Terms of Service – Patient User

Section 01Background

1.1.HotDoc Online Pty Ltd ABN 84 159 662 558 (We, Our or Us) provides the “HotDoc” online platform and websites for booking and managing medical appointments and certain clinical service requests, supporting interaction and engagement between Clinics and Patients, and providing other functionalities and services to Clinics and Patient Users (Platform).

1.2.In these Terms, a reference to You or Your is a reference to a Patient User (being the Patient and/or an Authorised Person, as applicable) of the Platform. Other capitalised words are defined at the end of these Terms.

1.3.These Terms set out the basis on which We permit You to access and use the Platform. By accessing and using the Platform, You agree to be bound by these Terms as amended from time to time.

1.4.We may amend these Terms at any time by publishing the amended version on Our website or by otherwise providing notice to You, such as by email or notification in the Platform. Any such amended version will apply to Your use of the Platform from the date of its publication or Our notice to You. If You do not agree to the amended Terms, You should cease using the Platform.

Section 02Your access to the Platform

2.1.We grant You access to the Platform on the basis that You:

a.will comply with these Terms at all times; and

b.will comply with any reasonable request by Us or Your Practitioner or Clinic in relation to Your use and access of the Platform.

2.2.By accepting these Terms, We grant You a limited, non-exclusive and revocable licence to access and use the Platform. We may issue this licence to You on any further terms or limitations as determined by Us.

Section 03Account registration

3.1.In order to access the Platform, You must register an Account. We may set registration requirements at Our discretion, including those contained in clause 3.2.

3.2.You agree and accept that:

a.as a Patient User, You must verify Your identity by supplying verification information reasonably required by Us for this purpose. If You do not provide Us with this information, We are unable to provide You with access to the Platform;

b.You are responsible for correctly setting up Your Account, and for any information that You (or any Authorised Person) enter into or select via the Platform;

c.You are not permitted to access or Use the Platform if You are under the age of 16, and You are only permitted to request a Booking for Telehealth On Demand if You are 18 years of age or older, or the legal guardian of a dependant who is 6 months of age or older;

d.in order to protect Your Personal Information and Health Information, We may restrict access to or use of Your Account until Your identity can be verified; and

e.an Authorised Person who registers or uses a Patient User’s Account warrants that they are an authorised representative of that Patient, or a parent or legal guardian of the Patient, and have the requisite authority to act on behalf of the Patient with respect to the Patient User’s Account and to bind the Patient and itself as the Authorised Person, to these Terms.

Section 04Acceptable use and Your obligations

4.1.In accessing or using the Platform, You must ensure that You do not:

a.breach any laws, or encourage or assist the commission of any illegal act;

b.infringe any person’s rights, including intellectual property and proprietary rights, rights of privacy, confidentiality or contractual rights;

c.include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Platform or any device accessing the Platform;

d.impersonate any other person;

e.negatively impact any other Patient User’s ability to access and use the Platform;

f.publish or link to malicious content;

g.vexatiously or frivolously use the Platform;

h.make a Booking via the Platform, and fail to take all reasonable steps to either attend that Booking or provide reasonable notice of any cancellation;

i.engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage Our reputation or Our services; or

j.record or publish the medical advice provided to you within a telehealth booking facilitated by the Platform.

4.2.In addition to clause 4.1, You must comply with any additional terms, requirements, restrictions, acknowledgements or consents that apply to a particular feature, service or functionality of the Platform that You access and use (including the terms set out at clauses 4.3 - 4.7 of these Terms).

4.3.Bookings and Routine Requests:

By making a Booking or requesting a Routine Request via the Platform, You acknowledge and agree that:

a.all information that You have provided to Us or Your Practitioner via the Platform is accurate and truthful, including within Your Booking request or Routine Request;

b.Your Practitioner and Clinic may set additional eligibility or other requirements that apply to Your request for a Booking or a Routine Request, which You must comply with;

c.the Platform, including the Bookings and the Routine Requests feature or services, must not be used for any emergency or life threatening conditions, illnesses or injuries. If You need emergency assistance please call 000 for immediate help;

d.to access and use Routine Requests, You must reside in Australia;

e.We and Your Practitioner or Clinic make no representations and provide no guarantee that You will be prescribed any medication, provided with a referral or receive any particular medical outcome via Your use of Routine Requests (or an appointment Booking) and Our services. This will be assessed by Your Practitioner based on their assessment and understanding of Your medical history and Your clinical need;

f.We do not provide health services, and provide the Platform only that enables communications between You and Your Practitioner (including via requests for Bookings and Routine Requests). We are in no way responsible for the provision of healthcare to You. We do not make any representation, recommendation, or endorsement about the quality, suitability or appropriateness of any Practitioner, Clinic or clinical care, nor do We represent that any particular Practitioner or Clinic is preferred, superior or more appropriate for You or Your needs. Your Practitioner and Clinic (including those who provide Telehealth On Demand) are solely responsible for any medical or clinical care or treatment that is or is not provided to You; and

g.You must follow any requirements or recommendations of Your Practitioner in relation to a prescription, referral, or any other medical advice provided to You, and promptly raise any concerns or issues with Your Practitioner directly.

4.4.Patient Notes:

By making a request for the sharing of Patient Notes via the Platform, You acknowledge and agree that:

a.while We will share any request You make via Patient Notes with the relevant Practitioner (and make accessible to You and Your regular Clinic any summary of Your Telehealth On Demand consultation that such Practitioner provides to Us for this purpose), We make no representations and provide no guarantee that:

i.the relevant Practitioner will comply with Your Patient Notes request; or

ii.any summary of Your Telehealth On Demand consultation will be:

A.accurate and complete;

B.properly received, reviewed, actioned or stored by your regular Clinic; or

C.received by You; and

b.If You have any concerns or questions about a Patient Notes request, or require follow-up medical services, You should contact the relevant Practitioner or Your regular Clinic directly.

4.5.Telehealth On Demand:

When accessing or using Telehealth On Demand (and in addition to Your specific obligations under clause 4.3), You acknowledge and agree that:

a.the allocation of the available Practitioner for Your Booking is not at Your discretion;

b.while We may provide information about circumstances in which Telehealth On Demand is not suitable, this should not be construed as making any representation or warranty as to the suitability of Telehealth On Demand for Your individual circumstances;

c.each Booking for Telehealth On Demand is limited to the consideration of a single issue or requested outcome, which will be determined by Your Practitioner in consultation with You; and

d.the following important restrictions and limitations apply to Telehealth On Demand:

i.the following drugs are not available and will not be prescribed via Telehealth On Demand consultations: Schedule 8 drugs, Schedule 4D Drugs (drugs of dependence such as Benzodiazepines), Semaglutides (weight loss medications or appetite suppressants) and COVID-19 antivirals;

ii.each prescription appointment is limited to the consideration and, if deemed clinically appropriate, issuance of a script for a single medication only. You must book a short or long general consultation if You intend to seek prescriptions for more than one medication;

iii.Telehealth On Demand only supports You to request repeat prescriptions that You have been prescribed in the previous 6 months. While the relevant Practitioner has sole discretion to consider whether any new medications are suitable, this may only occur in very specific circumstances and is not guaranteed (and may not be appropriate for a telehealth consultation);

iv.a maximum of 1 repeat will be issued when a script is issued using Telehealth On Demand. Prescriptions issued via Telehealth On Demand are provided strictly as a temporary bridging measure and must not be relied upon for long‑term supply. Ongoing medication management remains the responsibility of Your usual general practitioner or treating healthcare provider;

v.antibiotics cannot be prescribed during ‘Prescription’ Telehealth On Demand consultations, only via a short or long general consultation;

vi.medical certificates (if issued based on the Practitioner’s sole clinical discretion) cannot be backdated and will only be issued with an effective date of the consultation or a future date;

vii.return to work, clearance to travel, workers compensation, superannuation release letters are not provided within the Telehealth On Demand service;

viii.multi-drug polypharmacy, medication reviews, and chronic disease management, mental health care plans and pathology or specialist referrals are not available via Telehealth on Demand;

ix.existing pathology or imaging results from a previous consultation with another practitioner cannot be interpreted by Practitioners via Telehealth On Demand. This should be completed with your regular treating physician or clinic; and

x.if You have had undiagnosed, unassessed or worsening symptoms persisting for 2 weeks or longer, assessment of these symptoms is not appropriate for Telehealth On Demand and You should instead be seeking care from Your regular treating physician or clinic.

4.6.Health Wallet:

When accessing or using Health Wallet, You acknowledge and agree:

a.Health Wallet is designed to support Patient Users to keep track of certain health information (including prescriptions) based on Patient User-configured settings. Typically, prescription information can be added to Health Wallet by a Patient User manually entering token numbers from their prescriptions or scanning the digital code to enable the prescription to be imported, however this process and capability may change and adjust from time to time;

b.when adding prescription information to Your Health Wallet, this enables You to access and view such information that is ultimately sourced from third party participating prescribing and dispensing systems (Third Party Prescription Services), which are made available for Your convenience only. Health Wallet does not create, issue, validate, clinically assess or amend prescriptions, and the Third Party Prescription Services operate independently of Us and remain the authoritative source of prescription information;

c.Health Wallet:

i.is not a clinical system and does not provide medical decision-making, oversight or monitoring or assessment of Your prescriptions or clinical needs. Any queries regarding the accuracy, appropriateness, repetition, renewal, use or amendment of a prescription must be directed to the prescribing Practitioner or relevant Clinic; and

ii.does not support the requesting, issuing, or authorisation of prescription repeats, tokens or changes (and such requests must be made directly to the prescribing Practitioner or Clinic);

iii.may display active and, where applicable, archived prescription information in a format that is consistent with that supported by the relevant Third Party Prescription Services. Expired, cancelled, or fully dispensed prescriptions may not be available for repeat, renewal, or further display through Health Wallet and must be managed through Your prescribing Practitioner; and

iv.may display prescription information that is not complete, current, or free from errors or delays. Such information may be affected by factors outside Our control, including system availability, timing of updates, or actions taken by Third Party Prescription Services. You should confirm prescription details with the prescribing Practitioner, Clinic or dispensing pharmacy where accuracy is important;

v.may enable You to set certain reminders, based on Your preferences, in connection with the prescriptions You have added to Health Wallet. Any such reminders are provided for convenience only and should not be relied upon as the sole or primary way of managing Your prescriptions, repeats, renewals, dosage, timing or other medication-related matters. Reminders may be delayed, inaccurate, incomplete, unavailable or not delivered due to technical issues, user settings, third party system issues or other factors. You remain responsible for independently managing Your prescriptions and medication schedule, and should contact Your prescribing Practitioner, Clinic or dispensing pharmacy if You are unsure about any prescription or medication-related matter; and

d.You must retain appropriate copies of Your prescriptions and any related information (including hard-copy and digital versions). Health Wallet should not be relied upon as Your sole record of prescription information, and does not replace the need for You to retain the original paper or electronic prescriptions.

e.Your Health Wallet Data may be stored and retained by Us unless and until You:

i.delete an individual prescription from Health Wallet; or

ii.request that We delete Your Prescription Data by contacting us using the contact details contained in Our Privacy Policy; or

iii.delete Your Account for the Platform (in these circumstances, We may retain some of Your Prescription Data unless You request it be deleted).

4.7.General AI-enabled and automated features

You acknowledge and agree that:

a.the Platform and Our related services may include, support or use automated technologies, machine learning, artificial intelligence, transcription, summarisation, analytics or other data processing tools, including to operate, maintain, support, secure, improve and develop the Platform, its functionalities and Our services, and to understand Patient User needs and experiences, conduct research, analyse feedback, provide customer support, undertake quality assurance, and develop or test new or improved features and functionality; and

b.outputs generated by automated or AI-enabled features may be incomplete, inaccurate, inappropriate, outdated or unsuitable for Your intended purpose. If You have been notified that a particular feature of the Platform utilises AI-enabled or automated features, You are responsible for reviewing, verifying and exercising Your own judgment before relying on, using, sending, saving or otherwise acting on any output generated by those features.

Section 05Fees

5.1.General

Creating an Account on Our Platform is free. However, We may charge a Platform Fee for specific requests, Bookings, or features You use via the Platform. Any such Platform Fees will be clearly displayed and agreed to by You prior to being incurred and include (but are not limited to) the fees described in 5.2 and 5.3 below.

5.2.When using Routine Requests:

a.You will be charged a non-refundable Platform Fee for Routine Requests that you request via the Platform and that Your Practitioner has approved. The total fees that You pay for a Routine Request will incorporate:

i.the fees charged by Your Practitioner for the Routine Request;

ii.a Platform Fee that is charged by Us for Your access to and use of the Routine Requests feature of Our Platform.

b.For the avoidance of doubt, You will not be charged the fees set out in clause 5.2(a)(i) and (ii) above for requests that are declined by Your Practitioner via Our Platform.

c.The services that are provided to You by Your Practitioner via Routine Requests may not attract any rebate under either Medicare or private health insurance, and You should confirm this with Your Practitioner prior to requesting the Routine Request.

5.3.When using Telehealth On Demand:

a.You will be charged a non-refundable Platform Fee when You make a Booking for Telehealth On Demand via the Platform. The total fees that You will pay will incorporate:

i.the fee charged by Your Practitioner for the Telehealth On Demand consultation; and

ii.a Platform Fee that is charged by Us for Your access to and use of Telehealth On Demand via Our Platform.

b.The services that are provided to You by Your Practitioner via Telehealth On Demand may not attract any rebate under either Medicare or private health insurance.

5.4.Refund policy for Telehealth On Demand

a.You will not be eligible for a refund of fees in the following circumstances:

i.Your Practitioner attempts to contact You on Your nominated phone number two (2) or more times to complete a Telehealth On Demand consultation and You do not answer; or

ii.You make a Booking and seek assistance that is outside the clinical scope of the Telehealth on Demand service, including but not limited to requests for:

A.complex healthcare plans — for example, mental health care plans, chronic care plans, or disability care;

B.specialist, imaging or pathology referrals; or

C.any high risk or otherwise restricted medications that cannot be prescribed during a Telehealth On Demand consultation — for example, Schedule 8 drugs, Schedule 4D medications, semaglutides (weight management medication), medical cannabis or COVID-19 antivirals; or

iii.Your Practitioner does not fulfill your request on the grounds of clinical discretion or because it is not suitable for a telehealth consultation.

b.You may be eligible for a refund of the Fees in the following circumstances:

i.Your Practitioner fails to contact you for your scheduled Telehealth On Demand consultation within thirty (30) minutes of the scheduled appointment time and Your Telehealth On Demand consultation was not completed; or

ii.a technical error or disruption caused by the Platform prevented Your Telehealth On Demand consultation from being completed.

Section 06Availability of the Platform

6.1.While we take all reasonable steps to limit any interruptions to Your access to the Platform, You acknowledge and agree that:

a.Your access to the Platform may be prevented by issues outside of Our control;

b.We do not promise continuous or error-free access to the Platform, including as to any third party services facilitated by the Platform such as video conferencing for telehealth services, for accessibility to Your Health Wallet Data, or that any requested digital communications or interactions will be transmitted and received via the Platform within a prescribed timeframe;

c.the functionality and features of the Platform may change or be improved or removed from time to time; and

d.You are able to prepare for, or manage, unscheduled unavailability of the Platform by:

i.keeping Your mobile app up to date, which will store local copies of the data (including any Health Wallet Data) stored within the Platform;

ii.printing hard copies of the information stored within the Platform; or

iii.contacting Your Practitioner directly.

Section 07Third party information

7.1.You acknowledge and agree that:

a.the Platform provides links to third party information and websites;

b.We are not responsible or liable in any way for any information contained on any linked third party website, including medical or clinical information; and

c.We provide and operate the Platform only, and are not responsible for, or liable with respect to, the accuracy or completeness of any information or data which is provided or communicated to You via the Platform by Your Clinic or Practitioner, a Third Party Prescription Service, or any other user of the Platform, or how it will be collected, used and otherwise handled by any recipient.

Section 08Data

8.1.We take the security of the Platform and the privacy of Patient Users very seriously. You agree that:

a.You will not do anything to prejudice the security or privacy of Our systems or of the information on Our systems;

b.You are solely responsible for the security of Your login details for accessing the Platform; and

c.You will notify Us immediately if You become aware of any unauthorised access to the Platform.

8.2.We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards, however You accept that the internet is not a fully secure environment and We cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If You provide Us with information via the internet (including any images and sensitive health information including prescription information), You do so accepting this risk. If You request that we share your information via the internet (such as via Patient Notes), You also do so accepting this risk.

8.3.We may limit the amount of data that You can store in the Platform, and will advise You of such limitation. Data that is stored with Us (including Health Wallet Data) will be stored according to accepted industry standards.

8.4.We will perform backups of the Platform in a reasonable manner at such times and intervals as are reasonable for Our business purposes. We do not warrant that We are able to backup or recover specific Patient User content (including Health Wallet Data) from any period of time, unless so stated in writing by Us.

Section 09Privacy

9.1.By using the Platform, You acknowledge and agree that:

a.We will collect any Personal Information (including any Health Information) You provide to Us or Your Clinic or Practitioner via the Platform, or that your Clinic or Practitioner provides to Us about You, and We will manage and deal with this Personal Information in accordance with Our Privacy Policy located at https://www.hotdoc.com.au/practices/privacy-policy (Privacy Policy), as amended from time to time. Our Privacy Policy contains important information about how We collect, hold, handle and store Your Personal Information, and how You can request access or correction;

b.We will share Your Personal Information or Health Information with any Clinic or Practitioner authorised by You, or with whom You request a Booking, a Routine Request or the sharing of information via Patient Notes, or otherwise communicate with via the Platform;

c.the Clinic You request a Booking or a Routine Request with, or otherwise communicate to, via the Platform may have its own policy governing access to this information – Our Privacy Policy does not govern, and We make no representations in relation to, how Your Clinic or Practitioner handles Your Personal Information, and You should direct any such enquiries to them directly;

d.any consent given by You through the Platform is valid and binding unless and until revoked by You, and a Clinic or Practitioner may rely on a consent given through the Platform without any need to further verify that consent;

e.We may send You emails, text messages, push notifications and other alerts on behalf of Us or Your Clinic and their Practitioners, for purposes such as confirming your Booking or Routine Request, providing clinical or appointment reminders, providing Health Wallet-related reminders based on your preferences, facilitating patient surveys, sending other communications to You on behalf of Your Clinic and providing You with Your password and verification to access the Platform;

f.if You use Health Wallet, while Your Health Wallet Data will only be collected at Your direction, information may be sourced indirectly from, or transmitted via, Third Party Prescription Services;

g.We may also collect or generate browsing, analytical information and metadata (including statistical information such as information about Your online preferences, behaviours, movements and engagement) about You from Your use of Our website, Platform and any electronic communications You receive from Us or a Clinic, which may use cookies (a small tracking code in Your browser) and tracking pixels. This information may be collected on an identifiable basis and used in accordance with Our Privacy Policy. You may manage how You handle cookies in Your browser settings;

h.We may access and collect your geo-location during the use of Our Mobile Check In feature. This permission is requested from You when You access the feature and information is only collected during the check-in process. Any geo-location data collected will only be used for the purpose of delivering the service;

i.If You provide Your express consent or doing so is otherwise authorised or permitted by law, We may send You Marketing Communications from time to time. Any such Marketing Communications will be sent by email, SMS, push notification, or other electronic means. You may withdraw Your consent to receive Marketing Communications at any time by using the unsubscribe link or updating your preferences in the Platform. Your choice to opt in or out of Marketing Communications will not affect the provision of Our Platform services or any transactional or clinical communications You receive (e.g., appointment or script reminders, recalls or patient surveys).

9.2.If, at any time, You provide or upload Personal Information (including Health Information) or other information about someone other than You to Our Platform, or make a request about how We share or deal with that information, You warrant that You have that person’s consent to provide such information or make such a request to Us for the purpose specified, and to Our collection and handling of the Personal Information in accordance with these Terms and Our Privacy Policy.

9.3.If You provide anyone else with access to the Platform (including providing anyone else with Your login details to the Platform), then You consent to that person accessing the Platform on Your behalf, including accessing Your Personal Information.

9.4.If You suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Platform, You must let Us know immediately.

Section 10Suspension or termination of access

10.1.We may, in Our sole discretion:

a.revoke, suspend or end Your licence and access to use the Platform or part of the Platform; and

b.cancel or otherwise terminate Your Account with immediate effect.

10.2.We will ordinarily advise a Patient User of any suspension, revocation or termination, however We may be unable to do this if the suspension, revocation or termination occurs immediately and due to issues such as a security incident or Your material breach of these Terms.

10.3.If Your Account is cancelled or We otherwise permanently end Your access to the Platform, information We have collected about You may be either:

a.permanently deleted or de-identified; or

b.retained in accordance with any applicable regulatory requirements.

10.4.Termination or expiration of Your licence or access to use the Platform will not affect any accrued rights, indemnities, or any other provision of these Terms which are intended by their nature to survive termination or expiration.

Section 11Intellectual property

11.1.We (or Our licensors) retain ownership of all intellectual property rights in and to the Platform, including messages and content We make available to You.

11.2.Nothing in these Terms transfers any intellectual property or proprietary rights in the Platform. Except as permitted by these Terms or under the Copyright Act 1968 (Cth), You must not:

a.copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services, content, technology or intellectual property rights obtained through Your use of the Platform;

b.reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of the Platform; or

c.rent, lease, lend, resell or sub-licence Your rights to use and access the Platform.

11.3.You grant Us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, and adapt any contributions You make to the Platform in connection with its operation by Us, including without limitation insights, ideas, feedback, feature requests, suggestions or other information provided by You with respect to the Platform.

Section 12Liability and indemnity

12.1.To the extent permitted by law, You acknowledge and agree that:

a.Your use of the Platform is at Your own risk;

b.You are solely responsible for Your use of the Platform and for the accuracy and suitability of any information or data (including Health Wallet Data) that You upload to, obtain from, or request transmission via, the Platform, including any third party services facilitated by the Platform;

c.We make no representation or warranty that an appointment time is actually available, or that a Clinic will confirm a Booking request or respond to a Routine Request or a Patient Notes request within a certain timeframe (or at all). It is Your responsibility to contact the Clinic if You experience any issues with Your Booking request, Reminder, Recall, Routine Request, Patient Notes request or any other communication with a Practitioner or Clinic that is made via the Platform, including any delay;

d.the Platform is not designed for, and must not be relied upon in relation to, any critical, emergency or acute care medical circumstances;

e.the Platform does not provide medical advice, clinical decision-making, clinical monitoring, prescription management or medication management, nor does it hold itself out to do so. Any health, prescription or medication-related information, reminders, communications or information about Practitioners or Clinics made available through the Platform are provided for convenience only and must not be relied upon as a substitute for advice, assessment, treatment or follow-up from Your Practitioner, Clinic or dispensing pharmacy. We do not make any representation, recommendation or endorsement about the quality, suitability or appropriateness of any Practitioner, Clinic or clinical care, nor do We represent that any Practitioner or Clinic is preferred, superior or more appropriate for You or Your needs

f.We provide and operate the Platform only, and are not responsible or liable for the conduct or activities of other third parties, including any third party service provider (such as a Third Party Prescription Service), Clinic or Practitioner, including any clinical care or advice You are or are not provided with by Your Clinic or Practitioner or how Your Clinic or Practitioner manages, stores and handles Your Personal Information (including Your Health Information); and

g.under no circumstance will We be liable for:

i.any illness, injury, or death resulting from use of the Platform; or

ii.any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from Your access to, use of, or inability to use the Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not We knew or should have known of the possibility of such loss.

12.2.Both You and We agree to indemnify the other party for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that the indemnified party may suffer or incur as a result of any breach by the indemnifying party of these Terms. All other liability is excluded (other than that provided for under clause 12.3).

12.3.Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, We together with Our related entities exclude all conditions and warranties that may be implied by law.

Section 13General

13.1.You acknowledge that You have not relied on any representation, warranty or statement made by Us, other than as set out in these Terms or Our Privacy Policy.

13.2.No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

13.3.The laws of the state of Victoria, Australia govern these Terms, and You agree to the non-exclusive jurisdiction of courts in the State of Victoria, Australia for any disputes which might arise.

13.4.Any clause which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.

13.5.You may not assign or otherwise create an interest in Your agreement with Us without Our prior written consent. We may assign or otherwise create an interest in Our agreement with You under these Terms by written notice to You.

Section 14Interpretation

14.1.The following terms are used regularly throughout these Terms and have a particular meaning:

a.Account means a registered Patient User’s account on the Platform.

b.Authorised Person means any person who has authority to act on behalf of the Patient, including a parent or a legal guardian of the Patient, or a representative of the Patient who is authorised to include information on the Platform on the Patient’s behalf.

c.Booking means an appointment with a Practitioner that is made via the Platform (including via Telehealth On Demand).

d.Health Information has the same meaning as in the Privacy Act.

e.Clinic means a medical practice, healthcare practice, Practitioner or other organised or incorporated body that provides healthcare services and has access to and use of the Platform.

f.Health Wallet means the feature of the Platform that enables You to store, view and manage Your Health Wallet Data within a single digital location within the Platform.

g.Health Wallet Data means Your Personal Information and Health Information that You upload or generate via Your use of Health Wallet, and typically includes copies of Your prescriptions and any other prescription-related information, identifiers (including government-related identifiers such as Your ‘individual healthcare identifier’ or Medicare number), demographic information and metadata associated with prescribing or dispensing events.

h.Marketing Communications means the promotional or advertising content about Our or Our partners’ services, offers or any other health-related content which is sent electronically to a Patient User who has given their consent to receive such communications or which is otherwise authorised or permitted by laws.

i.Patient means a patient or consumer (or potential patient or consumer) of health services of a Clinic.

j.Patient Notes means the feature of the Platform that enables a Patient to request that for a Telehealth On Demand consultation, the relevant Practitioner provide a summary of the consultation to the Patient’s regular Clinic via the Platform and/or to the Patient themselves.

k.Patient User means the Patient, or an Authorised Person who has authority to act on behalf of the Patient, who accesses or uses the Platform to request a Booking or a Routine Request or otherwise communicate with a Clinic.

l.Personal Information has the meaning given to that term by the Privacy Act.

m.Platform Fee means the fee We may charge You for specific requests, Bookings, or the use of certain features You make via the Platform - to cover the cost of providing and operating our Platform and to enable Your Booking or request (such as the fee that applies to Your Routine Requests, Online Booking or Telehealth On Demand Booking). The Platform Fee may change from time to time, but will be presented to You prior to being incurred.

n.Practitioner means a medical practitioner, health professional or other individual who You engage with via the Platform.

o.Privacy Act means the Privacy Act 1988 (Cth).

p.Recall means a clinical reminder sent to a Patient via the Platform.

q.Reminder means an upcoming appointment reminder sent to a Patient via the Platform.

r.Routine Request means the feature of the Platform that enables a Patient to make certain online requests for a prescription, referral, information about a medical result, a short call back, or any other online request that HotDoc makes available (and incorporates the functionalities previously described as ‘Repeats’ and ‘Quick Consults’).

s.Terms means these Terms of Service.

t.Telehealth On Demand means the feature of the Platform that enables a Patient to make a Booking for, and attend, a telehealth consultation with their Practitioner via the Platform.

14.2.The following rules apply unless the context requires otherwise:

a.headings and explanations are for convenience only and do not affect interpretation;

b.the singular includes the plural and the opposite also applies;

c.if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;

d.a reference to a clause or item refers to clauses and items in these Terms including the Schedules;

e.a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

f.mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;

g.a reference to a party to these Terms or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives); and

h.a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

Section 15Contacting us and complaints

15.1.All questions, comments, requests or complaints regarding these Terms can be sent by email to [email protected]. We will aim to resolve any issue raised with You directly and promptly.

15.2.Please otherwise contact Your Practitioner or Clinic directly if You have any questions or concerns about their response to Your Booking request, Your Routine Request, Your prescription information, or any other communications or Your clinical care more generally.