Terms & Conditions

Application

1. By using the website myfamilywebdoctor.com.au (Site) the person who registers (You) agrees to the following terms and conditions (Terms), and all relevant laws and regulations, which may be revised or varied at any time without notice.

Remote Consultations

2. MyFamilyWebDoctor is an online service for videoconference consultations with Australian registered medical practitioners (Practitioners).

3. Individuals (Patients) may book appointments with Practitioners through the Site, and the Practitioners will examine and take a medical history via videoconference and other technologies, without a physical examination or face to face meeting (Remote Consultation).

4. Each Remote Consultation may have a time limit, which is purely between you and your Doctor. Neither MyFamilyWebDoctor nor any other person warrants that a diagnosis and treatment plan can be finalised within that time period.  

5. The Patient may end the Consultation at any time, however will be charged the full consultation fee.  

6. Each consulting Practitioner has full discretion to:

   1. interrupt or re-schedule a Consultation;

   2. discontinue a Consultation; or

   3. decline to treat You / the Patient,

for any reason they consider reasonable.

7. Complex medical problems may not be suitable for Remote Consultations due to time limitations. However, it may be possible to book a longer Remote Consultation or further Remote Consultation at another time.

8. You consent to the method by which the Remote Consultation is conducted (including any follow-up of a questionnaire received for a prescription), which is at the discretion of MyFamilyWebDoctor and the consulting Practitioner, and may include videoconferencing, telephone or a combination of these things.

9. You must provide an email address or fax number in case the Practitioner wishes to send paperwork to You or the Patient after the Remote Consultation.

10. Delivery of prescriptions and referrals will depend upon your Doctor’s current system.

11. No communications between a Practitioner and a Patient may occur outside of the allocated time without the prior written approval of the Practitioner.  

Limitation of service

12. Whilst MyFamilyWebDoctor endeavours to ensure that Remote Consultations are available at reasonable times, there are many factors which affect the availability of the service, and some of them are beyond the control of MyFamilyWebDoctor.

13. MyFamilyWebDoctor will attempt to accommodate a preference of Practitioner, but this is at all times subject to availability.

14. MyFamilyWebDoctor itself does not provide medical advice. MyFamilyWebDoctor is not a medical or healthcare provider, but is a facilitator of Remote Consultations between Practitioners and Patients. All medical and healthcare related questions should be directed to your Practitioner.

15. MyFamilyWebDoctor is not intended to be a substitute for regular consultations and treatment by an ongoing general practitioner, or other medical professionals, who will be better placed to assist with regular health needs. Whilst in-person consultation remains the ‘’Gold Standard’’, we are providing video conferencing as further tool for the medical profession.

16. The services offered by the Site are not intended to be a substitute for the ongoing involvement of Your usual GP or other medical professional responsible for managing Your day-to-day health needs.  

17. MyFamilyWebDoctor does not make any warranty or representation that the advice, recommended medication or treatment during a Remote Consultation is appropriate or effective or safe. The consulting Practitioner is solely responsible for clinical matters.

18. All information contained on the Site is general in nature, and should not be relied on as a substitute for specific advice from a Practitioner, who has had the benefit of a consultation and taken Your medical history.

Emergencies

19. MyFamilyWebDoctor is not suitable for medical emergencies or any matter which requires immediate treatment. If You are experiencing a medical emergency or require urgent treatment, please contact emergency services or get to the nearest hospital emergency centre.

Your obligations

20. You must provide accurate, current and detailed information about Your medical and health history. The ability of the consulting Practitioner to provide effective advice and treatment depends entirely on this.

21. You acknowledge and agree that in any Remote Consultation You must answer all questions asked fully and accurately, and be forthcoming with any relevant information including (but not limited to) any new or worsening symptoms or conditions, any medications being taken, and any other matter which a Practitioner could reasonably consider relevant.

22. You acknowledge that You may be asked for, and if asked You must provide, reasonable proof of Your age and identity.

Use of the Site

23. Unless expressly advised to the consulting Practitioner, You warrant that You have completed the all forms and questions completely and truthfully, and have not omitted information which is or may be relevant to the Patient’s care.

24. MyFamilyWebDoctor is not responsible for the manner in which a Remote Consultation is conducted or the quality of any medical advice provided.

25. If either You or the Patient are hard of hearing, during the Remote Consultation You/they must have a hearing assistance device.

26. You are responsible personally for the costs of the Remote Consultation in accordance with these Terms.

27. If, during a Remote Consultation, the consulting Practitioner considers that the Patient needs further treatment or examination, You will seek that as soon as possible. Neither MyFamilyWebDoctor nor the consulting Practitioner is responsible for following-up Patients.

28. Any medication or other treatment prescribed by a Practitioner will be solely for the Patient's own personal use and You will not allow any other person to take medication that has been prescribed to a Patient.

29. You will not share Your Site username and password with anyone and will take all reasonable steps to ensure that a third party does not gain access to Your account.

30. You will not share any links or web addresses sent to you for your Remote Consultation with a Practitioner and will take all reasonable steps to ensure that a third party does not gain access to MyFamilyWebDoctor’s videoconferencing systems.

31. MyFamilyWebDoctor reserves the right to cancel Your registration on the Site without notice at its sole discretion.

32. If a Practitioner prescribes medication or a treatment for a Patient, and the Patient suffers from any noticeable side-effects, You will notify the the Practitioner so he/she can fulfil their duty of after-care.

Your warranties

33. You warrant that You will:

    1. not use the Site for any illegal purpose;

    2. not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without MyFamilyWebDoctor's prior written consent;

    3. provide MyFamilyWebDoctor with complete and accurate contact details when using the Site, and that You will enter only Your own details, and not the details of any other person (unless You are that person’s parent or guardian);

    4. not impersonate or misrepresent any other person;

34. You warrant that:

    1. You will not use the Site in any way that is false, inaccurate or misleading, abusive, vulgar, hateful, harassing, obscene, threatening, defamatory or violate any applicable law or regulation;

    2. You are authorised to use any information which You post onto the Site, and without limitation, no information which You post or use in the course using the Site, infringes the intellectual property rights of any person;

    3. You will at all times comply with MyFamilyWebDoctor's Privacy Policy;

    4. In the case of a severe emergency, MyFamilyWebDoctor continues to be a portal between the patient and the Doctor. All technologies are not infallible and we are reliant on systems that may break down from time to time. We are in many respects in the same category as a telephone provider but we are trying to improve the communications and information between Doctor and Patient. We insist that if our system is not functioning for any reason, the telephone remains an obvious alternative for a consultation.

    5. You are at least 18 years of age and You are the Patient or the legal guardian, parent or health attorney (or other authorised decision maker) of the Patient.

Disclaimer, limitation of liability and indemnity

35. You acknowledge and agree that MyFamilyWebDoctor is not liable for the care of a Patient or for any medical, healthcare or other advice (including prescriptions) given by a Practitioner.  

36. MyFamilyWebDoctor is not liable for, and You indemnify MyFamilyWebDoctor (and our related bodies corporate, contractors and their respective officers, employees and consultants) against any and all claims, actions, proceedings, losses, liabilities and expenses (including legal expenses on a full indemnity basis) in any way arising from or relating to:

    1. any treatment, advice, information or other services provided by a Practitioner to a Patient during a Remote Consultation; 

    2. any personal injury, mishap or death or any alleged or actual malpractice or negligence by any Practitioner; 

    3. Your failure to answer any questions truthfully, or to provide any information requested by MyFamilyWebDoctor or a Practitioner; and 

    4. Your use of the services offered by the Site. 

37. Nothing in these Terms or otherwise is intended to exclude or limit the operation of the Australian Consumer Law or any other laws implying terms, conditions or warranties into contracts for the supply of goods or services which cannot be excluded.  Subject to this clause, and to the fullest extent permitted by law, all implied rights, remedies, guarantees, conditions and warranties are hereby excluded

38. MyFamilyWebDoctor provides the Site on an 'as is' basis and without any warranty, express, implied or statutory.

39. Without limiting the foregoing, You acknowledge that:

    1. You are solely responsible for the truth, accuracy and currency of any information that You provide;

    2. MyFamilyWebDoctor does not control, endorse, approve or warrant to the You the merchantability or fitness for any particular purpose of any of the goods or services of third parties referred to on the Site or whose identities become known to You as a result of using the Site or otherwise;

    3. MyFamilyWebDoctor does not warrant to You that anything on the Site or any linked or external site is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;

    4. You agree to consult professionals for advice that is specifically tailored to Your particular circumstances;

    5. MyFamilyWebDoctor does not warrant to the You that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;

    6. the Site may experience interruptions and access difficulties from time to time and that MyFamilyWebDoctor will not be responsible for such interruptions or access difficulties;

    7. You agree that MyFamilyWebDoctor and all affiliates and related entities of MyFamilyWebDoctor have no responsibility for the legality of the actions of other users.

40. To the extent permitted by law, MyFamilyWebDoctor excludes all liability to You or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill) arising out of or in connection with any:

    1. removal or termination of Your access to the Site; or

    2. use of the Site or information on or provided through the Site or any information or advice otherwise provided by MyFamilyWebDoctor.

Payments and Refunds

41. You agree to pay all fees or charges in accordance with these Terms and the fees and charges in effect at the time a fee or charge is due and payable. 

42. The cost of the consultation is purely determined by your Practitioner. He/She may elect to bulk bill you. He/She may elect to privately bill you. If there is a cost to You, we will require details for your Practitioner about payment methods, refunds, cancellations, etc.

Copyright

43. MyFamilyWebDoctor Pty Ltd claims and owns the copyright in all material produced by and under the name MyFamilyWebDoctor.

Use of images

44. Unless otherwise stated, all images (including background images, icons and illustrations) on the Site are copyrighted by their original owners.

Third party copyright

45. Wherever a third party holds copyright in material presented on this Site, the copyright remains with that party. Their permission may be required to use the material.

Trade marks and names

46. The site includes trade marks and names. Use of those trade marks and names is with the permission of the owners and does not imply ownership or endorsement by MyFamilyWebDoctor.

Privacy

47. MyFamilyWebDoctor’s privacy policy can be viewed here.

Interpretation

48. In these Terms & Conditions:

    1. a reference to MyFamilyWebDoctor is a reference to MyFamilyWebDoctor Pty Ltd ABN 31 639 753 781

    2. capitalised terms have the meaning given to them when first used in these Terms & Conditions.

    3. the singular includes the plural and vice versa;

    4. a reference to any gender includes a reference to all other genders;

    5. a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;

    6. where an expression is defined (including by introduction), another part of speech or grammatical form of that expression has a corresponding meaning;

    7. headings are inserted for convenience only and do not affect the interpretation of these Terms.