1. This page (together with the documents referred to in it) explains you the terms (Terms) that apply when you make an appointment for a consultation that is pre-booked or a consultation that is on-demand (hereinafter referred to as a Booking) on www.kidsdoconcall.com.au (Website).
2. Please read these Terms carefully before making a Booking on our Website. If you have any questions relating to these Terms, please contact firstname.lastname@example.org before you make a Booking.
4. The Website is owned by Global Telemedicine Consulting Group Pty Ltd Pty Ltd ACN 638 451 706 (GTCG) and operated by Children’s Telemedicine Group Pty Ltd ACN 639 273 242, an Australian incorporated company, whose registered offices are at Level 3, 1 Palmerston Crescent, South Melbourne, Victoria 3205. The terms “we” or “us” or “CTCG” in these Terms refer to GTCG. In either case you may contact us at email@example.com.
5. All rights, title and interest in the Intellectual Property associated with the Website remains with GTCG and must not be used or distributed without GTCG’s express written consent.
6. Our objective is to allow you in your capacity as parent/legal guardian of a person under your care including persons under 18 years of age and persons with chronic health conditions that are yet to transition to adult services (Patient) to make a Booking for a telehealth consultation on the website with one or more medical professional which may include but is not limited to a Paediatric Medical Practitioner, Medical Practitioner or other health practitioner (Health Practitioner). The Health Practitioner will provide you with medical advice in relation to the Patient’s situation (Services). We will manage your experience from our Website throughout the Booking process until the Services are provided. Once you have made your Booking, you will be allocated a Health Practitioner who will engage with you through the Website at the time specified in your Booking.
7. To make a Booking using our Website, you need to create an Account. When you create an Account, you must designate a username and password, and will also have to provide credit card details. You must keep any password you create secret and confidential, and prevent others from accessing your email address used in the Account. You are able to nominate other legal guardians and authorised users to access the Account who are authorised as legal guardian of the Patient. You acknowledge that any authorised users are required to keep the login details to the Account secret and confidential. If another person uses these methods to access your Account, you will be responsible to pay for any Booking they make, and we are not responsible for any other losses you suffer, unless the party accessed your Account because we did not keep it secure.
8. You may close your Account at any time by requesting to do so in your account section of our Website
or contacting us using the contact details above. We may suspend your access to your Account, or close it permanently, if we believe that your Account has been used by someone else. We may also close your Account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your Account before your Booking (at least 24 hours before the allocated meeting time) we will refund any payment you have made using the Website by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
9. When you make a Booking through our Website, it needs to be accepted by us and a Health Practitioner needs to be assigned to your matter before it is confirmed. Once confirmed you will receive a confirmation notice (Confirmation Notice).
10. When you receive a Confirmation Notice in connection with a Booking the Services will be provided on the date and time specified in the Confirmation Notice.
11. The Services will be performed off-site via video-conference or if a video-conference is not able to be provided, by way of a telephone call, and accordingly it will not be possible for the Health Practitioner to conduct a physical examination, test or check in the same way as you would be treated in an on-site appointment.
12. Where the Services are provided by way of a telephone call, standard call rates will apply however we accept no responsibility for additional telephone, MMS, international call rates or data charges you accrue.
13. The Health Providers will make up to two (2) attempts to contact you at the date and time set out in the Confirmation Notice failing which, your Booking will be cancelled at no cost to you.
14. After the consultation, you will receive a copy of your consultation summary, and, if applicable, prescription and referral to be made available on a secure patient portal which you can access at your convenience. If specifically requested, these documents can be emailed to you.
15. Unfortunately, despite our best efforts, things do not always go to plan and factors such as internet outages, emergencies or other delays due to unexpected extended consultations may prevent our Health Practitioner from participating on time and we cannot be held responsible for interruptions to the Service. If the Health Practitioner is more than 30 minutes late for a pre-booked consultation or 90 minutes late for an on-demand consultation, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong details).
16. As part of the Services being provided, the Health Practitioners may recommend that the patient attend the emergency room and/or that an ambulance is called.
17. You have a legal right to receive Services in relation to the Booking. If you believe that the Services you have received do not comply with these legal rights, please let us know as you have a legal right to have the issue remedied. We will remedy any failure in accordance with your legal rights. This may include providing a refund or account credit, unless we have reasonable cause to believe that the problem was caused or contributed to by you.
18. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the Booking, whether the Patient was referred to the emergency room, your account history, what happened on the day of the meeting and information from our Health Practitioner who attended the meeting and provided the Services when determining the remedy that will apply in the circumstances.
19. You may cancel your Booking without charge at least 24 hours before your meeting with our Health Practitioner (Proceeding Booking). If you wish to cancel a Booking before it becomes a Proceeding Booking, please contact us immediately, via our Website. If the Booking is not a Proceeding Booking, we will refund your payment using the same payment method as you used to originally pay for the Product. If you cancel your Booking after it becomes a Proceeding Booking, you will be charged fifty percent (50%) of the full price.
20. We may notify you that a Booking has been cancelled at any time. You will not be charged for any Booking cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay. We may also apply credit to your account to reflect the inconvenience caused.
21. We acknowledge that the Competition and Consumer Act 2010 (Cth) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms is intended to exclude or restrict the application of such non-excludable terms to these Terms.
22. Accordingly, nothing in these Terms affects any rights that you may have which we can’t by law exclude. If GTCG breaches a non-excludable term or condition, it will be liable for that breach.
23. However, to the extent permitted by law, any liability of GTCG is limited to the payment of the cost of re-supplying the relevant Service again.
24. Subject to the information set out above, and to the maximum extent permitted by law:
(a) we expressly disclaim any and all guarantees, conditions, warranties and liabilities with respect to type, acceptability, the fitness for purpose of the Website and its contents;
(b) we make no representation or warranty of any kind regarding the availability, correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Website or its contents. Your use of the Website is at your own risk;
(c) we will not be liable to you or any other person in connection with your use of the Website for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, loss of actual or anticipated savings, loss of revenue, expectation, business, savings, data or unavailability of systems, other economic loss or other losses, whether arising under contract, statute, tort (including negligence) or otherwise;
(d) we will not be liable for any use of or access to, or any inability to use or access, the Website unless such loss arises as a result of our own negligence or wilful misconduct.
25. Our liability to you for any loss or damage of any kind arising out of these Terms will be reduced or
limited to the extent (if any) that you cause or contribute to the loss or damage whether our liability is in contract, tort (including negligence), under any statute or otherwise.
26. To the extent permitted by law, you agree that to the extent that any loss or damage suffered by you is attributable to fault, negligence, or lack of care on your part or on the part of any person for whom you are responsible including, without limitation, any other advisors engaged by you, we (and our directors and employees) are not liable (in tort, contract or otherwise) for the loss or damage to the extent caused or contributed to by you, your advisors or by any person for whom you are responsible.
28. You must seek and obtain express permission from the Health Practitioner to record any aspect of the Booking in any way whatsoever.
29. If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court decides that any part of these Terms is unenforceable, illegal or void, the rest of the terms will be unaffected and will remain in force.
30. We may change these Terms from time to time. If we make any changes which affect your rights in relation to the Services, we will take steps to notify you (for example, by posting an updated version of the terms on the Website). Changes to the Terms will not affect any Bookings you have placed where we have sent the Confirmation Notice.
31. These Terms are governed by the laws of the state of Victoria and you agree to submit to the non- exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
32. You may make a Booking as a member or non-member, as determined by the [insert link to membership information / pricing in website].
33. You must indicate in your Account whether you will be a member or non-member and must provide details concerning your nominated credit card in order to make a Booking.
34. To use the Website and make a Booking as a member, as determined by the [insert link to membership information / pricing in website], you must pay the Membership Fee in accordance with the payment schedule set out in the [insert link to membership information / pricing in website].
35. You will be charged for your Booking based on the applicable fee set out in [insert link to membership information / pricing in website].
36. All payments charged to a member or non-member due under these Terms:
(a) are exclusive of Goods and Services Tax (GST), which where applicable, if GST is imposed or payable on any supply made by a party under these Terms, the recipient of the supply must pay to the supplier, in addition to the GST exclusive consideration for that supply, an additional amount equal to the GST exclusive consideration multiplied by the prevailing GST rate. The additional amount is payable at the same time and in the same manner as the consideration for the supply;
(b) expressions defined in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning when used in this clause;
(c) shall be paid by you as directed in AUD by your nominated credit card in accordance with the [insert link to membership information / pricing in website]; and
(d) we reserve the right to review our fees contained in [insert link to membership information / pricing in website] at our sole and absolute discretion.
37. Where you elect to become a member, your membership commences on the date that you nominate and continues indefinitely until the date that your membership is terminated in accordance with these Terms.
38. We reserve the right to debit your nominated account using our payment processing system STRIPE. We accept Mastercard and Visa via STRIPE. If you are experiencing difficulty paying contact your financial institution. We reserve the right to debit your nominated account in the following way:
(a) immediately after the consultation; and
(b) for membership subscriptions:
(i) monthly – monthly in advance from your nominated credit card on the anniversary of your first payment;
(ii) quarterly – quarterly in advance from your nominated credit card quarterly on the anniversary of your first payment; or
(iii) yearly – yearly in advance from your nominated credit card yearly on the anniversary of your first payment.
39. We may terminate your membership at any time and for whatever reason in our absolute discretion upon your breach of any of the provisions contained herein, including where you have made a payment default, hereof without notice.
40. You may terminate these Terms including your membership by cancelling your Account at any time either with or without cause and in doing so, the following terms apply:
(a) where you have paid for a monthly, quarterly, or annual membership in advance, you will be entitled to use your membership until the end of its monthly, quarterly or annual term as applicable;
(b) we will not refund a membership unless the law requires us to refund the membership fee; and
(c) we will not refund you if the prepaid membership term has already expired.
41. We reserve the right to change or add to these membership terms and conditions. For the avoidance of doubt however, changes to the Services and hours of operation does not constitute a change of this membership agreement.
42. We reserve the right to change our membership fees and consulting fees at any time, for any reason. If you have already paid your monthly, quarterly or annual membership fees in advance, this will not affect the fees you have paid in advance, however will affect the fee schedule for your next billing cycle.