Consent and T&Cs

Curatd Health (ABN 24 664 240 395) is committed to ensuring your privacy is protected through compliance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and other privacy laws that govern the collection, handling and storage of personal information.

Consent

Curatd Health collects information that is necessary and relevant to enable appropriate medical care, treatment and advice and for us to operate and manage our clinics.

This information may include:

• demographic information (including your name, address, Medicare number, date of birth, gender, occupation, carer details and customisation preferences);

• authentication details (including passwords and access codes) where you use our website and/or app-based services;

• payment information (including credit or debit card details);

• appointment information (including the type of appointment and reasons for visit); and

• health and other sensitive information (including medical history, family history, observations and metrics, medication reminder and scripts, questionnaires and forms, messages between patients and doctors, and any images or results)

If you do not truthfully provide us with certain personal or sensitive information, it may impact on our ability to provide you with quality medical care, treatment or advice.

Wherever practicable we will only collect information from you personally. However, we may also need to collect information from other sources such as other treating practitioners, allied health providers, hospitals and other health care services. In emergency situations we may also need to collect information from your relatives or friends. We collect information in various ways, such as over the phone or in writing, as well as in person at our Curatd Health clinic.

All personal information we collect is securely stored by Curatd Health electronically and/or in hard copy records.

In addition to holding your personal information in Australia we may hold your personal information in the cloud or on servers located outside of Australia. We take all reasonable steps to ensure that the personal information which has been transferred outside of Australia will be held in jurisdictions whose privacy laws are equal to or better then Australia’s, and will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.

Your personal and health information will only be used and disclosed for the purposes for which it was collected, with your consent, or as otherwise permitted by law. As necessary to provide you with medical care, treatment or advice, we may disclose your personal or sensitive information to other health providers involved in your care and/or your health insurer, Medicare or DVA. It may also be necessary to disclose your personal or health information to certain health registers (e.g. cervical, bowel, breast screening and the Australian Childhood Immunisation register) where considered necessary to assist with preventative health management.

Our privacy practices are set out in further detail in our privacy policy, which can be access via the following link: https://www.curatdhealth.com.au/privacy-policy/

Information Consent

• I consent to Curatd Health collecting, using, disclosing and storing my personal information (including health and other sensitive information) (“My Information”) for the purposes of providing medical care, treatment and advice to me and for associated administrative purposes (including scheduling of appointments, billing and communicating with health insurers and government departments which pay health refunds) .

• I acknowledge that My Information may be shared with, and accessed by, relevant staff at Curatd Health and any other person involved in my health management that may need access to My Information to manage my health (including any third party that requires My Information to ensure continuity of care).

• I consent to the use of My Information by Curatd Health for quality improvement and practice management activities.

• I consent to Curatd Health’s National, State and Territory recall and reminder systems, which includes (but is not limited to) the use of my information for reminders for appointments and procedures relating to your health.

• I consent to Curatd Health contacting me via electronic communication (e.g.email, SMS and internet).

• I consent to Curatd Health sending my health documentation to me via my nominated email address (including but not limited to medical certificates, pathology requests etc.). I am aware that email is not a secure form of communication and files will not be encrypted.

• I agree to the Curatd Health Privacy Policy (https://www.curatdhealth.com.au/privacy-policy/) and the Curatd Health Terms and Conditions (see below).

• I consent to My Information being used by Curatd Health for internal teaching, training and/or research purposes.

• I consent to My Information being used or disclosed for Curatd Health to seek my consent to participate in research projects.

• ! give my consent for disclosure for research and quality assurance activities to improve individual, community health care and practice management. This may occur when Curatd Health incorporates patient health records into de-identifiable patient information to transfer to a third party, normally used for quality improvement projects.

Terms and Conditions

We” and “Curatd Health” refers to all clinics in the Curatd Health network (as part of Curatd Health Pty Ltd ABN 24 664 240 395).

You” refers to any user of the Services, in the capacity of a service provider (Provider), a customer of Curatd Health (Customer) or both.

You agree to use the Curatd Health Website, Curatd Health App and any other part of the Curatd Health system (Curatd Health System) under the following terms.

These Terms of Service (Terms) cover your use of our products and services offered via the Curatd Health Website or any other part of the Curatd Health System (Services). Please read them carefully as you agree to be bound by these Terms whenever you access or use our Services. If you do not agree to these Terms, you must stop using our Services.

User requirements

You must create a user account to use the Services (Account). In relation to your Account, you agree to:

• provide accurate, true and real details on any registration or account profile form;

• keep your account username and PIN confidential and secure; and

• maintain only one Account to access the Services.

Acceptable use policy

You agree that your use of the Services is subject to your compliance with the following requirements:

• you may not use your Account to impersonate any person;

• you may not use the Services or your Account in a fraudulent or illegal manner; and

• you may not intentionally or recklessly use the Services in a way that materially adversely impacts upon the performance of our Services for other users.

Payments

You understand that use of the Services and/or receiving services or products provided by Curatd Health at its clinics may result in charges to you for the services or goods you receive from Curatd Health (Clinic Services).

After you have received Clinic Services, Curatd Health will facilitate finalisation of any outstanding payments of the applicable charges for such Clinic Services. These charges will be inclusive of applicable taxes where required by law.

Curatd Health will use best endeavours to inform you of any charges that may apply, however charges will ultimately depend on the Clinic Services provided to you. You will be responsible for charges incurred under your account regardless of your awareness of such charges or the amounts thereof.

Any charges paid by you are final and non-refundable, unless otherwise determined by Curatd Health or required by the Australian Consumer Law.

All charges for Clinic Services are due immediately and payment will be facilitated by Curatd Health using the preferred payment method designated in your account, after which Curatd Health will send you a receipt electronically.

As between you and Curatd Health, we reserve the right to establish, remove and/or revise charges for any Clinic Services at any time in our sole discretion.

The current list of charges for Clinic Services can be accessed on the Curatd Health Website by searching for the relevant Curatd Health clinic.

Payment, Pricing and Refunds Policy for Curatd Health 

At Curatd Health, we strive to provide accessible and quality tele-health medical consultations to our patients. Please read this Payment, Pricing, and Refunds Policy carefully before booking a consultation with our medical practitioners.

Payment:

1. The only form of payment accepted for our medical consultation services is through our secure online payment gateway. We currently accept major credit cards and electronic fund transfers. Please note that we do not accept cash or checks.

Pricing:

1. The pricing for our medical consultation services is clearly displayed on our website. The fees are inclusive of any applicable taxes and fees.

2. We reserve the right to modify our pricing at any time, but any changes will not affect appointments that have already been booked. The pricing at the time of booking will be honoured for that particular appointment.

Refunds:

1. Curatd Health reserves the right to issue refunds at our discretion in accordance with consumer rights and guarantees under Australian Consumer Law.

2. Due to the nature of our tele-health medical consultations, refunds for completed consultations will be determined on a case-by-case basis. This is because our medical practitioners provide their time, expertise, and professional advice during the consultation, regardless of the outcome.

3. In the event of a technical issue or unforeseen circumstances that prevent the consultation from taking place as scheduled, we will make every effort to reschedule the appointment at no additional cost. If rescheduling is not possible or the patient chooses not to reschedule, a refund may be provided upon request.

4. If a patient has mistakenly booked multiple appointments for the same consultation, we will refund the duplicate payment(s) upon notification. Please note that this refund will be processed within a reasonable time frame.

5. Refunds, if applicable, will be issued through the original payment method used during the booking process.

6. Missed appointments without prior notification fall under our cancellation policy and refunds are subject to the terms within. 

Australian Consumer Law:

1. Our Payment, Pricing, and Refunds Policy is subject to the rights and guarantees conferred by the Australian Consumer Law.

2. Nothing in this policy is intended to exclude, restrict, or modify any rights that you may have under the Australian Consumer Law or any other applicable legislation.

Please be aware that while our medical practitioners have a duty of care to provide appropriate healthcare, any outcomes or prescriptions provided are at the discretion of the prescriber. The payment made by the patient is for the consultation itself, regardless of the specific outcomes or prescriptions that may result from it.

If you have any questions or concerns regarding our Payment, Pricing, and Refunds Policy, please contact our customer support team for assistance. We value your trust and aim to provide the best possible service to meet your healthcare needs.

Cancellation Policy for Curatd Health:

At Curatd Health, we understand that unforeseen circumstances may arise that require you to cancel or reschedule your tele-health medical consultation. We have established the following cancellation policy to ensure the smooth operation of our services.

1. Cancellation and Rescheduling: 

a. If you need to cancel or reschedule your appointment, please notify us at least 24 hours before the scheduled consultation time.

b. You can request a cancellation or rescheduling by contacting our customer support team at 1300 710 420 or at info@curatdhealth.com.au

c. We will make every effort to accommodate your request for rescheduling, subject to the availability of our medical practitioners.

d. Cancellations or rescheduling requests made within 24 hours before the scheduled consultation may be subject to a cancellation fee as outlined below.

2. Cancellation Fee’s 

a. For cancellations or rescheduling requests made within 24 hours before the scheduled consultation, a staggered cancellation fee will be applied based on the time of notification.

b. The cancellation fee structure is as follows:

• 0-4 hours before the consultation: 75% of the consultation fee.

• 5-12 hours before the consultation: 50% of the consultation fee.

• 1 to 24 hours before the consultation: 25% of the consultation fee.

The staggered cancellation fee is intended to compensate our medical practitioners for their time and ensure the availability of our services for other patients.

• If payment for the consultation has not been made yet, the cancellation fee will result in an outstanding balance that must be paid prior to booking future consultations.

3. Missed Appointments: 

a. If you fail to attend a scheduled consultation without prior notification, it will be considered a missed appointment.

b. For missed appointments, a fee of 100% of the consultation fee will be retained by Curatd Health.

c. If payment for the missed appointment has not been made yet, the missed appointment fee will result in an outstanding balance that must be paid prior to booking future consultations.

4. Outstanding Balance and Future Consultations:

a. In cases where a cancellation fee or missed appointment fee results in an outstanding balance, this balance must be settled before being able to book future consultations. 

b. Curatd Health reserves the right to withhold scheduling future consultations until any outstanding balance has been paid. 

c. Our clinic staff team will provide you with the necessary information and assistance to settle the outstanding balance.

5. Exceptions:

a. We understand that emergencies and exceptional circumstances may occur. In such cases, please contact our customer support team as soon as possible to discuss your situation. We will assess each case individually and make reasonable accommodations if warranted.

Please note that the staggered cancellation fee structure is designed to account for the time and availability of our medical practitioners. We appreciate your understanding and cooperation in adhering to this cancellation policy.

This policy is subject to the rights and guarantees provided by the Australian Consumer Law. If you have any questions or require further clarification regarding our cancellation policy, please contact our customer support team for assistance. We are committed to providing you with quality tele-health medical services and exceptional care.

Privacy

Our Privacy Policy applies to your use of the Services which can be accessed by the following link: https://www.curatdhealth.com.au/privacy-policy/

You warrant that you will comply with all applicable data privacy laws (including the Privacy Act 1988 (Cth)) in relation to your submission of any personal information to the Services.

Limitations of liability and disclaimer

Other than as expressly set out in these Terms, we make no express or implied warranties in relation to the Services provided.

The information contained in the Curatd Health System is general health information only and you must not rely on any content without first making independent enquiries to verify facts and the suitability of the content to your circumstances. Whilst we have made every attempt to ensure that the information contained is true and correct and has been obtained from reliable sources, Curatd Health is not responsible for any errors or omissions in this information (or for the results obtained from the use of this information).

All information contained in the Curatd Health System is provided on an “as is” basis, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information. All Information is provided without warranty of any kind, express or implied, including, but not limited to, warranties of performance, health and fitness or for a particular purpose.

The Services are provided “as is” and we do not warrant that they will be provided uninterrupted or error free.

You agree that we will not be liable in respect of any claim by you (whether arising in contract, tort, under statute or otherwise) for any direct, indirect, special, incidental, consequential damages or injury including loss of profits, revenue or data arising out of or in connection with the provision of Services, and whether as a result of any breach or negligence by us.

Our maximum liability under these Terms for all breaches and any negligence will not exceed the amount of fees actually paid by you to us during the last 12 months.

Anything in these Terms which limits or excludes any term, condition or warranty, express or implied, or our liability will apply to the extent permitted by applicable law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of these Terms where such exclusion, qualification or limitation would be prohibited by legislation.

Certain links in the Curatd Health System connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.

Curatd Health Self-Management features

The Curatd Health System includes features that allow you to manage your own healthcare (Self-Management Features).

You acknowledge and agree that:

• the use of these Self-Management Features is at your own risk;

• the Self-Management Features are only able to track information collected by CuratdHealth and if you are attending other healthcare providers any information relating to that healthcare provider will not be included in the Self-Management Features;

• the Self-Management Features are not intended to provide medical advice of any kind and Curatd Health makes no representations or warranties whatsoever in respect of the Self-Management Features;

• any actions you take based on the content, notifications, reminders or otherwise of the Self-Management Features are taken at your sole risk;

• you should always check any information provided through the Curatd Health App to ensure its accuracy; and

• you must always seek the advice of a professional for questions that relate to your disease, symptoms and treatment.

If you have or suspect you have a medical problem or condition, please contact a qualified healthcare provider immediately.

Indemnity

You indemnify us, our agents, officers, employees, and third-party service providers (Indemnified Parties) against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which any of the Indemnified Parties suffer or incur as a direct or indirect result of:

• any breach by you of any representation, warranty or term of these Terms;

• any infringement by you of the intellectual property rights of a third party arising from any data, information or content you provide to us in connection with the Services;

• any violation of law; and

• any legal proceedings threatened or initiated against us by a third party as a result ofthe events described in paragraphs (a), (b) and (c).

Termination

We may suspend or terminate your Account if you breach any of these Terms.

General

We may amend these Terms at any time. Such amendments will be effective as of the date they are posted on our Curatd Health App, Curatd Health Website or any other part of the Curatd Health System. By continuing to use or access the Services after the effective date of those amendments, you agree to be bound by them.

We may send you notices electronically from time to time regarding the use of the Services.

These Terms and any other terms and policies posted on the Curatd Health App, CuratdHealth Website or any other part of the Curatd Health System supersede all prior representations, arrangements, understandings, and agreements between the parties relating to the subject matter of these Terms and sets out the entire agreement between the parties relating to such subject matter.

A provision of or a right created under these Terms may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under these Terms will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in these Terms are cumulative with and not exclusive of any rights, powers or remedies provided independently of this agreement. If any provision of these Terms is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms to the intent that the invalid or unenforceable provision will be treated as severed from these Terms.

We may assign our rights and novate or transfer obligations which arise under these Terms. You may not assign your rights or novate or transfer obligations which arise under these Terms without our prior written consent.

These Terms are governed by the laws of the State of Queensland, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts located in the State of Queensland.

If you have any questions or would like to speak to us about any of these Terms, please use the “Contact Us” page on our website.

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