Terms and Conditions

TERMS OF USE

We, Azure Health Pty Ltd (ABN 11689622535), are responsible for the Azure Health platform, which is accessible via https://azurehealth.com.au/ (Platform).

The use of the Platform by any user (you) is subject to these Terms of Use (which may be varied at any time without notice to you). By using the Platform, you agree to these Terms of Use that govern your access to and use of the Platform. Your access to the Platform and / or the goods and services provided via the Platform may be suspended or terminated at any time, without notice to you.

If you consult with a clinician via the Platform, the clinician is solely responsible for the healthcare services they provide to you, including compliance with standards of care, record keeping and other professional obligations. The Clinic is not a party to the health professional-patient relationship between you and a clinician and is in no way involved in, or liable for, any services provided by a clinician to you.

1. WHO WE ARE

The Azure Health Platform has been established to connect patients with clinicians and improve quality of life with seamless, professional digital healthcare.

2. PLATFORM

2.1 OVERVIEW

The Platform is a secure online digital healthcare platform that provides affordable and convenient health services to Australians, including by:

  • facilitating telehealth and video consultations with independent Australian-registered clinicians who are authorised to prescribe medicinal cannabis products (Partner Clinician); and
  • where clinically appropriate and after a digital or telehealth consultation with a Partner Clinician, facilitating access to online prescriptions, including the delivery of certain medications.
2.2 REGISTRATION AND USE

To access the website, you will need to be registered. Once registered, we grant you the right to access and use the website in accordance with the relevant access level.

The right to use the website is non-exclusive, non-transferable, and limited by and subject to, these Terms. When you register and activate your account, you will provide us with personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. When you register and activate your account, you will provide us with your email address, which functions as your username and you will create your own password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

To create an account, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us;
  • agree and warrant to use the website in accordance with these Terms.

3. YOUR USE OF THE PLATFORM

3.1 ACCEPTANCE OF THESE TERMS OF USE

Your use of the Platform is subject to these Terms of Use. These Terms of Use contain important information, including warranty disclaimers and limitations of liability. Please read these Terms of Use carefully before accessing or using the Platform.

Your use of the Platform in any way, including, without limitation, browsing the Platform, using any information contained on the Platform, and/or purchasing any good or service on the Platform, constitutes acceptance of these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all of the terms of these Terms of Use, then you may not access or use the Platform.

The Clinic reserves the right to update, vary or replace any part of these Terms of Use at any time by publishing a revised version of the Terms of Use on the Platform. Any new features or tools which are added to the Platform shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.

3.2 APPROPRIATE USE OF THE PLATFORM

You must only use the Platform, including any third-party platforms contained therein, for the purposes described in these Terms of Use. You must not use or attempt to use the Platform:

  • for any unlawful purpose or in any way that may breach any law or regulation;
  • to solicit others to perform or participate in unlawful acts;
  • for any commercial purpose;
  • to submit, provide or upload false or misleading information or information that may be false or misleading;
  • to corrupt, damage or interfere with the Platform, including any third-party platforms contained therein, or any third-party data, software, hardware, website or information technology systems;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to send, provide or upload any offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information or information that infringes the rights of the Clinic, or any Partner Clinician's right or third party rights;
  • to adversely affect the reputation or public image of the Clinic, or any Partner Clinician;
  • to cause annoyance or inconvenience to the Clinic, any Partner Clinician or any third party; or
  • to obtain any good or service available on the Platform for someone other than you.

You acknowledge that your use of the Platform (including any third party platforms contained therein) and, to the extent that you have a personal account on the Platform (Personal Account), your Personal Account, may be terminated at any time if the Clinic reasonably believes that you have breached these Terms of Use.

Without limiting the above, the Clinic reserves the right, in its sole discretion, to do any of the following without notice to you:

  • suspend or block your access to the Platform or part of the Platform;
  • limit or prohibit you from using your Personal Account;
  • remove any material you send, provide or upload to the Platform; or
  • refuse to provide or supply you with any good or service available on the Platform.
3.3 INDEMNITY

You agree to indemnify, defend and hold harmless the Clinic, and each of their respective related entities, directors, officers, partners, employees, contractors, affiliates, suppliers, service providers and licensors (including the Partner Clinicians) from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of:

  • your use of the Platform;
  • your breach of these Terms of Use or the documents they incorporate by reference; or
  • your violation of any law or the rights of a third party.

4. INFORMATION YOU NEED TO KNOW

4.1 EMERGENCIES

The goods and services available on the Platform are not suitable for use in emergency circumstances. If you are in an emergency situation or need urgent and immediate assistance, please contact 000 or your local hospital emergency department.

4.2 DISCLAIMER

Unless provided directly to you by a Partner Clinician, the information and content on the Platform is general and is provided for information purposes only. It:

  • is not, and is not intended in any way to be, or a substitute for, advice, such as professional medical advice including professional medical advice provided by Partner Clinicians during a telehealth consultation facilitated via the Platform; and
  • should not replace a qualified health practitioner's independent judgment about the appropriateness or risks of a treatment or use of a particular product or service.

You should seek the professional advice of your usual General Practitioner (GP) with any questions you have regarding any medical conditions and/or the suitability of any products or services, including any products or services offered through the Platform. Never disregard professional advice given by a qualified GP or delay in seeking it because of the general information you have read on the Platform. You and your GP (including any Partner Clinician you consult with) are exclusively responsible for any patient management and care decisions made with respect to using any product or service offered on the Platform, and any consequences of such decisions.

Partner Clinicians are independent of the Clinic. If you consult with a Partner Clinician, the Partner Clinician is solely responsible for the healthcare services they provide to you, including compliance with standards of care, record keeping and other professional obligations. The Clinic is not a party to the health professional-patient relationship between you and a Partner Clinician, and is not in any way involved in, or liable for, any services provided by a Partner Clinician to you.

In some cases, the content on the Platform may incorporate or summarise views, guidelines or recommendations of third parties. Such content does not necessarily reflect the views of the Clinic, nor does it necessarily indicate a commitment by the Clinic to a particular course of action. Your reliance on any information provided on the Platform is solely at your own risk.

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law)), the Clinic does not give any express or implied warranties, or make any representations in relation to the Platform. In particular, while reasonable care is taken in its preparation, the Clinic does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on the Platform or its usefulness in achieving any purpose. You accept that content on the Platform may include technical inaccuracies and typographical errors. Information on the Platform should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided.

In addition, subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), the Clinic does not warrant that the Platform is free from any computer viruses or other defects or that your access to the Platform will be continuous or uninterrupted. The Clinic accepts no liability arising from your access to the Platform.

4.3 LIMITATION OF LIABILITY

The Platform comes with non-excludable warranties and guarantees under consumer protection legislation, such as that the Platform will be provided with due care and skill and be reasonably fit for its usual purpose.

Subject to the above and to the extent permissible by law, the Clinic and their respective directors, officers, partners, employees, contractors, affiliates, suppliers, service providers and licensors (including the Partner Clinicians):

  • accept no liability arising from the content on the Platform, or on websites linked from the Platform, being incorrect, incomplete or misleading; and
  • will not be liable for any loss, damage, cost or expense incurred or arising by reason of any person relying on the content that appears on the Platform.

5. YOUR PERSONAL ACCOUNT

5.1 ELIGIBILITY FOR A PERSONAL ACCOUNT

To be eligible to create a Personal Account and access that Personal Account, you must be, as a minimum:

  • Be over 18 years of age.
  • Residing in Australia (i.e, have a current Australian address); and
  • Planning to access the goods and services provided on the Platform within Australia.
  • If creating an account on behalf of a minor (under 18 years of age), be a parent, guardian or legal representative of the minor.

The Clinic has the sole right to determine your eligibility to create and maintain a Personal Account and to access the Platform or any part(s) of the Platform.

You must provide true, accurate and complete information when registering for and using your Personal Account and must ensure that such information is current and up to date at all times. When obtaining products or services through the Platform, you must not omit any information that is relevant to the products or services you are obtaining.

During the registration process, you will be required to upload an ID confirming your age. You will also be required to upload an ID for your minor and documentation to confirm that you are the parent, guardian or legal representative for the minor (if applicable).

5.2 YOUR RESPONSIBILITY FOR YOUR PERSONAL ACCOUNT

If you choose to create a Personal Account, you are entirely responsible for your log in details and password and must not share these with any third party. From time to time, you may be required to re-authenticate yourself or update information in relation to your Personal Account or your security credentials.

The Clinic is entitled to assume that you are the user whenever your security credentials are used to access a Personal Account. You must notify the Clinic’s support team immediately of any known or suspected unauthorised use(s) of your Personal Account, or any known or suspected breach of security, including but not limited to unauthorised access to the Platform or loss, theft or unauthorised disclosure of your password. You are responsible for all usage or activity on the Platform.

5.3 CLOSING YOUR PERSONAL ACCOUNT

If you would like to close your Personal Account, please access the “My Profile” section of the Platform and select “Delete Account”. If you request that your Personal Account be closed, in compliance with legal and regulatory obligations, all patient medical data is securely retained for 7 years from the date of the last service provided, and for minors, until a young person turns 25.

Following the mandatory retention periods, we de-identify all patient information by separating it from any personal identifiers. This de-identified data is then securely stored and may be used for internal research, government bodies or external academic studies. Research data for minors will also be retained for 15 years after they turn 18.

6. GOODS AND SERVICES ON THE PLATFORM

6.1 CONSULTATIONS

It is recommended that you first book a discovery call with our clinical staff, which will help determine whether you are eligible for a treatment plan using alternative medicine. If you are deemed to be eligible from the initial screening, you will be able to request a telehealth consultation with a Partner Clinician. If you are deemed ineligible for an alternative medicine treatment plan, you may still schedule a telehealth appointment to discuss how we can support you with complementary care. You must complete your Patient Profile before attending your telehealth consultation.

6.2 RESEARCH DATA

Your personal and health data may be supplied to third-party entities, including academic institutions and government bodies, as a collective, de-identified health dataset pertaining to patient records. Information that could identify you such as your name and email address, will not be provided in the de-identified health dataset. We will only supply the de-identified health datasets to third party entities if:

  • The primary objective is for medical research purposes;
  • We are satisfied privacy and confidentiality requirements (including any requirements under the Privacy Act 1988 (Cth)) have been satisfied; and
  • The research has been approved by a Human Research Ethics Committee, or you have expressly given your approval for the information to be accessed, used or disclosed for such research purposes.

These third-party entities may leverage the de-identified datasets for their operational needs. If you do not wish for your personal and health data to be included in the de-identified dataset, please reach out to us using the contact information at the end of this policy and provide us with your full name, date of birth, and address. Opting out will not affect your usual care or access to services.

6.3 CLINICAL TRIALS

The Clinic may conduct or collaborate on approved clinical trials in Australia and make these available through the Platform. From time to time, eligible patients may be offered the opportunity to participate in a specific clinical trial or research project. Participation is entirely voluntary, subject to separate informed consent, and declining will not affect your usual care or access to services.

You acknowledge that a Partner Clinician may, in their absolute discretion, refuse to prescribe medication to you, issue you a prescription and / or provide any other services or referrals requested by you. Any such refusal by a Partner Clinician is not grounds for a refund.

The Clinic does not guarantee that a telehealth consultation with a Partner Clinician is the appropriate course of treatment for your particular healthcare condition. The Partner Clinician that you consult with will be solely responsible for determining:

  • whether or not a telehealth consultation is appropriate for you;
  • whether or not to provide the medical and/or health services you request; and
  • what health services (if any) are required.

You should contact your regular GP immediately if your medical condition changes or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You agree that, if you suffer from any noticeable side-effects from any medication or treatment you receive, you will contact Azure Health to facilitate a further consultation with a Partner Clinician.

If you request a consultation with a particular Partner Clinician, or request not to consult with a particular Partner Clinician, we will make reasonable efforts to accommodate your request. However, we cannot guarantee that this will always be possible due to scheduling and availability.

You agree you will not record phone or video consultations unless you receive explicit written consent from the Partner Clinician prior to commencing any such recording.

6.4 COLLECTION AND DELIVERY OF MEDICATION

The Clinic is not a pharmacy and does not dispense any medication.

If your Partner Clinician considers it is clinically appropriate to prescribe medication to you following a telehealth consultation, you may elect to:

  • have an electronic prescription sent directly to you by email and / or SMS; or
  • depending on the medication prescribed to you, have the electronic prescription sent to a pharmacy and the medication delivered to your nominated shipping address (Shipping Address).

If you elect to have the electronic prescription sent directly to you by email and / or SMS, you may attend a pharmacy of your choice to collect the medication that has been prescribed to you. The Clinic will not be involved, in any way, with the collection by you of such medication.

If you elect to have the electronic prescription sent to a pharmacy and the prescribed medication delivered to your Shipping Address, then you agree to:

  • The applicable pharmacy contacting you for the purpose of confirming details related to your prescription and obtaining all information it requires to dispense the prescribed medication to you; and
    • the applicable party responsible for transporting the medication from the pharmacy to your Shipping Address (which may be the Clinic or a third party) (Delivery Partner) contacting you to confirm delivery details, including the method of delivery and your Shipping Address;
  • You will be provided with an estimated delivery timeframe. You acknowledge that this is an estimate only and based on the assumption that the pharmacy has all the information it requires to be able to dispense the prescribed medication to you and the Delivery Partner has all the information it requires to deliver the prescribed medication to you. Without limitation, if the pharmacy or Delivery Partner does not have all the information it requires to dispense or deliver the prescribed medication to you (as applicable), then a different delivery time may apply;
  • You are responsible for ensuring that you have appropriate arrangements in place to accept delivery of your medication. The Clinic is not responsible for actions of a Delivery Partner, including:
    • the failure of a Delivery Partner to deliver medicines to the correct address;
    • the method of delivery used by any Delivery Partner; or
    • failure by a Delivery Partner to deliver medicines within any particular timeframe.
  • If the Shipping Address you provide is incorrect, you may be asked to provide a correct address. If you are unable to provide a correct address, your order may be cancelled;
  • If your order is cancelled after your medication has been dispensed from the pharmacy, you will be charged for the medication and you will not be able to obtain a refund; and
  • In the event your medication appears to be damaged or wrongly dispensed or your delivery is delayed, you should contact the Clinic’s support through the Platform to seek advice or replacement medication.

You acknowledge that a pharmacy may, in its absolute discretion, reject your prescription and refuse to dispense medication to you for any reason. You acknowledge that the Clinic is not, in any way, involved in or responsible for the decision to dispense medication to you.

6.5 USAGE OF MEDICATION

If a Partner Clinician prescribes any medication, you must carefully read all information provided to you in relation to that medication (including information provided on the product packaging, patient information supplied with the medication, online material provided through the Platform (including by a Partner Clinician or a pharmacy) and the manufacturer’s consumer medical information leaflet).

You must follow any advice provided to you by a Partner Clinician you consult with and/or pharmacy in relation to taking any medication prescribed to you.

If you experience any serious side effects from any medication, you should seek emergency medical care immediately.

7. PRICE AND PAYMENT

7.1 PAYMENT

All charges and prices as shown are in Australian Dollars and are inclusive of GST (if applicable). Funds will only be debited against your nominated account as authorised in these Terms.

The amount payable by you for goods and services available on the Platform will be notified to you following your Telehealth Consultation.

Payment may be made online by credit card or debit card. You are required to provide payment details at the time you request a telehealth consultation on the Platform.

For each successful payment, the Clinic will send you a receipt confirming payment to the email address you have provided.

The Clinic may, in its sole discretion, vary the fees and payment terms applying to the goods and services available on the Platform at any time. Any change to the fees or payment terms will be immediately effective upon the publication of that change on the Platform and will apply to the goods and services requested by you following that change. If you have booked or paid for goods or services prior to a change in fees or payment terms being published on the Platform, but have not received the goods or services prior to that change taking effect, you will be charged the rate that applied to the applicable goods or services at the time you booked or paid for them.

7.2 THIRD PARTY PAYERS

Services provided by Partner Clinicians through the Platform might be covered under Medicare Australia, meaning that a Medicare rebate might be available. If so, you will be notified of this during your appointment.

If you are eligible to claim private health insurance benefits for any goods or services you receive, you are responsible for submitting the paid invoice to your insurer to claim any eligible benefits.

7.3 REFUNDS

Refunds for telehealth consultations that have already taken place are at the sole discretion of the Partner Clinician.

Subject to rights that cannot be waived under Australian Consumer Law, the cost of any medication that you choose to have dispensed (and delivered) to you through the Platform can only be refunded when:

  • you let the Clinic know that you would like to cancel your delivery and the medication has not yet been dispensed by the applicable pharmacy;
  • the pharmacy is unable to dispense your medication; or
  • a product or pricing error is identified (and only to the extent that the error has caused you to be charged more than you ought to have been charged).

Refunds are not permitted by the pharmacy for medication once it has been dispensed.

Refunds can only be made back to the payment method or credit card used for the original charge. Refunds may take up to three working days to be processed and appear in your card statement. More information on the refund can be found in the Fees, Cancellation, Refund and Return Policy.

7.4 GST

In this clause 8.4:

  • terms or expressions which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning as in the GST Act; and
  • any reference to a party includes the representative member of a GST group of which that party is a member.

Unless otherwise expressly stated, all consideration to be paid or provided under these Terms of Use is expressed exclusive of GST. If GST is payable on any supply made under these Terms of Use, the recipient must pay to the supplier an additional amount (GST Amount) equal to the GST payable on that supply at the same time as the consideration for the supply is to be paid or provided, except to the extent that:

  • the consideration for the supply is stated to include GST; or
  • GST on the supply is reverse charged and payable by the recipient.

The recipient need not pay the GST amount until they have received a tax invoice or adjustment note, as the case may be. If an adjustment event arises in relation to a supply made under these Terms, the GST Amount must be adjusted to reflect that adjustment event. A corresponding payment must be made by the supplier to the recipient or by the recipient to the supplier, as the case may be.

If these Terms of Use require an amount to be calculated by reference to another amount (Reference Amount) that will be:

  • received for a taxable supply; or
  • paid for a creditable acquisition,

then the Reference Amount must be reduced so as to exclude any part of the Reference Amount paid or received on account of GST, as the case may be.

If these Terms of Use require a party to reimburse or indemnify another party for a cost or expense, the amount of the cost or expense must be reduced by an amount equal to any input tax credit to which the party being reimbursed or indemnified is entitled for that cost or expense.

8. CONTENT ON THE PLATFORM

8.1 INTELLECTUAL PROPERTY

The content on the Platform, including but not limited to text, graphics, logos, photographs and images is the property of the Clinic or its content suppliers and is protected by copyright law. The compilation of all such content is the exclusive property of the Clinic and protected by copyright law.

Except to the extent expressly stated in these Terms of Use, using the Platform does not give you any rights, title, interest or ownership in any intellectual property rights (including copyright) and proprietary rights to any content on the Platform or any trademarks, logos or other proprietary graphics of the Clinic.

8.2 YOUR USE OF CONTENT ON THE PLATFORM

Subject to your acceptance of these Terms of Use, the Clinic authorises you to view, download and/or print a small number of copies of the content on the Platform for your personal, non-commercial use. Otherwise, no content on the Platform may be reproduced, modified, republished, transmitted, displayed, performed, or distributed in any way without the express prior written consent of the Clinic or as permitted by law. You may not modify, sell, assign, or transfer the content of the Platform or reproduce, display, distribute or otherwise use the content of the Platform in any way for any public or commercial purpose or otherwise except as expressly permitted in these Terms of Use. Content on the Platform is subject to change without notice at the discretion of the Clinic.

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of the part of the Platform which is accessible via a website so long as the link does not portray the Clinic, or any Partner Clinician or the functions and activities of the Clinic in a false, misleading, derogatory or otherwise offensive manner. If requested by the Clinic, you must remove any such hyperlink contained on the forum to which you have provided the hyperlink.

9. THIRD PARTY CONTENT

9.1 THIRD PARTY LINKS

The Platform may include links to websites owned by other parties. These links may be represented in different ways, including as a standalone hyperlink and as content from the website owned by other parties which, if clicked, may direct you to the website owned by other parties.

The Clinic is not:

  • responsible for the material contained on these websites or the availability of these websites;
  • endorsing or responsible or liable for any content, including advertising or products offered on these websites; or
  • responsible for any damage, offence or loss caused as the result of visiting these websites;
  • liable for any reliance or weight given to third party links when considering whether to purchase a good or service available on the Platform.

The Clinic recommends that before you visit any website, you check that your computer is running up-to-date virus checking software.

By accepting these Terms of Use, you agree that you will not breach any right of a third party, including but not limited to contractual, copyright, trademark and privacy rights.

9.2 CONTENT ON THIRD PARTY SITES

When you use the Clinic’s social media pages, you are using an external website and are bound by the terms and conditions of use of that website. We encourage you to review the terms and conditions of the relevant social media websites.

10. YOUR CONTENT

Any material you provide, submit or send to, or via, the Platform will be deemed to be non-confidential and non-proprietary, unless it is indicated otherwise. This includes any data, questions, comments, suggestions, ideas or other information, but does not include your personal (including sensitive or health) information which you provide in order to create or access a Personal Account or to a Partner Clinician in the direct course of obtaining goods and services available on the Platform. The Clinic may use any material provided, submitted or sent to, or via, the Platform which has not been indicated as being confidential or proprietary for any purpose without compensation to you.

Such material may also be transferred (in an encrypted form) over various networks and/or changed to confirm and adapt to technical requirements of connecting networks or devices. If you provide any payment information, this information will be tokenised by a third party so that tokens are only ever received when payments occur.

11. PRIVACY

Your personal (including sensitive and health) information will be collected by the Clinic, including if you choose to create a Personal Account, make an order for any goods or services from the Platform. Our Privacy Policy, explains how the Clinic handles your personal (including sensitive and health) information. The Privacy Policy also includes information about how you can:

  • seek to access and/or correct your personal information the Clinic holds about you; and
  • submit a privacy query or complaint to the Clinic and how the Clinic will deal with your complaint.

By using the Platform, you agree that the Clinic can use your personal (including sensitive and health) information in accordance with its Privacy Policy.

12. COOKIES

If your web browser is set up to accept cookies, a cookie may be stored on your hard drive when you visit the Platform. Cookies allow the Clinic to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to the Platform. The Clinic uses cookies to track and collect information about which parts of the Platform (including links to other websites) are being visited by you. Cookies also allow the Clinic to recognise your computer while you are accessing the Platform. This information is used to maintain the quality of the Platform and to provide tracking and statistics regarding the use of the Platform.

If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of the Platform.

13. GOVERNING LAW

These Terms of Use are governed by and must be construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Use, its performance or subject matter.

14. CONTACT DETAILS

Questions about these Terms of Use should be sent to support@azurehealth.com.au marked Attention: Regulatory, Subject: Terms and Conditions.