Terms and conditions

Parties

CLINICLANE PTY LTD (ACN 701 049 425, ABN 77 701 049 425) trading as Doccio ("Doccio", "We", "Us", "Our")

AND

THE PATIENT (the person who books a Consult, requests a Service, or uses our Website) ("the Patient", "You", "Your").

1. About these terms

Doccio is an Australian online clinic that connects eligible patients with Doctors for telehealth Consults, medical certificates, prescriptions, referrals and pathology or imaging requests. These terms and conditions (the "Agreement") apply to all persons who use our Website and/or who request Services from Doccio.

Before a Consult, You should ensure:

• You have prepared any questions You may have for the Doctor;
• Your Device is charged and has a working camera and microphone where a video Consult is required;
• You have sufficient internet or mobile coverage to attend the Consult;
• You are in a comfortable, quiet and private place with sufficient lighting; and
• You have photo identification available if asked to confirm Your identity.

2. Definitions

"Account" means Your account with Us, including the details You provide when making a request;

"Agreement" means these terms and conditions as amended from time to time;

"Commencement Date" means the date You first request a Service or accept this Agreement, whichever is earlier;

"Consult" means any telehealth consultation (by video, phone or asynchronous written request reviewed by a Doctor) provided through Doccio;

"Device" means the phone, tablet or computer You use to access the Services;

"Doctor" means an Ahpra-registered medical practitioner who provides a Consult or Service to You through Doccio, whether engaged by Us as an employee or as an independent contractor;

"Document" means any medical certificate, prescription (eScript), referral letter or pathology or imaging request form issued by a Doctor;

"Fees" means the fees payable by You for a Service, as displayed on our Pricing page and at the time of booking;

"Force Majeure" means any event outside Our reasonable control that delays or prevents the provision of the Services, including pandemic, epidemic, natural disaster, war, terrorism, inclement weather, illness, death, and information technology or telecommunications failures;

"Medical History" means the medical information provided by You before or during a Consult, from which the Doctor derives the information needed to consider appropriate care for You;

"Platform" means the Doccio website, request forms, consultation links and any patient portal We may provide;

"Service" means any service requested by You from Doccio, including Consults and Documents;

"Third Party Provider" means any third party involved in providing Services to You, including pharmacies, pathology and imaging providers, specialists, payment processors and telecommunications providers;

"Website" means the Doccio website at doccio.com.au and any related sub-domains;

"You" means the Patient or, where the Patient is a minor, a parent or legal guardian of the Patient.

3. The services

3.1 Doccio agrees to provide the Services to the Patient within Australia. Services are available only to patients physically located in Australia at the time of the Consult.

3.2 The Services We offer may be amended from time to time with notice to You. Amended Services may attract different Fees, which will be displayed before You book.

3.3 Doccio's role is to operate the Platform, arrange the Consult and support the Doctor. The clinical relationship is between You and the Doctor.

3.4 Requesting a Service after You have been provided with these conditions means You agree to this Agreement and accept the Fees.

3.5 We reserve the right to decline Services or close Your Account at Our discretion, acting reasonably, including where telehealth is not clinically appropriate for You.

3.6 Our Services are private-billed. Doccio cannot guarantee eligibility for Medicare or other health rebates, and any rebate is Your responsibility.

3.7 You acknowledge that all Documents are issued at the sole clinical discretion of the Doctor. Payment of a Fee is for the Doctor's assessment, not for a guaranteed outcome.

4. Your account

4.1 Opening an Account

By providing Your details to make a request, You accept this Agreement. If We determine for any reason that We do not wish to provide You with an Account or Service, We will refund any monies paid for Services not yet provided and this Agreement will end.

4.2 Security

• You must not allow third parties to access Your Account or share any login credentials or consult links.
• You are responsible for all activity that occurs through Your Account. Any person You allow to use Your Account is deemed to have Your authority.
• You agree to notify Us immediately of any unauthorised use of Your Account.
• We are not responsible for losses arising from unauthorised use of Your Account.

4.3 Eligibility

You must be at least eighteen (18) years of age to hold an Account. A parent or legal guardian may request Services on behalf of a minor and is bound by this Agreement in doing so.

4.4 Account information

You warrant that all information You provide is current, complete and accurate, and You must keep it up to date. You must not make requests under a false identity. You agree that We may store and use Your information in accordance with Our Privacy Policy, which forms part of this Agreement.

5. The platform

5.1 Availability

You acknowledge and agree that:

• the Platform is provided on an "as is" and "as available" basis;
• the availability of web-based services is not guaranteed;
• We are not responsible for limitations of the internet or Your internet service provider;
• We are not liable for loss or damage where a communication is not delivered in a timely fashion due to internet, mobile network or Device incompatibility issues;
• We cannot guarantee a timeframe for restoration of any service that fails; and
• We are not liable for loss you suffer as a result of using the internet to send or receive data that may contain viruses or other harmful software.

5.2 Support

Support for using the Platform is available by email at hello@doccio.com.au. Support relates to the Platform only and is not a channel for urgent medical advice.

5.3 Third-party materials

We may link to third-party websites. We are not responsible for examining or evaluating the content or accuracy of third-party information, and You release Us from liability arising from third-party services or websites.

5.4 Intellectual property in the Platform

Doccio owns or licenses all intellectual property rights in the Platform and Website (including text, graphics, logos, icons, video and software). You may not, without Our prior written permission, reproduce, copy, adapt, distribute, display, publish, create derivative works from, commercialise or on-sell any part of the Website or Platform. We may change, suspend or remove any part of the Platform at any time without notice.

5.5 Licence

Subject to this Agreement, We grant You a non-transferable, non-exclusive, revocable licence to access and use the Platform for Your personal, non-commercial use. This licence ends when this Agreement ends.

5.6 Acknowledgements

You acknowledge that complex software is never wholly free from defects or security vulnerabilities and, subject to the other provisions of this Agreement and Your rights under the Australian Consumer Law, We give no warranty that the Platform will be error-free or entirely secure, or compatible with every Device.

5.7 Harmful software

We use reasonable endeavours to keep the Platform and Our communications free of viruses but cannot guarantee this; You should maintain up-to-date protection on Your Device. You must not introduce or distribute any harmful or malicious software.

6. Patient obligations

6.1 You must communicate with the Doctor only through the Platform and the method of communication provided for Your Consult.

6.2 You must provide honest, complete and current information about Your health, medications, allergies and circumstances so the Doctor can determine whether a Service is safe and suitable for You.

6.3 You must respond to Our queries in a timely manner.

6.4 You must act in a reasonable and respectful manner towards Us, the Doctors, and Our staff and agents at all times.

6.5 You must not request a Document for a purpose You know to be false, or seek to alter any Document issued to You. Altering a medical certificate may be a criminal offence.

7. Payment, cancellations and refunds

7.1 Fees are displayed on our Pricing page and again before You confirm a request. Fees are charged at the time of booking. Consults requested outside standard hours may attract an after-hours Fee, which will be shown before You confirm.

7.2 Fees will not be refunded where the Doctor who provides the Consult is not a particular Doctor You requested.

7.3 Any concerns relating to a charge should be raised with Us within seven (7) days.

7.4 Rebates: any Medicare, private health or other rebates are Your responsibility.

7.5 GST: Fees are displayed in Australian dollars and are inclusive of any applicable GST.

7.6 Refund policy

• Declined requests. If a Doctor reviews Your request and determines that a Document cannot be safely or appropriately issued, We will refund the Fee in full, unless the Doctor has provided a Consult of equivalent value or the request was made with false information.
• Cancellations. Consult bookings may be cancelled or rescheduled free of charge with at least 24 hours' notice. Missed Consults or cancellations with less than 24 hours' notice may incur a cancellation fee equal to the Consult Fee.
• Referrals and scripts. Where a Consult takes place and the clinical outcome is a referral, or a particular medication is not prescribed, the Consult Fee is for the Doctor's time and assessment and is not refundable.
• Misconduct. There will be no refund where this Agreement is terminated by Doccio due to Your misconduct.
• Nothing in this clause limits Your rights under the Australian Consumer Law.

8. Medical certificates

8.1 A medical certificate is a legal document issued only where, in the Doctor's clinical judgement, it is appropriate to do so after assessing You. The Doctor may decline to issue a certificate, limit the period it covers, or require a video or phone Consult before deciding.

8.2 Certificates are generally issued for the day of the Consult onward. Backdated certificates are provided only at the Doctor's discretion and in accordance with Ahpra and professional guidance.

8.3 Doccio makes no representation that any employer, educational institution or other third party will accept a certificate. Acceptance is a matter for that third party and its policies.

8.4 Our certificate verification tool allows a third party who holds a certificate ID to confirm that the certificate is genuine and the dates it covers. It does not disclose any clinical information.

9. Prescriptions, referrals and requests

9.1 eScripts. Prescriptions are issued as electronic prescriptions (eScripts). The eScript token is sent to the mobile number or email You provide, and You may have it dispensed at any Australian pharmacy of Your choice. Doccio does not sell, dispense or deliver medicines.

9.2 Dispensing, pricing and supply of any medicine are matters between You and the pharmacy, and are subject to that pharmacy's terms and applicable law. Doccio is not responsible for pharmacy stock, pricing, delays or dispensing decisions.

9.3 Doctors prescribe in accordance with the law, the Therapeutic Goods Administration and professional standards. Certain medicines, including Schedule 8 (controlled) medicines and medicines of dependence, cannot be prescribed through Doccio. Doctors may decline to prescribe any medicine.

9.4 Referrals and requests. Referral letters and pathology or imaging request forms are issued only where clinically appropriate. Doccio does not guarantee that a specialist, pathology or imaging provider will accept a referral or request, or the cost, availability or timing of that third-party service.

9.5 You are responsible for checking the content of any Document issued to You and notifying Us promptly of any error.

9.6 Partner healthcare organisations. Where a Doctor refers You to another healthcare organisation, that organisation provides its own services independently of Doccio. A referral does not make that organisation part of Doccio, and does not make Doccio responsible for its clinical decisions, fees, conduct or outcomes. You may choose another suitable provider, and any referral remains subject to the Doctor's clinical judgement. Fees, Medicare rebate eligibility, availability and wait times are set and confirmed by that organisation, not by Doccio. We may have a financial interest in, or receive another benefit from, an arrangement with that organisation, and this clause acts as disclosure of that interest or benefit. Nothing in these terms excludes rights or responsibilities that cannot lawfully be excluded, including under the Australian Consumer Law.

10. Telehealth limits and emergencies

10.1 Telehealth is not suitable for every condition. Where a Doctor considers that You need to be examined in person, You will be advised to see a local doctor, urgent care clinic or emergency department.

10.2 Doccio is not an emergency service. If You or someone else is in danger or experiencing a medical emergency, call 000 immediately. For urgent, non-emergency advice you can call Healthdirect on 1800 022 222.

10.3 Doccio does not replace Your regular GP. We encourage You to keep a regular GP and, with Your consent, will share a summary of Your Consult with them.

11. Service delivery and no guarantees

11.1 We will endeavour at all times, wherever reasonably practicable, to ensure the Services are provided as described, and to notify You as soon as possible if We expect a delay.

11.2 Force Majeure: You agree that We will not be liable for any costs or delays arising from Third Party Providers or events outside Our control.

11.3 No guarantees:

• there is no guarantee You will see any particular Doctor;
• We cannot guarantee that a Doctor will agree to provide any Document or Service if they are not satisfied that it is clinically appropriate;
• We cannot guarantee the Platform will be available at all times; and
• published response times are estimates and We cannot guarantee Consults will occur at a particular time.

12. Term and termination

12.1 This Agreement commences when You first request a Service or otherwise accept it, and continues until terminated by either party.

12.2 You will be deemed to have accepted this Agreement if You request or book any Service, pay any Fee, or otherwise communicate with Us in relation to the Services.

12.3 We may terminate this Agreement at any time should You act in an angry, aggressive, abusive or threatening manner.

12.4 Your obligation to pay monies owed under this Agreement survives termination.

12.5 We may, acting reasonably, terminate this Agreement or suspend Services without notice and without liability if:

• there is a threat or risk to the safety or security of Our Doctors, staff or agents;
• You are found to have committed fraud or dishonesty, including providing false information;
• You request that Doccio or a Doctor undertake an illegal act, or act contrary to professional or regulatory standards; or
• You persistently misuse the Platform or Services.

13. Dispute resolution

13.1 We are always interested in resolving disputes amicably and efficiently. Most concerns can be resolved promptly by emailing hello@doccio.com.au. Efforts to informally resolve any dispute must be exhausted before any formal proceedings are initiated.

13.2 If informal resolution is unsuccessful, a party intending to commence proceedings must first send the other a written Notice of Dispute. The parties will then attempt in good faith to resolve the dispute by mediation before commencing proceedings, other than proceedings in a small claims court or tribunal or for urgent interlocutory relief.

13.3 Complaints about a Doctor's conduct or care may also be made to the health complaints body in Your state or territory (in New South Wales, the Health Care Complaints Commission) or to Ahpra. Complaints about privacy are handled under Our Privacy Policy.

13.4 All aspects of any mediation, and any resolution reached, will be confidential.

14. Intellectual property

All materials, content, documents and systems prepared or developed by Doccio in the performance of this Agreement (other than Your personal health record) remain the absolute property of Doccio and may not be shared with third parties without Our consent. This does not restrict You from using and sharing Documents issued to You for their intended purpose.

15. Eligibility

The Services are available only to persons aged 18 or over (or a minor through their parent or guardian) who are located in Australia at the time of the Consult and for whom the Doctor considers telehealth appropriate. Failure to disclose, or to accurately provide, this information is Your responsibility and not Doccio's.

16. Service and medical responsibility

• The duty of care owed by the Doctor commences at the start of the Consult and ends upon completion of the Consult and delivery of any Document arising from it, subject to any follow-up the Doctor expressly arranges.
• Medical concerns that arise outside the Consult should be directed to Your regular GP, Healthdirect, or the appropriate emergency service.
• To the extent permitted by law, You release Doccio and the Doctor from liability for medical care sought or provided outside the Consult.

17. Liability

17.1 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on You by the Australian Consumer Law or any other law that cannot be excluded.

17.2 Subject to 17.1, Doccio accepts no responsibility for any loss, damage or expense (including economic loss, personal injury, or damage to property) arising out of or in connection with the Services, except to the extent caused by the negligent or intentional act or omission of Doccio, its officers or employees.

17.3 In entering into this Agreement, You have not relied upon any warranty or representation about the Services that is not expressly set out in this Agreement.

17.4 You acknowledge that Documents are prepared using information provided by You, and You accept responsibility for the accuracy of that information and for checking the content of all Documents issued to You.

17.5 Where a Doctor provides You with medical advice or a prescription, You will consider Your own health and ability to undertake activities (such as driving or operating machinery) while taking any medication, and follow the Doctor's and pharmacist's advice.

18. Conduct and call recording

18.1 At all times, We, the Doctors and You must abide by the following:

• Mutual respect: communicate respectfully, refraining from threatening behaviour, personal attacks, or language that is malicious, abusive, offensive or misleading, including content posted online.
• Inclusivity: discrimination, including racism and sexism, or any other prejudiced behaviour, is strictly prohibited.
• Anti-bullying: no trolling, bullying, humiliation or intimidation.
• Ethical conduct: all participants must comply with the law. Fraud, defamation, sharing explicit material and falsifying information are not tolerated. Medicines prescribed to You are for Your exclusive use and must not be given or sold to any other person.

18.2 Call recording notice. We may record phone or video Consults for quality, safety and compliance purposes. You will be informed at the start of each call and may decline recording. For more details contact privacy@doccio.com.au.

19. Agreement prevails

Should We enter into any subsequent agreement with You relating to the Services and that agreement conflicts with this Agreement, this Agreement prevails to the extent of any inconsistency, unless otherwise expressly agreed in writing.

20. Enforcement

Should We be required to instruct solicitors to enforce this Agreement against You, including to recover unpaid Fees, You agree that You will be liable for Our reasonable legal costs and expenses.

21. Indemnity and exclusions

21.1 We do not guarantee that Your use of the Platform or Services will be uninterrupted or error-free. Third Party Providers are involved in Our provision of the Services and We may be limited, through no fault of Our own, in providing them.

21.2 Subject to clause 17.1, and to the maximum extent permitted by law, Our liability to You in connection with this Agreement or the Services is excluded regardless of whether it arises in contract, tort (including negligence), equity, statute or otherwise, except to the extent the loss results from Our breach of this Agreement or Our negligent acts or omissions.

21.3 Subject to clause 17.1, Our liability is excluded in respect of any indirect or consequential loss, including loss of income or opportunity.

21.4 You indemnify Doccio against loss arising from Your breach of this Agreement, Your provision of false information, or Your misuse of any Document.

22. Privacy and data protection

We may use Your contact details to provide You with confirmations, Documents, receipts, reminders and administrative notices. Your information will be provided to Third Party Providers only as needed for them to provide the Services You have requested. We will keep Your information confidential and will never sell it. We may use it to tell You about Our Services where You have consented; You may opt out at any time. Our Privacy Policy and Cookie Policy form part of this Agreement.

23. Feedback

If You provide Doccio with feedback or suggestions regarding the Website or Services ("Feedback"), You grant Doccio a perpetual, royalty-free licence to use that Feedback in any manner it deems suitable, and agree that Doccio will treat Feedback as non-confidential. You agree not to submit information You consider confidential or proprietary. Reviews You choose to publish are governed by our review collection policy.

24. Variations to this Agreement

We may vary this Agreement from time to time by publishing the updated version on this page and, for material changes, notifying You by email. The version in force at the time You request a Service applies to that Service.

25. Jurisdiction

This Agreement is governed by the law of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

26. Notices

All notices must be in writing. Notices to Doccio should be sent to:

ClinicLane Pty Ltd trading as Doccio
New South Wales, Australia 2000
hello@doccio.com.au

27. Electronic communication

We will communicate with You electronically at the email address or mobile number provided in Your Account. You:

• consent to receive communications from Us in electronic form;
• agree that all terms, notices, disclosures and other communications We provide electronically satisfy any legal requirement that they be in writing;
• must take reasonable precautions to ensure Our communications are received, such as adjusting spam filters;
• consent, by providing Your phone number, to Doccio sending You SMS messages about Your Services (for example, an eScript token or certificate link);
• acknowledge that consent to promotional messages is not a prerequisite for any Service, and that You may opt out of promotional SMS by replying STOP and of promotional email by using the unsubscribe link;
• must update Your details if You change or deactivate Your phone number, so We do not communicate with anyone who obtains Your old number.

28. Assignment

You must not assign any of Your rights or obligations under this Agreement without Our written consent. We may assign this Agreement to a related entity or successor on notice to You.

29. Waiver

No waiver by either party of any default in the strict performance of any provision of this Agreement shall be deemed a waiver of any other provision, or of any subsequent breach.

30. General

30.1 This Agreement, together with the Privacy Policy and Cookie Policy, constitutes the entire agreement between the parties and supersedes all previous agreements, representations or understandings.

30.2 Nothing in this Agreement constitutes a partnership, joint venture, agency or fiduciary relationship between the parties.

30.3 If any provision of this Agreement is found to be invalid or unenforceable, it will be severed and the remaining provisions will continue in full force.

30.4 Doccio may use its own staff, Doctors and Third Party Providers to deliver the Services as it sees fit.