TERMS AND CONDITIONS
This websites of youly.com.au (Youly Pty Ltd (ACN 644 881 078)), stagger.com.au (Stagger Health Pty Ltd (ACN 637 327 792)), cantro.com.au (Cantro Pty Ltd (647 966 685)), controlhealth.com.au (Control Health Pty Ltd (ACN 650 382 960)), vidality.com.au and midnighthealth.com.au are created, owned and controlled by Midnight Health Pty Ltd (ABN 13 647 966 738).
Midnight Health Pty Ltd provides administrative and management support and services to Practitioners who provide online medical and health care and services to patients.
1.1 This websites youly.com.au, stagger.com.au, cantro.com.au, controlhealth.com.au, vidality.com.au, midnighthealth.com.au and related mobile applications (“the Website”) have been created and are owned and controlled by Midnight Health Pty Ltd.
1.3 Whenever you access or use the Website and in consideration for Midnight Health Pty Ltd allowing you access to or use of the Website, you agree to these Website Policies & Terms.
1.4 We may change these Website Policies & Terms at our discretion. By continuing to access or use this Website, you accept these Website Policies & Terms as they apply, including as amended, from time to time.
1.5 These Website Policies & Terms or any part of these Website Policies & Terms do not constitute medical advice.
2. HEALTH CARE SERVICES
2.1 The Website allows you to access telehealth services (via encrypted chat, audio only and / or video with audio) from registered medical practitioners who engage Midnight Health Pty Ltd in their independent practices to provide them with administrative and management services (“Doctors”).
2.2 Midnight Health Pty Ltd do not offer or provide any medical or health services. The Website facilitates online confidential consultations with Doctors so that those Doctors can provide medical and health services to you.
2.3 The Doctor who consults with you has the sole discretion to decide whether a telehealth consultation is appropriate in your circumstances, whether to provide any service (including issuing any prescription or not) and to determine the appropriate course of action (including whether to recommend consultation with you in person or whether to refer you to an alternative specialist or other medical or health care professional).
2.4 The telehealth services provided via the Website are not a substitute for ongoing medical and health care provided by your local GP or other qualified practitioner. It is recommended that you inform your local GP of all services that you obtain via the Website.
2.5 Midnight Health Pty Ltd does not:
- 2.5.1 guarantee that a telehealth consultation is an appropriate method of treatment for your health or medical condition;
- 2.5.2 take any responsibility in relation to the consultation between you and a Doctor;
- 2.5.3 provide or prepare any medical or health advice to you at any time;
- 2.5.4 employ any Doctor or engage any Doctor as an independent contractor – Doctors engage Midnight Health Pty Ltd to provide them with administrative and management services to assist Doctors to operate their own independent practices; and represent or warrant that Medicare benefits will be able to be accessed by you for any telehealth services that you received from Doctors.
3. USER ACCOUNT
3.1 To access telehealth services from a Doctor via the Website, you must create an account and become a registered user of the Website.
3.2 To create an account and become a registered user, you must:
- 3.2.1 be over 18 years of age;
- 3.2.3 reside in Australia;
- 3.2.4 be capable of entering into a binding agreement with Midnight Health Pty Ltd; and
- 3.2.5 agree to these Website Policies & Terms.
3.3 You must ensure that all of your information supplied to Midnight Health Pty Ltd remains accurate and up to date.
3.4 Once you have successfully created an account and registered as a user of the Website, you will be provided with a username and password for accessing the Website.
3.5 You must maintain the confidentiality of your username and password and must not authorise others to use your account. You are responsible for all activities conducted through your account. If you believe someone has gained unauthorised access to your account, you must contact Midnight Health Pty Ltd immediately.
3.6 Midnight Health Pty Ltd may disable your account or use of the Website and in seeking any telehealth services provided by the Doctors at any time, without notice and for any reason.
4. USE OF WEBSITE
4.1 You must only access and use the Website in accordance with
- 4.1.1 these Website Policies & Terms;
- 4.1.2 all applicable laws and regulations.
4.2 You agree to not:
- 4.2.1 use a false identity or provide false details to Midnight Health Pty Ltd;
- 4.2.2 use the Website for any other purpose other than for accessing and receiving telehealth services from Doctors;
- 4.2.3 send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the Website;
- 4.2.4 use the Website to cause harm or offence to any other person;
- 4.2.5 use the Website in any way that will infringe any third party’s rights;
- 4.2.6 do anything which will or might affect, cause damage to, disrupt or interfere with the operation and system of the Website;
- 4.2.7 attempt to derive the source code of the Website or any part of it or reverse engineer any of the systems or technologies used to create or operate the Website;
- 4.2.8 copy, reproduce, publish, exploit or use any part of the Website for the purpose of creating or operating an online platform similar to the Website or for any other purpose other than as expressly permitted under theseWebsite Policies & Terms ;
- 4.2.9 use the Website in a way that might cause damage or loss to Midnight Health Pty Ltd or affect its brand or reputation;
- 4.2.10 use the Website for commercial purposes;
- 4.2.11 allow or assist anyone else to carry out the above mentioned activities;
- 4.2.12 violate or breach any of these Website Policies & Terms or any laws which relate to them.
4.3 You agree to indemnify Midnight Health Pty Ltd and each of the officers, employees, agents, contractors, suppliers and licensors of Midnight Health Pty Ltd in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Website Policies & Terms, or any other default or wrongful conduct in relation to the subject matter of these Website Policies & Terms, on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors.
5. YOUR OBLIGATIONS
5.1 You agree to:
- 5.1.1 provide to Midnight Health Pty Ltd and the Doctor, as applicable, all reasonable required information and details requested by Midnight Health Pty Ltd or a Doctor, as applicable;
- 5.1.2 contact your regular general practitioner immediately if directed to do so by a Doctor or if your conditions change or worsen.
5.2 You warrant that:
- 5.2.1 you are not experiencing dangerous, unusual or serious symptoms ;
- 5.2.2 the need for telehealth services from a Doctor is not related to any accident or injury;
- 5.2.3 you do not suffer from multiple or serious chronic health or medical conditions and are not taking multiple prescription medications;
- 5.2.4 all information you have provided to Midnight Health Pty Ltd and to the Doctors is true and accurate;
- 5.2.5 you have not omitted disclosing any information in your patient questionnaire or otherwise to a Doctor that is or might be relevant to your health or medical condition or the provision of telehealth services to you by a Doctor;
- 5.2.6 you are capable of participating in a telehealth consultation with a Doctor.
6. YOUR CONTENT
6.1 When you use the Website and the encrypted chat service which forms part of the Website, you grant Midnight Health Pty Ltd an unlimited royalty-free perpetual licence to use (in any way) any content you transmit via the Website including, without limitation, any text, audio and or video files, images or pictures in accordance with these Website Policies & Terms.
6.2 All information submitted to the Website through the encrypted chat service will be confidential between you and Midnight Health Pty Ltd and will not be made publicly available.
6.3 You warrant that the content that you upload to the Website and the encrypted chat service:
- 6.3.1 will comply with these Website Policies & Terms and in particular with Clause 4;
- 6.3.2 will not be illegal or of an unlawful nature;
- 6.3.3 will not give rise or be capable or resulting in an infringement of any third party’s rights or a legal proceeding; and
- 6.3.4 has not been subject to any legal proceeding or dispute.
6.4 You agree to indemnify and keep indemnified Midnight Health Pty Ltd against any claim, loss, damage, costs and/or expenses that Midnight Health Pty Ltd may suffer or incur in relation to or arising out of the content you upload to the Website and the encrypted chat service.
6.5 Midnight Health Pty Ltd reserves the right, and you acknowledge Midnight Health Pty Ltd’s right, to remove or alter any content that you submit to the Website and the encrypted chat service.
7.1 After reviewing the information you have provided via the patient survey via the Website, a Doctor will communicate and consult with you using the Website’s encrypted based text service and/or, as deemed clinically appropriate and necessary by the Doctor, which may be not at all or via methods such as audio, video and audio or in person.
7.2 A Doctor has full discretion in determining whether a consultation via the Website is suitable for your medical or health condition. If the Doctor determines that a consultation via the Website is not suitable, you will be notified via the Website’s encrypted based text service.
8.1 A prescription to you is issued entirely at the direction of a Doctor.
8.2 Midnight Health Pty Ltd does not guarantee that a Doctor will issue you with a prescription following consultation with you.
8.3 If the Doctor decides to issue you with a prescription, you will be given a choice as to whether you wish for your prescription to be sent electronically to a pharmacy recommended by Midnight Health Pty Ltd to be dispensed and delivered to you at your home or for you to take your prescription to a pharmacy of your choice for dispensation to you this way.
8.4 Midnight Health Pty Ltd is not liable in any way for any prescription issued by a Doctor or any medication dispensed by any pharmacy or any party’s failure to deliver medication to you (including, but not limited to, to the correct address or within any specified timeframe).
8.5 In circumstances where any medication is damaged, incorrectly dispensed or delivery is delayed, you agree to contact the pharmacy who is directly responsible for dispensing and delivering the medications to seek to resolve any issues.
You understand that Midnight Health Pty Ltd acts as agent only for any pharmacies recommended by Midnight Health Pty Ltd to you for dispensation of medications prescribed by a Doctor and Midnight Health Pty Ltd is not responsible for dispensation of any medications prescribed to you in any way.
9.1 You will be charged a fee for each consultation with a Doctor. Doctors engage Midnight Health Pty Ltd to act as the Doctors’ agent for billing purposes and, accordingly, Midnight Health Pty Ltd will charge you on behalf of the Doctors.
9.2 If a Doctor decides to issue you with a prescription following consultation with you, you will be charged an administrative fee by Midnight Health Pty Ltd for the issuing of the prescription.
9.3 If a Doctor decides to issue you with a prescription following consultation with you and you consent to the prescription being sent directly to Midnight Health Pty Ltd’s recommended pharmacy, you will be charged a fee for the prescribed medication by Midnight Health Pty Ltd, acting as agent for the pharmacy. Midnight Health Pty Ltd have been engaged by various pharmacies to provide those pharmacies with services which include acting as the pharmacy’s agent for billing purposes. Accordingly, Midnight Health Pty Ltd will charge you on behalf of any recommended pharmacy from which you choose to have your medication dispensed.
9.4 Subject to any change in the Australian Government’s Medicare directions, the telehealth services provided by the Doctors do not attract Medicare benefits.
10.1 The fee charged for your consultation with a Doctor via this Website will only be refunded in the following circumstances:
- 10.1.1 Where the Doctor considers it inappropriate or unsuitable to conduct a telehealth consultation with you;
- 10.1.2 If there is a technological issue that prevents the consultation from taking place; or
- 10.1.3 If the Doctor cancels the consultation.
10.2 If you are not available for your consultation or do not reply to the Doctor when they contact you, you will still be charged the consultation fee.
10.3 The consultation fee is otherwise non-refundable.
11. INTELLECTUAL PROPERTY
11.1 Midnight Health Pty Ltd owns the Website and all of the contents of the Website which includes all text, information, graphics, logos, business/trading names, design, layout, downloads, pricing, software, products and services is owned or licensed by Midnight Health Pty Ltd.
11.2 Nothing in these Website Policies & Terms or your use of the Website has the effect of transferring, assigning, licensing or otherwise transmitting any of Midnight Health Pty Ltd’s intellectual property to you.
12.1 As part of the normal operation of this Website, your internet browser will be sent a “cookie” (a temporary internet file). This cookie enhances the Website’s functionality with features such as account login and electronic ordering. By itself, this cookie can only identify your computer to Midnight Health Pty Ltd’s server and so we can track your use of the Website. It is not used to identify you personally.
12.2 In some instances, cookies may collect and store personal information about you. Such personal information will only be used by Midnight Health Pty Ltd in accordance with these Website Policies & Terms.
12.3 Your personal username and password to access the Website protect your privacy. We recommend that you do not disclose, share or reveal your account details to any other individual.
13. LIABILITY AND DISCLAIMER
13.1 To the maximum extent permitted by law, Midnight Health Pty Ltd will not be liable to any person
or entity for any direct, indirect, consequential or other loss or damage
(however caused, including due to negligence) which may arise out of, or in
- 13.1.1 your use of the Website;
- 13.1.2 the use or reliance on information, including any publication, contained on or linked to from this Website;
- 13.1.3 the contents of any website referred to on, or linked to from this website;
- 13.1.4 your consultations with and any medical or health services provided by the Doctors via the Website;
- 13.1.5 any action or conduct of the Doctors including, without limitation, advice provided to you or prescriptions issued to you; or
- 13.1.6 any prescribed medication dispensed to you by any pharmacy as a result of your consultation with a Doctor.
13.2 Midnight Health Pty Ltd does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.
13.3 Midnight Health Pty Ltd does not warrant that the services or any medications provided via your use of the Website are fit for your intended purpose.
13.4 If any law implies a condition or warranty into these Website Policies & Terms which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service again or the payment of the cost of having that service re-supplied.
13.5 You agree to indemnify and keep Midnight Health Pty Ltd indemnified against any claim, loss, damage, costs and/or expenses you may suffer or incur in relation to or arising out of your use of the Website and the telehealth services provided via the Website.
15.1 If you have a complaint in relation to use of the Website, you may contact us via email at firstname.lastname@example.org
15.2 In relation to complaints against Midnight Health Pty Ltd:
- 15.2.1 you must notify us of the details of the complaint as soon as possible;
- 15.2.2 a representative of Midnight Health Pty Ltd will contact you to discuss your complaint;
- 15.2.3 if your complaint is not resolved in your discussion with a Midnight Health Pty Ltd representative, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Queensland Law Society;
If you have any complaints or concerns that cannot be resolved by Midnight Health, you can contact the Office of the Health Ombudsman.
Office of the Health Ombudsman
GPO Box 13281
George Street, Brisbane QLD, 4000
Telephone: 133 646
- 15.2.4 the parties will be bound by the decision of the selected expert with respect to the complaint; and
- 15.2.5 the parties will share the costs of engaging the expert equally.
15.3 If your complaint relates your consultation with a Doctor or any other matter for which a Doctor is responsible, we may refer your complaint to the relevant Doctor.
15.1 If your complaint relates any matter for which a pharmacy, including the pharmacy recommended by Midnight Health Pty Ltd, is responsible, we may refer your complaint to the relevant pharmacy.
15.2 Midnight Health Pty Ltd is not responsible in any way for resolving your complaints against or in relation to a Doctor or any pharmacy.
16.1 The laws of Queensland in Australia govern these Website Policies & Terms, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Queensland in Australia, in your use of this Website and these Website Policies & Terms.
16.2 If any of these Website Policies & Terms are held to be invalid or unenforceable, then the validity and enforceability of the remaining Website Policies & Terms will not be impacted.
Please contact us at email@example.com if you have any queries with respect to these Website Policies & Terms.