P2P Telehealth account holders
1. Acceptance of Terms
- This document sets out the terms and conditions (Terms) on which you (You or Your) may access and use the P2P Telehealth website and/or app (Platform), including to facilitate communications between healthcare providers and their healthcare recipients (Services). Please read these Terms carefully before using the Platform.
- We reserve the right to amend these Terms from time to time, including for security, legal, regulatory or policy reasons or to reflect updates or changes to the Services offered on, or functionality of, the Platform. You are required to review any revised Terms as may be notified to You from time to time.
- Your use of and access to the Platform is a deemed acceptance of the Terms in effect at the time You access the Platform without any limitation or qualification. If You do not agree to the Terms or any revision to these Terms, You must not access or use the Platform or allow any person to access or use the Platform.
- If You do not comply with these Terms, We may, in Our absolute discretion, cancel or terminate Your access to the Platform.
2. Conditions of use of the Platform
- You warrant to Us that You are of legal age to form a binding contract and if required, You have authority to enter into these Terms.
- You agree to provide Us with accurate and complete information about yourself as required and to update Your information as required to maintain its accuracy. If any of the information You provide is inaccurate or incomplete, We may suspend or terminate Your access to any part of the Platform. Inaccurate or incomplete information about yourself may also reduce the effectiveness or accuracy of the Services provided.
3. Logging in to the Platform
- The Platform is only accessible to You if You have logged in by providing Your username and security code (this information is Your Login).
- You must not provide or reveal details of Your Login to any other person. You are responsible for protecting the security and privacy of all Your Login information and other security-based information.
- You must notify Us immediately in the event of any known or suspected unauthorised use of Your Login.
- You must not allow any other person to use Your Login. You acknowledge that You are solely responsible for all activity that occurs on Your account or under Your Login.
4. Operation and maintenance of the Platform
- The speed and reliability of the Platform may vary depending on many factors including, without limitation:
- the capability and functionality of the devices used to connect to the Platform;
- the location of the devices used to connect to the Platform; and
- the amount of traffic and general congestion of the Internet.
- Since electronic services are subject to interruption, breakdown and failure, access to the Platform is provided on an ‘as is’ and ‘as available’ basis only. We do not guarantee that the Platform will be continuous, stable or fault free.
- We do not promise that You will be able to access the Platform immediately or at all times. From time to time, We may, in Our absolute discretion, withdraw Your access to the Platform for security, technical, maintenance, legal, operational or regulatory reasons, or due to any breach of these Terms by You.
- We will use reasonable efforts but are not obliged to rectify any malfunctions, faults, issues or problems with the Platform or Services.
- At any time, We may make available upgrades, updates and patches to, or new versions or releases of the Platform, all of which will be governed by these Terms, unless such upgrade or update is accompanied by separate terms, in which case those terms will govern the upgrade.
5. Security of the Platform
- The Internet is an inherently insecure communication platform. We do not guarantee the security of the Platform at any given time. Your access to and use of the Platform is solely at Your own risk.
- We do not warrant that any information, data, software or other material accessible through or by using the Platform is free of computer viruses, Trojan horses, worms, or other computer programs, code or other harmful components. You must ensure that the device used to access the Platform is protected by up-to-date anti-virus software.
6. Unauthorised use of the Platform
You agree that You will not (either yourself or through any third party):
- submit, or use the Platform to send, any unauthorised commercial communications (such as spam);
- use any robot, spider, screen scraper, data aggregation tool or other automatic device or process to access the Platform or to process, monitor, copy or extract any material on the Platform, or any of the information, content or data contained within or accessible through the Platform, without Our prior written permission;
- use any information on or accessed through the Platform for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;
- use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction or process being conducted on or through the Platform;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Platform;
- upload viruses or other malicious code to the Platform;
- bypass any measure We may use to prevent or restrict access to the Platform, any part of the Platform or any other software, systems or networks connected to the Platform;
- do anything that could disable, overburden, or impair the proper working of the Platform, such as a denial of service attack.
7. Termination of access to and use of the Platform
- We may terminate, disable, block or limit Your access to or use of the Platform at any time, in Our absolute discretion, including where We consider or believe that Your use of or access to the Platform:
- is in contravention of these Terms; or
- may create or exploit any network or security vulnerabilities.
- Upon termination or suspension of Your access to the Platform, We may immediately deactivate Your Login, all related information and files and prevent any further access to such information, files or the Platform.
- All provisions which by their nature survive termination will survive termination of these Terms.
8. Acceptable Use (COVID-19 special offer)
- At the time of your acceptance of these Terms, and each time you use the Platform thereafter:
- You warrant to Us that you are either a registered Health Practitioner or are acting on behalf of someone who is;
- You agree that You will only use the Platform to facilitate communications with healthcare recipients (Approved Purpose).
- You agree that You will not (either yourself or through any third party) use the Platform for any purpose other than the Approved Purpose.
- You agree to reimburse Us at cost plus 100% for any use of the Platform otherwise than in accordance with (a) above.
9. Disclaimers and indemnity
- To the maximum extent permitted by law We disclaim or limit any liability to You.
- We make no warranty or representation as to:
- the accessibility, security, stability or reliability of the Platform and We are not liable if for any reason You cannot access the Platform at any time; or
- the Platform and the Services provided on the Platform.
- We disclaim all liability for any damage, loss, costs or expenses suffered or incurred, whether as a result of Your breach of these Terms, as a result of any transmission of any virus or other harmful code, or as a result of any service interruption, fault or failure, including one that impacts on the accessibility, security, quality, timeliness, fitness for purpose, service interruptions or reliability of any communications made using the Platform.
- You agree to indemnify Us and hold Us harmless against all costs, losses, expenses, liabilities and damages incurred by any party relating to claims arising out of Your use of the Platform, Your failure to comply with applicable laws, regulations or professional standards, or a breach by You of these Terms.
10. Your use of Our Materials
- All rights in the Platform and content on the Platform, including without limitation copyright in the software and data comprising the Platform and in all routines, algorithms, codes, calculation devices, text, images, diagrams, layouts and Our trademarks, are owned or licensed by Us (Our Materials). As between You and Us, We own all rights in and to Our Materials and the Platform.
- You must not remove, alter or conceal any copyright, trade mark or other proprietary rights incorporated in or accompanying Our Material and You must not copy, reproduce, alter, modify, adapt, create derivative works, perform, publicly display or otherwise exploit Our Materials without Our prior written permission.
- We grant You a non-exclusive, non-transferable personal licence to use the Platform subject to these Terms.
- You acknowledge that these Terms do not transfer any ownership of any intellectual property rights in the Platform to You.
- You may not use, rent, lend, lease, sell, sublicense, distribute or otherwise transfer the Platform or any part of the Platform or any copy, modification, translation or adaptation of the Platform in whole or in part except as permitted by law or expressly set out in these Terms.
- You must not adapt, transmit in any form by any process whatsoever, reverse compile, reverse assemble, disassemble, reverse engineer or otherwise attempt to discover source code or other arithmetical formula or processes in respect of all or any portion of the Platform, including the software underlying the infrastructure and processes associated with the Platform.
- All restrictions, rights and indemnities granted by You in favour of Us will survive the termination of these Terms.
- If We fail to enforce any of Our rights under these Terms, that does not mean We waive those rights. If You fail to enforce any of Your rights under these Terms, that does not mean You waive those rights.
- If You suffer any loss in connection with the Platform, You must take all reasonable steps to minimise Your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.
- These Terms are personal to You and You may not assign or otherwise transfer any rights under these Terms without Our prior written consent. We may assign or novate, or otherwise transfer Our rights and obligations under these Terms, to any third party without Your prior consent.
- Should any clause or part thereof of these Terms be found to be void, unenforceable or invalid, then it is severed, leaving the balance of these Terms in full force and effect, provided the severance does not alter the nature of these Terms.
- These Terms are governed by the laws of Victoria, Australia. You agree to the non-exclusive jurisdiction of the courts of Victoria, Australia and of courts entitled to hear appeals from those courts, to resolve any dispute arising or under or in connection with these Terms.
Last updated: March 24, 2020