Pilly Health, (Pilly Health, we, us, or our) operate an online platform to facilitate the treatment of people (Patients) and the provision of telehealth, healthcare and related services by Australian registered healthcare practitioners, including doctors, psychologists and allied health professionals (Healthcare Practitioners) via videoconference (together the Telehealth Services).
Healthcare Practitioners offer the Telehealth Services via the Platform through the provision of online consultations (Consultations) with Patients by virtually examining and taking the medical history of the Patient via videoconference and other technologies, and without physically examining them or meeting them in person.
Like face to face healthcare providers, many factors may impact on the availability of Healthcare Practitioners or the operation of the technology necessary to perform the Telehealth Services. Whilst we endeavour to ensure that the Telehealth Services are available at all times, the making of a booking on the Platform does not guarantee that medical treatment will be available at a specified time, or at all.
Consultations booked via the Platform are an arrangement entered into strictly between the Patient and the relevant Healthcare Practitioner, and we do not verify, endorse, recommend or guarantee any Healthcare Practitioner or any information or advice they provide during a Consultation or via the Platform. The services provided by Pilly Health is strictly limited to providing a platform for communication and access between Patients and Healthcare Practitioners and we have no control over, or liability with respect to, the actions or omissions of any Healthcare Practitioner.
Any personal or medical information that is provided by a Patient to us or a Healthcare Practitioner shall be utilised and stored in accordance with our Privacy Policy and you consent to the use of such information in accordance with our Privacy Policy.
You acknowledge and agree that we are not a medical or healthcare provider and are not liable for any medical or healthcare services, including the Telehealth Services, booked using the Platform except to the extent expressly provided by these Terms. All medical and healthcare related queries should be directed to a Healthcare Practitioner. We do not warrant or represent that any particular medication or treatment (including medication or treatment provided by a Healthcare Practitioner during a Consultation) is safe, appropriate or effective.
Information contained on the Platform (other than information provided by a Healthcare Practitioner during a Consultation) does not constitute medical or healthcare advice. Patients should not rely upon information on the Platform as a substitute for obtaining specific advice from a doctor or other qualified healthcare practitioner.
The services offered via the Platform are not suitable for serious medical conditions, medical emergencies or matters requiring immediate or urgent treatment (Emergencies). If you require treatment for a serious medical condition or require immediate or urgent medical assistance, you should contact emergency services on 000 or attend the nearest hospital emergency centre.
The services offered via the Platform, including the Telehealth Services, are not intended to be a substitute for the ongoing involvement of your usual GP or other medical professional responsible for managing your day-to-day healthcare needs. Patients are encouraged to schedule follow-up visits with their primary physician to help facilitate proper holistic management of their healthcare requirements.
Like all healthcare services, the effectiveness of the Telehealth Services is dependent on complete and truthful answers to all questions asked to assess the appropriateness of treatments and medications for Patients. As a Patient (or guardian of a Patient, if applicable), you acknowledge and agree to:
- answer all questions asked;
- be accurate and fulsome in your answers; and
- report any new symptoms or worsening of condition that has occurred since your last Consultation.
You acknowledge and agree that:
- we are not liable for your medical care, the medical care of a Patient or for any medical, healthcare or other advice (including prescriptions) given by a Healthcare Practitioner;
- to the maximum extent permitted by law, we shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with your use of the Platform; and
- to the maximum extent permitted by law, we are not liable for, and you indemnify us (and our related bodies corporate and their respective officers, employees and consultants) against any and all claims, actions, proceedings, losses, liabilities and expenses (including legal expenses on a full indemnity basis) in any way arising from or relating to:
- any treatment, advice or information provided during a Consultation and any other services provided by a Healthcare Practitioner to a Patient (including any medications prescribed by a Healthcare Practitioner and the quality or suitability of any services provided by a Healthcare Practitioner);
- any personal injury, mishap or death or any alleged or actual malpractice or negligence by any Healthcare Practitioner;
- your failure to answer any questions truthfully, or to provide any information requested by us or a Healthcare Practitioner; and
- your use of the Services offered by the Platform.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND PILLY HEALTH, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THE PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE PLATFORM, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY US ON THE PLATFORM FOR YOUR INTENDED APPLICATION AND USE. WE DO NOT WARRANT THAT THE PLATFORM, ITS CONTENT, OR THE PRODUCTS AND SERVICES OFFERED ON THE PLATFORM WILL MEET YOUR REQUIREMENTS.
The Platform offers a convenient service for Patients with straightforward, non-emergency medical needs to access medical advice via telehealth. By accessing the Platform, you acknowledge and agree that:
- you are at least 18 years of age and (one of) the Patient or their legal guardian, parent or health attorney. You will provide proof of identity with a driver’s license or other legal document if requested to do so;
- the Patient is not suffering dangerous or unusual symptoms (e.g. suddenly decreased or blurred vision, severe headaches, inexplicable pain or nausea, fainting spells, bleeding, numbness or tingling/pins and needles in any part of the body);
- the need for the Consultation is unconnected with an accident or injury, regardless of cause;
- the Patient does not suffer from multiple or serious chronic conditions and does not currently take multiple prescribed medications;
- the Patient does not require a prescription of any ‘schedule 8’ (narcotic) medicines or any medicines with the potential for abuse or addiction;
- you have completed the ‘Patient General Medical Questions’ completely and truthfully, and have not omitted information which is or may be relevant to the Patient’s care;
- we do not represent, warrant or guarantee the quality of any medical advice provided by a Healthcare Practitioner during a Consultation or otherwise;
- we do not guarantee that a Healthcare Practitioner will hold any additional qualification or specialist knowledge and we are not responsible for the manner in which a Consultation is conducted or the quality of any medical advice provided;
- if either you or the Patient are hard of hearing, you/they will have a hearing assistance device during the Consultation;
- you are responsible personally for the costs of the Consultation in accordance with these Terms;
- if, during a Consultation, a Healthcare Practitioner considers that the Patient needs further treatment or examination, you will seek that as soon as possible (and that neither we, nor the Healthcare Practitioner, are responsible for following-up Patients);
- any medication or other treatment prescribed by a Doctor will be solely for the Patient’s own personal use and you will not allow any other person to take medication that has been prescribed to a Patient;
- you will not share your Platform username and password with anyone and will take all reasonable steps to ensure that a third party does not gain access to your account;
- we reserve the right to cancel your registration on the Platform without notice at our sole discretion;
- if a Healthcare Practitioner prescribes medication or a treatment for a Patient, and the Patient suffers from any noticeable side-effects, you will notify us immediately so that the Healthcare Practitioner can fulfil their duty of after-care;
- you will only use the Platform in good faith and for its intended purpose, and in compliance with Australian law;
- you will treat the personal information of others in accordance with the provisions of the Privacy Act 1988 (Cth) and all relevant privacy legislation; and
you must not load or publish any material that contains any virus, trojan horse, worm or other programs that have an adverse effect on the Platform, or the hosting infrastructure.
Payment options are displayed on the Platform. You agree to pay all fees or charges in accordance with these Terms and the fees and charges in effect at the time a fee or charge is due and payable.
All fees and charges associated with a consultation are to be paid at the time of booking to confirm the appointment using the credit card provided and you agree that we are authorised to immediately process the payment at the time of booking. You will never be charged more than the agreed amount. The Consultation fee will be refunded if the Healthcare Practitioner cancels the appointment, or if there is a technological failure that prevents an effective Consultation between the Patient and the Healthcare Practitioner. Technological failure is assessed and logged by the Healthcare Practitioner. The Consultation fee is generally not refundable if you, as a Patient, cancel an appointment within 1 hour prior to it starting or fail to attend at the scheduled time.
Where you use our eScript service to obtain a prescription, and request the prescription to be dispensed and delivered through one our partner pharmacies, you will be required to pay Pilly Health for the Consultation, and to pay one of our partner pharmacies to dispense and deliver the prescription. We will collect both payments from you when you use the eScript service, and pass on the payment to our partner pharmacy for the prescription and delivery.
We cannot guarantee that a Healthcare Practitioner assigned to take a Consultation will be available at the appointed time. However, if a Healthcare Practitioner is unavailable, we will endeavour to source an alternate. We will notify you as soon as possible in the event that your Consultation is cancelled.
We respect a Patient’s right to nominate their preference of Healthcare Practitioner (e.g. the gender of their Healthcare Practitioner or the ability to speak a language other than English) and if possible we will accommodate preferences, but whether or not we can do so is dictated by availability.
The duration of each Consultation is up to 15 minutes. Neither we nor any other person guarantees that the Patient can be diagnosed and a treatment plan finalised within that time period. The Patient may end the Consultation at any time, however will be charged for a full 15 minute Consultation. A Healthcare Practitioner has full discretion to:
- interrupt or re-schedule a Consultation;
- discontinue a Consultation; or
- decline to treat you / the Patient,
for any reason they consider reasonable.
All prescriptions written after a Consultation are passed on by the Healthcare Practitioner directly to a Quality Care accredited Australian pharmacy. The Patient is always given a choice as to whether they wish their own local pharmacist to dispense a prescription. If the Patient does not express a preference, then a pharmacy allied with us may dispense the medication following the same guidelines as any other Quality Care pharmacy provider.
All prescription medicines dispensed and delivered through our eScript service are sold, dispensed and delivered by our partner pharmacies, and not by Pilly Health. Pilly Health is not a pharmacy and does not dispense, sell or deliver prescription medications. Rather, our eScript service connects you with a partner pharmacy that stocks the relevant medication, and we collect payment for the medication and delivery on behalf of our partner pharmacies and transfer those funds to them.
How a Consultation is conducted (including any follow-up of a questionnaire received for a prescription) is up to the Healthcare Practitioner and may include WebRTC video, telephone or a combination of these things. Email, instant messaging and fax may not be used for Consultations. You will, however, be required to provide an email address in case the Healthcare Practitioner wishes to send paperwork to you or the Patient after the Consultation.
Please note that no communications between a Healthcare Practitioner and a Patient is authorised outside of the allocated Consultation time without the prior written approval of the Healthcare Practitioner.
We may, from time to time, invite you to submit a review of the Services to the Platform. You acknowledge that any content submitted by you on the Platform may be used in any manner we deem appropriate at our sole discretion.
You agree that you will not at any time make any disparaging comments, or make or publish any statement or do any other thing which may tend materially to harm or prejudice our reputation or goodwill, including through the use of social media, web discussion groups, or other websites.
The Platform and its entire contents, features and functionality (including but not limited to all information, compilation, organization and display of the content, as well as all software, images, logos, video and audio), are the exclusive property of us and are protected by laws relating to intellectual property. Any intellectual property rights in any feedback that you provide us in relation to the Platform vests with us and shall remain our property. These Terms permit you to use the Platform for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
We are required to comply with the obligations under the Privacy Act 1988 (Cth). We respect your right to privacy and have devoted considerable effort toward ensuring that your personal information is secure. We have developed a Privacy Policy to inform you about our privacy practices, which you can view here. We will only use your personal information in accordance with the terms of our Privacy Policy.
We may change these Terms at any time without notification, and you agree that these changes will come into effect the next time you use the Platform. Your continued use of the Platform will constitute acceptance of the updated Terms.
The laws of Adelaide govern these Terms and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Adelaide and courts competent to hear appeals from those courts.
3. EMBEDDED CONTENT
Pages on this site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged-in to that website. Below you can find a list of the services we use:YOUTUBE
We use YouTube videos embedded on our site. YouTube has its own cookie and privacy policies over which we have no control. There is no installation of cookies from YouTube and your IP is not sent to a YouTube server until you consent to it. See their privacy policy here: YouTube Privacy Policy.4. COOKIES
This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. Cookies generally exist to make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser.NECESSARY COOKIES (ALL SITE VISITORS)
- cfduid: Is used for our CDN CloudFlare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. See more information on privacy here: CloudFlare Privacy Policy.
- PHPSESSID: To identify your unique session on the website.
NECESSARY COOKIES (ADDITIONAL FOR LOGGED IN CUSTOMERS)
- wp-auth: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
- wordpress_logged_in_{hash}: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
- wordpress_test_cookie Used by WordPress to ensure cookies are working correctly.
- wp-settings-[UID]: WordPress sets a few wp-settings-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
- wp-settings-[UID]:WordPress also sets a few wp-settings-{time}-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
5. WHO HAS ACCESS TO YOUR DATA
If you are not a registered client for our site, there is no personal information we can retain or view regarding yourself. If you are a client with a registered account, your personal information can be accessed by:- Our system administrators.
- Our supporters when they (in order to provide support) need to get the information about the client accounts and access.
6. THIRD PARTY ACCESS TO YOUR DATA
We don’t share your data with third-parties in a way as to reveal any of your personal information like email, name, etc. The only exceptions to that rule are for partners we have to share limited data with in order to provide the services you expect from us. Please see below:
ENVATO PTY LTD
For the purpose of validating and getting your purchase information regarding licenses for the our theme, we send your provided tokens and purchase keys to Envato Pty Ltd and use the response from their API to register your validated support data. See the Envato privacy policy here: Envato Privacy Policy.
TICKSY
Ticksy provides the support ticketing platform we use to handle support requests. The data they receive is limited to the data you explicitly provide and consent to being set when you create a support ticket. Ticksy adheres to the EU/US “Privacy Shield” and you can see their privacy policy here: Ticksy Privacy Policy.
7. HOW LONG WE RETAIN YOUR DATA
When you submit a support ticket or a comment, its metadata is retained until (if) you tell us to remove it. We use this data so that we can recognize you and approve your comments automatically instead of holding them for moderation.
If you register on our website, we also store the personal information you provide in your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit that information.
8. SECURITY MEASURES
We use the SSL/HTTPS protocol throughout our site. This encrypts our user communications with the servers so that personal identifiable information is not captured/hijacked by third parties without authorization.
In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.
9. YOUR DATA RIGHTS
GENERAL RIGHTS
If you have a registered account on this website or have left comments, you can request an exported file of the personal data we retain, including any additional data you have provided to us.
You can also request that we erase any of the personal data we have stored. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being an active customer (i.e. basic account information like an email address).
If you wish that all of your data is erased, we will no longer be able to offer any support or other product-related services to you.
GDPR RIGHTS
Your privacy is critically important to us. Going forward with the GDPR we aim to support the GDPR standard. AxiomThemes permits residents of the European Union to use its Service. Therefore, it is the intent of AxiomThemes to comply with the European General Data Protection Regulation. For more details please see here: EU GDPR Information Portal.
10. THIRD PARTY WEBSITES
AxiomThemes may post links to third party websites on this website. These third party websites are not screened for privacy or security compliance by AxiomThemes, and you release us from any liability for the conduct of these third party websites.
All social media sharing links, either displayed as text links or social media icons do not connect you to any of the associated third parties, unless you explicitly click on them.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. AxiomThemes bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.
11. RELEASE OF YOUR DATA FOR LEGAL PURPOSES
At times it may become necessary or desirable to AxiomThemes, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
Any passing on of personal data for legal purposes will only be done in compliance with laws of the country you reside in.