Effective from: 15th November 2021
The Consultmed Platform is a user-friendly and integrated referral management platform that connects primary health care providers (e.g. GPs, physiotherapists) directly to secondary health care providers (e.g. specialists and hospital networks). It is a web-based platform that is accessible at www.consultmed.com.au or www.consultmed.co (“Platform”).
These Terms set out how ConsultX Pty Ltd trading as Consultmed (“Consultmed”, “we”, “us” or “our”) offers our Platform and Services to you.
By accessing and using our Platform and Services, you agree to and consent to be bound by the Terms set out below.
1. Who this applies to
1.1 In these Terms, “you” and “Users” means:
(a) primary health care providers using the Platform to refer Patients (“Referrers”);
(b) secondary health care providers that receive Referrals for Patients from primary health care providers via the Platform (“Receivers”);
(c) external health care providers that receive Referrals for Patients from primary health care providers via the Platform (“External Receivers“);
(d) external health care providers or Patients using the External Platform for Referrals (“External Referrers“);
(e) Patients who are referred via the Platform (“Patients”); and/or
(f) a person who browses, visits or otherwise uses the Platform or the Services.
2. About these Terms
2.1 By registering with us and using the Platform, you indicate your acceptance of these Terms (including our Charges). By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Platform and our Services. If you do not agree to these Terms you should immediately cease accessing the Platform and using the Services.
2.2 We reserve all rights to alter these Terms at our discretion. Each time you use the Platform or Services, it is your responsibility to be aware of our current terms. Your continued use of the Platform following the posting of changes to these Terms will be deemed your acceptance of those changes.
2.3 These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Platform and Services or until terminated in accordance with clause 12.
3. Purpose of the Platform
3.1 The purpose of the Platform is to provide Referrers (e.g. primary healthcare providers such as GPs) with an integrated referral management system that enables them to send electronic Referrals for their Patients to Receivers (e.g. secondary health care providers such as medical specialists and hospital networks) and External Receivers (e.g. external health care providers such as medical specialists and hospital networks that are not on the Platform).
3.2 The purpose of the External Platform is to provide External Referrers (e.g. external health care providers or Patients) with a referral platform that enables them to send electronic Referrals to Receivers or External Receivers.
3.3 The Platform is to be used only for non-emergency, non-acute medical Referrals.
3.4 If a Patient is experiencing an acute medical situation or other medical emergency, the relevant healthcare practitioner (e.g. Referrer, External Referrer, Receiver or External Receiver) should refer the Patient to appropriate acute medical services (e.g. emergency department, hospital) through means outside the Platform.
4. Overview of Services
4.1 We will provide a number of Services through the Platform to Users including those set out in clauses 4.3 and 4.4 the “Services”.
4.2 We provide the Services as a platform provider and Consultmed does not in any way constitute a health care provider.
4.3 As a Referrer or Receiver, you will be able to:
(a) access the provider-facing part of the Platform;
(b) add Patients to the Platform, as well as to send and/or receive Referrals for your Patients;
(c) add your own personal and occupation/work details;
(d) add Patient personal and health information for the purposes of sending/receiving a referral with consent from your Patient;
(e) receive notifications and tracking of any Referrals that you have sent or received through the Platform and via an approved workplace email address;
(f) access to our support services, including onboarding support and technical support for the Platform;
(g) contact our support services directly;
(h) contact other Users directly via the secure message delivery feature in the Platform in order to respond to enquiries, respond to referrals and provide updates;
(i) as a Referrer, you can send an electronic referral to a Receiver and explain the reasons for referring the patient, including any information about the patient’s condition and any attach any relevant medical correspondence including pathology, imaging and other documentation;
(j) as a Receiver, you can receive Referrals from Referrers electronically, triage the referral and respond directly to the Referrer and Patient electronically;
(k) accept, return, schedule an appointment or waitlist any Referrals that have been received or sent; and
(l) manage all Referrals that have been received or sent within the secure database of the Platform.
4.4 As a Patient, you will be able to:
(a) access, view and download a PDF copy of your referral through the Patient-facing part of the Platform, via secure email; and
(b) receive notifications and tracking of any Referrals that have been made on behalf of the Patient from the Referrer to the Receiver via email
4.5 As an External Receiver, you will be able to:
(a) view and download a PDF copy of the Referral; and
(b) have the option to create an account and manage Referrals within the Platform.
4.6 As an External Referrer, you will be able to:
(a) send Referrals via an External Platform;
(b) have the option to create an account and manage Referrals within the Platform; and
(c) receive a limited number of email Referral status notifications.
5. Delivery of Referrals
5.1 For this clause 5:
(a) Platform means the Platform or External Platform; and
(b) Referrer means a Referrer or External Referrer.
5.2 Where a Referral is sent via the Platform, by a Referrer or External Referrer to a Referral Recipient, Consultmed will:
(a) use reasonable efforts to ensure that the Referral is successfully sent;
(b) send a limited number of email reminders and notifications to the Referral Recipient of the Referral; and
(c) send email reminders and notifications to the Referrer of outstanding (e.g. New and Under Review) Referrals which are pending action;
5.3 Consultmed does not guarantee that a Referral sent via the Platform, email or any form of electronic communication will be opened, reviewed or actioned by the Referral Recipient and is not liable for a Referral in any respect, including any failure to open, review or action a Referral by the Referral Recipient. It is the responsibility the Referrer to ensure that the Referral Recipient acts on a Referral.
6. Using the Platform and Services
6.1 Any information that we provide is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by us or any third party, including any User. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information inputted into the Platform.
6.2 You agree that you will bear the sole responsibility for any activity that occurs on your Account. You must keep your Account details and password secure, as you are responsible for any activity on your Account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or Account.
6.3 The Platform may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
6.4 You must take precautions to ensure that when accessing the Platform and Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.
6.5 You may access the support services via the Platform and by submitting enquiries to email@example.com.
6.6 We may, at our absolute discretion, terminate, suspend or delete your Account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing all or parts of the Services, your Account details or other content contained in your Account. We will not be liable to you for doing so.
6.7 If you fail to comply with these Terms, we may, at our absolute discretion and without liability:
(a) immediately, temporarily or permanently withdraw your right to access and use the Services and the Platform (including the deletion of your Account);
(b) take any other legal action against you; or
(c) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
7. Using the External Platform
7.1 Any information that we provide via the External Platform is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by us or any third party, including any User. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information inputted into the External Platform.
7.2 By using the External Platform, you represent and warrant to us that the information provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of the information provided as necessary and/or as required by us
7.3 If you fail to comply with these Terms, we may, at our absolute discretion and without liability:
(d) immediately, temporarily or permanently withdraw your right to access and use the External Platform;
(e) take any other legal action against you; or
(f) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
8.1 To access the Services, you must register via the Platform and provide us with the relevant information required to set up your Account. This includes for Referrers and Receivers:
(b) AHPRA registration number;
(c) Medicare provider number;
(d) contact details;
(e) occupation details; and
(f) billing information (including credit card details),
and for Patients includes:
(h) date of birth;
(i) Medicare number;
(j) contact details; and
(k) next of kin contact details,
and any other information that may be required by us or the provider for the purposes of submitting and/or receiving a Referral (Registration Data).
8.2 We reserve the right to decline your registration request if you do not pass our verification process. In particular, all Referrers and Receivers must be healthcare practitioners registered with AHPRA and no Referrals can be sent using the Platform until we can verify this information.
8.3 If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
8.4 If you provide us with Registration Data, you consent to the following:
(a) we may use your Registration Data as required for the purposes of providing the Services
(b) you will receive an email from us confirming the details of your registration and a link for access to your Account, providing you with necessary information relating to your access and use of the Services and any subscriptions to the Services made through your Account; and
(c) from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, services, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.
9. Privacy and Consent
9.1 To refer or receive a Patient via the Platform (including the External Platform), you must disclose the health information of that Patient. In providing or receiving the health information of a Patient via the Platform or External Platform, you warrant that you have sought all required consents (including verbal and/or written consent) from the Patient (or a parent or guardian of a Patient who is a minor) to do so and that you have otherwise fully complied with the Privacy Act and all other relevant legislation and regulations pertaining to the collection, storage, use and disclosure of health information. You agree to indemnify us for any liability, costs and expenses (including our reasonable legal costs) which we incur as a result of a breach by you of your privacy obligations.
10. How much do we charge for the Services?
10.1 The Platform may be accessed for free by Referrers and Patients with no charges applied unless otherwise agreed with us.
10.2 Receiver access to the Platform is subject to certain fees, including:
(a) implementation costs (if applicable);
(b) ongoing subscription fees; and
(c) any other costs as agreed between the Receiver and Consultmed,
10.3 The specific Charges for each Receiver will be agreed separately in writing between Consultmed and the Receiver.
10.4 The Charges are exclusive of GST unless otherwise specified.
11. What are your obligations?
11.1 You must at all times comply with your obligations under these Terms and fulfil your obligations in a timely manner. A failure to comply with these obligations may, at our absolute discretion, result in the suspension or termination of your Account.
11.2 You may not use a Platform other than for its intended purpose as set out in clause 3 or as otherwise communicated to you by us.
11.3 You must not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap.
11.4 Referrers must:
(a) act in the best interests of the Patient;
(b) collect only relevant health information in a Referral that is sent over the Platform;
(c) only send Referrals through the Platform to appropriate Receivers and External Receivers; and
(d) only share the health information through the Platform to Receivers and External Receivers and any other Users in relation to a Referral and with the full consent of the Patient.
11.5 External Referrers must:
(a) act in the best interests of the Patient;
(b) collect only relevant health information in a Referral that is sent over the External Platform;
(c) only send Referrals through the External Platform to appropriate Receivers and External Receivers; and
(d) only share the health information through the External Platform to Receivers and External Receivers and any other Users in relation to a Referral and with the full consent of the Patient.
11.6 Receivers must:
(a) act in the best interests of the Patient;
(b) act on any Referral received through the Platform as is expected of medical practitioners in their line of duty;
(c) be responsible for managing a Referral received through the Platform and any subsequent actions or necessary care required for the Patient; and
(d) communicate appropriately with the Referrer and the Patient in the best interests of the Patient.
11.7 External Receivers must:
(a) act in the best interests of the Patient;
(b) act on any Referral received through the Platform as is expected of medical practitioners in their line of duty; and
(c) communicate appropriately with the Referrer and the Patient in the best interests of the Patient.
11.8 At all times Referrers and Receivers must act in the best interest of the relevant Patient and may communicate outside of the Platform as required to advance the Referral.
11.9 Any complaints regarding abuse or derogatory behaviour on the part of any User may see such User(s) removed from the Platform, result in the termination or suspension of their account and/or lead to restricted access to the Services, at our absolute discretion.
11.10 You acknowledge and agree that, in order for us to be able to provide the Services to you without interruption you will, at your cost, at all times:
(a) co-operate with and reasonably assist us to provide the Services;
(b) promptly provide us with full and accurate information, data and explanations with regard to any dispute, complaint, issue or otherwise that may arise, as and when required; and
(c) inform us of any abusive, allegedly abusive, or unlawful behaviour from any User on the Platform.
11.11 You must procure all necessary consents or authorisations from any third parties which may be required from time to time in order for us to be able to provide the Services to you.
12.1 In addition to our rights under clause 4.5, we may, at our absolute discretion, terminate these Terms or cease to supply you with the Services, if:
(a) it transpires that you have provided false or misleading information via the Platform;
(b) you are found by us to be offensive or abusive to any User;
(c) you accumulate repeated reports of User dissatisfaction, to be determined at our discretion;
(d) you no longer hold all legal authorisations required to operate via the Platform. For example, if a Referrer or Receiver is found not to be a registered Australian Medical Practitioner and/or the relevant AHPRA registration number is invalid, expired or does not exist;
(e) you do not comply with your obligations under these Terms; or
(f) it is commercially reasonable for us to cease providing the Services to you (at our discretion acting reasonably).
12.2 Without limiting any other clause in these Terms, if a Receiver fails to address a Referral sent to you through the Platform and does not communicate adequately or in a timely fashion with the Referrer or Patient, we may immediately terminate these Terms or cease to supply you with the Services.
12.4 We may terminate the arrangement by giving 30 days’ prior written notice to the other party.
12.5 At the end of the Subscription Term the arrangement for Receivers will automatically roll over for a further 90 day Subscription Term unless the Receiver notifies us in writing at least 30 days prior to the Subscription end date. If a Receiver wishes to terminate the arrangement before the end of their Subscription Term, we will be entitled to charge a break fee of up to 100% of the outstanding amounts that would be due under the remaining Subscription Term (in our sole discretion).
12.6 If your access to the Services is terminated for any reason, we will be entitled to payment for all outstanding Charges properly incurred by us up to the date of termination and any Charges incurred during any applicable notice period or otherwise specified in these Terms.
13.1 We will, within a reasonable period of time, investigate any alleged error or other issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or other issue and give us all necessary information to be able to investigate the error or other issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you, and otherwise in the manner set out in these Terms.
13.2 You agree to use your reasonable endeavours to ensure that the information you supply to any User or to us is complete and accurate and notify us (and, if relevant, the User(s)) in writing if there is any change to the information supplied.
13.3 Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
13.4 Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
14.1 Consultmed does not provide any direct patient care, medical or other health care interventions, diagnosis, advice or treatment whatsoever.
14.2 You acknowledge that the responsibility of the health care and medical treatment of a Patient is that of the relevant Referrer or External Referrer, and if accepted, the relevant Receiver or External Receiver, and not the responsibility of Consultmed or its personnel under any circumstances.
14.3 By including a Referrer, External Referrer, Receiver or External Receiver on the Platform, and in addition to clause 5.3, we do not make any warranty or guarantee regarding:
(a) the work or advice provided by such Users;
(b) the delivery or receipt of a Referral to a Referral Recipient;
(c) the delivery or receipt of a Referral sent, whether by the Platform or External Platform, to an External Receiver’s email inbox;
(d) whether such Users will respond to Referrals or enquiries on the Platform or the time within which such responses will be made;
(e) the appropriateness of any Referrals from such Users; or
(f) any other information regarding Users on the Platform.
14.4 To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any part of the Platform or downloading of any material or content posted on it, or on any website linked to it. We recommend that you have up-to-date virus checking software installed.
14.5 To the fullest extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you or any User in relation to the Referrals or information on , or via, the Platform (including any dispute or complaint regarding Patient treatment).
14.6 You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities or any loss of profits, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, failure to realise anticipated savings, insurance costs, medical negligence claims, medical or healthcare costs, loss of opportunity, expectation loss or loss of production arising out of, or in connection with, the provision or use of the Services, the Platform or these Terms.
14.7 You agree that, in any event, our maximum aggregate liability to you under these Terms will be the total Charges that you have paid in the 90 days preceding the claim.
14.8 You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
14.9 This clause 14 survives termination or expiry of these Terms.
15.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Platform and your use of the Services.
15.2 You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Platform, the Services and any breach by you of these Terms.
15.3 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any User due to your actions, and you will indemnify us from and against any and all claims by any User in relation to any and all content created by you or any actions by you.
15.4 In providing or receiving personal or health information of a Patient via the Platform, you warrant that you have sought all required consents from the Patient to do so and that you have otherwise fully complied with the Privacy Act and all other relevant legislation and regulations pertaining to the collection, storage, use and disclosure of health information including all applicable legislation and regulations in your jurisdiction of practice. You agree to indemnify us for any liability, costs and expenses (including our reasonable legal costs) which we incur as a result of a breach by you of your privacy obligations.
15.5 This clause 15 survives termination or expiry of these Terms.
16. Intellectual Property
16.1 You acknowledge that all Intellectual Property Rights in the Services and Platform are the property of us (or our licensors) and your use of, and access to, the Services, and Platform does not give you any rights, title or interest in or to the Services, or Platform. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services or Platform or any part of the Services or Platform.
16.2 You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
16.3 We grant you, for the duration of these Terms as determined in accordance with clause 2.3, a non-exclusive, non- transferable and revocable licence to use the Intellectual Property Rights embodied in the Services only to the extent necessary for you to use the Services and Platform for your business purposes.
16.4 By uploading, posting, transmitting or otherwise making available any Material via the Services or Platform, you:
(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit that Material in any form to enable us to provide the Services and Platform and unconditionally waive any moral rights that you might have in respect of that Material; and
(b) represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Platform.
17. Unavoidable Events
17.1 We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.
18. Dispute Resolution
18.1 If you have a complaint about the performance of these Terms or the Services, you will contact us at firstname.lastname@example.org in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.
18.2 This clause 18 survives the expiry or termination of these Terms.
19. Linking to the Platform
19.1 You may link to the Platform, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our goodwill. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.
19.2 We reserve the right to withdraw linking permission under this clause 19 by updating these Terms or by notice to you.
20.1 We may assign, sub-contract, or otherwise transfer any or all of its rights and/or obligations under these Terms. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations with our prior written consent, which can be refused at our absolute discretion.
20.2 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
20.3 We and you are independent. No contractor, agency, partnership, joint venture, fiduciary or employment relationship is created by these Terms. Neither we nor you will have, nor represent that we or you have, any authority to make any commitments on the other party’s behalf except expressly pursuant to these Terms.
20.4 Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
20.5 These Terms are governed by the laws of New South Wales, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
20.6 These Terms and any document expressly incorporated in it contains the whole agreement between us and you in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings between the parties. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.
21.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:
“Account” means your Consultmed account that facilitates your use of the Platform;
“AHPRA” means the Australian Health Practitioner Regulation Agency;
“External Platform” means any online platform approved by Consultmed which utilises the public-facing or provider-facing Platform;
“Charges” means the charges set out in clause 10, calculated at the rates set out in clause 10 or as otherwise agreed by us or published by us on the Platform from time to time;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
“Platform” means the online platform located on or via the Consultmed website at www.consultmed.co ;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform or otherwise displayed, uploaded or published on, or via, the Platform;
“Privacy Act” means the Privacy Act 1988 (Cth), its regulations, and any other related legislation;
“Referral” means electronic request from one health care professional to another health professional or service regarding the treatment of a patient.
“Referral Recipient” means either a Receiver, External Receiver or Patient.
“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Platform;
“Services” refers to the Platform and any associated services we provide as set out in clause 4 pursuant to these Terms;
“Subscription Term” means the period of the subscription to the Platform as agreed between each Receiver and Consultmed.
“Terms” means these Platform Terms of Service, as may be amended by us from time to time, at our discretion; and
“User” means any person or entity using the Services, whether they are a Referrer, Receiver, External Receiver, External Referrer, Patient, or a person who browses, visits or otherwise uses the Platform or the Services.