MyHealth1st – General Terms and Conditions
15 November 2019
Any Questions? Contact our Privacy Officer with the below information
Phone: 1300 673 885
The website’s at www.MyHealth1st.com.au and www.MyHealth1st.com and www.clinicconnect.com and www.gobookings.com and www.stvincentspriority.com.au and www.materpriority.com.au (“website”), is operated and administered by 1stGroup Ltd ACN 138 897 533 or its subsidiaries Clinic Connect Pty Ltd or GObookings Systems Pty Ltd (“Company”) to facilitate bookings with various businesses including pharmacies, radiology, veterinarians, practices, healthcare practitioners and other third parties (“services”). The use of the website by anyone, including any visitor, user of a healthcare practitioner’s services, healthcare practitioner, advertiser or other member of the public (“member”) is conditional upon the member’s acceptance and compliance with these terms and conditions (“terms and conditions”). By accessing or using the website, each member accepts and agrees to be bound by these terms and conditions.
1. Not Healthcare Advice
Each member acknowledges and agrees that the Company is not a healthcare or health service provider and is not liable for the care of any user of healthcare services or any other services that can be booked through the website.
Information contained on this website is of a general nature only, and does not constitute healthcare advice. Members should not rely upon any information on this website as a substitute for obtaining specific advice from a qualified healthcare practitioner.
2. Not a Healthcare Emergency Provider
The services offered by this website are neither intended nor able to address immediate urgent healthcare emergencies. If a member requires immediate urgent healthcare assistance it should contact emergency services on 000 or attend the nearest hospital emergency centre.
3. Practitioner Relationship with Member
A “Practitioner” is a healthcare provider or other services provider who appears in the address book on the website.
(a) cannot guarantee the availability of a Practitioner;
(b) will not be liable for any appointment, including any missed, wrongly or double booked, or otherwise unfulfilled appointments;
(c) will not be liable for incorrectly charged appointments;
(d) does not endorse or recommend any Practitioner; and
(e) accepts information provided by Practitioners in good faith and cannot guarantee the accuracy of such information.
The Company advises the member to make their own enquiries prior to selecting a Practitioner.
5. Limitation of Liability
The member acknowledges that:
(a) without affecting any of the member’s statutory consumer rights that cannot be lawfully excluded or limited, their use of the website and the services provided on the website are at the member’s own risk;
(b) the content and services provided on the website are provided to the Company by third (3rd) parties hence the Company is acting as a facilitator of information and not as a provider of healthcare advice and services or a provider of other healthcare related information and services;
(c) the Company provides no warranties as to:
(i) the suitability of the content provided on the website;
(ii) the suitability of the services offered on the website by Practitioners or other third parties;
(iii) the qualifications of a Practitioner or that the Practitioner is licensed with all relevant regulatory boards and/or other bodies, councils or authorities to enable the Practitioner to legally practice and deliver healthcare services in the jurisdiction in which the Practitioner Member is offering such healthcare services. Any such information provided on the website is provided by the Practitioner;
(iv) the quality of the services provided by Practitioners or other third parties; and
(v) the accuracy of the address book or bookings calendar on the website;
(d) without affecting any of the member’s statutory consumer rights that cannot be lawfully excluded or limited, the Company will not be liable for any losses or damage (however caused, including negligence and whether direct or indirect) arising from the member’s use of the website and/or the services.
The Company acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers, certain services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for their purpose. Nothing in these terms and conditions is intended to exclude or restrict the application of such laws.
6. Use of the Website
(a) The member warrants that they are over the age of eighteen (18) years and all information provided to the Company by the member is truthful and valid.
(b) The member warrants that their use of the website is for lawful purposes only and that the member will not use the website to:
(i) post or transmit any material on the website which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, or racially or ethnically or otherwise objectionable;
(ii) encourage conduct that is criminal, would give rise to civil liability or would otherwise violate any law;
(iii) harm children in any way;
(iv) impersonate a person or entity or falsely state your affiliation with a person or entity;
(v) upload, post, transmit or otherwise make available any content that infringes the rights of another party including but not limited to trademark, copyright and other intellectual property rights;
(vi) transmit or otherwise make available any material that contains software viruses or any other computer code, files designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(d) The member warrants that they will not use the website to advertise or perform any commercial or other form of solicitation that is not authorised by the Company.
(e) Each member that accesses the website to make a booking with a Practitioner warrants that they will not misuse the website or services by scheduling an appointment with a Practitioner which the member has no intention of keeping.
(f) The member acknowledges that the services and website, including any necessary software used in connection with the website (“software”), are or contain proprietary information that is protected by applicable intellectual property and other laws. The member further acknowledges that all intellectual property rights in the services, and all Company know how, software, materials and methodologies utilised in providing or incorporated into the services or the website, (collectively the “IPR”) remain vested in the Company, and the member has no rights in relation to that IPR. The member also warrants that they will not modify, publish, replicate, transmit, rent, participate in the transfer or sale, create derivative works out of or in any way exploit content, IPR and/or software, in whole or in part, contained on the website or accessible through the services.
(g) To use the website and services a member may optionally register with the Company and open an account if that option is available during the booking process. This benefits members by simplifying re-booking appointments.
(h) Each member that has registered with the Company is required to keep their personal information held by the Company up to date. It is the member’s responsibility to keep that information up to date. Any failure to keep a member’s information up to date may result in services not being able to be used either at all or effectively.
(i) Each member that confirms a booking with a Practitioner through the website undertakes to immediately contact the Practitioner directly if the member wishes to change or cancel such confirmed booking.
The member agrees to indemnify the Company, its subsidiaries, affiliates, directors, employees and agents against any demand, action, claim, loss or expense arising out of any one or more of: the content the member submits or otherwise transmits through the website; the member’s use of the website; the member’s breach of these terms and conditions; or the member’s violation of the rights of another member.
8. Account, Passwords and Security
(a) The member agrees that they will keep secure any password and account details provided to them by the Company in connection with the member’s use of the website and/or services should they have opted to create an account. The member agrees that they will be fully responsible for all activities that occur under their account and password and will notify the Company upon any unauthorised access to their account or other breach of security.
(b) The Company provides no warranties that files or programs executed and/or downloaded from this website or provided via the services are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software.
(c) The Company is not liable for any damage or interference a member may suffer in connection with use of the website or services. The member assumes the risk and liability that may arise from using the website and services and third party websites. The member should establish their own protection against viruses and other causes of damage.
(d) The Company cannot ensure the security of any information a member sends to us via the Internet during its transmission. Accordingly, any information a member transmits in this manner will be sent at the member’s own risk. The Company recommends that the member does not provide us with confidential information via the website unless it accepts the risk that the information may be lost, corrupted, or disclosed to third parties during its transmission.
(e) It is the responsibility of the member to safeguard any and all information related to the member that is published on devices utilised by the member to access the website or the services. The Company cannot ensure the security of any information that is published on devices utilised by the member and the Company is not liable for any damage, loss or liability incurred by the member as a result of a member not safeguarding access to its devices and/or the information available on them.
The website may provide, or third parties may provide, links to other World Wide Websites or other online resources (“Site”). The Company has no control over any Site and the member acknowledges that the Company will not be responsible for the availability of a Site or be liable for any content available from a Site. The member further agrees that the Company shall not be liable for any damage or loss caused by the member’s access to or reliance on a Site.
(a) The website and these terms and conditions shall be governed by and construed in accordance with the laws of the State of New South Wales.
(b) The Company may terminate or restrict the member access to any of the services at any time without notice. The Company may modify, suspend or cancel any of the services at any time.
(c) The Company may also terminate or restrict the member access to any of the services at any time without notice, in the event of the following events, behaviours or notifications:
(i) advice from a Practitioner or other source or other evidence that the member failed on 2 or more occasions without relevant or appropriate advance cancellation or other notice to the relevant Practitioner or practice, to attend appointments booked with the practice through the website;
(ii) advice from a Practitioner or other source or other evidence that the member is making false or spurious appointments, or appointments that the member has no reasonable expectation or intention that it will keep, with the relevant Practitioner or practice through the website;
(iii) any identity checks conducted by the Company indicate that, or the Company reasonably believes that, the member does not exist or that the account details registered by a member do not correspond to an individual;
(d) The Company shall have the right, at any time, to change, modify or vary these terms and conditions or any part thereof or impose new conditions, including, but not limited to, adding fees and charges for use of the website. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the website or by electronic or conventional mail or by any other means which the Company considers reasonable. Use of the website by the member after such notice shall be deemed to constitute acceptance by the member of such changes, modifications or additions.