These general terms and conditions (Terms) apply to the provision of the below services by TeleOralMedicine Pty Ltd (TeleOralMedicine).
The Terms apply to your use of the TeleOralMedicine website, virtual consultations arranged via TeleOralMedicine, any related mobile or tablet applications and any related third party platform (Services).
The Terms are a legal agreement between you and TeleOralMedicine in relation to your use of the Services and such use by you constitutes your acceptance of the Terms.
By accessing, browsing or using any of our Services, you are taken to have read, understood and agreed to be bound by the Terms.
If you do not agree to the Terms, you are not permitted to use the Services.
TeleOralMedicine does not itself provide any medical or health service. It provides a platform by which you can remotely connect and interact with an oral health specialist (Specialist) by way of a virtual consultation.
TeleOralMedicine does not guarantee that a virtual consultation is the appropriate course of action for any oral health condition you may have, or that a virtual consultation will resolve any such condition. The Specialist has the sole discretion to decide whether or not a virtual consultation will meet your needs, whether or not to provide any particular service and to determine the services required.
Physical examination, physical treatment, or other similar services cannot be delivered via a virtual consultation. If a Specialist deems it appropriate, he or she will refer you for an in-person consultation.
If you are referred for an in-person consultation, there is no guarantee that you will be referred to the same Specialist who conducted your virtual consultation. The Specialist will determine the details of the referral, taking into account your symptoms, information provided by you and your location.
TeleOralMedicine does not employ any Specialists. Nor does it have any financial interest in the referral of patients by Specialists for in-person consultations.
Any specific medical or health information provided to you by TeleOralMedicine has been prepared by the Specialists and is forwarded to you by TeleOralMedicine in good faith.
You or your nominated carer consent to information about yourself, your health and your current medications including, but not limited to, the information you divulge to TeleOralMedicine and/or the Specialist prior, during or after your virtual consultation to be viewed and exchanged by and between TeleOralMedicine and any Specialist for the purpose of conducting the virtual consultation and, if necessary, determining an appropriate referral. You understand this information may be exchanged electronically. All Services are provided on a ‘best endeavours’ basis.
3. Your obligations
You agree to provide all information reasonably requested by TeleOralMedicine or a Specialist and warrant to TeleOralMedicine that all information which you provide is true and fully complete.
You must inform and keep TeleOralMedicine and the Specialist informed of any side effects or other issues arising from any treatment received via the Services.
You agree to contact your own doctor, dentist or other health care professionals immediately if directed to do so or if your condition changes or your symptoms worsen.
Where relevant, you must inform your doctor, dentist and any other health care professionals about any treatment received via the Services.
If a Healthcare Provider prescribes any medication, you must carefully read all product packaging and patient information supplied with the medication. If your medication appears to be damaged or wrongly dispensed or delivery is delayed, you agree to contact the dispensing pharmacy to seek advice and replacement as required.
If you do not understand any question, assessment or advice which arises during provision of the Services, you should seek clarification from TeleOralMedicine or the Specialist immediately.
4. The Service
You acknowledge there are limitations to the Services and agree that a virtual consultation is not the equivalent of an in-person, face to face consultation. These limitations include reliability of technology/internet connectivity, accuracy of diagnosis due to photo/video quality and lack of tactile feedback. You acknowledge and agree that, due to these limitations the Specialist is not able to reliably assess, diagnose, or treat certain conditions, including but not limited to the following:
Enlarged and painful lymph nodes
Sinister subclinical pathology
Cranial nerve examination
Direct visualisation of oral pathology that is beyond the visualisation of a visual frame of the camera
Painful jaw joints, muscles, and salivary glands
You are required to pay for the virtual consultation in advance at the time of booking.
TeleOralMedicine takes no responsibility for internet or technology connectivity, range, speed, stability or performance. It is your responsibility to ensure internet speeds and stability on your end of the connection are adequate for the virtual consultation.
In the event that a virtual consultation cannot proceed as scheduled due to a technical problem experienced on your end of the connection (as determined by TOM and/or the Specialist, at their absolute discretion):
if both you and the Specialist agree, the consultation may proceed by way of audio communication only; or
you may reschedule the virtual consultation; or
you may elect not to reschedule the virtual consultation in which case you will be refunded 50% of the amount paid by you.
You and your Specialist are responsible for all information and communication sent during a virtual consultation. The Services are offered on an “as is” basis and used by you solely at their own risk.
TeleOralMedicine makes no warranties as to the content of any medical consultation conducted through the Service.
In the event that a virtual consultation cannot proceed as scheduled due to a technical problem experienced on TeleOralMedicine’s or the Specialist’s end of the connection, or where your Specialist has become unavailable due to matters beyond TeleOralMedicine’s control, TeleOralMedicine will use all reasonable endeavours to reschedule the consultation as soon as possible and at a time convenient to you. If rescheduling is not possible, TeleOralMedicine will offer you a refund of any amount paid.
If you provide notice to TOM of a cancellation of a virtual consultation and that notice is given at least 48 hours prior to the scheduled consultation time, you will receive a full refund of any amount paid in respect of the consultation, or may choose to have the funds applied to a rescheduled consultation.
If you provide notice to TOM of a cancellation of a virtual consultation but that notice is given less than 48 hours prior to the scheduled consultation time, you will receive a 50% refund of any amount paid in respect of the consultation, or may choose to have the funds applied to a rescheduled consultation. TOM may in its absolute discretion grant you a refund greater than 50%.
In the event that you, without notice to TOM, do not connect to the virtual consultation and are uncontactable by TOM and/or the Specialist for 10 minutes after the scheduled time of the consultation, any amount paid by you in respect of the booking will be forfeited.
5. Prescriptions and Diagnostic Tests
You agree any medications prescribed for you by a Specialist as part of the Services will be issued by the Specialist electronically, or by post to a registered Australian pharmacy for a pharmacist to dispense the medication specified and post it to you at the delivery address you provide, or the prescription posted to an address selected by you. You are responsible for paying the pharmacy for dispensing and supply of medication.
Prescriptions are issued entirely at the discretion of the Specialist. TeleOralMedicine cannot guarantee a consultation with a Specialist will result in a prescription being issued.
You or your carer are responsible to fill the prescription at your preferred pharmacy. If there are any repeats on the prescription, you must arrange with the pharmacy for your next supply of your medicine.
You agree to inform your doctor, dentist and other health professionals about medication supplied to and taken by you following the issue of a prescription to you by a Specialist.
The Specialist may, at their discretion, refer you for blood testing and/or radiology, which referrals will be provided to you electronically. You are responsible for attending your local pathology or radiology centre to fill the referrals and for all payments in relation thereto. In the event you are referred for blood testing and/or radiology, the Specialist will also refer you to an in-person consultation for follow-up.
6. Release of liability
You release TeleOralMedicine from all responsibility and liability for health and medical matters relating to you including information and advice provided to you about those health and medical matters via the Services and you acknowledge these matters are the responsibility of the Specialist.
You agree TeleOralMedicine is not liable for any loss, damage, injury, death, expense, charge, action or proceeding arising directly or indirectly or in any way connected to any act or omission by the Specialist in relation to your health and medical matters or the Services (Claims) and you hereby forever release and discharge TeleOralMedicine from any and all liability for any such Claims.
You agree that neither TeleOralMedicine nor any Specialist is responsible for loss or damage arising directly or indirectly by you failing to provide true or complete information or failing to comply with any of your obligations under the Terms.
TeleOralMedicine is committed to complying with the Australian Privacy Principles and all relevant State and Territory privacy legislation (referred to as privacy legislation).
TeleOralMedicine collects personal information from individuals using fair and lawful means in the course of its business so that it can conduct its business and the Specialist can provide the best possible care and treatment for you. This information may be collected by various methods including electronic submission and written and verbal communications between any of you, TeleOralMedicine, a Specialist, your medical GP, dentist, nurses or other health care professionals.
Collection of your relevant health details may include notes, photos, videos, imaging or voice recordings either by you, TeleOralMedicine, a Specialist or your health care representatives and may contain information relating to health history including family history, ethnicity, travel history or lifestyle.
You have the right not to disclose personal information. However, this may hinder or prevent the Healthcare Provider from providing or completing the consultation.
Notes are taken during and after your consultation; these will also form part of your patient record.
TeleOralMedicine and the Specialist may take a full recording of your virtual consultation and you hereby consent to any such recording. Your consent will be verbally confirmed at the outset of any virtual consultation which is to be recorded.
TeleOralMedicine may also use your personal information for audit activities; risk, legal and claims management; patient satisfaction surveys; and for staff training and education.
TeleOralMedicine will only disclose your personal information to third parties with your consent, or as otherwise permitted in limited circumstances by law. For example, TeleOralMedicine may disclose your personal information without your consent in a medical emergency (where you are unable to provide your consent) or where disclosure is mandatory under the law (such as the notification of certain diseases).
Your personal information may be stored in electronic or physical form.
TeleOralMedicine or its subcontractors may use cloud technology to store or process your personal information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of offshore activity. All of our subcontractors, however, are required to comply with the Australian privacy legislation in relation to the transfer or storage of personal information overseas.
If you have a complaint about the privacy of your personal information, please contact TeleOralMedicine in writing. Upon receipt of a complaint, TeleOralMedicine will consider the details and attempt to resolve it in accordance with our complaints handling procedures.
If you are dissatisfied with our handling or the outcome of a complaint you may make an application to the Australian Information Commissioner or the Privacy Commissioner in your State or Territory.
You may request access to your patient record held by TeleOralMedicine by making a request in writing to TeleOralMedicine. All requests will be attended to within a reasonable time.
There may be a fee for the administrative costs of retrieving and providing you with a copy of your patient record.
TeleOralMedicine may deny access to your patient record in certain circumstances permitted by law, for example, if disclosure may cause a serious threat to your health or safety. TeleOralMedicine will always inform you why access is denied and the options you have to respond to such a decision.