Patient Responsibility Agreement
By continuing with this consultation I am affirming and truthfully stating, as if I was under oath, the following:
1. I am an adult of sound mind and judgement and at least 18 years of age. In the case of a patient being under the age of eighteen (18) years, a parent or guardian must accept this agreement and must be present at all consultations.
2. The medication(s) and prescription(s) that I am requesting are entirely for my own personal medical needs only. The medication(s) and prescription(s) requested are required for my condition and will not be used to sell onto any third party or used to stockpile an excess of medication beyond what is an adequate supply.
3. I, the patient, have recently undergone an examination with a registered medical practitioner who has evaluated my current condition and past medical history and deemed this to be to a satisfactory level. I can also affirm that my doctor is available for further consultation if the need arises and I agree to immediately contact my doctor for any necessary check-up, care or intervention in the event that I should experience any side effects or complications or have any questions in respect of the medication(s). I accept that the prescribing doctor or an appointed representative of MedicalChecks may contact me for any reason whatsoever even if I have not requested them to do so.
4. I confirm that I have been informed by an appropriately trained health care professional and fully understand the benefits, possible side effects and risks of the prescription medicine(s) I may request. I have also studied written or internet materials on these treatments including various links and websites that offer in-depth material on the subject.
5. I also affirm that I have used the medication(s) I am requesting under a doctor's supervision and that their use was safe and free from side effects. I also state that I have been advised by my examining doctor that the use of the medication(s) is not contraindicated for me and is appropriate for my personal medical needs.
6. By completing this consultation, I am requesting that an Australian registered doctor act only in an adjunct capacity to my examining general practitioner. I do not wish for this prescribing doctor to replace my regular doctor.
7. I agree to immediately contact a doctor for any necessary medical intervention should a complication or side effect manifest whilst using the medication(s) or at any time thereafter. Before taking any other new medicines, I agree to first obtaining approval from a registered medical practitioner or pharmacist and take full responsibility for doing so.
8. I affirm that all the questions answered in the consultation have been done so honestly and to the best of my knowledge, in the same way I would answer a ‘face-to-face’ consultation with my regular doctor. I understand that full disclosure is essential in maintaining my personal safety for the requested medication(s). I will without fail adhere to this condition of disclosure at all times.
9. As a further affirmation of the previous point, I have openly disclosed all information regarding my medical history that may be relevant. I have in no way omitted or misrepresented any information during the consultation process.
10. I fully understand that there are risks as well as benefits associated with and to the use of any medication or treatment(s). I have not been forced to undergo treatments and or medications that I have or may request and do so out of my own free will.
11. If requesting anti-hypertensive medication, I agree to monitor my blood pressure on a regular basis and consult my examining doctor immediately if my blood pressure is higher than 140/90 (if the top number is greater than 140 or the bottom number is greater than 90).
12. I am permitted by law to use the credit card used to purchase the medication(s) or treatment, if my request is approved.
13. I agree that by proceeding with this request for the chosen medication(s), I am voluntarily agreeing to all of the above mentioned points. I understand that by continuing, I irrevocably bind myself to the terms and conditions contained herein.
Use of the website www.medicalchecks.com.au (the 'Site') is subject to these terms of service ('Terms') and all applicable laws, either of which may be revised or varied at any time without notice. By accessing or using the Site, You accept and agree to be bound by these Terms, as varied from time to time.
What is MedicalChecks?
We operate an online platform to facilitate the treatment of people ('Patients') by Australian registered General Practitioners ('Doctors') via videoconference.
The Doctors we work with offer medical consultations ('Consultations') with Patients who book appointments using the Site by examining and taking their medical history via videoconference and other technologies, without physically examining them or meeting them in person ('Telehealth').
Like local General Practitioners ('GP's'), many factors may impact on the availability of Doctors or the operation of technology and whilst We endeavour to make Telehealth available at all times, the making of a booking on the Site does not guarantee that medical treatment will be available at a specified time, or at all.
Not Medical or Healthcare Advice
You acknowledge and agree that We are not a medical or healthcare provider and are not liable for any medical or healthcare services booked using the Site. All medical and healthcare related queries should be directed to a Doctor. We do not warrant or represent that any particular medication or treatment (including medication or treatment provided by a Doctor during a Consultation) is safe, appropriate or effective.
Information contained on the Site (other than information provided by a Doctor during a Consultation) does not constitute medical or healthcare advice. Patients should not rely upon information on the Site as a substitute for obtaining specific advice from a Doctor or other qualified healthcare practitioner.
No Emergency Service
The services offered by the Site 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.
Not a substitute for ongoing medical care
The services offered by the Site 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 health needs.
Patients are encouraged to schedule follow-up visits with their primary physician.
Accuracy of Patient Information and History
Like ordinary GP services, the effectiveness of any Doctor's service is dependent on complete and truthful answers to all questions asked to assess the appropriateness of treatments and medications for Patients. The Patient (or guardian of a Patient, if applicable) understands and agrees that they must:
answer all questions asked;
be accurate and fulsome in their answers; and
report any new (since last consultation with their usual GP) symptoms or worsening of condition
Limitation of Liability and Indemnity
You acknowledge and agree that We are not liable for the care of a Patient or for any medical, healthcare or other advice (including prescriptions) given by a Doctor.
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 other any services provided by a Doctor to a Patient (including any medications prescribed by a Doctor and the quality or suitability of any services provided by a Doctor);
any personal injury, mishap or death or any alleged or actual malpractice or negligence by any Doctor;
Your failure to answer any questions truthfully, or to provide any information requested by Us or a Doctor; and
Your use of the services offered by the Site.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND DOCTORS ON DEMAND, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY US ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. WE DO NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES OFFERED ON THE SITE WILL MEET YOUR REQUIREMENTS.
Nothing in these Terms or otherwise is intended to exclude or limit the operation of the Australian Consumer Law or any other laws implying terms, conditions or warranties into contracts for the supply of goods or services which cannot be excluded. Subject to this clause, and to the fullest extent permitted by law, all implied rights, remedies, guarantees, conditions and warranties are hereby excluded.
Regarding the use of the Site
The Site offers a convenient service for Patients with straightforward, non-emergency medical needs. By accessing the Site, 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;
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 Doctor during a Consultation or otherwise;
We do not guarantee that a Doctor 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, during the Consultation You/they will have a hearing assistance device;
You are responsible personally for the costs of the Consultation in accordance with these Terms;
if, during a Consultation, a Doctor considers that the Patient needs further treatment or examination, You will seek that as soon as possible (and that neither We, nor the Doctor, 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 Site 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 Site without notice at Our sole discretion; and
if a Doctor prescribes medication or a treatment for a Patient, and the Patient suffers from any noticeable side-effects, You will notify Us so that the Doctor can fulfil their duty of after-care.
Payments and Refunds
Payment options are displayed on the Site. 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 pre-authorised on the credit card provided and You agree that We are authorized to immediately process the payment at the end of Your Consultation. You will never be charged more than the pre-authorised amount. The Consultation fee will be refunded if the Doctor cancels the appointment, or if there is a technological failure that prevents an effective Consultation between Patient and Doctor. Technological failure is assessed and logged by the Doctor. The Consultation fee is generally not refundable if You, as a Patient, cancel an appointment within 10 minutes prior to it starting or fail to attend at the scheduled time.
Consultations and Availability of Doctors
We cannot guarantee that a Doctor assigned to take a Consultation will be available at the appointed time. However, if a Doctor is unavailable, we will endeavour to source an alternate and 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 Doctor (e.g. the gender of their Doctor 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 Doctor has full discretion to:
interrupt or re-schedule a Consultation;
discontinue a Consultation; or
decline to treat You / the Patient,