Instdoc is an app and website that allows health practitioners, patients and their carers to participate in telehealth and medical consultations by voice and video conference. We provide the service that allows patients and carers to request and “attend” consultations with health practitioners who also use the Instadoc Service. We also provide the software, which gives registered health practitioners and approved officers the ability to record and review consult notes and medical documents. If you require immediate emergency medical attention, call 000 DO NOT USE THIS SERVICE, AND CALL 000 IF: - having chest pain - difficulty breathing - having severe bleeding - having or think you are having an emergency No Liability to Participating Pharmacies. This Agreement is only between You and Instadoc, and no contractual relationship exists between You and any Participating Pharmacy. The Instadoc Service, the App, the Website, the introduction of You to an Instadoc Health Practitioner, and any other goods or service in connection with any of the foregoing are provided to You by Instadoc pursuant to the Instadoc Terms & Conditions, and not by the participating pharmacy. To the maximum extent permitted by law, You agree that the Participating Pharmacy will not be liable, and You release the Participating Pharmacy and each of its shareholders, directors, officers, emnployees, agents and contractors from any liabililty in respect of any loss, damage, expense, cost or claim by or against You or Your Related Parties (whether contractual, tortious, statutory or otherwise) for any direct or indirect, special, incidental or consequential damage or injury, including but not limited to any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Instadoc Service, the App, the Website or the provision of any other goods or services under this Agreement, and whether as a result of negligence, breach or default or otherwise by the Participating Pharmacy, or any of its shareholders, directors, officers, employees, agents and contractors. Except where otherwise stated, defined terms in the above paragraphs have the meaning given to them in the Instadoc Terms and Conditions. By using the Instadoc Service, you agree to the following terms of use. Terms of Use 1. Definitions 1. Instadoc Health Practitioner means a health practitioner who provides medical consulting services through the App and Website. 2. App means the Instadoc software app developed by us for providing the Instadoc Service. 3. Website means the Instadoc website developed by us for providing the Instadoc Service. 4. Instadoc Service means the services provided through the App and Website, including booking, billing and medical consultation services. 2. Application of Terms 1. These Terms of Use apply to any person who downloads the App, visits the Website and uses the Instadoc Service. 2. If you do not agree with these terms of use, you must not use the Instadoc Service. 3. Eligibility 1. You may only use the Instadoc Service: 1. for yourself, for your dependent child or relative, patient in your care; and 2. if you or your organisation is registered as an Instadoc user. 2. If we, or an Instadoc Health Practitioner determine that you are ineligible to use the Instadoc Service, or that the Instadoc Service is inappropriate for you, then we, or the Instadoc Health Practitioner, may refuse you access to the Instadoc Service. 4. Services Provided 1. We provide the App and Website for use by patients, carers, and health practitioners to conduct telehealth and medical consultations. 2. We provide services that allow the telehealth and medical consultations to occur, such as booking, billing systems and medical record storage. 3. We do not provide medical services. These are provided by the independent Instadoc Health Practitioners who have elected to use the Instadoc Service. 4. We may terminate, cancel or suspend any part of the Instadoc Service at any time without notice. We are not liable for any loss or claim arising from such a decision. 5. Medical Services 1. Instadoc Health Practitioners are responsible for all medical services they provide through the Instadoc Service, including assessing the suitability of the Instadoc Service for your medical issue and keeping adequate medical records. 2. As such, we do not: 1. warrant or guarantee the quality of any medical services provided through the Instadoc Service; or 2. endorse any particular Instadoc Health Practitioner. 6. Telehealth Services 1. Telehealth services provide a convenient and easy way to access medical services, however telehealth is not a substitute for in person medical consultations. 2. In some cases, the outcome of a telehealth consultation may be that you need to attend an in-person consultation. 3. If you require urgent medical attention, you should contact your local emergency services. 7. Acceptable Use 1. You must use the Instadoc Service: 1. only for the purpose for which it was designed; and 2. in a manner that respects other users and Instadoc Health Practitioners. 2. You must not use the Instadoc Service: 1. for any illegal or unlawful purpose; or 2. to encourage any other person to do any of those things; or 3. in a way that damages, or is reasonably likely to damage, our reputation, or the reputation of the App, Website or Service. 3. You must not record any consultation provided through the Instadoc Service. 8. Fees 1. For each consultation provided through the Instadoc Service you will be charged a fee as determined between us and the Instadoc Health Practitioner. 2. We are the agent of Instadoc Health Practitioners for the purposes of billing. We will charge you on the Instadoc Health Practitioner’s behalf. 3. Unless clearly stipulated, services provided through the Instadoc Service do not attract Medicare benefits. For each consultation you will be liable for the whole of the fee; either through Medicare benefits or a private fee. 4. We are not responsible for any fees you incur in receiving services through the Instadoc Service (e.g. internet connection or mobile data fees). 9. Termination of Service 1. We may terminate, limit or suspend your use of the Instadoc Service at any time. 2. If we terminate your use of the Instadoc Service in accordance with these terms of use, we will continue to retain and deal with your information in accordance with any applicable legislation. 3. We will maintain a termination procedure for you to terminate your use of the Instadoc Service. 4. You may terminate your use of the Instadoc Service by following the termination procedure we have in place at the time of termination. 5. You may not terminate your use of the Instadoc Service if you have any fees outstanding for your use of the Instadoc Service. 6. If you terminate your use of the Instadoc Service, you will remain liable for any fees incurred prior to termination. 10. Intellectual Property 1. We are the owners, or licensees, of all intellectual property in the App and Website. 2. Nothing in this agreement has the effect of transmitting any of our intellectual property in the App and Website to any other person. 3. You are granted a limited right to use the Instadoc Service in accordance with these terms of use. 4. You must not do anything that infringes, attempts to infringe, or is reasonably likely to infringe, any intellectual property in the App and Website. 11. Confidentiality 1. You acknowledge that we will store your information, including your Patient Record, in order to provide you with the Instadoc Service. 2. We will collect, manage and deal with your information in accordance with: 1. any applicable privacy laws, including laws relating to health information; and 2. our Privacy Policy, which is available at instadoc.com.au. 3. You consent to us using your information for the purposes of: 1. providing medical services to you through the Instadoc Service (including disclosing your Patient Record to registered Instadoc Health Practitioners and approved officers when required); and 2. for improving the Instadoc Service. 12. Liability and Indemnity 1. You acknowledge and agree that: 1. you are responsible for your use of, and access to, the Instadoc Service; 2. you are responsible for ensuring that others do not access the Instadoc Service in your name; 3. we are not liable for any loss, claim or proceeding relating to your use of the Instadoc Service. 2. You agree to indemnify us against any loss, claim or proceeding relating to your use of the Instadoc Service except to the extent that the liability, loss, claim or proceedings are attributable to our acts or neglect, or the acts or neglect of those for whom we are legally liable. 3. To the maximum extent permitted by law, you expressly understand and agree that neither Instadoc, any content owner or third party licensor, nor their respective directors, officers, employees, agents, contractors, subsidiaries or affiliated companies will be liable for any indirect, incidental, punitive, special, consequential or exemplary damages (even if Instadoc have been advised of the possibility of such damages) or loss of any kind arising from your use of the Instadoc Service or from content, information, materials or products included on or otherwise made available to you through the Instadoc Service, or for any damages in excess of the amount paid for the specific item of service giving rise to the applicable claim for damages. Instadoc shall use reasonable efforts to protect personal information submitted by you in connection with the Instadoc Service and shall use such information in accordance with the Privacy Policy. You acknowledge and agree that your submission of any information, documents, or images is at your sole risk, and to the maximum amount permitted by law, Instadoc hereby disclaims any and all liability to you for any loss or liability relating to such information in any way. 13. Disputes/Complaints 1. If you have any dispute or complaint arising out of your use of the Instadoc Service, you may notify us by: 1. sending an email to booking@instadoc.com.au; or 2. calling +61488883155. 2. If your dispute or complaint relates to matters for which we are responsible, then: 1. you must notify us of the nature of the dispute as soon as practicable; 2. our nominated representative will discuss the dispute with you; and 3. if that discussion fails to resolve the issue, then the matter shall be referred to an independent third party selected by agreement between you and us or, in the absence of agreement, by the President of the New South Wales Law Society. 3. The expert must make a decision on the dispute. Both parties are bound by the expert’s decision. 4. The cost of the expert will be equally shared between the parties. 5. You may not commence any proceedings against us in any Court or Tribunal unless the process for resolving disputes with us has been followed. 6. If your dispute or complaint relates to matters for which an Insadoc Health Practitioner is responsible, we may refer the complaint to them. 7. You acknowledge that we have no other responsibility for resolving complaints relating to matters for which an Instadoc Health Practitioner is responsible. 14. Miscellaneous 1. These terms of use are governed by the laws of New South Wales. 2. Any invalid, unenforceable or illegal part of these terms of use is to be treated as being omitted from the terms of use. The remaining terms of use continue to apply. 3. You may not assign or transfer any rights under these terms of use without our written consent. 4. These terms of use comprise the entire agreement between you and us in relation to your use of the Instadoc Service.