TERMS OF USE/TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY AS BY ACCESSING OR
USING THIS INTERNET-BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS
DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE
TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET-BASED PLATFORM.
Last updated: May 24, 2024
INTRODUCTION
This Website https://www.emindally.com/ is operated by eMindAlly
Pty Ltd., an Australian private company registered under ABN 59 642 377 464 and
ACN 642 377 464, with the locality of its registered office at OATLANDS, NEW
SOUTH WALES, 2117, Australia. The aim of this Website is to provide information
about Services offered by Us to the public. We strive to ensure the accuracy of
information on this Website and update it as necessary.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalized have
meanings defined under the following conditions. The following definitions
shall have the same meaning regardless of whether they appear in singular or in
plural.
Definitions
APP refers
to the Australian Privacy Principle and has the meaning given in the Privacy Act.
"Clinician/s" refers to Psychiatrists,
Psychologists, Accredited Social Workers, or Mental Health Counsellors.
"Client" refers to the person receiving
telehealth services and can be written as You, Your, User, Patient in these Terms.
"eMindAlly
Pty Ltd"
refers to the Company and can be written as eMindAlly,
"the Company", "We", "Us" or "Our" in
these Terms.
Identification information imports its meaning as defined
under the Privacy Act in general and includes the information
that We collect ,use ,store and/or disclose as provided under our Privacy Policy (https://www.emindally.com/privacy-policy)
in particular.
"Privacy Act" means Privacy Act 1988 (Cth) and "Privacy Law" means the Privacy Act and
any other Law or enforceable codes and guidelines regulating the collection,
use and/or disclosure of Identification and Sensitive Information that apply to
the Company or by which the Company is bound.
Sensitive Information imports its meaning as defined under the Privacy Act in general and includes the information that We
collect, use, store and/or disclose as described under our Privacy Policy (https://www.emindally.com/privacy-policy) in particular.
"Terms and Conditions/ Terms of Use are the standard terms and
conditions set forth in this document and include any special terms agreed in
writing between the Client and eMindAlly Pty Ltd.
Visitor refers to an individual / entity
who uses the Website only for the purpose of browsing.
ACKNOWLEDGMENT OF THESE TERMS OF USE
These are the Terms and Conditions
governing the use of this Service and the agreement that operates between You
and the Company. These Terms and Conditions set out the rights and obligations
of all Users regarding the use of the Service. Additionally, wherever
applicable these Terms shall also apply to Visitors and Clinicians. Your access
to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions.
By accessing or using the Service
You agree to be bound by these Terms and Conditions. If You disagree with any
part of these Terms and Conditions, then You may not access the Service.
You certify that you are over the
age of 18 years or if you are under the age of 18 years that you have consent
from a parent or guardian. Consent will include providing your guardians name
and contact details. We also require an email from Your guardian/parent to
confirm their consent before Your first appointment. Only adults who can form
legally binding contracts will be able to appropriate and access Our Services.
By using Our Website, You certify that You have consent from a parent or guardian
who is 18 years of age or older, competent to assume legally-binding
obligations, and has resources available to fully honor
those obligations that you undertake. If you are the legal guardian of another
person who is in need of Our Services , You hereby
accept full liability for any harm caused by their wrongful use of Our
Services. Additionally, eMindAlly reserves the right
to refuse, limit, and/or restrict our services to anyone, for any reason, at
any time, and at Our sole discretion.
Your access to and use of the Service is also conditioned on
Your acceptance of and compliance with the Privacy Policy of the Company (https://www.emindally.com/privacy-policy). Our Privacy Policy describes Our
policies and procedures on the collection, use and disclosure of Your
Identification and Sensitive information when You use the Website and tells You
about Your privacy rights and how the Privacy Act protects You. Please read Our
Privacy Policy carefully before using Our Service.
WHO DO THESE TERMS APPLY TO AND WHAT DO THEY INCLUDE?
1. You can use Our Website as a
Clinician. Clinicians
at eMindAlly agree to practice in accordance with the
Ethics Codes and Codes of Conduct as provided by the Australian Psychological
Society (APS)APS Code of Ethics or Medical Board of Australia Good
Medical Practice - Code of Conduct for Practitioners in AustraliaGood medical practice: a
code of conduct for doctors in Australia, and the
Australian Health Practitioner Regulation Agency (AHPRA). These terms are
applicable to the Clinicians in addition to the individual and respective
Contract between the Clinician and the Company.
2.You can use Our Website as a
Visitor, which means you decide to use Our Website passively without actively
engaging in a specific transaction or interaction beyond browsing.
3.You can use Our Website as a
Client.
These terms will apply however you use Our Website.
We grant You the right to access and
use of the Website in accordance with your relevant authorization (that is, as
a Clinician, Visitor, or Client). The right to use the Website is non-exclusive, non-transferable, and
limited by and subject to these Terms. Your use of the Online Services
(including any Information), these Terms of Use, and any dispute arising out of
such use of the Online Services (including any Information)
or these Terms of Use are subject to the laws of New South Wales, Australia.
You submit to the non-exclusive jurisdiction of the Courts of New South Wales
and any Courts of Appeal from them.
IMPORTANT INFORMATION
OUR ONLINE SERVICES ARE DESIGNED ONLY FOR PEOPLE WHO ARE
LOCATED WITHIN AUSTRALIA AND ARE NOT INTENDED FOR USE IN EMERGENCY SITUATIONS.
IF YOU ARE SUFFERING AN ACUTE ILLNESS OR EMERGENCY CONDITION, CALL TRIPLE ZERO
(000) AND ASK FOR AN AMBULANCE.
1.
eMindAlly is an online mental health platform that
provides telepsychiatry services via teleconsultation to the Clients. Whenever
We use the words "Your Clinician" or "Your doctor" or
similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual,
mutually acknowledged, doctor-patient relationship. The Information contained
in, or accessed through, the Website is for your general information and use
only and is not intended to be or be used as medical advice.
2.
eMindAlly does not replace Your relationship with Your
Clinician. The information interpreted SHOULD
NOT be relied upon as a substitute for sound professional medical advice,
evaluation, or care from Your Clinician.
3.
You acknowledge that the Clinicians empanelled with Us are
independent contractors and thereby eMindAlly has an
independent contractor relationship with them and therefore in no event We will
be directly or vicariously liable for any advice or medical consultancy or any
loss arising therefrom that the Clinicians may provide to You or You may avail
as part of the Services.
4.
You acknowledge that although some of the content, text, data,
graphics, images, information, suggestions, guidance, and other material
(collectively, Information) that is provided to You on the Website [or when
You submit the Enquiry Form or the Intake Form or when contacted via telephone
on the submission of Enquiry Form on the Website ] may be provided by
individuals in the administrative capacity, the provision of such Information
does not create a Doctor/Clinician-patient relationship, but is provided to
inform You on various medical conditions, medical diagnosis and treatment and
it does not constitute a direct medical diagnosis, treatment or prescription.
Everything on the Website/Email/Phone/Enquiry and Intake forms or any
attachment in the email should be used for information purposes only.
5.
Any kind of personal medical advice, treatment or diagnosis are
not permitted through Our Website, and by using the Website You agree not to
solicit or use any information as if it were personal advice, treatment, or
diagnosis. Whenever You want personal medical advice, treatment, or diagnosis,
after the completion of all administrative formalities You will be able to
personally consult the designated Clinician via HALAXY [https://www.halaxy.com/] which is third party patient management system
that We use to provide You with the Services along with ZOOM[https://zoom.us/] for conducting teleconsultation.
6.
The inclusion of these Clinicians on the Website does not imply
recommendation or endorsement of such specialists nor is such information
intended as a tool for verifying the credentials, qualifications, or abilities
of any specialist contained therein. Such information is provided on an as-is
basis and eMindAlly disclaims all warranties, either
express or implied.
7.
Information provided (if any) may be used to assist you to manage
non-acute medical conditions and map you with a Clinician. It shall in no
manner be considered as a diagnostic tool. Any information provided through the
Website and use of these services shall not be considered as medical advice,
nor it is a substitute for independent professional advice and should not be
used or relied on as an alternative to professional health care. If you have a
particular medical problem pertaining to psychiatry, please consult a
Clinician.
8.
The Website may not be used for illegal purposes. The Information
and Services may not be used for any illegal purpose. You may not access our
networks, computers, or the Information and Services in any manner that could
damage, disable, overburden, or impair them, or interfere with any other
person's use and enjoyment. You may not attempt to gain unauthorized access to
any Information or Services, computer systems, or networks connected with the
Website, the Information, or Services. You may not use any automated means
(such as a scraper) to access the Website, the Information, or Services for any
purpose. Such unauthorized access is an express and direct violation of these
Terms of Use and of applicable law(s), including relevant privacy and security
laws and laws prohibiting unfair or unethical business practices.
9.
Your right to use the Services is not transferable.
10. Clients who sign up for
the services by filling the Enquiry Form implicitly agree to the Terms and
Conditions outlined here and in our Privacy Policy [insert Privacy policy
link]. Enquiry form needs You to provide Your Name, Mobile number, and Email Id
and hence we insist You read our Privacy Policy to make an informed decision
regarding how Your Personal Information is collected, stored, used and shared.
Once the Enquiry form is submitted, we will require following details in the
Intake form for Us to deliver the best professional service. After filling of
the Intake Form and processing of the responses provided by You including the
review of the referral by Your General Practitioner (GP), our administrative
staff shall allocate a Clinician for You based on the client's condition and
symptoms vis a vis specialisation and the availability of the Clinician. After
a referral is allocated and reviewed, Clinicians will provide reports to the
referring doctor based on the client's condition and symptoms. Clients must
follow up with their referring GP to implement the recommended management
plans.
PRIVACY AND INFORMATION HANDLING
We handle clients' personal Identification Information with
the highest level of privacy and professionalism. For more details, please
refer to our Privacy Policy available on our website [insert hyperlink to
privacy policy].
The Privacy Policy sets out:
- the
type of information collected from Clients, including Sensitive
Information and personal Identifiable Information.
- the
purpose, means and modes of usage of such information; and
- how
and to whom eMindAlly will disclose such
information.
- the Clients are expected to
read and understand the Privacy Policy, to ensure that he or she has the
knowledge of the fact that the information is being collected; the purpose
for which the information is being collected; the intended recipients of
the information; and the various rights available to such Users in respect
of such information.
By accepting these Terms of Use of the Website, You consent to be contacted by Us and further consent to
receive Calls, emails and messages (SMS) notifications by the Company and
information from Us for Service delivery related issues.
FEES AND BILLING
Contacting us by way of email/phone number or by way of
filling the Enquiry form is free. eMindAlly does not
charge any fee for accessing or browsing through the Website. Most services
provided by Clinicians are privately charged depending on the nature and the
type of Service provided with eligible Medicare rebates. The details of the fee
are provided to the Client after the submission of the Enquiry form and
completion of the administrative formalities. eMindAlly
administration will inform clients of the fees/fee schedule in advance along
with the details of the Medicare rebates as applicable.
Kindly note that the appointment will only be confirmed once the payment has been made through direct transfer to Our account. The link for the Online Telehealth Consultation via ZOOM shall be mailed once the Total Fees has been paid.
You need to send us payment proof for transactions You make
to eMindAlly via bank transfer so that your payment
can be reconciled accordingly. If there are delays, you are expected to follow
up with your bank and check on such matters. All prices quoted are in
Australian dollars.
APPOINTMENTS AND CANCELLATIONS
We will use Your mobile phone (or any other mode of
communication being used by the Company) to send you a reminder of your
appointment at eMindAlly. You MUST confirm this by
responding to the text as soon as possible after receiving. If You cannot
attend Your appointment, You MUST notify us with at least 24 hours notice.
We charge a cancellation fee of $100
if you do not attend and have not notified Us with 24 hours advance notice.
Additional charges may apply for appointment changes, or
document preparation when sent to a different Clinician than the allotted one.
All quoted prices shall be valid until changes are implemented by eMindAlly. We
reserve the right to change fees and alter our billing process at Our sole
discretion.
Our Company utilizes a third-party Patient and Practice
management system software HALAXY. This platform allows our Clinicians to
connect with Clients manage appointments and maintain patient records. We
collect identifiable
information and sensitive data from You
RECORD KEEPING AND DATA STORAGE
At eMindAlly, Our
administrative staff will make adequate records and keep these records for a
minimum of seven (7) years after the last Client contact. Your records will be
kept by means which complies with the Privacy Act and law and in compliance
with Australian Privacy Principles. At the expiration of this period, the
records will be disposed of by way of electronic deletion.
SYSTEM REQUIREMENTS
Some Online Services will require your computer, telephone,
internet access, device, and associated equipment to meet
NON-EMERGENCY SERVICES
eMindAlly does not offer emergency or crisis
services. The platform is designed for non-emergency situations. For
emergencies, clients should contact local mental health services, call 000, or
visit an emergency department. Lifeline is also available for crisis support at
13 11 14.
MEDICAL ADVICE DISCLAIMER
eMindAlly is not a medical or healthcare
provider and does not assume liability for medical or healthcare services
obtained through our platform. All healthcare practitioners practice
independently. Clients should consult with qualified healthcare practitioners for
medical inquiries. Information on the eMindAlly
platform is not a substitute for professional medical advice.
INTELLECTUAL PROPERTY RIGHTS
The domain name https://www.emindally.com/, an internet-based portal is owned
and operated by eMindAlly Pty Ltd.
All intellectual property rights in
the Online Services and Information, including (without limitation) text,
graphics, architecture, and coding (including any copyright subsisting in
them), is owned by eMindAlly or licensed to us. You
may access and download the Information on or from the Website where available
to the extent permitted and in accordance with these Terms of Use and any
relevant Additional Terms, but you may not, unless otherwise permitted by law,
modify, publish, transmit, distribute, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the Information in whole
or in part without the prior written permission of the owner or exclusive
licensor of the material.
The Website and/or Information contained therein may contain
trademarks owned by eMindAlly and You may not display
or use in any manner any trademarks featured on the Website or in any
Information without the prior written permission of the trademark owner.
TERMINATION AND NO ABUSE POLICY
We promote a safe and respectful environment. Abusive,
threatening, or intimidating behaviour towards our staff, practitioners, or
other users is not tolerated. eMindAlly reserves the
right to terminate services for users who violate these terms.
Whenever you use video call service through Zoom, you must
not attempt to record the video or audio of your video call or take screenshots
or copies of images of your video call; abuse, intimidate, threaten, or
otherwise violate those using or delivering the video call service; or engage
in behaviour that is pornographic, violent, discriminatory, defamatory, or
otherwise offensive.
We reserve the right to terminate your video call if you
fail to comply with these Terms of Use (Online Services). We also reserve the
right to continue the call but cease the camera operation if the Clinician
considers it to be appropriate in the circumstances.
COMPLAINTS
For complaints related to Psychiatry or Psychology Services,
please address them directly to Your Clinician For
service-related/administrative concerns, contact us at [email protected] with sufficient details to address your
complaint. We will investigate and respond within
DISCLAIMER OF WARRANTY
While eMindAlly takes great care
in ensuring the quality and accuracy of the information and online services
provided, we acknowledge various factors may impact the content:
1. Continuing Research and Clinical Experience: The information is
subject to ongoing research, evolving clinical practices, and varying opinions
among experts. We strive to keep the content current, but new findings may
emerge that affect its accuracy.
2. Unique Individual Circumstances: Each persons situation is distinct, and the
applicability of general health information may vary. Users should exercise
their own judgment when using our online services and carefully evaluate the
relevance of available information to their specific needs.
3. Human Error Possibility: Despite our best efforts, errors can occur
during the preparation/presentation of information. We do not provide any
express or implied warranties regarding completeness, accuracy, or suitability.
By using our Website, You
acknowledge and accept these terms. We recommend seeking professional advice
for specific mental health concerns.
LIMITATION OF LIABILITY AND
INDEMNITY
eMindAlly is not liable for any medical care,
guidance, or services provided by the Clinicians. We disclaim liability for any
direct, indirect, special, punitive, incidental, exemplary, or consequential
damages arising from the use of our platform, except as required by law.
You acknowledge that your access to and use of any
information and the services provided on Our Website are entirely at your own
risk. It is possible that the information and services may contain inaccuracies
or errors.
To the maximum extent permitted by law, eMindAlly
expressly disclaims all liability (including for negligence) for any loss,
damage, injury, expense, or cost incurred by you arising out of accessing,
downloading, using, or relying on any of the information or services, including
but not limited to the following circumstances:
1.
If you are unable to use or access Our Website (or experience any
delay in doing so).
2.
If the Website provides incorrect or inappropriate information.
3.
If the Website or information provided therein is used for a
purpose other than their intended use.
4.
If the online services or information contain errors, omissions,
or inaccuracies.
5.
If you are unable to obtain consistent, reliable, and
uninterrupted access to our online services.
6.
If there is damage or interference to your mobile device or other
hardware, software, or equipment due to the access of any linked website.
7.
If you rely on an interpretation or opinion stated in, or inferred
from, the online services or information.
8.
If there is a delay or failure to receive information from Us that
you have subscribed to.
9. If inaccurate
information is available from any Websites accessed via a link on our online
services.
By using Our Website, You accept
and agree to these terms.
AMENDMENTS
We may update these Terms at our discretion without prior
notice. Continued use of our platform indicates acceptance of the updated
Terms. The latest version is always available on our website.
JURISDICTION
These Terms and Conditions and any agreement including these
Terms and Conditions shall be governed and construed in accordance with the
laws of New South Wales Australia, and the parties irrevocably submit to the
jurisdiction of the Courts of New South Wales, Australia.
ACKNOWLEDGMENT AND ACCEPTANCE
By using the eMindAlly Website and
Services, You acknowledge and agree to these Terms and
Conditions.