Terms & Conditions.

1. Acceptance of Terms

These Terms and Conditions (the "Terms") form a binding agreement between you and Telehealthy Pty Ltd (ABN 41 695 721 138) ("Telehealthy", "we", "us", or "our"), governing your use of our website and any telehealth services we provide (collectively, the "Service").

By creating an account, booking a consultation, or otherwise using the Service, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.

If you do not agree to any part of these Terms, you must not use the Service. We may also require you to agree to additional terms for specific services or programmes from time to time, in which case those additional terms apply alongside these Terms.

These Terms operate together with our Privacy Policy and any clinical consent documents you complete before a consultation.

2. About Telehealthy

Telehealthy is an Australian online practitioner service. We provide medical consultations delivered by video and phone by qualified Australian practitioners registered with the Australian Health Practitioner Regulation Agency (AHPRA). The Service is operated by Telehealthy Pty Ltd (ABN 41 695 721 138).

Registered in: Queensland, Australia. We operate as an Australia-wide telehealth service and do not run an in-person clinic. For correspondence, contact us at [email protected].

We provide a clinical service. Prescribing is one possible outcome of a consultation, but it is not guaranteed. A practitioner decides whether prescribing is appropriate based on your individual circumstances. Other valid outcomes include clinical advice, referral to another health provider, lifestyle recommendations, monitoring, or a decision that no treatment is appropriate at this time.

In accordance with Australian regulatory requirements, we do not advertise specific prescription medicines to the public. Any discussion of medicines suitable for you takes place privately with your practitioner during a consultation.

3. Use of the Service

You may use the Service only for lawful purposes and in accordance with these Terms. You must be at least 18 years of age and located in Australia to create an account.

You agree not to use the Service in any way that could damage, disable, or impair our systems, interfere with any other user's experience of the Service, or attempt to gain unauthorised access to any part of the Service, account, or connected system. You also agree not to use the Service to transmit unlawful, defamatory, or misleading content.

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms or used the Service in a way that places other patients, clinicians, or Telehealthy at risk.

4. Account Registration

To access most parts of the Service you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself, and to keep that information up to date. Providing false or misleading clinical information may affect the quality and safety of the care we are able to provide.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you suspect that your account has been accessed by someone else, you must notify us immediately so we can secure it.

You may close your account at any time by contacting us. We may retain certain records associated with your account after closure where required by Australian law, including the Australian Privacy Principles, applicable health records legislation, and Medicare retention rules.

5. Telehealth Consultations

All consultations are provided by qualified Australian practitioners registered with AHPRA. Each consultation is conducted in real time by video or phone (a synchronous consultation). A real-time consultation with a practitioner is mandatory before any treatment plan is discussed.

Intake forms and questionnaires: Before your consultation we may ask you to complete an intake form, quiz, or health assessment questionnaire. This helps your practitioner prepare for the consultation. An intake form or questionnaire is not a consultation. On its own it does not diagnose any condition, does not create a practitioner-patient relationship, and does not guarantee that you will receive any medication or treatment. Your practitioner makes all clinical decisions during the real-time consultation.

Technology requirements: To participate in a video consultation, you will need a device with a camera and microphone, a stable internet connection, and a private setting where clinical information can be discussed securely. We are not responsible for technical issues on your end that prevent a consultation from taking place, though we will work with you to reschedule.

Identity verification: We may require you to verify your identity before, during, or after a consultation. This supports the safe delivery of clinical care and helps us meet our legal obligations.

Clinical limitations: Telehealth has practical limitations. Some conditions require an in-person physical examination, in-clinic investigations, or onward referral. Where that is the case, your clinician will let you know and refer you to an appropriate service.

Data storage: Consultation records and clinical notes are stored securely in compliance with the Privacy Act 1988 (Cth) and applicable state and territory health records legislation. Our data practices are described in detail in our Privacy Policy.

Each clinician exercises their independent clinical judgement and may decline to provide treatment if they believe it is clinically inappropriate, unsafe, or outside their scope of practice.

Limitations of Telehealth

You acknowledge that telehealth consultations have inherent limitations compared to in-person consultations, including the inability to perform physical examinations. Your clinician may determine that an in-person consultation, urgent care, GP review, specialist referral, further investigation, or no treatment is more appropriate for your circumstances, and will advise you accordingly.

6. Clinical Outcomes and Prescribing

A consultation does not guarantee that you will receive a prescription or a particular treatment plan. A prescription may be issued only where your practitioner determines it is clinically appropriate, based on your individual assessment. Prescribing is only one possible outcome. Other outcomes include clinical advice, lifestyle recommendations, referral to another health provider, monitoring, or a recommendation for no treatment at this time. The decision rests with your treating practitioner.

Any medicine your practitioner considers is prescribed only where clinically appropriate and in line with Therapeutic Goods Administration (TGA) and other applicable requirements. Access to any particular medicine is never guaranteed and depends entirely on your practitioner's clinical assessment.

Off-label prescribing: Your practitioner may, in some cases, prescribe a medicine for a use other than the one it is registered for. This is a lawful practice in Australian medicine when clinically appropriate and supported by professional judgement. Where this applies, your practitioner will discuss it with you.

Individual results vary based on your unique health profile, medical history, and engagement with any treatment plan. We do not guarantee specific health outcomes.

You agree to give your practitioner complete and honest information so they can make safe clinical decisions. Withholding relevant information may result in your consultation being unsuitable or your treatment being declined.

You may be required to complete follow-up assessments, share progress information, or book review consultations as part of an ongoing care plan. Failure to engage with follow-up may result in your care being paused.

Choice of Pharmacy

If your practitioner issues a prescription, you have the right to have it dispensed at any Australian pharmacy of your choosing. You are never required to use a particular pharmacy. Any pharmacy you use must be an Australian pharmacy authorised under relevant state and territory pharmacy and medicines laws.

Where a pharmacy, pathology provider, or other third party is involved in your care, that provider remains responsible for its own professional and legal duties. Nothing in these Terms excludes or limits any consumer guarantee, right, or remedy you may have under the Australian Consumer Law, or any liability that cannot lawfully be excluded, in relation to those third parties.

7. Payment and Pricing

Pricing for each service is displayed on our website at the time of booking. By proceeding with a consultation or treatment plan, you agree to pay the listed price plus any applicable fees.

You pay per consultation, and the fee is shown before you book. A Medicare rebate may apply to some consultations, subject to your eligibility, the relevant item number, and the rules that apply at the time. We cannot guarantee that any rebate will apply to you or the amount of any rebate. Out-of-pocket costs are payable in all cases.

Subscription or ongoing treatment programmes are billed in advance at the interval shown at sign-up. You may cancel future billing at any time through your account or by contacting us. Charges already taken before cancellation are non-refundable except as set out in the Cancellations and Refunds section below.

All prices are in Australian dollars. We may change prices from time to time. Price changes will not affect any programme you have already paid for in the current billing cycle.

8. Cancellations and Refunds

You may cancel a booked consultation at no cost up to 24 hours before its scheduled time by contacting us or using the cancellation option in your account.

Late cancellation fee: If you cancel less than 24 hours before the scheduled appointment time, a fixed cancellation fee of $50 applies.

Missed appointments: If you do not attend a scheduled consultation without prior notice, a fixed non-attendance fee of $50 applies.

Where a consultation has not yet taken place, you are entitled to a full refund on request. Where a consultation has been delivered, the consultation fee is generally not refundable. Except as required under Australian Consumer Law, including where goods are faulty, not fit for purpose, or do not match their description, we do not refund a consultation that has already taken place.

Medicines that have been dispensed by a pharmacy generally cannot be returned or refunded once dispatched, in line with applicable pharmacy and medicines laws. If a medicine has not yet been dispatched, you may request a refund and we will action it where the pharmacy has not yet processed the prescription.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law. This includes the consumer guarantees that services are provided with due care and skill, are reasonably fit for purpose, and are supplied within a reasonable time. Your statutory rights are not affected.

9. Confidentiality and Mandatory Reporting

All information you share with us during consultations and through our platform is treated as confidential and managed in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

Limits of confidentiality: There are limited circumstances in which we are required or authorised by law to disclose your information without your consent. These include:

• Where there is a serious and imminent threat to the life, health, or safety of any individual, or a serious threat to public health or safety
• Mandatory reporting of suspected child abuse or neglect to relevant child protection authorities
• Mandatory reporting of notifiable diseases under public health legislation
• Mandatory reporting to AHPRA of notifiable conduct by a registered health practitioner, as required under section 140 of the Health Practitioner Regulation National Law
• In response to a court order, subpoena, or lawful request from a law enforcement agency

Your treating clinician will inform you of any disclosure required by law at the earliest opportunity, except where doing so could endanger the safety of any individual.

10. Clinical Complaints

If you are dissatisfied with any aspect of the clinical care you received through Telehealthy, we encourage you to contact us first so we can attempt to resolve the matter. You can reach us at [email protected].

If you are not satisfied with our response, or if you wish to lodge a formal complaint, you may contact any of the following bodies:

• AHPRA (Australian Health Practitioner Regulation Agency): For complaints about the conduct or clinical care of an AHPRA-registered health practitioner. www.ahpra.gov.au or phone 1300 419 495.
• Your state or territory Health Complaints Commissioner: Each state and territory has a Health Complaints Commissioner or equivalent body that handles complaints about health services. For example, patients in New South Wales can contact the Health Care Complaints Commission (HCCC) at www.hccc.nsw.gov.au or on 1800 043 159. Contact details for the relevant body in your state or territory are available on the AHPRA website.
• Office of the Australian Information Commissioner (OAIC): For complaints about the handling of your personal or health information. www.oaic.gov.au or phone 1300 363 992.

11. Crisis and Emergency Information

Telehealthy is not an emergency service. If you or someone you know is experiencing a medical emergency, including severe pain, chest symptoms, difficulty breathing, or thoughts of self-harm or suicide, please contact emergency services immediately.

If you are in immediate danger, always call 000 first. Our clinicians can provide crisis signposting where appropriate, but Telehealthy does not provide acute mental health crisis intervention or emergency medical services.

12. Intellectual Property

The Service, including all text, graphics, logos, photographs, software, and other content, is owned by Telehealthy or our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable licence to access and use the Service for your personal, non-commercial use. You may not copy, modify, distribute, sell, or otherwise exploit any part of the Service without our prior written consent.

Any feedback, suggestions, or ideas you submit to us about the Service may be used by us without restriction or compensation to you.

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, store, and disclose your personal information, including your health information.

We handle your information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth), applicable state and territory health records legislation, and other relevant Australian law. We use appropriate technical and organisational safeguards to protect your information.

Please review our Privacy Policy for full details. If you have any questions about how we handle your information, contact us using the details in the Contact section.

14. Limitation of Liability

To the maximum extent permitted by law, Telehealthy is not liable for any indirect, incidental, special, consequential, or punitive losses, including loss of profits, loss of goodwill, or loss of data, arising out of or in connection with your use of the Service.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law that cannot lawfully be excluded.

Where our liability for breach of a non-excludable consumer guarantee can be limited, our total liability is limited, at our option, to the resupply of the relevant service or the cost of having the service resupplied.

15. Indemnification

You agree to indemnify and hold harmless Telehealthy, our officers, employees, and clinicians from any claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising directly from your deliberate fraud or wilful misrepresentation in connection with your use of the Service.

This indemnity does not apply to the extent that any claim arises from our own negligence, breach of these Terms, or breach of any applicable law. This obligation will survive the termination of your account and your use of the Service.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You and Telehealthy agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, for any dispute arising out of or in connection with these Terms or the Service.

If any provision of these Terms is found by a court to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision in these Terms does not waive that right or provision.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Where the changes are material, we will also notify you by email or through the Service before the changes take effect.

Your continued use of the Service after the changes take effect means you accept the updated Terms. If you do not agree with the updated Terms, you must stop using the Service and may close your account.

18. Contact

If you have questions about these Terms, the Service, or any aspect of your care, please contact us using the details below. We aim to respond to all enquiries within two business days.

Business: Telehealthy Pty Ltd (ABN 41 695 721 138)
Registered in: Queensland, Australia
Email: [email protected]
Location: Australia-wide telehealth (no in-person clinic).