Terms And Conditions – client

Find My Appointment | My Appointments

Patient & Visitor Terms of Use

IMPORTANT NOTE: The My Appointments and Find My Appointment platforms are in the beta testing phase and not all features, functionalities and services are presently available for use, including the Find My Appointment platform itself. As such, references in these Terms of Use to any features, functionalities or services are not intended to be a representation that they are available for use. The provisions of these Terms of Use which refer to features, functionalities and services which are launched in the future (including the Find My Appointment platform) will apply:

to your use of them when they become operational; and
to any use by you of the My Appointments platform in the interim to the extent to which that use may be connected to your future use of such features, functionalities and services.

Introduction

Welcome to the Find My Appointment online directory (FMA) and My Appointment platform (MA), owned and operated by FMA Operations Pty Ltd (ABN 43 643 625 689) (we, us or our).

FMA is an online directory that includes information about natural health practitioners / service providers (Practitioners), including sole practitioners and those within multi-practitioner (and multidisciplinary) clinics/practices (Practices).

MA is an online platform (including an associated mobile application (App)) that includes functionalities that Practitioners and their authorised support and administrative staff (Practice Staff) can use to manage their natural health Practices, take bookings for appointments, and interact with their patients (including engaging in virtual telehealth consultations).

You would like to use FMA to find information about a Practitioner or Practice. In addition, or alternatively, you would like to register an account on MA and use MA as a Patient, to book appointments and communicate with a Practitioner who uses MA to manage their relationship with you as a Patient.

Accepting these Terms of Use

By using and continuing to use FMA and MA you accept these Terms of Use as a legally binding agreement between us and you. Also, in order to use MA you must first agree to these Terms of Use by clicking the “accept” check-box indicating that you have read and accept the Terms of Use when completing your registration or when prompted on MA. If you do not accept these Terms of Use, you will not be permitted to access FMA and MA.

From time to time we may make changes to these Terms of Use, which we may make known to you through a popup or banner on FMA and/or MA and/or an email to your MA account (if you are a Patient). Your continued use of FMA and/or MA constitutes acceptance of our changed Terms of Use.

Urgent health care

FMA and MA are not tools for requesting or receiving urgent medical attention or health advice.
In a medical emergency call 000 or visit the nearest hospital. Information and content published on FMA and MA is not a substitute for advice by a qualified heath practitioner. Do not delay or disregard a healthcare consultation because of information or content provided on FMA and/or MA.

Communication via SMS, email and/or App

By registering and creating an MA account and selecting email and SMS for your communication preference, you agree to receive electronic messages, alerts and/or push notifications from us and from Practitioners and/or their Practices, at your email address, your nominated mobile phone number and/or through the App.

The reasons you may be contacted are set out in these Terms of use and in our Privacy Policy [link] and include alerts about your upcoming appointments, notifications when new Practitioner notes/remarks, results or other communications are available to access on MA, and certain marketing communications from us or your Practitioner and/or their Practice. You can manage push notifications in your mobile device settings, and SMS settings for marketing by logging into your MA account. You can also contact your Practitioner or their Practice to manage your email and SMS marketing settings for that Practitioner/Practice.

You must ensure that the email address and the nominated mobile phone number specified in your account is kept up to date.

Using the MA platform

Eligibility: To use MA you must first register for an MA account.

If you are 16 years of age or older and setting up an account for yourself as the Patient, you should register in your name as the Patient.

Patients under 16 years of age or adults who lack the capacity to manage their own account must have a parent, guardian or Authorised Representative (as defined in the My Health Records Act 2012 (Cth)) set up and manage their account on their behalf. The account should be set up in the name of the Patient for whom the parent, guardian or Authorised Representative is managing it.

Your information: To register for an MA account you must provide information about yourself (and/or the person for whom you are parent, guardian or Authorised Representative) (such as identification and contact details), which must be true, accurate, complete and up to date. If your information changes, it is your responsibility to update it in your MA account.

Responsibility: You (and your parent, guardian or Authorised Representative if applicable) are responsible for any activity that happens on or through your account.

To protect your account, keep your user login and password confidential. If you give anyone your login details, you are consenting to them accessing your account on your behalf including accessing any personal information and sensitive information that can be viewed through MA.

You should notify us immediately if you become aware of any unauthorised access to or use of your account.

Use on behalf of another person: You may only access FMA or MA on behalf of another person if you are that person’s parent, guardian or Authorised Representative or you have that person’s express consent and you act strictly in accordance with that consent.

If you are a parent, guardian or Authorised Representative of a Patient under 16 years of age you may access their health information on MA until they turn 16 years old, after which only they may access their MA account and you agree you will not access it unless the Patient consents to you doing so or you may otherwise lawfully do so as an Authorised Representative.

If your legal relationship with a Patient changes and you are no longer legally entitled to access the Patient’s health information, you must immediately inform us and stop using the MA account.

Where you are using FMA or MA on behalf of another person who is a Visitor or Patient, you acknowledge and agree (on your own behalf and on behalf of the other person) that these Terms of Use apply to the Visitor or Patient on whose behalf you act and to you in your capacity as representative of the Visitor or Patient. In some cases, the context may indicate that a reference to “you” or “your” is a reference just to the Visitor or Patient, or just to you as a representative of a Visitor or Patient.

Relationship

You acknowledge that FMA Operations Pty Ltd does not provide health care advice or treatment services, and your treatment and care is the sole responsibility of your Practitioner(s) and their Practice(s). You agree that you have a direct relationship with your Practitioner(s) and our role is limited to the provision of MA as a platform through which you and your Practitioner(s) can interact. Any information, advice, care or treatment provided by or on behalf of a Practitioner or exchanged between a Practitioner (or a person acting on behalf of a Practitioner) and you, whether through MA or otherwise, including but not limited to information, advice, care or treatment provided in the course of a Telehealth Consultation conducted through MA, is provided under and pursuant to the professional/practitioner relationship and/or agreement you have with the Practitioner and/or their Practice, and neither we nor our third party service providers are responsible or liable in any way for such information, advice, care or treatment.

Privacy and your health information

We will comply with the Privacy Act 1988 (Cth), our Privacy Policy at [link] and health records laws when collecting, handling and using any personal information (including sensitive information) that we obtain about you in connection with your use of FMA and/or MA.

You acknowledge that MA may be used, among other things, to transmit personal information about you for the purpose of booking an appointment with a Practitioner or enabling communication between you and a Practitioner and/or their Practice.

You may be asked to provide health information for your Practitioner’s use in connection with their consultation with or treatment of you (e.g. for an appointment you make), which may be by way of an ‘intake form’ presented to you through MA, or you or your Practitioner (or a person on your Practitioner’s behalf) may otherwise enter or upload health information about you into MA. Health information is any personal information (including images) about a person’s health or disability and any information that relates to a health service that a person received or will receive. Your health information is sensitive and personal information and it will only be stored, accessed, used and disclosed by us and certain third parties in limited circumstances and in accordance with our Privacy Policy [link].

Your health information (in your intake form and as otherwise entered into MA) will primarily be stored, accessed, used and disclosed by your Practitioner, their Practice Staff (and potentially other Practitioners at their Practice), and they will store, access, , use and disclose that information in accordance with the Practitioner’s or their Practice’s privacy policy (if they have one), the Practitioner’s professional/association code of conduct, and privacy and health records laws.

You control your health information and can decide who can access it and you have the right to access it yourself.

Virtual telehealth services on MA

If your Practitioner provides a telehealth service, they may let you book an appointment on MA for a virtual online telehealth consultation with them (Telehealth Consultation), which will occur as a phone call or a video call through MA.

Eligibility: To be eligible for a Telehealth Consultation on MA, you must be at least 16 years old or have a parent, guardian or Authorised Representative present while participating in the Telehealth Consultation.

Use on behalf of another person: You may only access and participate in Telehealth Consultations on MA on behalf of another person if you are that person’s parent, guardian or Authorised Representative. Your Practitioner may require you verify that you are legally authorised to act for that person.

Suitability of Telehealth Consultations: You acknowledge and agree that:

a Telehealth Consultation should not be used in case of an emergency or the treatment of life-threatening injuries. Your Practitioner may advise you to attend your closest hospital emergency centre as soon as possible.
a Telehealth Consultation will not be appropriate for all Patients, conditions, circumstances or services required and you may be directed to an alternative service such as a face-to-face visit with a Practitioner, or advised to attend a follow-up face-to-face visit.
if you access a Telehealth Consultation from outside Australia, the Practitioner may not be registered or authorised to practise in the place where you are located.

Bookings: Your Practitioner may confirm your appointment booking by email or SMS.

Joining (phone call): If your Telehealth Consultation is via phone call, your Practitioner will call you at the confirmed appointment time on the phone number in your MA account details. If you miss the call you should call back immediately.

Joining (video call): If your Telehealth Consultation is via video call, you can join the video call through your MA account.

Recording and images: You must not record or transmit video or audio of any Telehealth Consultation. If your Practitioner requests you to provide any image for clinical purposes, they will not ask you to do so via the Telehealth Consultation functionality of MA, but in accordance with instructions to use an alternative transmission method. You should not upload any content, image, video or information using the Telehealth Consultation functionality of MA.

Payment details and payments

We use a third party payment processor (Payment Processor) to process payments and allow you to receive invoices from your Practitioner through your MA account. If or when you wish to use this service you will be asked to provide your credit card details, which will be passed directly to and collected by our Payment Processor and our Payment Processor stores that information using xxx-bit encryption at its secure payment gateway. Your credit card information is used by, and payments are processed by, our Payment Processor in accordance with its terms of service [link] and privacy policy [link]. We reserve the right to change our payment processor in the future.

If you choose to pay your Practitioner through MA, you agree to pay all amounts in accordance with the applicable charges and payment terms of the Practitioner (as they may be stated on their Practitioner/Practice profile page on FMA or as otherwise advised to you by the Practitioner), and you authorise our Payment Processor to process such payments when due using the credit card details you provide (or which you previously provided) to our Payment Processor.

Health insurance rebates: Subject to certain conditions (including Government policy and your health insurer’s terms and conditions) a Medicare rebate or private health insurance rebate may be available in respect of your consultation with your Practitioner (including Telehealth Consultations). Further information can be provided by your Practitioner.

Cancellations: You agree that any cancellation or postponement of, or ‘no show’ for, an appointment with a Practitioner (inclusive of Telehealth Consultations) will be governed by the cancellation policy of the particular Practitioner or their Practice (which you can obtain on request from your Practitioner or their Practice). Your Practitioner may also display their cancellation policy with each online booking you make.

Purchasing products through MA

MA includes functionality that allows a Practitioner to recommend one or more natural health products (Products) to you, provide information about them to you, and make them available for you to order and pay for through MA (on a one-off basis or as available repeat prescriptions).

The provision of information about, and recommendation, prescription, offer and sale of Products through MA is solely between you and your Practitioner, and we simply provide a platform to facilitate that interaction and transaction.

You acknowledge and agree that we do not endorse any of the Products or provide any warranties or guarantees in relation to them (including as to their legality, availability, quality, safety, efficacy, acceptability, fitness for purpose or suitability for you) or in relation to any information that is provided through MA in relation to them (including as to the accuracy, reliability, currency or completeness of that information). The decision to recommend or prescribe the Products to you, to provide information about them and to supply them to you is solely a decision of the Practitioner.

The legal relationship of buyer and seller of the Products is between you and the relevant Practitioner/Practice. In particular:

any Products purchased through MA are sold by and purchased from the relevant Practitioner/ Practice (as applicable), not from us;
any payment you make for Products through MA (via our Payment Processor’s payment gateway) is made to the relevant Practitioner/Practice (as applicable), not to us; and
any supply of Products purchased by you through MA is made by the relevant Practitioner/ Practice (as applicable) from their own stocks, not by us.

We do not accept any responsibility or liability in relation to the Products, or your or any other person’s use of them, or any information or advice provided in relation to them through MA. It is your Practitioner’s responsibility to manage the quantity and frequency of your orders through MA, including by the provision of appropriate repeats. Your Practitioner is solely responsible for the prices charged for products (including any delivery charges), for ensuring they have stock available to meet your orders, and for arranging the delivery of ordered Products to you.

To facilitate your Practitioner’s recommendation of a Product to you and/or to make it available to you for purchase, MA includes functionality that may allow the Practitioner, depending on the Product, to supply you with certain information about a Product that is already stored in MA, such as packaging and labelling images, product description, directions for use and other label information. MA obtains such information from the third party manufacturers/suppliers of those Products and makes it available through MA for Practitioners to provide to Patients on an ‘as is’ basis. We take no responsibility for and provide no warranties or guarantees in relation such third party information (including as to its accuracy, reliability, currency or completeness).

Your obligations

You must only use FMA and MA for the purposes permitted by these Terms of Use.

In accessing and using FMA and/or MA and any service or content made available to you on or through those platforms (including the Telehealth Consultation, SMS message and payment processing functionalities) you must not:

violate any applicable local, state, national, or international law, or any regulations having the force of law, or access or use FMA and/or MA for any unlawful purpose;
distribute viruses, spyware, corrupted files or any other similar malicious software, programs or code that may damage the operation of any computer hardware, software or device;
transmit any material which infringes a third party’s intellectual property rights, or which is defamatory, abusive, offensive or obscene, or which may be harmful to minors, or which contains adult or sexually explicit content or entertainment (including the promotion of prostitution) or any other content not appropriate for general audiences;
access another person’s MA account unless authorised to do so, or collect or store personal data about other users of FMA and/or MA;
engage in threatening or abusive behaviour, through any available message, chat forum or review functionality or otherwise;
engage in conduct that improperly inhibits any other person from accessing FMA and/or MA;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Telehealth Consultation functionality of MA or through any other feature or functionality of FMA and/or MA;
test, copy, reverse engineer, decompile or disassemble any feature, functionality or service of or code underlying the FMA and/or MA platforms (in order to find limitations, vulnerabilities or evade filtering capabilities or otherwise), or modify, alter, disable, interfere with or circumvent any feature, functionality, service or operation of the FMA and/or MA platforms, including any security or access control mechanism, or allow any third party to do any such thing;
promote illegal drugs or violate export control laws or laws relating to illegal arms trafficking;
offer or promote gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
use FMA or MA or any of their functionalities in a way that constitutes or promotes, or is for the purpose of dealing in: counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; body parts or bodily fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or
interfere with or disrupt the FMA and/or MA service or servers or networks connected to the FMA and/or MA service (including but not limited to the Telehealth Consultation service or servers or networks connected to the Telehealth Consultation service), including by consuming a disproportionate share of the resources of the service, or disobey any requirements, procedures, policies or regulations of networks connected to the FMA and/or MA service (including but not limited to the Telehealth Consultation service).

Access interruptions, suspension and cancellation

If you do not comply with these Terms of Use, we may lock, suspend or cancel your account and access to FMA and/or MA without prior notice to you.

Your access to and use of FMA, MA and their functionalities (including the Telehealth Consultation, SMS message and payment processing functionalities) may be suspended in whole or part for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of those platforms or their functionalities for any reason, including as a result of power outages, system failures or other interruptions.

We may also, without any liability to you, suspend access to any portion or all of FMA, MA and their functionalities (including the Telehealth Consultation, SMS message and payment processing functionalities) at any time, on an element- or service-wide basis:

for scheduled downtime to permit us and/or our third party service providers to conduct routine and other maintenance on, or to repair, modify, improve and/or upgrade, the FMA and/or MA platforms, or any relevant third party platform, or any feature, functionality or service of those platforms, or any technology underlying them;
in the event of a denial of service attack or other attack on any service or functionality or other event that we determine, in our sole discretion, may create a risk to the applicable service or functionality, or the FMA or MA platforms, to you or to any of our other customers if the service were not suspended;
if we are required to do so by any Government agency or third party service provider; or
in the event that we determine that any functionality or service is prohibited by applicable law or that it is necessary or prudent to do so for legal or regulatory reasons.

We may also suspend your access and use FMA, MA or any element thereof immediately upon notice if you violate, or we have reason to believe that you have violated, any provision of the clause above entitled ‘Your obligations’.

We may update, add, make changes to, withdraw, suspend or discontinue any feature, functionality or service of FMA or MA, or their interfaces, from time to time and at any time as we consider appropriate.

We may close any accounts that have not been used after a period of time we consider reasonable.

If your account has been cancelled and you wish to resume using MA, you will need to contact us at the details in the Contact Us section below to have your account reactivated.

Intellectual property

We are the owner of FMA and MA. All intellectual property rights in the platforms, their components and the information and material published on or made available to you through FMA and/or MA are owned by us or licensed to us and you obtain no interest in the intellectual property rights in those platforms or that information or material. All system architecture of and content in FMA and MA, including but not limited to all software, processing methodologies, design, brand names, text, photographs, information, sound recording, images and other material is governed by intellectual property laws in Australia and protected from unauthorised copying and use to the extent provided by those laws. You must not do anything which infringes, interferes with or contravenes those laws or the intellectual property rights of any person in FMA, MA or any of its functionalities or components.

Disclaimers and liability

The services we provide through FMA and MA come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to compensation for any reasonably foreseeable loss or damage you suffer as a result of failure of the FMA or MA services we provide to comply with one or more of those guarantees.

Subject to our liability pursuant to those guarantees, FMA and MA (including their features and functionalities and services provided through and material comprised in them) are made available to you on an “as is” basis and “as available” basis and at your own discretion and risk, and we and our third party service providers make no representation, provide no warranty or guarantee (either express or implied):

that FMA or MA any service, feature or functionality provided through them: complies with all legal requirements; is suitable for use by you or any other person; is free of inaccuracies, errors, bugs or defects; is compatible with any other systems or services; will be provided for continuous access free of interruptions (including service suspensions); or is reliable, current, complete or otherwise valid;
that FMA or MA or any service, feature or functionality provided through them, or the name or brand used by us or a Practitioner in connection FMA or MA, does not infringe any third party rights (including intellectual property rights);
regarding the provision and availability of, the functionality, features and performance of, or the merchantability and fitness for particular purpose of, FMA and MA, or your use of FMA and MA or any other linked website;
regarding the security of FMA and/or MA or any linked site, or the safety of any file or software associated with them (such as safety from virus or defects including those which could damage or interfere with your data, hardware or software) – it is your responsibility to ensure that you have in place antivirus, firewall and other appropriate security software to protect against malicious programs when browsing the internet and/or accessing FMA or MA (including via the App); or
regarding the legality, availability, accessibility, accuracy, quality, safety, efficacy, suitability, currency or reliability of any linked site, or of any Practitioner’s, Practice’s or third party’s material, information, advice, products (including the Products) or services promoted, accessed, provided, ordered, purchased or obtained via FMA and MA or any linked site,

and, to the extent permitted by the ACL and other laws, exclude all liability and any implied warranties or guarantees (whether implied by statute or otherwise) in connection with the above matters.

Liability: Except as provided by the ACL, we are not liable for any direct or indirect losses, costs, expenses or damages, to or incurred by any person or property, including loss of profits or revenue, loss or denial of opportunity, loss of use, loss or corruption of data, damage to your computer system, and any indirect, remote or unforeseeable loss (Losses) whether in contract, tort or otherwise (including negligence) arising out of or in connection with:

your use of, or your inability to use, FMA and/or MA, or any of their features, functionalities or services, or any other services, products, content or information contained within or offered, ordered, purchased or obtained through FMA and/or MA or any linked site;
any advice, information, care or treatment provided by a Practitioner or their Practice Staff;
any loss of your personal information (including health information);
any ingestion, application, administration or other use by you of any Product recommended or sold by a Practitioner or their Practice through MA, including any illness, injury or other harm that may occur as a result of such use;
your failure to access or read any SMS or email message or push notification sent to you through or in connection with MA; or
our performance or non-performance of our obligations under these Terms of Use,

even if we have been advised of the possibility of risk of harm or damage.

Remedies: Subject to the ACL and other laws, in the event of the occurrence of any Losses for which we or our services providers may be liable, in contract, tort or otherwise, your sole remedy is to cease using FMA and/or MA and any information, material or services provided to, or accessed by, you in connection with FMA and/or MA.

Indemnity: You agree to indemnify us for any Losses claimed by any party in connection with your unauthorised use of or access to, or misuse of, FMA and/or MA and/or your breach of these Terms of Use and, where permitted by law, you waive the provisions of any law limiting or prohibiting indemnity as set out in this clause.

Third party relationships

Third party websites: Where FMA and MA contain links to third party websites and other resources provided by third parties including user review sites providing reviews on/about a Practitioner or Practice (such as Google reviews), these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damages that may arise for your use of such third party websites.

Third party terms: If you downloaded the MA App from an app store operated by a third party, your use of the App may be subject to the terms of use of that third party’s app store. These Terms of Use prevail over such third party terms to the extent of any inconsistency.

Apple devices: (This clause only applies to the extent you are using our App on an iOS device.) You acknowledge that these Terms of Use are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for FMA, MA or any functionalities and services provided through them (including the Telehealth Consultation functionality) or the content thereof. Apple has no obligation to furnish any maintenance or support services with respect to those platforms, functionalities and services.

Google Maps: FMA and MA may enable you to access and use maps and other online geographic information owned and operated by Google Australia Pty Ltd (Google Services). In using Google Services through FMA and MA, you agree:

that we do not control and do not accept any responsibility for the content of and information contained or displayed within the Google Services;
to be bound by Google’s terms of service at https://policies.google.com/terms?hl=en-US and you indemnify us against any loss, cost or damage arising from any failure by you to comply with Google’s terms of service;
that Google may use your data, including your personal information in accordance with Google’s privacy policy at https://policies.google.com/privacy?hl=en-US; and
that Google Services content (including map data, traffic, directions, weather and places) is provided for planning purposes only and you should exercise your own judgement in the use of such content.

Term and termination

You may terminate these Terms of Use and your access to and use of MA at any time by asking us to close your account.

We may in our absolute discretion terminate these Terms of Use and your access to and use of MA at any time by giving 30 days’ notice in writing to you, or without notice in the event you commit a material breach of these Terms of Use.

Cancellation of your MA account does not result in deletion of any personal information (including health information) about you that was collected through, stored within or entered into MA by or on behalf of your Practitioner – that information will continue to be stored within the records that your Practitioner holds in connection with you within their own Practitioner and/or other Practice user MA account(s) (for so long as those Practice accounts are held). It is your Practitioner’s responsibility to ensure that they observe their legal and regulatory record keeping obligations, including by ensuring they maintain copies of your health records in an appropriate manner for such time periods as may apply.
General

These Terms of Use, as amended or updated by us from time to time, constitute the entire agreement between us and you in connection with FMA and/or MA.

FMA and MA (including the App) are only intended for use by persons in Australia, and by using it you confirm that you are in Australia at the time of use.

These Terms of Use and your access and use of FMA and/or MA are governed by the laws in force in the Australian Capital Territory, Australia.

Contact Us

All correspondence regarding these Terms of Use should be addressed to hello@myappointments.app