DinkumDoc Patient - Terms of services
Introduction
1.1 These patient terms and conditions (Patient Terms) are between DinkumDoc.Com Pty Ltd (ACN 664
777 717; ABN 71 664 777 717) of Level 5 NORWEST 4 COLUMBIA CT NORWEST NSW 2153, Australia
(DinkumDoc) and the Patient.
1.2 DinkumDoc provides an online platform to facilitate the booking and managing of medical appointments
with Healthcare Providers who provide healthcare and related services to patients (or through their
Authorised Nominee) (Patients) via videoconference, telephone or other methods (Telehealth Services)
(Platform). The Platform allows Healthcare Providers to be listed in order for Patients to obtain various
healthcare services and facilitates other related activities.
1.3 The Patient is defined pursuant to the details provided by you, being the patient specified or its authorised
nominee (Authorised Nominee) upon signing up to the Platform.
1.4 DinkumDoc agrees to provide the Patient with access to the Platform subject to the Patient’s agreement
and compliance with these Patient Terms, and any other policies made available by DinkumDoc from
time to time on the Platform, including but not limited to the Informed Consent Form.
1.5 If a Patient is under 18 years of age, a parents or legal guardian must enter this Agreement on their behalf
and both Patient and their parents/legal guardians will need to ensure compliance with this Agreement.
1.6 These Patient Terms commence on the date that the Patient confirms that it agrees to these Terms and
continues on a perpetual basis and for any period where Patient uses the Platform or obtains services
from a Healthcare Provider through the Platform, unless terminated earlier in accordance with these
Terms.
Platform
2.1 The Patient acknowledges and agrees that DinkumDoc merely provides a Platform to connect the Patient
with a 3rd party Healthcare Provider and DinkumDoc does not itself, provide any medical, health or
Telehealth Services.
2.2 The Patient acknowledges and agrees that any services provided by a Healthcare Provider to the Patient,
including Telehealth Services, whether via the Platform or not, is the sole liability of the Healthcare
Provider and the Patient will not take any action against DinkumDoc for any acts, omissions, negligence,
fraud, wilful misconduct or other conduct of the Healthcare Provider or in connection with any of the
Telehealth Services provided by the Healthcare Provider.
2.3 The Patient acknowledges and agrees that DinkumDoc is neither a party to any agreement entered into
between a Patient and a Healthcare Provider, nor is DinkumDoc an agent for any Healthcare Provider,
nor does DinkumDoc have any control over the Telehealth Services or the conduct of Healthcare
Providers and other Patients of Platform and disclaims all liability in this regard.
2.4 DinkumDoc does not make any representations or warranties that Telehealth Services are suitable for a
Patients particular circumstances or health care issues. The Patient acknowledges and agrees that
certain health services cannot be delivered via Telehealth Services, including but not limited to, physical
examinations and diagnostic imaging or testing. The Healthcare Provider may, in its sole discretion,
determine whether the Telehealth Services are appropriate for the Patient, whether or not to provide the
Telehealth Services or direct the Patient to other health care services.
Account Registration
3.1 In order to access certain features of the Platform, Patients must register an account with DinkumDoc.
The Patient agrees that it will not have more than (1) DinkumDoc account.
3.2 A Patient’s DinkumDoc account will be created based upon the personal information provide to us at
registration.
3.3 DinkumDoc reserves the right to suspend or terminate any DinkumDoc Account and access to the
Platform if more than one (1) DinkumDoc Account is created, or if any information provided during the
registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise
in violation of this Agreement.
3.4 The Patient is responsible for safeguarding their password and agrees that it will not disclose the
password to any third party and that it will take sole responsibility for any activities or actions under its
DinkumDoc Account, whether or not such actions have been authorised.
3.5 The Patient agrees to notify DinkumDoc immediately of any unauthorised use of its DinkumDoc Account
Account Registration
4.1 The Patient agrees that in order for it to be provided with effective services, it must provide complete,
accurate and honest answers to any questions or forms provided on the Platform (Patient Input).
4.2 Neither DinkumDoc, nor the Healthcare Provider will be liable for any losses or claims in relation to any
services provided in reliance on the Patient Input or any errors in such Patient Input.
4.3 Our Platform caters for bulk billing. In order for the Patient to be bulk billed the Fees, the Patient must
provide accurate and up to date Medicare details, including Medicare card number and the relevant
identifier number on the card. These details must match the details of the Patient including full name and
address.
Fees and Bulk Billing
5.1 The Patient agrees that its Booking Request is subject to the Patient agreeing to pay the applicable fees
as set out on the Platform, including Healthcare Provider Fees for the Telehealth Services and any
Service Fees payable for use of the Platform (Fees). For the avoidance of doubt:
(a) if the Healthcare Provider is bulk billing the appointment at the time of the appointment, then the
Patient is not required to pay any out-of-pocket fees and the Healthcare Provider may claim the
Medicare rebate by submitting the relevant item number to Medicare after providing the
Telehealth Services; and
(b) if the Healthcare Provider is not bulk billing the appointment at the time of the appointment, then
the Patient is required to pay the full fee, with the Medicare rebate paid from Medicare into the
Patient’s bank account within 24 hours, provided that the Patient’s Medicare details are provided
in accordance with this clause 5.
5.2 The Service Fees are payable at the time the Patient makes a Booking Request. The Patient agrees to
DinkumDoc and its relevant payment processors obtaining payment from the Patient or the Patient’s
authorised payment provider (including, without limitation, relevant taxes and duties) for the Service Fees.
For the avoidance of doubt, the Patient will not be able to successfully complete a Booking Request on
the Platform if the Patient’s payment details are incorrect or there are insufficient funds available.
5.3 The Healthcare Provider Fees will be fully covered by Medicare if the Patient provides all valid Medicare
details as required by DinkumDoc and follows the procedures set out on the Platform to enable the
Healthcare Provider to accept the Medicare benefit as payment.
5.4 If the Patient provides all valid Medicare details as required by DinkumDoc, the Patient authorises the
Healthcare Provider to bill Medicare under such details and accept the Medicare benefit as full payment
for the Telehealth Services.
5.5 If any payment due to DinkumDoc is not paid by the due date specified by DinkumDoc, DinkumDoc
reserves the right to suspend or cancel the Patient’s access to the Platform and any Bookings without
notice, including the right to delete the Patient’s account and any content affiliated with DinkumDoc and
the Patient must pay DinkumDoc for any costs or expenses incurred due to or in connection with the nonpayment or breach of this Agreement, including but not limited to any legal, enforcement or collection
costs and DinkumDoc may charge interest of 10% p.a. on any unpaid overdue amounts.
Bookings
6.1 The Patient agrees that by placing a booking request for a Healthcare Provider via the Platform (Booking
Request), it is making an offer for the Healthcare Provider to provide the Healthcare Provider’s services
to the Patient, in consideration for the Fees. The Booking Request will be accepted upon receipt by
DinkumDoc of the Service Fee from the Patient and written confirmation being sent to the Patient’s email
address (Booking).
6.2 The Patient may place a Booking Request on the Platform as follows:
(a) by visiting a virtual clinic and requesting to see a Healthcare Provider virtually in real-time. If a
Patient is not connected to a Healthcare Provider after three attempts, the Patient will be directed
to make an online appointment in accordance with clause 6.2(b) below;
(b) by selecting a 15-minute online appointment slot with a Healthcare Provider; or
(c) by selecting a 15-minute face-to-face appointment slot with a Healthcare Provider.
6.3 If the call is disconnected during the consultation due to the fault of the Patient then the Healthcare
Provider and the Patient will be given the opportunity to rejoin the call during the allocated time. In some
instances, it may be possible for the Healthcare Provider to issue an e-prescription if the call has been
disconnected.
6.4 If the call is disconnected during the consultation through no fault of the Patient and the Healthcare
Provider was not able to issue an e-prescription or complete the provision of services, then, the
Healthcare Provider and Patient will be given the opportunity to re-join the call during the allocated time
or to rebook one of the same type of appointment at an alternative time at no additional charge.
Cancellations and Refunds
7.1 If the Booking is not accepted or cancelled by either DinkumDoc or the Healthcare Provider for any
reason, the Patient’s sole remedy will be a full refund of the Fees.
7.2 The Patient must provide at least 48 hours’ notice prior to the time/date of the Booking to cancel a Booking
in order to receive a refund of the Fees less any Service Fees payable. Subject to the Australian
Consumer Law, the Fees for any cancellations or no-shows without such notice will not be refundable.
Patient obligations
8.1 The Patient agrees to:
(a) comply with this Agreement (including all DinkumDoc policies incorporated by reference) and all
applicable laws and regulations;
(b) only provide accurate information on the Platform;
(c) obtain access to a computer with the latest version of the browser, a camera and microphone,
and reasonable internet access;
(d) only communicate with the Healthcare Providers through the DinkumDoc Platform and
communication systems; and
(e) comply with DinkumDoc’s policies and procedures as updated by DinkumDoc from time to time.
8.2 The Patient agrees that it will not:
(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct,
or conduct that may fall under one of the aforementioned categories;
(b) disclose or share the DinkumDoc Account password or login information for the DinkumDoc
Platform with any other party except for any authorised carer or guardian;
(c) use the Platform in a manner that may affect, damage, disrupt, impair, disable, interfere with or
prevent the reliability and performance of the Platform, or interfere with DinkumDoc or with any
other Patient’s use of the Platform;
(d) copy or impersonate any other person or entity, or misrepresent any of your details including your
image (for example by using only accurate and current photos), name, age, identity, affiliation,
connection or association with, any other person or entity;
(e) use the Platform to promote or solicit involvement in or, support of a political platform, religion,
cult, or sect;
(f) post a person’s personal information or images without express permission;
(g) solicit or engage in any illegal or unlawful activity;
(h) use the Platform to redirect Patients to other websites or encourage Patients to visit other
websites;
(i) defraud, scam, hack, swindle or deceive other Patients of the Platform;
(j) harvest or collect email addresses or other contact information of other Patients from the Services
by electronic or other means or use the Services to send, either directly or indirectly, any
unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or
other spamming or spamming activities;
(k) circumvent, disable or otherwise interfere with security-related features of the Services or features
that determine whether the Patient is acting in accordance with this Agreement;
(l) attempt to, or actually, access any Platform or area of the website that the Patient is not
authorised to access;
(m) collect or solicit another person’s personal information or images for commercial, inappropriate
or unlawful purposes;
(n) use any programs, scripts, bots or other automated technology to scrape or access the Platform
or hijack Patient accounts or log-in sessions;
(o) embed, frame, include or imitate any part of the Platform on another website, application or other
platform, without our prior written authorisation;
(p) use any kind of code, program or device containing reference to the Platform in order to direct
any person to any other website for any purpose;
(q) use robots, data mining or similar data gathering or extraction methods or otherwise collect any
pictures, descriptions, data or other content from the Platform;
(r) attempt to, or actually, mislead others as to the origin of any information through the Platform by
copying, forging or manipulating identifiers such as headers, footers or signatures;
(s) use automated methods or processes to use or access the Platform or create Patient accounts;
(t) attempt to, or actually gain, unauthorised access to our Platform, the server on which our Platform
is stored or any server, computer or database connected to our Platform;
(u) attempt to or engage in any hacking, phishing, introducing viruses, trojans or other programs,
scripts or material; or
(v) use the Platform other than for their intended purpose.
Licence
9.1 Subject to the Patient’s compliance with this Agreement, DinkumDoc grants the Patient a limited nonexclusive, non-transferable license to create a Patient account and use the Platform for its own personal
use.
9.2 By providing or sending, uploading, publishing, transmitting or making available any data, content or other
material to DinkumDoc (Patient Content), the Patient agrees to grant DinkumDoc, its affiliates, licensees
and successors, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable
right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative
works from, distribute and display in any form, any such content, including but not limited to text, images,
videos, graphics, audio and photographs without attribution.
9.3 By uploading, publishing, transmitting or making available any Patient Content to DinkumDoc, the Patient
warrants and represents to DinkumDoc that:
(a) it holds all the intellectual property rights to the Patient Content and have the authority to upload
or make available the Patient Content and licence the Patient Content to DinkumDoc;
(b) DinkumDoc’s use of the Patient Content will not infringe or violate any third-party rights, including
but not limited to, defamation, intellectual property rights, moral rights and privacy rights and will
not give rise to an obligation to make any payment to a third party;
(c) any Patient Content DinkumDoc provides within or in relation to the Services is accurate,
complete, not false and not misleading;
(d) use of the Patient Content to DinkumDoc will not cause harm to any other Patient or third party,
or violate its rights including any patent, trade mark, trade secret, copyright or other intellectual
property or proprietary right (such as Patient Content that contains copyrighted material without
permission) or right to privacy;
(e) DinkumDoc’s use of the Patient Content will not breach the security of our Services, us or our
Patients by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code,
programs or content;
(f) DinkumDoc’s use of the Patient Content does not violate this Agreement or other policies, or any
applicable law, rule or regulation;
(g) the Patient Content does not contain any obscene, pornographic, profane, sexually oriented,
threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate,
misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent
content;
(h) DinkumDoc’s use of the Patient Content does not violate the privacy of any other person by
containing visual or audible representations of another person without his or her express written
consent or violate their data protection or privacy rights; and
(i) the Patient Content does not contain, promote or enable illegal or unlawful activities.
9.4 DinkumDoc retain the right, at any time without reason or notice, to pre-screen, review, control, monitor,
reject, delete or edit Patient Content, however we are not obliged to do so.
9.5 The Patient acknowledges and agrees that DinkumDoc does not control, take responsibility for, or assume
any liability for, any content submitted by the Patient, or other users of the Services or any third parties,
and that DinkumDoc is not liable for content of other patients or any third party content the Patient may
encounter. The Patient agrees to release DinkumDoc and its agents and officers and employees from
any such claims or liability and acknowledge that the Patient Content submitted by the Patient or other
patients, as well as any other information or materials available through the Services may have copyright
protection whether or not it is identified as being copyrighted.
Intellectual Property
10.1 For the purposes of clarity, the Patient owns any and all right, title and interest in and to, including
copyrights, trade secret, patent and other intellectual property rights, with respect to any copy,
photograph, advertisement, music, lyrics, or other work or thing created by DinkumDoc or at ’DinkumDoc’s
direction for Patient pursuant to this Agreement and utilised by Patient.
10.2 The Patient grants to DinkumDoc, a royalty free, perpetual, non-exclusive licence with the right to grant
sub-licences reproduce, use and alter the Patient’s brand, name, trade marks, logos, course names and
information and similar information (Patient IP), for the provision of the Platform (Licence). This may
include using the Patient IP in marketing material, advertisements and communication with the public,
and acting as the Patient’s agent for the purposes of digital marketing under this Agreement.
10.3 The Patient warrants and represents and undertakes to DinkumDoc that:
(a) neither the execution of this Agreement nor the performance by the Patient of its obligations, or
the use or exploitation by DinkumDoc of the licence will cause it to be in breach of any agreement
of which it is a party or is subject;
(b) the Patient has and for the duration of this Agreement will continue to own, full right and title to
the Patient IP and has the right to grant the licence granted under this Agreement;
(c) the use and licence for use by the Patient of the Patient IP, does not and will not, infringe any
patent, trade mark, registered design, copyright or similar or other industrial commercial property
rights of any person nor give rise to payment by DinkumDoc of any royalty to any third party or to
any liability to pay compensation; and
(d) all information supplied to DinkumDoc by the Patient is and will be true, accurate, reliable and up
to date.
10.4 The Patient agrees to indemnify and hold harmless DinkumDoc from and against all damages, losses,
liabilities, claims, costs and expenses which DinkumDoc incur either directly or indirectly as a result of
any breach of this clause 9 by the Patient.
Termination
10.4 The Patient agrees to indemnify and hold harmless DinkumDoc from and against all damages, losses,
liabilities, claims, costs and expenses which DinkumDoc incur either directly or indirectly as a result of
any breach of this clause 9 by the Patient.
11.1 Termination for convenience
(a) Without affecting any other right or remedy available to it, DinkumDoc may terminate or suspend
this Agreement with immediate effect, for any reason in its sole discretion, with written notice to
the Patient.
(b) The Patient may terminate this Agreement by at least 30 days’ notice in writing to DinkumDoc
and the Agreement will terminate after any Bookings made by the Patient are either completed
or cancelled, and all outstanding payments have been made by the Patient in cleared funds.
11.2 Termination for breach
Without affecting any other right or remedy available to it, either party may terminate suspend this
Agreement with immediate effect by giving written notice to the other if:
(a) the Patient breaches, or is reasonably suspected to breach this Agreement, or any other policies
applicable to the Patient as provided by DinkumDoc from time to time;
(b) any warranty provided by the Patient under this Agreement is deemed to be misleading, untrue,
incorrect or inaccurate;
(c) either party commits a material breach of any term of this Agreement and either:
(c).(i) the breach is irremediable; or
(c).(ii) the breach is remediable and the breaching (or allegedly breaching) party fails to remedy
that breach within a period of 20 Business Days’ after the other party has, or is deemed to
have, received written notice requesting it to do so,
Confidentiality and privacy
12.1 For the avoidance of doubt, the Patient’s information will be managed in accordance with DinkumDoc’s
Privacy Policy from time to time.
12.2 Both parties agree to keep the Confidential Information of the other party confidential and to use such
information only for the purposes of performance of their respective obligations under this Agreement.
12.3 A party must:
(a) not disclose any Confidential Information of the other party to anyone else except as permitted
under this Agreement;
(b) limit the disclosure of the Confidential Information within its own organisation only to those of its
officers, contractors, sub-contractors and employees to whom such disclosure is strictly
necessary for the purposes of this Agreement and who have been made aware of its confidential
nature and have agreed to keep the information confidential in accordance with the terms of this
clause; and
(c) not use the name of the other party in publicity releases, advertising or promotion of the party
unless the other party has given its prior written consent (which shall not be unreasonably
withheld).
12.4 The obligations of confidentiality in clause 12.3 will not apply to information which:
(a) is generally available in the public domain except where such availability is as a result of a breach
of this Agreement;
(b) is required to be disclosed to an accountant, legal advisor, investor or potential purchaser of the
business or shares of DinkumDoc;
(c) was known prior to the disclosure of the information by the other party; or
(d) is required to be disclosed by an applicable law or court order.
Limitation of Liability
13.1 The Patient acknowledges and agrees that DinkumDoc is a technology platform provider and that liability
for the provision of the Telehealth Services to Patients is the sole responsibility of the Healthcare Provider.
13.2 To the maximum extent permitted by law, DinkumDoc’s total aggregate liability to the Patient under or in
any way connected with this Agreement, or the performance or non-performance of this Agreement,
whether under the law of contract, tort or otherwise, is limited to the Service Fees paid by the Patient
under this Agreement in the 12 month period immediately preceding the date on which the relevant claim
arose.
13.3 To the maximum extent permitted by law, the Patient will not be entitled to commence any action or claim
whatsoever against DinkumDoc in respect of this Agreement, or the performance or non-performance of
this Agreement, whether under the law of contract, tort or otherwise, after the expiration of one (1) year
after date of expiry or termination of this Agreement.
13.4 To the maximum extent permitted by law, DinkumDoc expressly excludes any conditions, warranties,
guarantees, representations, undertakings, rights, remedies, liabilities or other terms, under the general
law or by statute in favour of the Patients under this Agreement, except as expressly set out in this
Agreement.
13.5 To the maximum extent permitted by law, the Patient releases and discharges DinkumDoc and its
Personnel and contractors from, and the Patient acknowledges and agrees that DinkumDoc is not liable
for, any claim, action, demand, cost, expense, liability, loss or damage arising out of or in any way
connected with this Agreement including any consequential or indirect losses, loss of profit, revenue or
goodwill, howsoever arising and whether caused by breach of statute, breach of contract, negligence or
other tort, including but not limited to any such losses arising out of or in connection with:
(a) any act, omission, breach of this Agreement, negligence or fraud by the Patient;
(b) any representations or communications made by Personnel of DinkumDoc, including with respect
to the Patient;
(c) any data breach;
(d) any ban, locking, suspension, delay, deactivation or deletion of the DinkumDoc Account;
(e) any delay by, or failure of, the Patient or a Healthcare Provider;
(f) any error, inaccuracy, or incompleteness of information provided by the Patient or a Healthcare
Provider;
(g) any third party claim or action against the Patient; and
(h) any loss or damage whatsoever and whenever caused to the Patient whether by way of death of,
or injury to, any person of any nature or kind, accident or damage to property, delay, financial
loss or otherwise (including consequential loss, damage or injury).
13.6 Nothing in this Agreement purports to limit, restrict or exclude any rights available to the Patient under the
Australian Consumer Law that cannot be limited, restricted or excluded.
Indemnity
14.1 The Patient indemnifies DinkumDoc and its Personnel, and will keep all of them indemnified and holds
DinkumDoc and its Personnel harmless, against all actions, claims, charges, costs (including legal costs
on a full indemnity basis), expenses, losses, damages and other liability that they may sustain or incur,
directly or indirectly, arising out of or in connection with:
(a) an actual breach, or a suspected breach (in the opinion of DinkumDoc), of this Agreement by the
Patient or its Personnel (including a breach of any warranty);
(b) any act, omission, communication, inaccuracy or error by the Healthcare Provider in provision of
the Telehealth Services;
(c) any act or omission of the Patient or its Personnel (if applicable), including any negligent,
unlawful, wilful or fraudulent act or omission, in connection with this Agreement;
(d) any loss of or damage to any property or injury to or death of any person caused by any negligent
or fraudulent act or omission or wilful misconduct of the Patient;
(e) the Patient Content or DinkumDoc’s use of the Patient Content;
(f) any claim that DinkumDoc infringes the intellectual property rights or other rights of any person.
Warranties
15.1 The Patient warrants and represents to DinkumDoc that it has full capacity and authority to enter into this
Agreement.
15.2 DinkumDoc will not be liable for, and makes no representations, warranties or guarantees, whether
statutory, express or implied, as to the accuracy, correctness or completeness of any information provided
to the Patient from, any of DinkumDoc’s Personnel or any Healthcare Providers or the quality of any
Healthcare Provider or Telehealth Services via the Platform.
15.3 The parties acknowledge and agree that no representations or warranties have been made other than
those expressly recorded in this Agreement and that, in respect of this Agreement or any part of it
including the transactions contemplated pursuant to this Agreement, no party has relied or will rely upon
any representations or information, whether oral or written, previously provided to or discovered by it.
15.4 The Patient acknowledges that it has not relied on any representation or warranty from DinkumDoc in
entering into this Agreement.
15.5 The Patient releases DinkumDoc from any loss, damage, cost or expense that it may suffer as a result of
performing its obligations under this Agreement or, from DinkumDoc exercising any of its rights under this
Agreement.
Disclaimer
16.1 DinkumDoc disclaims any warranty that any information, advice and material obtained in the course of
providing the Telehealth Services will be accurate, complete, reliable, current, useful or error-free.
16.2 DinkumDoc does not exercise any control over the content of the Telehealth Services. To the extent
permissible at law, opinions, advice, representations and other information or content expressed or made
available in the course of providing the Telehealth Services, are provided by their respective authors and
not DinkumDoc.
16.3 We do not make any representations or warranties that the Platform and/or Patient access to the Platform
will be uninterrupted or always available. We do not guarantee that any given Telehealth Services or other
planned activity will always be available or performed as scheduled.
16.4 We do not provide, nor do we accept any responsibility or liability for any ancillary costs associated with
their use of the Platform (such as internet access).
16.5 The Patient acknowledges and agrees that information or advice found or made available through the
Platform is general information, is not in the nature of advice and is not guaranteed to be error-free.
Independent enquiries should be made before relying on anything said or done in the course of the
provision of the Platform.
16.6 DinkumDoc does not represent or warrant that using the Platform will lead to any particular outcome or
result.
16.7 The Patient acknowledges and agrees that DinkumDoc does not have an obligation to conduct
background or character checks on any Healthcare Provider but may conduct such background or
character checks in its sole discretion. If DinkumDoc chooses to conduct such checks, to the extent
permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such
checks will identify prior misconduct by a Healthcare Provider or guarantee that a Healthcare Provider
will not engage in misconduct in the future.
16.8 The Platform and any associated content are provided “as is”, without warranty of any kind, either express
or implied. Without limiting the foregoing, DinkumDoc explicitly disclaims any warranties of
merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties
arising out of course of dealing or usage of trade. DinkumDoc makes no warranty that the site, application,
services, collective content, including, but not limited to, any Telehealth Services, will meet the Patient’s
requirements or be available on an uninterrupted, secure, or error-free basis. DinkumDoc makes no
warranty regarding the quality of any Healthcare Provider. The Telehealth Services, Patients or
associated content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective
content obtained through the Platform.
16.9 No advice or information, whether oral or written, obtained from DinkumDoc or through the Platform or
similar content, will create any warranty not expressly made herein.
16.10 Patients are solely responsible for all of communications and interactions with other parties on the
Platform. DinkumDoc makes no representations or warranties as to the conduct or quality of Healthcare
Providers on the Platform.
Dispute Resolution
17.1 If a dispute arises out of or relates to this Agreement, a party must not commence any court or other
proceedings relating to the dispute unless it has first complied with the following procedure:
(a) the party claiming that a dispute has arisen must give written notice to the other party specifying
the nature of the dispute;
(b) on receipt of that notice by that other party, the parties must endeavour in good faith to resolve
the dispute using informal dispute resolution techniques such as mediation, expert evaluation,
arbitration or similar methods agreed by them;
(c) if the parties do not agree within 10 days of receipt of the notice (or such further period as the
parties agree in writing) as to:
(c).(i) the dispute resolution method and procedures to be adopted;
(c).(ii) the timetable for all steps in those procedures; and
(c).(iii) the selection and compensation of the independent person required for such method,
the parties must mediate the dispute in accordance with the Mediation Rules of the Law Society
of Tasmania.
Privacy
18.1 We will treat personal information in accordance with our Privacy Policy.
18.2 If information is disclosed to DinkumDoc that DinkumDoc believes could be harmful to Patients or to
others, we may disclose this information to the relevant authorities, including the Patients parents, school,
a health care professional or anyone else we deem necessary that will assist us with dealing with the
situation.
General
19.1 Assignment: The Patient cannot assign, whether in whole or part, or otherwise transfer the benefit of
this Agreement, or any rights or obligations hereunder, without the prior written consent of DinkumDoc.
DinkumDoc may assign, transfer, novate, and otherwise deal in any manner with, all or any part of the
benefit of this Agreement and any of its rights, remedies, powers, duties and obligations under this
Agreement to any person, without the consent of the Patient.
19.2 Set off: DinkumDoc may at any time set off any amount owing to the Patient against any liability or amount
owing to DinkumDoc by the Patient whether such liability or amount arises under this Agreement or
otherwise.
19.3 Survival: The following clauses are continuing obligations and will continue after termination or expiry of
these Terms: 20.1(Definitions and interpretation), 8 (Patient Obligations), 5(Fees), 9 (Licence); 10 (IP);
11 (Termination); 12 (Confidentiality); 14 (Indemnity); 13 (limitation of liability); 15 (warranties); 16
(disclaimer); 19 (general).
19.4 Non-solicitation: The Patient agrees that it will not canvass, solicit or entice, employ, induce or
DinkumDocempt to employ, induce, solicit or entice away from DinkumDoc any employee, contractor or
Patient of DinkumDoc either during the Term or for a period of 12 months after the date of expiry or
termination of this Agreement.
19.5 Force majeure: Neither party shall be in breach of the Contract or under any liability to the other for any
delay, loss or damage that is DinkumDocributable to Force Majeure, provided that the party affected (a)
informs the other party in writing of the occurrence of Force Majeure, and (b) makes all reasonable efforts
to mitigate the effect of Force Majeure. An act of Force Majeure means: anything beyond the control of
the party affected and includes, but is not limited to, power failure, network overload, interruption to an
internet service, malfunction in a telecommunication system or computer service, breakdown of
equipment, default or failure of a third party, labour shortage, strike or labour dispute (except of the workforce of the party claiming Force Majeure), infection/pandemic, natural disaster, war, terrorism or
action of any government or regulatory authority
19.5 Force majeure: Neither party shall be in breach of the Contract or under any liability to the other for any
delay, loss or damage that is DinkumDocributable to Force Majeure, provided that the party affected (a)
informs the other party in writing of the occurrence of Force Majeure, and (b) makes all reasonable efforts
to mitigate the effect of Force Majeure. An act of Force Majeure means: anything beyond the control of
the party affected and includes, but is not limited to, power failure, network overload, interruption to an
internet service, malfunction in a telecommunication system or computer service, breakdown of
equipment, default or failure of a third party, labour shortage, strike or labour dispute (except of the workforce of the party claiming Force Majeure), infection/pandemic, natural disaster, war, terrorism or
action of any government or regulatory authority
19.6 Liability: The Patient and the Representative will be jointly and severally liable for any obligations or
liabilities under this Agreement.
19.7 Variation: A provision of this Agreement or a right created under it may not be varied except in writing
with the consent of each of the parties to this Agreement.
19.8 Waiver: In no event shall any delay, neglect or forbearance on the part of any Party in enforcing any
provision of this Agreement be, or deemed to be, a waiver thereof or a waiver of any other provision or
shall in any way prejudice any right of that party under this Agreement.
19.9 Severability: If any provision of this Agreement is for any reason held to be invalid, illegal or
unenforceable in any respect, prohibited by law or judged by a court to be unlawful, the provision shall,
to the extent required, be severed from this Agreement and rendered ineffective as far as possible without
modifying the remaining provisions of this Agreement, and shall not in any way affect any other
circumstances of or the validity or enforcement of this Agreement.
19.10 Entire agreement: This Agreement contains the whole agreement between the parties in respect of the
subject matter of this Agreement and supersedes and replaces any prior written or oral agreements,
representations or understandings between the Parties relating to such subject matter. In the event of
any inconsistency between those documents, the terms of this Agreement shall prevail.
19.11 Delay: No failure or delay by DinkumDoc in exercising any right, power or privilege under this Agreement
shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any
right, power or privilege preclude any further exercise of the same or the exercise of any other right, power
or privilege.
19.12 Rights and remedies: The rights and remedies provided in this Agreement are cumulative and not
exclusive of any rights and remedies provided by law.
19.13 Relationship: This Agreement shall not constitute or imply any partnership, joint venture, agency,
fiduciary relationship or other relationship between the Parties other than the contractual relationship
expressly provided for in this Agreement.
19.13 Relationship: This Agreement shall not constitute or imply any partnership, joint venture, agency,
fiduciary relationship or other relationship between the Parties other than the contractual relationship
expressly provided for in this Agreement.
19.14 Further assurance: Each party to this Agreement shall at the request and expense of the other execute
and do any deeds and other things reasonably necessary to carry out the provisions of this Agreement
or to make it easier to enforce.
19.15 Governing law: This Agreement is governed by and construed and interpreted in accordance with the
laws applicable in the Tasmania, Australia. The parties irrevocably submit to the exclusive jurisdiction of
the courts of Tasmania, Australia.
19.16 Counterparts: This Agreement may be executed in any number of counterparts, each of which when
executed and delivered shall constitute an original of this Agreement, but all the counterparts shall
together constitute the same agreement. No counterpart shall be effective until each party has executed
at least one counterpart. This Agreement may be executed and delivered by email and the parties agree
that such scanned execution and email delivery shall have the same force and effect as delivery of an
original document with original signatures, and that each party may use such scanned signatures as
evidence of the execution and delivery of this Agreement by all parties to the same extent that an original
signature could be used.
19.17 Time of essence: Time is of the essence with regards to the Patient’s obligations under this Agreement
Definitions and interpretation
20.1 Definitions
The following terms are defined in this Agreement as follows or as set out in the Schedule
Agreement means this agreement and any annexures, schedules and items thereto.
DinkumDoc means DinkumDoc.Com Pty Ltd (ACN 664 777 717; ABN 71 664 777 717)
Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Tasmania,
Australia.
Commencement Date means that date that the Patient signs up to the Platform for the DinkumDoc
Services
Confidential Information includes any information marked as confidential and any information received
or developed by DinkumDoc during the term of this Agreement, which is not publicly available and relates
to processes, equipment and techniques used by DinkumDoc in the course of DinkumDoc’s business
including all information, data, drawings, specifications, documentation, source or object code, designs,
construction, workings, functions, features and performance notes, techniques, concepts not reduced to
material form, agreements with third parties, schematics and proposals and intentions, technical data and
marketing information such as customer lists, financial information and business plans.
Fees mean all fees payable by the Patient for use of the Platform, including the Healthcare Provider Fees
and Services Fees, including any relevant bank fees, processing fees, fees associated with dishonoured
direct debits and other fees or charges relating to the payment transaction.
GSTmeans the goods and services tax payable under the GST Law
GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation
passed by the Federal Government.
Healthcare Provider Fees mean the fees payable to the Healthcare Provider by the Patient for the
provision of the Telehealth Services.
Intellectual Property mean the fees payable to the Healthcare Provider by the Patient for the
provision of the Telehealth Services.
Intellectual Property includes all present and future copyright (including photographs and graphics,
including drawings, designs, illustrations) and neighbouring rights, all proprietary rights in relation to
inventions, registered and unregistered trade marks, confidential information (including trade secrets and
know-how) registered designs, and the right to apply for a grant of registration of any of the foregoing.
Moral Right has the meaning given to it in the Copyright Amendment (Moral Rights) Act 2000 (Cth) and
includes rights of integrity of authorship, rights of DinkumDoc attribution of authorship and similar rights
that exist or may come to exist anywhere in the world.
Personnel means an employee, contractor, officer or agent of DinkumDoc.
Platform means the DinkumDoc website at https://dinkumdoc.com/ including its subdomains and any
other website that we operate from time to time.
Policies means any of DinkumDoc’s policies as notified to the Patient from time to time.
Related Body Corporate has the same meaning as it has in the Corporations Act 2001 (Cth)
Service Fees mean the fees payable to DinkumDoc for the use of the Platform by the Patient.
Termination Date means the date of termination of this Agreement in accordance with its terms or as a
result of the Agreement being terminated on such other terms as are mutually agreed between the parties.
Patient means the person who has signed up to use or access the DinkumDoc Platform for the purpose
of receiving Telehealth Services.
Interpretation
In this Agreement, unless the context requires otherwise:
(a) headings (including those in brackets at the beginning of paragraphs) are for convenience only
and do not affect the interpretation of this Agreement;
(b) a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph,
schedule or annexure, as the case may be, of this Agreement;
(c) a reference to any legislation includes subordinate legislation and all amendments, consolidations
or replacements from time to time;
(d) a reference to a natural person includes a body corporate, partnership, joint venture, association,
government or statutory body or authority or other legal entity;
(e) the words “includes” and “including” or words of similar effect are not words of limitation;
(f) no clause of this Agreement shall be interpreted to the disadvantage of a party merely because
that party drafted the clause or would otherwise benefit from it;
(g) a reference to a party includes the party’s successors, assigns and persons substituted by
novation;
(h) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them
jointly and severally;
(i) a reference to time and date is to local time and dates in Tasmania, Australia; and
(j) unless specified otherwise, a reference to “$” or “dollars” refers to Australian dollars