Platform terms of service

Effective from: 18 March 2025

Consultmed is a user-friendly referral management and automated workflow platform that connects primary health care providers (e.g. general practitioners) directly to secondary health care providers (e.g. specialists, clinics and hospital networks). It is a cloud-hosted platform that is accessible at https://app.consultmed.co (including any subdomains) or by any online portal, site or platform approved by Consultmed which utilises the public-facing or provider-facing platform (“Platform”).

Consultlink, is a specialised platform within Consultmed’s ecosystem, focused on facilitating Advice & Guidance. Powered by Consultmed’s core referral management software, Consultlink empowers primary care providers to seek Advice & Guidance using asynchronous messaging technology. It is also a cloud-hosted platform, available for access at https://app.consultlink.co (including any subdomains), or through any online portal, site, or platform approved by Consultmed that utilises the public-facing or provider-facing platform.

“ConsultPilot AI” is the Azure OpenAI Service powered optional add-on to the Platform used to convert unstructured or semi-structured data, including but not limited to paper documents, PDFs, and other non-digital formats, into structured data that can be easily accessed, analysed, and utilised in the Platform (“Transform”, “Transformation”) to assist the User to enter information to the Platform, including for the purpose of creating Referrals and Advice & Guidance.

These Terms set out how ConsultX Pty Ltd (ACN 641 890 324) trading as Consultmed (“Consultmed”), Consultlink Pty Ltd (ACN 661 722 578) trading as Consultlink (“Consultlink”) and any wholly or partly owned subsidiaries of Consultmed and/or Consultlink (“we”, “us” or “our”) offers our Platform and Services to you.

Acceptance of Terms of Use

By accessing and using our Platform and Services, you agree to be bound by and abide by these Terms (defined below). These Terms are set out below and constitute a binding agreement between you and Consultmed.

Use of our Website

Your use of our Website is subject to these Terms. These Terms constitute a binding legal agreement between you and us, and your continued use of the Website constitutes your acceptance and acknowledgement of these Terms, our Privacy Policy and any other policy displayed on the Website, all of which constitute a part of these Terms. If you do not agree to these Terms, you must not use the Website.

Any time you visit the Website or use any of the features on the Website, you are taken to accept these Terms.

We may amend or modify the Website, the Platform, the Services, these Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately after publication on the Website. Your continued use of the Website indicates your continued acceptance of the Terms as modified.

Legal capacity to transact

If you are under 18 years of age (“Minor”), you cannot place orders through this Website without the consent of a parent or guardian, who must read (and shall be bound by) these Terms and our Privacy Policy. By using this Website, you represent and warrant to Consultmed that you are over the age of 18 years. Should Consultmed suffer any damage or other losses as a result of a transaction entered into by a Minor, we reserve the right to seek compensation for such losses from the minor’s parents or guardians.

Where Services are provided to Minors, the User, person or organisation purchasing the Services will, in accordance with all applicable laws, obtain prior written consent from the parent(s) or guardian for each Minor to allow the Minor to participate in the Services.

1. Who this applies to

1.1 In these Terms, “you” and “Users” means:

(a) primary or secondary healthcare providers or any Carers using the Platform to refer Patients, or any Patients referring themselves (“Referrers”);

(b) secondary health care providers that receive Referrals for Patients from primary health care providers via the Platform (“Receivers”);

(c) secondary health care providers that receive Referrals for Patients from primary health care providers via the External Platform (“External Receivers“);

(d) primary or secondary health care providers or Patients using the External Platform for Referrals (“External Referrers“);

(e) Patients who are referred via the Platform (“Patients”); and/or

(f) any other person who browses the Website or registers to use the Platform or the Services.

2. Definitions and Interpretations

2.1 Definitions
In these Terms, the following expressions have the following meanings, unless otherwise stated:

“Account” means your Consultmed or Consultlink account that facilitates your use of the Platform;

“Advice & Guidance” (or “Consults” or “e-Consults” or “A&G”) means an asynchronous messaging-based request for specialist opinion or guidance made by a primary care provider to a secondary healthcare provider;

“AHPRA” means the Australian Health Practitioner Regulation Agency;

“Approved Third Party Platforms” means any third party online site, portal or platform that is accessible and usable through the Platform or the External Platform with or without an Account, which includes (without limitation) any Approved Third Party Software Providers;

“Approved Third Party Software Providers” means third party providers approved by us from time to time to integrate with the Platform (including the External Platform);

“Azure OpenAI Service” means Microsoft’s Azure OpenAI software, used to operate Consultpilot AI. By using the Platform, you acknowledge and agree that you have reviewed Azure OpenAI Service’s terms (available at: https://www.microsoft.com/licensing/terms/productoffering/MicrosoftAzure/MCA#ServiceSpecificTerms) and agree to be bound by them, and have reviewed its data, privacy, and security policy (available at: https://learn.microsoft.com/en-us/legal/cognitive-services/openai/data-privacy?tabs=azure-portal);

“Carer” means a carer who provides care and support to a Patient;

“Charges” means the charges set out in clause 11, calculated at the rates set out in clause 11 or as otherwise agreed by us or published by us on the Platform from time to time;

“External Platform” means any online portal or site approved by us which utilises the public-facing or provider-facing Platform with or without an Account;

“Forward” refers to the action of sending a Referral or Advice & Guidance within the Platform to a User;

“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright (including future copyright), trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;

“Material” means any information, data, software (source code and object code), drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform or otherwise displayed, uploaded or published on, or via, the Platform;

“Non-Approved Third Party Platforms” means any third party online site, portal, platform, or service that has not been explicitly approved by Consultmed for use in relation to the Platform.

“Privacy Laws” mean the Privacy Act 1988 (Cth), the Health Records and Information Privacy Act 2002 (NSW), and any other applicable laws, regulations, and codes governing the collection, use, storage, and disclosure of personal, sensitive, and confidential data, as amended or replaced from time to time;

“Privacy Policy” means our privacy policy, available at: https://www.consultmed.co/privacypolicy/;

“Referral” means electronic request to a health care professional regarding the treatment of a Patient from another health care professional or the Patient themselves, or their Carer, and is used interchangeably with “eReferral” and “digital referral”;

“Referral Recipient” means either a Receiver, External Receiver or Patient and/or Carer;

“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Platform;

“Services” refers to the Platform and any associated services we provide as set out in clause 5 of these Terms;

“Share” refers to the action of sending a Referral or Advice & Guidance outside of the Platform, irrespective of whether or not the recipient is a User or third party;

“Subscription Term” means the period of the subscription to the Platform as agreed between each Receiver and us;

“Terms” means these Platform Terms of Service, as amended by us from time to time in our discretion;

“Third Party” is a reference to a person that is not a party to these Platform Terms of Use;

“Transform” shall mean the process of converting unstructured or semi-structured data, including but not limited to paper documents, PDFs, and other non-digital formats, into structured data that can be easily accessed, analysed, and utilised in the Platform. This process involves the application of advanced artificial intelligence technologies to extract relevant information, standardise data formats, and automatically structure and input the data into the Platform, and “Transformation” shall have the same meaning;

“User” is defined in clause 1.1 above;

“Website” means either the Consultmed website (available at: https://www.consultmed.co/), the Consultlink website (available at: https://www.consultmed.co/consultlink/), or both; and

“Workplace Email” means an email address that has been issued by your employer or is used by you in your day-to-day medical practice.

2.2 Interpretations
In these Terms, the following rules of interpretation apply unless the context requires otherwise:

(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;

(b) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

(c) a reference to a document (including these Website Terms of Use) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;

(d) an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any governmental agency and that person’s personal representatives, successors, permitted assigns, substitutes, executors and administrators;

(e) a reference to writing includes any communication sent by post, facsimile or email;

(f) a reference to time refers to time in Sydney, New South Wales and time is of the essence;

(g) all monetary amounts are in Australian currency;

(h) the word “month” means calendar month and the word “year” means twelve (12) calendar months;

(i) the meaning of general words is not limited by specific examples introduced by “include”, “includes”, “including”, “for example”, “in particular”, “such as” or similar expressions;

(j) a reference to a “party” is a reference to a party to these Website Terms of Use;

(k) a reference to any thing is a reference to the whole and each part of it;

(l) a reference to a group of persons is a reference to all of them collectively and to each of them individually;

(m) words in the singular include the plural and vice versa; and

(n) a reference to one gender includes a reference to the other genders.

3. About these Terms

3.1 By accessing and using the Platform, whether as a registered User (including any Patients and/or Carers utilising the self-referral services on the Platform), or a visitor you indicate your acceptance of these Terms (including our Charges). By accepting these Terms, you agree to the obligations imposed on you under these Terms and in exchange, we agree to provide you with access to the Platform and our Services. If you do not agree to these Terms, you should immediately cease accessing the Platform and using the Services.

3.2 We reserve the right to amend these Terms and any other policy on this Platform at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. We will only change these Terms by prior written notice. Your continued use of the Platform following our notice to you of changes to these Terms will be deemed your acceptance of those changes.

3.3 These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Platform and Services or until otherwise terminated in accordance with clause 13 of these Terms.

4. About these Terms

4.1 The purpose of the Platform is to provide Referrers with an integrated referral management system that enables them to send electronic Referrals and Advice & Guidance for their Patients and/or Carers to Receivers and External Receivers.

4.2 The purpose of the External Platform is to provide External Referrers with a referral platform that enables them to send electronic Referrals and Advice & Guidance to Receivers or External Receivers.

4.3 The Platform is to be used only for non-emergency, non-acute medical Referrals and Advice & Guidance.

4.4 If a Patient is acutely unwell or is experiencing a medical emergency, the relevant healthcare practitioner (e.g. Referrer, External Referrer, Receiver or External Receiver) should refer the Patient to appropriate acute medical services (e.g. emergency department, hospital) through means outside the Platform.

5. Overview of Services

5.1 We will provide a number of Services through the Platform to Users including those set out in clauses 5.3 and 5.4.

5.2 We provide the Services as a Platform provider. We do not in any way constitute a health care provider nor do we provide health services.

5.3 As a Referrer or Receiver, you will be able to:

(a) access the provider-facing part of the Platform;

(b) add Patients and/or Carers to the Platform, as well as to send and/or receive Referrals and Advice & Guidance for your Patients and/or Carers;

(d) with the informed consent from the Patient and/or Carer, add Patient’s personal and health information for the purposes of sending, receiving, forwarding or sharing a Referral or Advice & Guidance;

(e) with the informed consent from the Patient and/or Carer, pre-populate a Referral or Advice & Guidance with Patient personal and health information taken from Approved Third Party Software Providers or an Approved Third Party Platform;

(f) receive notifications and tracking of any Referrals that you have sent or received through the Platform and via a Workplace Email;

(g) access to our support services, including onboarding support and technical support for the Platform;

(h) contact our support services directly;

(i) contact other Users directly via the secure message delivery feature in the Platform in order to respond to enquiries, respond to Referrals and Advice & Guidance, and provide updates;

(j) if your Account access permission allows, use Consultpilot AI to assist with entering data into the Platform;

(k) as a Referrer, send an electronic Referral or Advice & Guidance to a Receiver and explain the reasons for referring the Patient, including any information about the Patient’s condition and any attached relevant medical correspondence including pathology, imaging and other documentation;

(l) as a Receiver, receive Referrals or Advice & Guidance from Referrers electronically, triage the Referral or Advice & Guidance, and respond directly to the Referrer and Patient and/or Carer electronically;

(m) accept, return, schedule an appointment or waitlist any Referrals or Advice & Guidance that have been received or sent;

(n) manage all Referrals and Advice & Guidance that have been received or sent within the secure database of the Platform; and

(o) access and use of External Platforms and Approved Third Party Platforms as part of your access to the Platform.

5.4 As a Patient or Carer, you will be able to:

(a) submit, access, view and download a Referral or request for Advice & Guidance;

(b) access, view and download a PDF copy of your Referral through the Patient-facing part of the Platform, via secure email;

(c) receive notifications and tracking of any Referrals that have been made on behalf of the Patient and/or Carer from the Referrer to the Receiver via secure email;

(d) submit electrical consent for the Referral and Advice & Guidance process, granting permission for the sharing of relevant medical information between healthcare providers involved in your care;

(e) attach supporting documents, such as clinical records or images, to your Referrals to provide additional context and information for the receiving healthcare professionals;

(f) if your Account access permission allows, use Consultpilot AI to assist with entering data into the Platform;

(g) receive updates and notifications regarding your Referrals and Advice & Guidance;

(h) provide feedback and ratings regarding the quality of care and service received from the healthcare providers involved in your Referrals or Consult; and

(i) seek support or assistance from the Platform’s customer service team regarding any technical issues, inquiries, or concerns you may have.

5.5 As an External Receiver, you will be able to:

(a) view and download a PDF copy of the Referral or Advice & Guidance; and

(b) have the option to create an Account and manage Referrals and Advice & Guidance within the Platform.

5.6 As an External Referrer, you will be able to:

(a) send Referrals and Advice & Guidance via an External Platform;

(b) have the option to create an Account and manage Referrals and Advice & Guidance within the Platform; and

6. Delivery of Referrals or Advice & Guidance

6.1 In this clause 6 only:

(a) Platform means the Platform or External Platform; and

(b) Referrer means a Referrer or External Referrer.

6.2 Where a Referral or Advice & Guidance is sent via the Platform by a Referrer or External Referrer to a Referral Recipient, we will:

(a) use reasonable efforts to ensure that the Referral or Advice & Guidance is successfully sent;

(b) send a limited number of email reminders and notifications to the Referral Recipient of the Referral or Advice & Guidance; and

(c) send email reminders and notifications to the Referrer of outstanding Referrals or Advice & Guidance which are pending action.

6.3 We do not guarantee that a Referral or Advice & Guidance sent via the Platform, email or any form of electronic communication will be opened, reviewed or actioned by the Referral Recipient and is not liable for a Referral or Advice & Guidance in any respect, including for any failure to open, review or action a Referral or Advice & Guidance by the Referral Recipient. It is the responsibility of the Referrer to ensure that the Referral Recipient acts on a Referral or Advice & Guidance.

7. Using the Platform and Services

7.1 Any information that we provide is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by our Services or any Third Party, including any User. It is your responsibility to make enquiries as to the accuracy or completeness of any information input into the Platform.

7.2 Consultpilot AI relies on AI technologies to Transform data (i.e. convert unstructured or semi-structured data, including but not limited to paper documents, PDFs, and other non-digital formats, into structured data that can be easily accessed, analysed, and utilised in the Platform. This process involves the application of advanced artificial intelligence technologies to extract relevant information, standardise data formats, and automatically structure and input the data) into the Platform and to provide Advice & Guidance based on the symptoms and referral reasons entered by the User. While we make every effort to ensure the safety and efficacy of the technology, output from Consultpilot AI should not be relied on as a sole source or substituted for professional medical advice, diagnosis or treatment.

7.3 In addition to clause 7.2 above, you must familiarise yourself with the requirements as set out in the Ahpra & National Boards standards on “Meeting your professional obligations when using Artifical Intelligence in Healthcare”, located at: https://www.ahpra.gov.au/Resources/Artificial-Intelligence-in-healthcare.aspx, including but not limited to:

(a) Accountability – the User is responsible for checking the accuracy and relevance of records created using generative AI;

(b) Understanding – the User must understand the use of the AI tool (i.e. Consultpilot AI), including when it is appropriate to use the content /imaging generated by Consultpilot AI and the associated risks and limitations including diagnostic accuracy, data privacy, and ethical considerations;

(c) Transparency and Informed Consent – the User must ensure they have obtained informed consent (where applicable) including from a Patient and/or Carer. If using Consultpilot AI, the User understands and agrees that it will generally require input of personal data and therefore require the informed consent from the User.

7.4 You must evaluate the accuracy and appropriateness of Consultpilot AI and/or Advice & Guidance prior to making medical decisions, and Consultmed excludes any liability as set out in clause 15.

Username and Password

7.5 You will bear the sole responsibility for any activity that occurs on your Account. You must keep your Account details and password secure, as you are responsible for any activity on your Account (whether undertaken by you or anyone else). Consultmed will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. Consultmed will be entitled to assume that any person using this Website with your username and password is you or your authorised representative.

7.6 You must notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or Account.

Third Party Links

7.7 The Website and the Platform may contain links to other Third Party websites those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or other Third Party websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.

7.8 We may provide offers, marketing communications and targeted advertising to you on an ongoing basis by telephone, electronic messages (e.g. email), websites, social media and our Platform, and by other means. These communications may relate to the products and services we, Third Parties and our related bodies corporate (Participants) provide, and other products which we think may be of interest to you. You can at any time opt out of electronic direct marketing communications from us via your email marketing preferences. You can also use the unsubscribe facility provided in our electronic marketing communications. If you elect to opt out, you will still receive service-based communications relating to our Services and your Account, as well as other information that we are required to send you by law, such as changes to our terms and conditions and notifications relating to your transactions. To opt-out of any marketing communications received from Participants, you can use the unsubscribe facility provided in the Participant’s electronic marketing communication.

7.9 In partnership with media, technology and advertising companies, we may provide aggregated audience segments to advertisers or Participants which are based on de-identified member data. This enables advertisers to provide you with more personalised and targeted advertising when you use our business partners’ websites, social media and other platforms. We also provide Participants and advertisers with anonymised analysis, reporting and insight services related to their use of our data for advertising. We do not share any of your Personal Information with partners or advertisers in connection with these advertising services. We may receive cookie data, device information or other anonymous identifier information from our partners to enable us to provide these services. In some cases, we may be able to connect this data back to individual members, meaning that we will handle this data as Personal Information in accordance with our Privacy Policy. We do not retain or store this data for longer than is necessary for us to provide services to our partners and advertisers, and we do not use this data for any other purpose.

Approved Third Parties

7.10 You must take precautions to ensure that when accessing the Platform and Services, accessing and/or using any Approved Third Party Platform, or linking Approved Third Party Software Providers to the Platform, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.

7.11 If you access or use any Approved Third Party Platforms as part of your access and use of the Platform or the External Platform, you acknowledge and agree that the access and use of such Approved Third Party Platform is provided by third party suppliers and providers and as such, you will be subject to their terms of use or service and their privacy policies that they may have in respect of such Approved Third Party Platform. You acknowledge that any engagement with these Approved Third Party Platforms will be separate and distinct to the Platform or the External Platform (as the case may be) and that we are not responsible for any damages that may result from your use of such Approved Third Party Platforms. This includes Azure OpenAI Service.

7.12 You acknowledge and agree that, when accessing or using any Approved Third Party Platforms in connection with the Platform, you remain subject to applicable Australian Privacy Laws. You are responsible for ensuring that any personal or sensitive information you share with or through such Approved Third Party Platforms is done in compliance with such Privacy Laws and with the necessary consent from any Patients and/or Carers whose information is involved. Consultmed shall not be held liable for any misuse of data, or for any damage, loss, or claim arising from your sharing of information (inappropriately or otherwise) or your failure to obtain the required consent of such Approved Third Party Platforms.

7.13 You may access the support services via the Platform and the External Platform (as the case may be) and by submitting enquiries to helpdesk@consultmed.co.

7.14 We may, at our reasonable discretion, suspend your Account or restrict your access to the Services (or any part of the Services) to the extent that it is necessary on security, technical, maintenance, legal or regulatory grounds. If we do this, you may be prevented from accessing all or parts of the Services, your Account details or other content contained in your Account. We will only suspend your Account or restrict access to the Services.

7.15 If you fail to comply with these Terms, we may, at our reasonable discretion immediately withdraw your right to access and use the Services and the Platform (including the deletion of your Account), either temporarily or permanently refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.

8. Using the External Platform

8.1 Any information that we provide via the External Platform or an Approved Third Party Platform is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by us or any Third Party, including any User. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information inputted into the External Platform or an Approved Third Party Platform.

8.2 By using the External Platform or an Approved Third Party Platform, you represent and warrant to us that the information provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of the information provided as necessary and/or as required by us.

8.3 You acknowledge that any access or use of any Approved Third Party Platform is provided by a third party supplier or provider and as such, any access and use of such Approved Third Party Platform (including the allowance of any access to or the provision of any information to the an Approved Third Party Platform) will be subject to that Approved Third Party Platform’s terms of service or use and their privacy policy. We are not responsible or and you agree not to hold us liable whatsoever for any access or use of any Approved Third Party Platform by you.

9. Registration

9.1 To access the Services, you must register via the Platform and provide us with the relevant information required to set up your Account. This includes for Referrers and Receivers:

(a) full legal name;

(b) AHPRA registration number;

(d) Professional association and membership numbers;

(e) Workplace Email and phone number;

(f) occupation details; and

(g) billing information (including credit card details),

and for Patients includes:

(h) name;

(i) date of birth;

(j) Medicare number;

(k) contact details;

(I) Carer and guardian details;

(m) next of kin contact details,

and any other information that may be required by us or the provider for the purposes of submitting and/or receiving a Referral (Registration Data).

9.2 We reserve the right to decline your registration request if you do not pass our verification process. In particular, all Referrers and Receivers must be healthcare practitioners registered with AHPRA and no Referrals or Advice & Guidance can be sent using the Platform until this information is verified.

9.3 If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.

9.4 If you provide us with Registration Data, you consent to the following:

(a) we may use your Registration Data as required for the purposes of providing the Services;

(b) you will receive an email from us confirming the details of your registration and a link for access to your Account, providing you with necessary information relating to your access and use of the Services and any subscriptions to the Services made through your Account; and

(c) from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, services, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

9.5 You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.

10. Privacy and Consent

10.1 When you (including Patients and/or Carers):

(a) refer a Patient;

(b) receive a Referral or Advice & Guidance for a Patient;

(d) request an Approved Third Party Software Provider to pre-populate a Patient’s health information in a Referral or Advice & Guidance,

via the Platform (including the External Platform or an Approved Third Party Platform), you (or the Approved Third Party Software Provider, as the case may be) are collecting or disclosing (as the case may be) the health information of that Patient.

10.2 In undertaking any of the actions set out in clause 10.1, you represent and warrant that:

(a) you have sought and obtained all required consents (whether required by law or your professional association rules), including verbal and/or written consent, from:

(i) the Patient (or a parent or guardian of a Patient who is a minor) and/or Carer; or

(ii) any other relevant person; and

(b) you have otherwise fully complied with the Privacy Laws pertaining to the collection, storage, use and disclosure of health information, including all applicable legislation and regulations in your jurisdiction of practice.

10.3 We will treat all personal and health information collected through, and stored in, the Platform in accordance with our Privacy Policy.

11. How much do we charge for the Services?

11.1 The Platform may be accessed for free by Referrers, Patients, and/or Carers, with no charges applied unless otherwise agreed with us. However, please note that we reserve the right to introduce charges for Referrers in the future. Any changes to the charging policy will be communicated to Referrers in advance.

11.2 Receiver access to the Platform is subject to certain fees, including:

(a) implementation costs (if applicable);

(b) ongoing subscription fees; and

(“Charges”).

11.3 The specific Charges for each Receiver will be agreed separately in writing between us and the Receiver.

11.4 The Charges are exclusive of GST unless otherwise specified.

12. What are your obligations?

12.1 You must at all times comply with your obligations under these Terms and fulfil your obligations in a timely manner. A failure to comply with these obligations may, at our absolute discretion, result in the suspension or termination of your Account.

12.2 You may not use a Platform other than for its intended purpose as set out in clause 4 or as otherwise communicated to you by us.

12.3 When using the Platform, you must not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap.

12.4 Referrers must:

(a) act in the best interests of the Patient;

(b) collect only relevant health information in a Referral or Advice & Guidance that is sent over the Platform;

(d) only Share, Forward or send the health information through the Platform to Receivers and External Receivers and any other Users in relation to a Referral or Advice & Guidance and with the full consent of the Patient.

12.5 External Referrers must:

(a) act in the best interests of the Patient;

(b) collect only relevant health information in a Referral or Advice & Guidance that is sent over the External Platform or an Approved Third Party Platform;

(c) only send Referrals and Advice & Guidance through the External Platform to appropriate Receivers and External Receivers; and

(d) only Share the health information through the External Platform to Receivers and External Receivers and any other Users in relation to a Referral or Consult and with the full consent of the Patient.

12.6 Receivers must:

(a) act in the best interests of the Patient;

(b) act on any Referral or Advice & Guidance received through the Platform as is expected of medical practitioners in their duty of care;

(c) be responsible for managing a Referral or Advice & Guidance received through the Platform and any subsequent actions or necessary care required for the Patient; and

(d) communicate appropriately with the Referrer and the Patient in the best interests of the Patient.

12.7 External Receivers must:

(a) act in the best interests of the Patient;

(b) act on any Referral or Advice & Guidance received through the Platform as is expected of medical practitioners in their duty of care; and

12.8 At all times, Referrers and Receivers must act in the best interest of the relevant Patient and may communicate outside of the Platform as required to advance the Referral or Consult.

12.9 Any complaints regarding abuse or derogatory behaviour on the part of any User may (in our absolute discretion) result in such User(s) being removed from the Platform, termination or suspension of their Account, and/or restricted access to the Services.

12.10 You acknowledge and agree that, in order for us to be able to provide the Services to you without interruption you will, at your cost, at all times:

(a) cooperate with and reasonably assist us to provide the Services;

(b) promptly provide us with full and accurate information, data and explanations with regard to any dispute, complaint, issue or otherwise that may arise, as and when required; and

12.11 You must procure all necessary consents or authorisations from any Third Parties which may be required from time to time in order for us to be able to provide the Services to you.

13. Termination

13.1 In addition to our other express rights under these Terms (including clauses 7.11. 12.9, 12.10 and 12.11), we may, in our absolute discretion, terminate these Terms or cease to supply you with the Services, if:

(a) it transpires that you have provided false or misleading information via the Platform;

(b) you are found by us to be offensive or abusive to any User;

(c) you no longer hold all legal authorisations required to operate via the Platform (for example, if a Referrer or Receiver is found not to be a registered Australian Medical Practitioner; and/or the relevant AHPRA registration number is invalid, expired or does not exist; and/or AHPRA agrees to an undertaking, or imposes a restriction or condition on the you that would inhibit your operation of the Platform);

(d) you engage in conduct that is injurious or potentially harmful to our reputation;

(e) you disclose any confidential information without consent;

(f) you infringe our Intellectual Property Rights;

(g) your actions are contrary to our interests;

(h) you do not comply with your obligations under these Terms; or

(i) it is commercially reasonable for us to cease providing the Services to you (exercising our reasonable discretion).

13.2 Without limiting any other clause in these Terms, if a Receiver fails to address a Referral sent to them through the Platform and does not communicate adequately or in a timely fashion with the Referrer or Patient, we may immediately suspend your access to our Platform or cease to supply that Receiver with the Services.

13.3 Unless otherwise agreed with us in a separate written agreement, a Patient, Carer, or Referrer may terminate the arrangement at any time by ceasing to use the Platform and providing us with written notice .

13.4 Unless otherwise agreed with us in a separate written agreement a Receiver may terminate this arrangement by giving at least sixty (60) days’ prior written notice to the other party in accordance with the terms of the services agreement between the parties.

13.5 At the end of the Subscription Term, we will automatically renew your subscription and charge your credit/debit card the Subscription fee unless and until the Receiver cancels their Subscription by notifying us in writing at least sixty (60) days prior to the Subscription end date.

13.6 If a Receiver wishes to terminate the arrangement before the end of their Subscription Term, we will be entitled to charge our reasonable costs (which shall not exceed 100% of the outstanding amounts that would be due under the remaining Subscription Term) arising from the Receiver prior to the end of their Subscription Term. Your non-termination or continued use of our Services reaffirms that Consultmed is authorised to charge your debit/credit card in accordance with the agreed Subscription fee.

13.7 If your access to the Services is terminated for any reason, we will be entitled to payment for all outstanding Charges properly incurred by us up to the date of termination and any Charges incurred during any applicable notice period or otherwise specified in these Terms.

13.8 Following termination, your Account will be closed and Referrers and Receivers will not be able to send or receive any further Referrals or information through the Platform. You will continue to have access to any pre-existing Referrals or data in your Account or through the Platform for 60 (sixty) days following termination.

13.9 Following the termination of any Account on the Platform, all data associated with the Account, including but not limited to all sensitive and confidential Patient and/or Carer data, will be permanently deleted after a period of sixty (60) days. Consultmed will make reasonable efforts to contact and notify the Account holder prior to the deletion of such data. Notwithstanding this, the Account holder is solely responsible for ensuring that all required data is downloaded or exported prior to its permanent deletion.

13.10 Any Account that remains inactive for one hundred and eighty (180) days will be temporarily disabled. Following the temporary disabling of the Account, the Account holder will be notified of the impending deletion of all data associated with the Account. Consultmed will make reasonable efforts to contact and notify the Account holder prior to the deletion of such data. Notwithstanding this, if no response is received within sixty (60) days of the notification, all associated data will be permanently deleted in accordance with applicable Privacy Laws.

13.11 Following the termination of a Referrer’s Account, the Referrer, as a healthcare provider, is solely responsible for ensuring that all Patient and/or Carer data is managed, retained, and stored in compliance with applicable Privacy Laws. The Referrer shall be solely responsible for downloading and/or exporting and securely retaining all Patient and/or Carer data prior to its permanent deletion and shall continue to be responsible for the ongoing care, treatment, and management of any Patients under their care.

13.12 Consultmed is a technology provider and does not provide healthcare services. If you are a healthcare provider, you acknowledge that it is your responsibility to ensure compliance with all legal obligations regarding the retention and management of sensitive Patient and/or Carer data. Consultmed is not responsible for the retention of Patient and/or Carer data or for ensuring compliance with healthcare-specific laws.

13.13 Upon termination of an Account, the Account holder will be required to sign a Liability Waiver confirming their responsibility to download, export, and secure all required data from the Platform within sixty (60) days. Any data not retrieved within this period will be permanently deleted and cannot be recovered. The Platform accepts no liability for any loss, damage, cost, or expense resulting from the Account holder’s failure to secure any data its deletion.

13.14 If you wish to continue storing data on the Platform following the termination of your Account, a separate data storage agreement will be required. Any data stored under such an agreement will be securely stored and encrypted in accordance with industry-standard security protocols. The separate storage agreement will incur additional costs, as mutually agreed upon in writing by both parties.

14. Warranties

14.1 We will, within a reasonable period of time, investigate any alleged error or other issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or other issue and give us all necessary information to be able to investigate the error or other issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you, and otherwise in the manner set out in these Terms.

14.2 We warrant that, to the best of our reasonable knowledge, we have obtained all permissions and authorisations necessary to licence any third-party intellectual property incorporated into our Platform. For the avoidance of doubt, this warranty does not include any third-party intellectual property that is uploaded by a User.

14.3 If you are a Referrer, you agree that you will only register for an Account with a Workplace Email and will, at all times, Share, Forward and otherwise interact with the Platform using a Workplace Email.

14.4 You agree to use your reasonable endeavours to ensure that the information you supply to any User or to us is complete and accurate and notify us (and, if relevant, the User(s)) in writing if there is any change to the information supplied.

14.5 You warrant to us that you will only use our Platform in accordance with all applicable laws, including by:

(a) not disclosing personal information except in accordance with the Privacy Act; and

(b) maintaining the security of your systems and User Account to the same standard as a prudent person.

14.6 Except as expressly provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded to the extent permitted by law.

14.7 To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:

(a) contravene that statute; or

(b) cause any term of these Purchase Terms to be void,

(“Non-excludable Obligation”).

15. Liability

No Medical or Healthcare Advice

15.1 Consultmed is not a healthcare provider and does not provide any direct patient care, medical or other health care interventions, diagnosis, advice or treatment whatsoever.

15.2 If you are a Patient, you acknowledge that:

(a) the Platform is not a substitute for medical advice, diagnosis or treatment and should never be relied on to suggest a particular course of treatment for a particular individual;

(b) you should always seek advice from your doctor or an appropriately qualified health practitioner before starting any medical treatment, continuing with medical treatment or discontinuing medical treatment and with any questions you may have regarding any medical condition;

(d) it is always your responsibility to seek proper medical advice as to the suitability (or otherwise) of any information on the Platform having regard to your individual circumstances;

(e) the responsibility of the health care and medical treatment of each Patient is that of the relevant Referrer or External Referrer and, if accepted, the relevant Receiver or External Receiver, and is not the responsibility of us or our personnel under any circumstances; and

(f) it is the responsibility of a Referrer, External Referrer, Receiver or External Receiver on the Platform or the External Platform to allow access and use of your information to an Approved Third Party Platform and as such, you acknowledge that we are not liable whatsoever to any damages cause as a result of any access and use of your information by an Approved Third Party Platform, except to the extent that the loss or damage was caused by or contributed to by us.

15.3 By including a Referrer, External Referrer, Receiver or External Receiver on the Platform, and in addition to clause 6.3, we do not make any warranty or guarantee regarding:

(a) the work or advice provided by such Users;

(b) the delivery or receipt of a Referral to a Referral Recipient;

(c) the delivery or receipt of a Referral sent, whether by the Platform or External Platform, to an External Receiver’s email inbox;

(d) whether such Users will respond to Referrals or enquiries on the Platform, or the time within which such responses will be made;

(e) the appropriateness of any Referrals from such Users; or

(f) any other information regarding Users on the Platform.

Use of Consultpilot AI

15.4 Consultpilot AI utilises Azure OpenAI Service.

15.5 By using Consultpilot AI, we do not make any warranty or guarantee regarding:

(a) the accuracy of the information provided by the output or Transformation;

(b) the appropriateness of the information or Transformation for the User’s case;

(d) that any output or Transformation is free from hallucinations.

15.6 By using our Services, the User acknowledges and agrees that reliance on the output or Transformations provided by Consultpilot AI is at their own risk, and we exclude any liability for losses, damages, or adverse outcomes arising from the use of Consultpilot AI.

Exclusion of Liability

15.7 To the extent permitted by law and except in relation to the Non-excludable Obligations, we will not be liable for any loss, expenses, liabilities, costs or damage caused by:

(a) viruses, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any part of the Platform or downloading of any material or content posted on it, or on any website linked to it. We recommend that you have up-to-date virus checking software installed;

(b) you downloading, sharing or otherwise making any information, including Patient and/or Carer health information accessible outside of our Platform;

(c) the download or export of any data, including but not limited to sensitive and confidential Patient and/or Carer data, from the Platform;

(d) your failure to download or export any required data, including but not limited to sensitive and confidential Patient and/or Carer data, prior to its permanent deletion, which will occur sixty (60) days after the termination of any Account on the Platform;

(e) your breach of any Privacy Laws, arising from the use of Approved Third Party Platforms or Non-Approved Third Party Platforms, whether directly or indirectly, as part of your access to or use of the Platform. You are responsible for ensuring compliance with the applicable Privacy Laws, including obtaining the necessary consent from Patients and/or Carers whose personal or sensitive information may be shared; or

(f) any service interruption, failure, data breach, security breach, system downtime, or any other issue arising from third-party systems that you may use while using the Platform, including but not limited to practice management software, cloud software (e.g., Microsoft Azure), or any other External Platform integrated with the Platform, except to the extent that the loss or damage was caused by or contributed to by us.

15.8 To the fullest extent permitted by law and except in relation to the Non-excludable Obligations, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you or any User in relation to the Referrals or information on, or via, the Platform (including any dispute or complaint regarding Patient treatment), except to the extent that the loss or damage was caused by or contributed to by us.

15.9 Except in relation to the Non-excludable Obligations, and otherwise to the extent permitted by law, you agree that neither party will be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities or any loss of profits, loss of revenue, downtime costs, economic loss, loss of goodwill, loss of or damage to reputation, corruption or alteration of data, failure to realise anticipated savings, insurance costs, medical negligence claims, medical or healthcare costs, loss of opportunity, expectation loss or loss of production arising out of, or in connection with, the provision or use of the Services, the Platform or these Terms, whether based in contract, tort, negligence, strict liability theories or otherwise.

Remedies Limited

15.10 To the maximum extent permitted by law (including the Australian Competition and Consumer Act 2010 (Cth) or similar legislation), Consultmed and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any Non-Excludable Obligations or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Consultmed’s sole discretion):

(a) in the case of goods, to any of the following:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

Release

15.11 You agree that your use of this Website is at your own discretion and risk. You agree to release Consutmed and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Website by you or any other person. Consultmed may plead this release as a bar and complete defence to any claims or proceedings.

Force Majeure

15.12 To the maximum extent permitted by law, and without limiting any other provision of these Terms, Consultmed excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of Consultmed, and Consultmed shall be entitled to a reasonable extension of time for the performance of such obligations.
15.13 This clause 15 survives termination or expiry of these Terms.

16. Indemnity

16.1 Without limiting clause 16.2, you indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with:

(a) claims of intellectual property infringement by any person in relation to you uploading, posting, transmitting or otherwise making available any Material via the Services or the Platform;

(b) your use of the Platform or the Services or any breach by you of these Terms;

(d) the download or export of any data, including but not limited to sensitive and confidential Patient and/or Carer data, from the Platform; or

(e) your failure to download or export any required data, including but not limited to sensitive and confidential Patient and/or Carer data, prior to its permanent deletion, which will occur sixty (60) days after the termination of any Account on the Platform;

except to the extent that the claims, loss, damage, taxes, liabilities and/or expenses were caused by or contributed to by us.

16.2 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any User due to your actions or inaction, and you will indemnify us from and against any and all claims by any User in relation to any and all content created by you or any actions or inaction by you, except to the extent that the loss, damage, taxes, liabilities and/or expenses were caused by or contributed to by us.

16.3 This clause 16 survives termination or expiry of these Terms.

17. Intellectual Property

Copyright

17.1 In these Terms, the term “Proprietary Content” means:

(a) this Website;

(b) all of its content (including all of the text, graphics, designs, software, data, photographs and other images, sound and video files and other information contained in this Website, and the selection and arrangement thereof);

(c) all software, systems and other information owned or used by Consultmed in connection with the Products offered through this Website (whether hosted on the same server as this Website or otherwise); and

(d) all software, systems and other information owned or used by Consultmed in connection with the Services offered through this Platform (whether hosted on the same server as this Platform or otherwise).

17.2 You acknowledge that all Intellectual Property Rights in the Services are the property of us (or our licensors) and your use of, and access to, the Services does not give you any rights, title or interest in or to the Services. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services or any part of the Services.

17.3 We grant you, for the duration of these Terms as determined in accordance with clause 3.3, a non-exclusive, non-transferable and revocable licence to use the Intellectual Property Rights embodied in the Services only to the extent necessary for you to use the Services (including the Platform) for your business purposes.

Trade marks

17.4 The look and feel of this Website (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of Consultmed. These trade marks, service marks and trade dress may not be used, modified or imitated, in whole or in part, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services without the prior written consent of Consultmed.

User content

17.5 By uploading, posting, transmitting or otherwise making available any Material via the Services, you:

(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit that Material in any form to enable us to provide the Services and unconditionally waive any moral rights that you might have in respect of that Material; and

(b) represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Services.

Copyright claims

17.6 If you believe that our Platform contains any material that infringes upon any copyright that you hold or control, or that User are directed through a link on this Platform to a Third Party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within fourteen (14) days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further fourteen (14) days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

18. Confidentiality

18.1 You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. This also applies to the privacy and confidential information of other Patients and/or Carers or Referrers. We will not disclose any information you provide except as set out in these Terms.

18.2 However, these obligations of confidentiality do not apply to any disclosure that:

(a) is for the purpose of performing the Terms or exercising a party’s rights under the Terms;

(b) is required by appliable law; or

(c) related to confidential information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a Third Party without restriction or breach of any obligation or confidence.

19. Unavoidable Events

19.1 We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.

20. Dispute Resolution

20.1 If you have a complaint about the performance of these Terms or the Services, you will contact us at helpdesk@consultmed.co in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

20.2 This clause 20 survives the expiry or termination of these Terms.

21. Linking to the Platform

21.1 You may link to the Platform from your own website or otherwise, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our goodwill. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.

21.2 We reserve the right to withdraw linking permission under this clause 21 by updating these Terms or by notice to you.

22. General

22.1 Either party may assign, sub-contract, or otherwise transfer any or all of its rights and/or obligations under these Terms with thirty (30 days’ notice to the other party.

22.2 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

22.3 We and you are independent. No contractor, agency, partnership, joint venture, fiduciary or employment relationship is created by these Terms. Neither we nor you will have, nor represent that we or you have, any authority to make any commitments on the other party’s behalf except expressly pursuant to these Terms.

22.4 Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.

22.5 These Terms are governed by the laws of New South Wales, Australia (including any non-contractual obligations arising out of or in connection with them). The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

22.6 These Terms and any document expressly incorporated in them contain the whole agreement between us and you in respect of the subject matter of these Terms and supersede and replace any prior written or oral agreements, representations or understandings between the parties. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.