Terms and Conditions

Vityl & My Direct Doctor Terms & Conditions

This website and the services provided under it are provided by My Direct Doctor Pty Ltd. In this document when we refer to us, our, we, My Direct Doctor or the Practice, we are referring to My Direct Doctor Pty Ltd. When we refer to you, your, client or Patient we are referring you as a user of our services or website. When we refer to Terms we are referring these terms and conditions.

GENERAL TERMS AND CONDITIONS

By visiting our webpage, buying goods from us, contacting us or requesting a service from us, you are agreeing to these Terms.
We reserve the right to vary these Terms and any linked policies without notice to you by publishing revised terms on the Website. Any revisions are effective as at the time of publication on the Website. You must check regularly to ensure you are aware of any changes.
By agreeing to these Terms you warrant to us that:
you are legally capable of accepting these Terms;
any Personal Information you provide us with is up to date and accurate;
any content you provide to us is not misleading or inaccurate;
you will not impersonate any other person;
you will treat us and our consultants and medical professional with kindness, respect and professionalism;
you will be truthful and not mislead us;
you will not infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
you will not facilitate or encourage any violations of these Terms or our policies by other Patients or third parties;
you will not do anything otherwise unlawful or that is or may be subject to civil or criminal penalties.
To the extent permitted by law, we are not liable for, and you release us from, any liability to you whether arising in breach of contract, negligence or any other cause for:
errors or omissions in the Website or linked sites;
delays to, interruptions of or cessation of our service;
unauthorised or illegal conduct of any third party;
any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the services;
any breach of your obligations under these Terms.
Any guarantee, warranty, term or condition that is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following to the extent permitted by law (at our option):
in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.
We may terminate your access to our services immediately with notice to you. In this event we will refund you any amounts paid in advance for our services and not yet used.
You acknowledge you have read and are aware of our privacy policy posted on our website and updated from time to time and agree to the use of your data in the ways outlined in this policy. We agree that this is policy is the policy we intend to follow in the protection of your privacy.
We will use reasonable endeavours to protect against privacy and security breaches, however you acknowledge and accept the risk that it is possible that Medical Consultations and records may be affected by hacking or other security breaches by malicious third parties that are out of our control.
We agree that we will comply with applicable privacy and health records laws in providing you a service.
Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity, if applicable; and be severed from this Agreement in any other case, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.
These Terms comprise the entire agreement between you and us in relation to your access to and use of our services.
Neither these Terms nor any provision of these Terms may be amended, modified, waived, discharged or terminated orally. Any variation must be in writing signed by all parties.
These Terms will be construed in accordance with the law of the State of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from them.

USE OF WEBSITE ONLY

If you are viewing this website we make no warranty about the information provided on the website and the website is not intended to provide you with medical advice or care. The website only provides information of a general nature only and does not take account of your specific needs. You can only get medical advice or care if you expressly book an appointment with a medical professional, which is available through our website. You agree not to rely on the information on our website or information provided by us when making decisions about your health and only rely on the information provided by the medical professional in the consultation. You agree to only rely on the advice of a registered medical professional who has experience in the area of healthcare related to your clinical need.

BOOKING OF A SINGLE TELE-HEALTH APPOINTMENT

By requesting a tele-health appointment, you are agreeing to become a Patient of the Practice and agree to these additional terms and conditions which apply (in addition to the above terms and conditions) to your tele-health consultation with an Australian Registered General Practitioner.

By using our booking service for a tele-health consultation, you agree:

That we will collect sensitive personal information for you for the provision of the service;
That your initial contact with us may not be with a medical professional and that before your consultation, you may speak with a member of our staff who will obtain your clinical background, personal information, clinical history and purpose of the consultation. This person may provide you with general medical information, however you agree not to rely on this information and only use it for the purposes of discussing it with the Medical Professional during your consultation;
That we will store this information on electronic systems, which may be located inside and outside of Australia;
That you will not use our service in the event of an emergency or when you have an urgent clinical need. At these times, you agree to call 000 or attend your local emergency room;
That our Doctors and Practitioners are only licensed in Australia and will conduct the consultation in English via either telecommunications or Video Conference;
That the Doctor providing the consultation may issue a prescription if this is medical indicated – it is not guaranteed – our Doctors also have a policy of not, under any circumstances, prescribing some medications, including benzodiazepines, some opioids and any medications listed in Schedule 8 of the Poisons Standard 2013 (Cth) or any other medications prohibited by Australian law;
That the Doctor will only offer medical certificates or referrals if these are clinically appropriate;
That the service may not be suitable for all conditions or ailments as some medical services are unable to be provided remotely. In this event, your Doctor will advise you of this during the consultation and you may contact to request that we attempt to provide you with a referral to an in-person Doctor consultation for your specific medical need – which may come at a further cost;
That we may record your consultation and may keep a transcript, audio or visual record of the consultation for customer service, record keeping and quality control. In addition, you agree that the Doctor who provides your consultation will share with us the notes of your consultation for storage with your medical records that we will keep as required by law;
That we are simply a referral service to the Doctor who provides your consultation and they will be responsible for the medical care provided to you. You agree not to hold us liable for any liability associated with your medical care through our services;
If the Doctor who provides the service agrees to bulk bill you for the service, you agree to do anything necessary to assign the payment from Medicare to the Doctor. You acknowledge that the Doctor may share some of that payment with us for the services we provide;
If the service is not bulked bill, you acknowledge that we do not make any representation that you can obtain any rebate from Medicare or other insurers for the service. You agree to make a payment in the amount agreed for the consultation which will be split between the Doctor and us for the respective services provided;
You agree that unless you join a wellness plan with us, you must not use the Doctor as your primary careprovider;
That we may contact you after the consultation via telephone or other means to discuss the treatment recommended, provide administrative follow up for the Doctor (such as passing onto you scripts or referrals) and to provide information on our and other services, including allied health services when clinically appropriate;
That if you fail to attend consultations that have been booked, we may charge a cancellation fee up to the amount the Doctor would have been paid by Medicare for the consultation.

Vityl Sleep Health Treatment Plans

The Vityl Sleep Health Treatment Plan is provided by My Direct Doctor Pty Ltd. In this document when we refer to us, our, we, My Direct Doctor or the Practice, we are referring to My Direct Doctor Pty Ltd. When we refer to you, your, client or Patient we are referring you as a subscriber to the Vityl Sleep Health Treatment Plan. When we refer to Terms we are referring these terms and conditions.

VITYL SLEEP PLAN TERMS AND CONDITIONS

By subscribing to the Vityl Sleep Health Treatment Plan, you are agreeing to these Terms.
The cost of the Vityl Sleep Health Treatment Plan is a one off upfront charge of $399, which includes your first four weeks of the plan and then you will be billed at $49 per week. This amount will continued to be charged (and debited to your credit card or bank account) until you cancel you service in accordance with these terms.
The charge will start on the day of your first medical appointment with either a Nurse Practitioner or Medical Doctor. If you have an appointment and do not attend your appointment, you will be charged from the day of the appointment. You may contact us to reschedule your appointment that is missed.
We may increase the weekly price by giving you 30 days notice in writing.
If you miss two appointments in any three-month period, we reserve the right to charge a $150 charge as a missed appointment charge from the second missed appointment.
You may cancel your Vityl Sleep Health Treatment Plan at any time on 10 days notice. Any amounts paid in advance are non-refundable.
You agree on cancelling to follow any discharge procedure we reasonably require and acknowledge and agree to provide us with someone to hand your treatment over to. You acknowledge and agree that your care and treatment may be adversely affected by your cancellation before treatment is completed.
While you are subscribed, we agree to provide you with a medical coordination service.
In return for the weekly fee, we provide you access to a range of health professionals who have agreed to work together for your care and provide treatment to you. We will also arrange for your medical information to be available to those professionals and provide you with a service for adding information to your medical record and passing this onto your clinical team. Any liability for your care rests with the medical professionals you consult with, who hold their own insurance as a condition of their registration. You agree not to hold us liable for any liability associated with your medical care through our services.
You agree that we will share your medical file and information with all health professionals and support staff working with or for our service and they will share your health information with us.
As part of our coordination service, we will assist you in claiming the costs of any non-PBS prescribed medications or other services from your private health care if applicable and requested by you;
The number or types of medical professionals and allied health care professionals available to you may change from time to time based upon your clinical need or our resources. The amount of time or number of consultations they provide may also change from time to time based upon your clinical need or our resources. If you are not happy with the available professionals or care team available or if this changes in a way do not like, you may cancel the Vityl Sleep Health Plan by providing us 10 days written notice.
Apart from when bulk billing you per this terms and conditions, our in-network care team, will not charge you for their services unless we expressly indicate this before the service is provided. You may be charged for other health care professionals if our care team refers you to specialists not in our care team. We will let you know in advance if you are required to pay an amount in addition to any bulk billed amount;
From time to time, registered medical professionals providing you care may from time to time wish to bulk bill for services they provide. If services are provided in this way, you agree to do anything necessary to assign the payment from Medicare to the Doctor. You acknowledge that the Doctor may share some of that payment with us for the services we provide them. These consultations are in addition to your Vityl Sleep Health Treatment Plan and the bulk bill amount reflects the cost of these services. If these services are bulk billed, you will not have an out-of-pocket amount to pay.
You are not entitled to any Medicare rebates for our services or services provided by our medical professionals.
We reserve the right to vary these Terms and any linked policies by publishing revised terms on our Website at least 10 days before they come into effect. Any revisions are effective as at the time of publication on the Website. You must check regularly to ensure you are aware of any changes.
By agreeing to these Terms, you warrant to us that:
a. you are legally capable of accepting these Terms;
b. any Personal Information you provide us with is up to date and accurate;
c. any content you provide to us is not misleading or inaccurate;
d. you will not impersonate any other person;
e. you will treat us and our care team with kindness, respect and professionalism;
f. you will be truthful and not mislead us;
g. you will not facilitate or encourage any violations of these Terms or our policies by other Patients or third parties;
h. you will not do anything otherwise unlawful or that is or may be subject to civil or criminal penalties.
You agree that we will collect sensitive personal information for you for the provision of the service.
You agree that we will store information collected from you or about you on electronic systems, which may be located inside and outside of Australia. This information will be treated in accordance with our Privacy Policy.
You agree that our service is not made for emergencies or urgent clinical needs. If in need of these services, you agree to call 000 or attend your local emergency room.
That unless expressly indicated, our clinical team are licensed in Australia and will conduct communications with you in English via either telecommunications or Video Conference only. We do not offer in person consultations; however, we can refer you for a physical in person consultation if indicated or requested (however this may involve a further charge).
The Doctor providing your care may issue a prescription if this is medical indicated – it is not guaranteed – our Doctors also have a policy of not issuing new patients, under any circumstances, prescriptions for some medications, including benzodiazepines, some opioids and any medications listed in Schedule 8 of the Poisons Standard 2013 (Cth) or any other medications prohibited by Australian law.That the Doctor will only offer medical certificates, prescriptions or referrals if these are clinically appropriate.
That the service may not be suitable for all conditions or ailments as some medical services are unable to be provided remotely. In this event, your Doctor will advise you of this during the consultation and you may contact to request that we attempt to provide you with a referral to an in-person Doctor consultation for your specific medical need – which may come at a further cost.
That we may record your communications with us or any member of the care team we refer you to and may keep a transcript, audio or visual record of the consultation for customer service, record keeping and quality control. In addition, you agree that any of the care team who provide you with a service may create and share with us the notes of your interaction for storage with your medical records that we will keep as required by law. This includes information received from third parties about your health care (like pathology, imaging or specialist reports).
You agree that your medical and health information may be used by us and third parties for research, case study or training purposes. When providing information to third parties for this purpose we will replace your name and identifying information with a pseudonym.
For the cost of the Vityl Sleep Health Plan, you acknowledge that while rebates may be available from private health coverage, we do not make any representation that you can obtain any rebate from Medicare or other insurers for the service and agree that a Medicare rebate is not available for our services that are not bulk billed;
To the extent permitted by law, we are not liable for, and you release us from, any liability to you whether arising in breach of contract, negligence or any other cause for:
a. errors or omissions in the Website or linked sites;
b. delays to, interruptions of or cessation of our service;
c. unauthorised or illegal conduct of any third party;
d. any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the services;
e. any breach of your obligations under these Terms.
Any guarantee, warranty, term or condition that is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following to the extent permitted by law (at our option):
a. in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
b. in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.
We may terminate your access to our services immediately if we feel that your use of the service is not in our or your benefit or on 30 days written notice for any reason. In this event we will refund you any amounts paid in advance for our services and not yet used.
You acknowledge you have read and are aware of our privacy policy posted on our website and updated from time to time and agree to the use of your data in the ways outlined in this policy. We agree that this is policy is the policy we intend to follow in the protection of your privacy.
We will use reasonable endeavors to protect against privacy and security breaches, however you acknowledge and accept the risk that it is possible that your medical records may be affected by hacking or other security breaches by malicious third parties that are out of our control.
We agree that we will comply with applicable privacy and health records laws in providing you a service.
Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity, if applicable; and be severed from this Agreement in any other case, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.
These Terms comprise the entire agreement between you and us in relation to your access to and use of our services.
Neither these Terms nor any provision of these Terms may be amended, modified, waived, discharged or terminated orally. Any variation must be in writing signed by all parties.
These Terms will be construed in accordance with the law of the State of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from them.