Terms of Service

Cancellation Policy, Privacy Policy and Terms of Service.

Cancellation Policy

The reasons for our Cancellation and Late Attendance policy are to ensure that our services are provided equally and fairly to all of our clients who need them.

 

Unfortunately, if you do not show up for your appointment without giving adequate notice to us, you are taking away the opportunity for another of our clients to fill in your spot.

 

We understand that from time to time things can go wrong that are beyond the control of our clients and in such circumstances of emergencies and extenuating circumstances, we will endeavour to respond to your situation as quickly and fairly as possible, provided that you grant us as much notice as possible.

 

Participants are entitled to cancel appointments under the following conditions: 

1. Cancellation by Someone Health 

Someone Health reserves the right to cancel, postpone, re-schedule events or change venues or substitute Service Providers at its discretion. Generally, these possibilities would occur due to unavailability or unforeseen circumstances. In these circumstances no fees are payable.

 

2. Cancellation by client

The client is entitled to cancel a confirmed event booking under the following terms:

a) All requests for refunds for late cancellations must be made in writing.

b) Where cancellation requests are approved, the following terms apply:

        (i) Cancellations given 48 hours or more prior to the event are free of charge and do not incur any fees

        (ii) Cancellations given less than 48 hours prior to the event are subject to a $40 late cancellation fee charged to the Payment Method provided. Likewise, whereby the client has not attended an enrolled booking (no show) a $40 fee will be charged to the client’s Payment Method.

 

3. Late Appointments 

a) The client will be sent reminder messages by text message and/or by email in advance of their appointment.

b) In the event that the client is late to the enrolled appointment, the Service Provider will wait for fifteen (15) minutes before considering the appointment to have been forfeited by the client and the policy for Cancellations Given less than 48 Hours prior to the event in subclause (2)(b)(ii) above will apply. 

c) In the event that the client arrives for their appointment within the initial fifteen (15) minutes from the start of the appointment, the entire duration of the appointment will be shortened by the amount of time the client was late.

d) The Service Provider responsible for the appointment may, at their sole discretion, determine whether to wait for a period longer than fifteen (15) minutes from the start of the appointment and whether to run the session to its full duration.

 

The client agrees to indemnify and keep indemnified Someone Health and all of its associated Service Providers against all claims, loss, damage, injury, objections or litigation arising from cancellations made under these Terms & Conditions. 

Privacy Policy

This privacy policy (Privacy Policy) explains how Someone Health Pty Ltd t/a Someone.Health (ABN 12 640 023 749) and our related entities (Someone.Health, we, us or our) handle and manage your personal information we collect about you as a: 

  • psychiatrist, psychologist, psychiatry practice, psychology practice, hospital or clinical staff (including general practitioners) or other medical/health professional (Clinician) using or interested in using our mental health software (Platform) and/or referring health information to us; 
  •  
  • patient of a Clinician or other medical and/or health practitioner using the Platform (Patient); 
  • visitor to our website accessible at the domain https://someone.health(Website) and/or subscriber to our newsletter (Visitor); and/or 
  • contracted service provider, business partner or health professional, medical specialist, hospital or clinical staff (Partner). 

We are bound by and adhere to the Privacy Act 1988 (Cth) and the Australian Privacy Principles under that Act (Privacy Act) and this Privacy Policy. 

 

By subscribing to our newsletter, registering to use the Platform, visiting the Website, using any of our services or otherwise providing us with any personal information you agree that you are 16 years of age or older and consent to our collection, use, holding and disclosure of your personal information in accordance with and as set out in this Privacy Policy. 

PROVIDING OTHER PEOPLE’S PERSONAL INFORMATION 

If you (whether as a Referring Health Professional, which is defined below, or otherwise) provide us with the personal information (including sensitive information) of another individual (e.g., a Patient), you warrant that you have complied with your obligations under the Privacy Act and relevant State and Territory legislation relating to the collection and disclosure to us of personal information, sensitive information and health records and have obtained the individual’s prior consent: (i) for you to disclose such to us; and (ii) to our collection, holding, use and disclosure of their personal information in accordance with this Privacy Policy. 

 

DEFINITIONS 

All terms used in this Privacy Policy that are defined in the Privacy Act have the meanings given to them in the Privacy Act. 

 

WHAT PERSONAL INFORMATION WE COLLECT, WHEN AND HOW 

For Clinicians (including Referring Health Professionals) 

As a Clinician, we collect your personal information either: 

  • directly, when you supply, buy or register for products or services to or from us, request information about us or our products or services, refer a Patient or prospective Patient to us, provide feedback, respond to a survey, fill in a form or a request for services (including an application for an account with us), fill in a form on our Website (including a registration form to register as a Clinician) or otherwise provide it to us via the Website, over the phone, via email or in-person; or 
  • from your employer or another Clinician who registers you with us on your behalf. 
  •  

We may collect personal information about you such as your name, gender, date of birth and contact details (including your address, phone numbers and emails, whether personal or for work), credit card, bank account, provider number or other details to facilitate payments. 

 

For Patients 

If you are a Patient or prospective Patient, we may be provided with and thus collect personal information (including sensitive/health information) about you including physical, mental or psychological health or disability of you or your wishes about the provision of health services. The types of information collected can typically include (this list is not exhaustive):

  • Contact details (name, address, telephone number, email address, next of kin).
  • Age, date of birth, gender, marital status.
  • Driver’s licence number, Medicare number.
  • Medical history, medical notes, treatment records, images, photographs, family medical histories.
  • Patient Reported Outcome Metrics (PROMs), Patient Reported Experience Metrics (PREMs) and other feedback you may supply to us.
  • Referrals to and from practitioners and their reports.
  • Ethnic origin (for example, to assess your eligibility for free health services).
  • If payments or co-payments are required, banking/credit card details.

Clinicians (including Referring Health Professionals) may provide mental health treatment plans, pathology reports and other relevant information to enable Clinicians to understand the patient’s condition, treatment plan and inform their own diagnosis and approach (Information Package).

 

For Visitors 

As a Visitor we collect your personal information (such as your name, email address and phone number) if/when you provide it to us on the Website. We also use cookies on our Website, which are discussed below. 

 

For Partners 

We collect and hold personal information about individuals and individuals at businesses who supply goods and services to Someone.Health and other individuals to facilitate our business activities and carry out our services. We may collect personal information about you such as your name, gender, date of birth and contact details (including your address, phone numbers and emails, whether personal or for work). 

 

For everyone 

We may also collect personal information about you via third parties including from our suppliers, merchants, direct mail, exhibition and trade events or online marketing. 

If you choose not to provide your personal information to us, we may not be able to undertake certain activities for you such as providing you with requested information, products or services. 

 

HOW WE USE YOUR PERSONAL INFORMATION 

For Clinicians (including Referring Health Professionals) 

As a Clinician/Referring Health Professional, we use the personal information that we collect about you for the purpose of managing our relationship with and providing the Platform and associated services to you, including: 

  • to provide you with a trial of the Platform and associated services; 
  • to provide support and helpdesk services; 
  • to analyse and improve the Platform and other services we provide; 
  • to provide you with a Clinician/Referring Health Professional account; and 
  • to manage your Clinician/Referring Health Professional account, including invoices and payments, collecting overdue amounts, and managing fraud and risks. 
  •  

For Patients – Consultation, diagnosis and treatment

The Information Package contains personal and health information when we collect it from your Referring Health Professional and it is treated as such by us (and your Referring Health Professional). Clinicians using the Platform use the Information Package for analysis, consultation, and to assist diagnosis and treatment as requested by your Referring Health Professional. 

 

Clinicians using the Platform perform analysis on and add to the health information we receive from the Referring Health Professional as part of the Information Package from time to time. Our consultations, findings, associated observations, diagnosis and treatment plans may be used by your Referring Health Professional to assist their clinical decision-making. Our analysis may also highlight other relevant areas of interest for your Referring Health Professional to consider. 

 

For Patients – Product/service development 

If we (including using contractors or suppliers to assist us) wish to undertake any research product/service development or to improve our software using your data we will de-identify your personal information and, only once de-identified, use the resulting de-identified datasets for such. When we say de-identify, as regards the Information Package, we mean that we will permanently delete or permanently de-identify all unique individual identifying information. Once de-identified, not even your Referring Health Professional (nor anyone else) will be able to look up who the de-identified information relates to via any identifying information (as this will have been de-identified or removed). We have controls in place to ensure that the data is truly de-identified and cannot be re-identified prior to our use for these purposes. 

 

Occasionally we may use or share de-identified information with research institutions/bodies for academic and clinical research purposes but will only do so under strict contractual obligations governing their use of the de-identified data and prohibiting re-identification. 

 

For Visitors 

We use your personal information for the purposes set out in this Privacy Policy and for which you provide it to us as a Visitor. If you subscribe to our mailing list, we will use your contact details to provide you with news and updates about our company and our activities. If you send us a query via our Website, we will use your personal information to reply to your query. 

 

We may also use your personal information to: 

  • personalise and customise your experiences on our Website; and 
  • help us research the needs of our customers. 
  •  

Personal information may be collected through the use of “cookies” on our Website. Cookies are small text files that a website can use in order to recognise Visitors who revisit a website so as to facilitate their ongoing access to and use of the Website. They enable usage behaviour to be tracked and aggregate data to be compiled to facilitate more informative content on our Website. Typically, cookies involve the assigning of a unique number to the Visitor. You can prevent the use of cookies by setting up your web browser to block them. 

 

For Partners 

If you are a Partner we will use your personal information for our business and service dealings with you, including to contact you in relation to: 

  • products or services we are ordering or receiving from you; and 
  • to provide you with information, products or services you have requested. 

 

For everyone 

We may also use the personal information we collect about you: 

  • to notify relevant organisations (such as medical insurers and/or legal advisors) of an incident/accident, including when a claim is made against Someone.Health; 
  • to undertake quality assurance activities, customer satisfaction surveys, statistical analysis and complaint handling; 
  • to conduct research for the purposes of improving existing products or services or creating new products or services; 
  • to provide you with ongoing information about us and our activities; 
  • to allow us to provide third party information and offers in which we believe you may be interested; 
  • to use aggregated or de-identified information for the purposes of data analysis, research and reporting; and/or 
  • for other purposes as required or authorised by law. 
  •  

SHARING YOUR PERSONAL INFORMATION (DISCLOSURE) 

For Patients 

As a Patient, Someone.Health will share your personal and health information with: 

  • your Referring Health Professional(s), employees and other health professionals in your Referring Health Professional’s clinic or hospital where they are working and any other health professional that your Referring Health Professional has asked us to share your personal information with; 
  • healthcare professionals providing support and therapy to you who are working on Someone.Health platforms;
  • support team members for the purpose of completing Medicare claims, billing, managing appointment bookings, resolving service issues, etc; 
  • overseas entities for the purpose of data entry into Someone.Health platforms, resolving service requests, managing appointments, medicare claims/billing, etc (in accordance with their respective privacy policies); 
  • between our group companies (including Call To Mind Pty Ltd and Someone Health Pty Ltd and other companies that are part of the Someone.Health) for the purpose of facilitating the practice of integrated care for you; and 
  • verified consultant medical specialists or other registered health professionals involved in your ongoing health care who have been requested to provide further advice on your medical condition. 

 

For Visitors 

We may disclose your personal information to our Website host or service providers in certain limited circumstances, for example when our website experiences a technical problem or to ensure that it operates in an effective and secure manner. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with its obligations under the Privacy Act or our privacy standards as described in this Privacy Policy. 

 

For everyone 

We may share your personal information: 

  • with our professional advisers (such as auditors and legal advisers); 
  • with Someone.Health’s related bodies corporate within our corporate group structure; and 
  • for other purposes as required or authorised by law. 

You can contact the Someone.Health Privacy Officer at the contact details below if you have any questions about the disclosure of your personal information. 

 

Someone.Health will use personal information to carry out evaluations of our service quality and timeliness, internally. If we require other parties to assist us with these activities, we will provide de-identified information to these other parties. 

 

MARKETING COMMUNICATIONS 

For Clinicians (including Referring Health Professionals) 

If you are a Clinician/Referring Health Professional, we may use your personal information to provide you with direct marketing materials if you would reasonably expect us to or if you consent to receive direct marketing materials. We will seek your consent to provide you with direct marketing materials if we have obtained your personal information from a third party. Direct marketing material may include promotional material about us or the products or services we offer. 

 

We do not sell your personal information to third parties for marketing purposes. 

 

You may opt out of receiving direct marketing material by contacting us in any of the ways specified in the direct marketing materials. 

 

Please click ‘unsubscribe’ in any of our messages or inform us if you do not wish to receive marketing communication from us and we will remove you from our mailing list. 

 

ACCESS TO AND CORRECTION OF YOUR INFORMATION 

For everyone 

You may request access to personal information we hold about you, including reports of any mental health services provided by Someone.Health. If you ask for a copy of a report of any mental health services provided by Someone.Health, we may request personal information (such as your requesting doctor, date of birth, mobile number or email address) from you to verify your identity before providing the requested information. In some instances, charges may apply to provide copies. We will tell you about any costs before they are incurred. In some limited circumstances we may refuse your request but will provide you with our reasons. You may complain about our refusal (see ‘Complaints’ section below). 

 

Someone.Health endeavours to ensure that the personal information we collect, use and disclose is accurate, up-to-date and complete. The accuracy and completeness of that information depends on the information you provide to us. Please let us know: 

  • if there are any errors in the information we hold; and 
  • of any changes to your information (such as your name, address, phone number or Medicare number). 

 

DATA SECURITY 

We take reasonable steps to protect your personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. Records are held securely for future retrieval in accordance with applicable laws and good business practice. If Someone.Health no longer needs, or is no longer required, to retain Personal Information, Someone.Health will destroy or de-identify your personal information. 

 

In particular, we have security controls in place with our cloud provider including redundancy protection and monitoring, strict access controls, in-transit and at-rest encryption and industry-standard authentication protocols. We also have a Data Breach Response Plan (DBRP) which identifies and explains the specific responsibilities and actions employees are required to take when a breach occurs.

 

COMPLAINTS 

If you feel that your privacy has not been respected or that we have conducted ourselves inconsistently with this Privacy Policy, the APPs and/or the Privacy Act in respect of your personal information, or for any other queries, problems, complaints or communication in relation to this Privacy Policy, please send your complaint to the Someone.Health Privacy Officer at the address below. The complaint will be investigated and a response will be sent to you as quickly as possible (generally within 30 days of our receipt of your complaint). If you are not satisfied with the response, you can contact the Office of the Australian Information Commissioner (OAIC). 

 

CONTACT DETAILS 

Someone Health Pty Ltd t/a someone.health 

Attention: Privacy Officer 

Level 9, 309 Kent Street, Sydney NSW 2000, Australia 

Email: [email protected] 

 

FURTHER INFORMATION 

For further information about the Privacy Act or to make a complaint to the Privacy Commissioner, please see the website of the OAIC at www.oaic.gov.au. 

 

CHANGES TO THIS PRIVACY POLICY 

2023 Privacy Policy – effective 1 January 2023. From time to time we make changes to our policy, processes and systems in relation to how we handle your personal information, including to take into account new laws, regulations and technology. Please visit our website (https://someone.health/privacy-policy) to obtain a copy of the latest version of this Privacy Policy at any time. Your continued use of the Platform and/or the Site, requesting our services or the provision by you of further personal information to us after this Privacy Policy has been revised will be deemed to be your acceptance of and consent to the revised Privacy Policy. 

Terms of Service

The following are the general Terms and Conditions (the “Agreement”) which govern your access and use of our telehealth services. The services may be provided to you via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website Someone Health and its related apps.

 

By accessing or using our online services, you are entering into this Agreement. You should read this Agreement carefully before starting to use the online services. If you do not agree to be bound to any term of this Agreement, you must not access the services.

1. Telehealth Services

These online services may be used to connect you with a Service Provider who will provide services to you.

 

We require every Service Provider providing telehealth services to be an accredited, trained, and experienced licensed practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Practitioners must have the requisite qualifications in their field, a minimum required level of experience and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.

 

Our Service Providers are independent service providers who are neither our employees, nor agents, nor representatives. Our telehealth services are limited to enabling the Services while the Services themselves are the responsibility of the Service Providers who provide them. If you feel the Services provided to you do not fit your needs or expectations, you may change to a different Service Provider who provides services through Someone Health.

 

While we hope the Services are beneficial to you, you understand, agree and acknowledge that these services may not be the appropriate solution for your needs and/or may not be a complete substitute for a face-to-face examination or other care and treatment solutions available through other providers. 

 

We reserve the right to restrict or terminate your service based on clinical governance requirements and ethical standards that may be impacted by dual relationships with other practitioners.

 

By agreeing to these Terms & Conditions you hereby acknowledge that the Services provided by the website do not constitute a replacement for in-person care from Doctors or other medical professionals, especially in circumstances of medical or mental health emergencies and crises. In the event of such emergencies, please call triple zero (000) immediately. 

 

2. Pricing of Consultations & Billing Policy 

The price of all services provided on the Someone Health platform are subject to pricing schedules reasonably determined by the Company and the Company reserves the right to reasonably set and amend the fees chargeable for services rendered on the platform from time to time in a manner consistent with internal management of the Company and Platform.  The prices charged by the Company for the services provided by the Platform are informed in part by the costs associated with the Company’s running and maintenance of the Platform and overhead expenses associated with the Platform.

 

The billing policies of the Company for the services provided on the Platform are informed by the guidelines set by the Australian Medical Association (‘AMA’) and price increases or adjustments that are made from time to time by the Company are made according to CPI.

 

All reasonable steps will be taken by the Company to ensure that you, the client of the services provided on the Platform will be notified of the pricing schedule and any changes thereof made by the Company to the prices in the schedule.

 

In agreeing to use Someone Health’s services you agree to assign your right to Medicare benefits under your Mental Health Treatment Plan to the Service Provider who rendered the service. Your Service Provider will submit a bulk billing claim to Medicare on your behalf after each applicable session that you attend. 

 

Payment for the services provided to you on the Platform not covered by Medicare will be taken from the Direct Debit/Credit Card information provided to the Platform at the time of registration for the Platform. Payment for the services received by you are required by no later than the day upon which the service is received by you. You confirm and agree to use only Credit Cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.

 

3. Government Rebates

If you are eligible for Government/Medicare Rebates for services provided by Someone Health, we will take all reasonable steps to process your rebate claim on your behalf. If we are unable to process an applicable Government/Medicare Rebate, Someone Health will be required to bill you in accordance with our Pricing of Consultations & Billing Policy. We make no warranties and provide no guarantees as to the accuracy, timing or success of such rebate applications processed on your behalf and by agreeing to these Terms of Service you are hereby indemnifying Someone Health and its employees, agents and authorised officers against all loss, damage, injury, claims and objections.

 

In order to claim Medicare rebates for psychological services, you will need a referral from a GP. Please refer to the Medicare website to determine whether you are eligible for Medicare rebates.

 

4. Third Party Content

The website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and by agreeing to these terms and conditions you agree to indemnify Someone Health and associated companies and directors against any damage or loss caused by any Third Party Content.

 

5. Disclaimer of Warranty and Limitation of Liability

You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from any Services received via video conferencing, phone or through the website, including but without limitation to any act, omission, opinion, response, advice, suggestion, information and/or service of any Service Provider and/or any other content or information accessible through the website. 

 

You understand, agree and acknowledge that the website, the Company and all associated directors and operators provide absolutely no warranties (express or implied) including but not limited as to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the website is at your own risk. 

You understand, agree and acknowledge to indemnify and keep indemnified the website and the Company against any indirect, incidental, consequential, special, punitive or exemplary damages.

This section (limitation of liability) shall not merge on the termination or expiration of this Agreement.

 

6.  Your representations, conduct and commitments

You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.

 

You hereby confirm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

 

You agree and confirm that your use of the Website, including any Services, are for your own personal use only and that you are not using the website or the Services for or on behalf of any other person or organisation.

 

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.

 

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the website and your relationship with the website, company, or Service Providers.

 

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: 

        a. your access to or use of the website;

        b. your violation of any of the provisions of this Agreement; 

        c. non-payment for any of the Services (including any Services) which were provided through video conferencing, phone or through the website; 

 

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.

 

7. Modifications, Termination, Interruption and Disruptions to the Website

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the website, any part of or use of the website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

 

8. Important notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Australia and those countries we deliver services to globally.

 

You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Australian Court of Law. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.

 

This agreement constitutes the entire agreement between you and us. You may not rely upon any promises or representations by us except as set forth in this agreement.

 

We may change this Agreement by posting modifications on the website. Unless otherwise specified by us, all modifications shall be effective upon posting. By using the website after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the website and participation in its services.

 

We may freely transfer or assign this Agreement or any of its obligations hereunder.

 

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, that provision shall be severed from the rest of the Agreement and the remaining provisions of this Agreement will remain in full force and effect.