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 24 hours or more prior to the event are free of charge and do not incur any fees

            (ii) Cancellations given less than 24 hours prior to the event are subject to a $25 late cancellation fee charged to the Payment Method provided. Likewise, whereby the client has not attended an enrolled booking (no show) a $25 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 24 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

    Our Service Providers are bound by the privacy policies, rules and guidelines of their relevant professional association as well as applicable Australian laws and legislation. As part of the provision of Services to you, it will be necessary for us to collect, record and maintain personal information from you which is relevant to your personal contact details, medical history and any other information relevant to the services we provide you. 

     

    The terms of our Privacy and Consent Policy are drafted so as to ensure our compliance with State Privacy Laws (Health Records and Information Privacy Act 2002 NSW) and National privacy Laws and standards (Privacy Act 1998 Cth).

    1. Information we retain

    Your personal information is retained in order to document what happens during sessions and enables the Service Provider to provide a relevant and informed Service to you. When you first contact Someone Health Pty Ltd (either by phone, email or through the Online Platform), you will generally provide information like your name, phone number, address, Medicare and payment details. You may also provide some background information relating to your need for the  Services.  This information is held in our secure database and, if you proceed to make a booking, will be made available to your Service Provider.

     

    If you do not agree to these Terms of Service relating to Privacy and Consent, we may not be in a position to provide to you the Services which you are seeking to receive.

     

    Except with your express permission and except as described above, we will keep all information you provide to us confidential and secure at all times. The circumstances in which an exemption to this confidentiality would apply include (but are not limited to):

    • a) in the case of a validly issued Subpoena by an Australian Court of Law or otherwise where disclosure is required by Law;
    • b) if we identify an imminent threat of harm to yourself or another person we may decide, without obligation to do so, to report that information;
    • c) where your prior approval has been obtained, to:
    •   (i) provide a written report to another professional or agency such as a Lawyer, GP or other Medical Specialist;

      (ii) discuss the material with another person, such as a parent, family member, employer or health fund provider;

       (iii) disclose the information in another way; or

       (iv) disclose to another professional or agency (e.g. your GP) and disclosure of your personal information to that third party is for a purpose which is directly related to the primary purpose for which your personal information was collected.

     

     

    2. Use of information

    The personal information you provide to us is used to administer and manage the services provided to you by our Service Providers. Notwithstanding the best endeavours taken by Someone Health, no warranty is given as to the suitability of the Service Provider provided for your particular needs.

    During the course of your treatment and from time to time, Someone Health may be required to share your confidential information with, or otherwise request confidential information from, third parties such as Registered Medical Professionals (including Psychologists, Counsellors, General Practitioners or Psychiatrists), who are also bound by confidentiality obligations. By agreeing to these Terms of Service in relation to Someone Health’s Privacy Policy and Consent requirements, you authorise us to make such disclosures to third parties as required by law or as otherwise required to third parties involved in your treatment. We will endeavour to take all reasonable steps to ensure that your confidential information is handled with due care and provided in accordance with our confidentiality requirements and the confidentiality requirements of third parties. 

     

    3. Information retained by Service Providers

    All of the Service Providers providing their Services for Someone Health are independent practitioners and are not employed by us. However, they are all registered members of professional bodies which stipulate best practices for information management and the provision of Services.

     

    Your Service Provider will gather additional information during the sessions you have together. Often, your Service Provider will make notes about your session, either during or immediately following your appointment. This information is used by your Service Provider to provide the best possible Service to you.

     

    Your Service Provider is responsible to ensure that this information is securely held according to the confidentiality policies stipulated by their governing professional organisations, and in accordance with Australian privacy law. 

     

    4. Accessing your personal information

    You are entitled to access the personal information we keep about you on file, subject to relevant exceptions in applicable legislation and under relevant laws. We kindly ask that you request your information in writing. Please contact our office for more information or to request access to your information. 

     

     

    5. Complaints 

    If you have any concerns about your privacy or the use or management of your personal information provided to us by email or phone, please feel free to contact us. 

     

    If you are concerned about the information which you provided to your Service Provider, please contact your Service Provider directly.

    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.

    Definitions and Interpretation

    Agreements means the client’s acceptance of these Terms and Conditions. 

     

    Client means the person requesting, accepting and engaging in services provided by the website, its Contractors, owners, Directors and employees.

     

    Events means scheduled appointments with the providers of the services on the website.

     

    Someone Health Pty Ltd (Someone Health) means the owner of all intellectual property and services provided on the website.

     

    Platform / Website means any online platform or internet website through which the services are provided to the client being comprised within the domain someone.health or as may be changed or updated from time to time.

     

    Service Providers means Registered Medical Professionals including but not limited to Psychologists, Counsellors, General Practitioners or Psychiatrists providing Services to Clients via either video conferencing, phone or through the website.

     

    Services means the provision of telehealth services through either video conferencing, phone or through the website.

     

    Third Party Consent means consent given to Third Parties by the client for the use of Third-Party Consent associated with the services under this Website.

     

    When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the website (the “Company”).