Welcome to the website of Directmeds Services (ABN 24 665 799 753) ("we", "us" or the "Company"), an Australian Telehealth platform that connects patients with Australian based doctors for remote consultations. The website facilitates confidential consultations via telehealth (video, phone, or secure messaging) and, where appropriate, enables registered doctors to create treatment plans and prescribe routine medications. We focus on general practice services (initially provided by an International Medical Graduate doctor practicing as a GP under supervision) and will expand to include other Australian-registered doctors. Note: The service is not for medical emergencies. In an emergency, call 000 immediately.
This website is located on the web via the domain https://www.directmeds.com.au/ and includes all of the files located in that domain ("this site").
By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy, which is incorporated by reference into these Website Terms of Use.
You must be at least 18 years of age to use this site. In some circumstances, we may allow a minor over the age of 16 to use this site and our services. This will be accessed on a case-by-case basis and we will access your intelligence and understanding accordingly. Unless approved in writing by us, by using this site, you represent and warrant to the Company that you are over the age of 18 years.
You acknowledge and agree that the laws of Australia apply to these services. If you are outside of Australia, you warrant that:
Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor without our knowledge or consent, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
The Company reserves the right to make any parts of this site accessible only to users who have registered.
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
In order to register an account with this site, you must agree to these Website Terms of Use and provide the Company with:
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.
The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
By accessing this site, we enable telehealth consultations between you and a medical practitioner. By using our services, you consent to receive healthcare services via telehealth (technology-based consultations). You acknowledge and agree that:
If your practitioner issues a prescription during a telehealth consultation, it will be provided using a method at our discretion, which may include a scanned paper prescription, electronic prescription or a legally valid digital prescription token, in line with Australia’s electronic prescribing regulations.
Electronic prescriptions are the legal equivalent of paper prescriptions in Australia and are transmitted securely.
For your convenience, we offer to forward the prescription to a partner pharmacy. The partner pharmacy (an Australian-licensed pharmacy) will dispense the medication and deliver it by post to your nominated address. You consent to us sharing necessary personal and prescription information with the partner pharmacy to fulfill your order (see Privacy Policy).
Using the Platform’s telehealth services may incur consultation fees. Payment for a consultation is typically collected when you book or before you speak with a Practitioner. Fees will be clearly displayed before you confirm an appointment. By confirming a booking, you agree to pay the fees for the consult.
The Company reserves the right to change the prices for services displayed in this site at any time before you place an order.
All prices listed on this website are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST). Any fees or charges, including shipping costs, also include GST where applicable.
"GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made by credit card processed online using any other secure payment gateway that we may implement from time to time.
The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as "Stripe" for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website.
We maintain a Stripe reference number that we use for auto repeat subscription payments. Stripe will save your payment details and the system will deduct funds from your nominated payment method automatically. You agree for us to deduct funds automatically in this manner for the duration of your subscription.
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address, Stripe reference number and billing address).
The Company may also use the third-party payment gateways provided by Afterpay and Zip for its secure online payment transactions. Payments made through these providers are subject to their own terms and conditions and privacy policy. For more information about Afterpay and Zip, please review the terms and conditions on their website.
We may vary the type of credit and debit cards we accept from time to time. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
While our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
In these Website Terms of Use, the term "Proprietary Content" means:
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The phrase "DirectMeds Services" is a trademark of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site 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 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 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
You agree that your use of this site is at your own discretion and risk. You agree to release the Company 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 Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
In these Website Terms of Use, the following rules of interpretation apply:
The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.
You may only vary or amend these Website Terms of Use by written agreement with the Company.
These Website Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
YOU MUST NOT:
By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.