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Terms of Service

TERMS OF SERVICE

Welcome to Virtu Health.

If you have a medical emergency, please stop now and contact local emergency services. If you are in Australia dial 000. If you are overseas, and don’t know who to call, we recommend you contact the Australian Government’s 24-hour Consular Emergency Centre on +61 2 6261 3305.

Thanks for reaching out, seeking help and thank you for taking the time to read our terms and conditions. This website located at www.virtuhealth.com.au (the Website) is owned and operated by VIRTU HEALTHCARE PTY LTD ABN: 87 677 194 268.

By using this website and in consideration of Virtu Health providing you with access to the Website, you agree to the following Terms and Conditions, which, together with the Privacy Policy, govern your access to and use of the Website.

Virtu Health reserves the right to amend these Terms and Conditions on occasion.

WHO WE ARE
  • VIRTU HEALTHCARE PTY LTD ABN: 87 677 194 268
    Email: admin@virtuhealth.com.au
  • Virtu Health is a mental health platform that facilitates confidential consultations with Australian registered health practitioners.
  • Our website content and any communications you have with Virtu Health representatives (other than the Practitioners ) do not constitute medical advice. You should always obtain medical advice from a Practitioner or your regular doctor to ensure any particular medication or treatment is suitable and safe for you.
USER ACCOUNT
  • Registered users will be required to create an Account password. It is your responsibility to keep this password secure. If you suspect your Account has been subject to unauthorised use you must immediately notify Virtu Health and change your password.
  • When you register for an Account you will provide Virtu Health with personal information including for instance, your name, age, date of birth, gender, Medicare Card number and contact details. Virtu Health will handle personal information in accordance with our Privacy Policy. It is your responsibility to ensure the information provided is up to date and complete.
  • Virtu Health requires your Medicare Card details in order to continue providing a free service to all users where indicated. You will be notified by your Practitioner if your Medicare Card is being used for payment.
  • You agree that all information provided to Virtu Health, and, Practitioners will be accurate and complete (including by providing a full list of any current medications you are taking) and that you will not omit any information that a reasonable person would consider relevant to the services you seek through the Website. It is your responsibility to advise your regular doctor of any medications our Practitioners have prescribed to you.
SERVICES
  • Virtu Health takes no responsibility and makes no warranties, express or implied, in relation to the content of any consultation between you and a Practitioner. You and your Practitioner are responsible for the conduct of the consultation and all information or communications made, including through a phone/video call.
  • Practitioners have the same obligations to you as if they were consulting you in person. Practitioners will make notes of their consultation with you and it is their responsibility to hold and maintain your records as required by law. Virtu Health may from time to time hold copies of notes made by your Practitioner.
  • Virtu Health makes no warranties that an online consultation with a Practitioner is suitable for you.
  • For consultations not relating to mental health, your fee covers your initial consultation with a practitioner.
  • Virtu Health is not a pharmacy and therefore does not supply any medications, Virtu Health has a partner pharmacy for medication dispensing. In cases where you have been notified to use a Pharmacy that is aligned with Virtu Health, we will facilitate the supply of scripts to the partner pharmacy who will contact you for payment of the medications.
  • Virtu Health follows strict prescribing guidelines, in line with TGA rules and regulations. We will not deviate from these guidelines.
  • Following your initial consult, you have the right to access unlimited support from a practitioner (by video, phone or text) and/or registered nurse during your time with Virtu Health, at no extra cost, this will be covered by Medicare.
  • This service will be bulk-billed (that is, no out of pocket cost to you), and you will need to consent to use such service (and assignment of the Medicare rebate in full payment of the service covered by that item) at the time of receiving the service.
  • Mental health services, including phone or video consultations with a Practitioner, will be free. Where you do receive this service, the service will be bulk-billed (that is, no out of pocket cost to you), and you will need to consent to use of such service (and assignment of the Medicare rebate in full payment of the service covered by that item) at the time of receiving the service.
  • If your Mental Health consult includes prescription of medication, the individual will be provided with an electronic script (e-script) via email or text message. It will be the responsibility of the individual to pay for, and have the script filled. Unless you are accessing our Chronic Condition Program. These scripts will be sent to the partner Pharmacy.
  • In line with government policy and regulations your health care provider including but not limited to Doctors, Practitioners and Pharmacists, may upload your medical information to My Health Record. If you wish to hide or remove documents from your My Health Record, or cancel your My Health Record please go to digitalhealth.gov.au for further information.
INTELLECTUAL PROPERTY
  • All material on the Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Virtu Health. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Virtu Health, or as permitted by law. All rights of Virtu Health are reserved.
  • ‘VIRTU HEALTHCARE PTY LTD.’ and aspects of the Virtu Health logo are trade marks of VIRTU HEALTHCARE PTY LTD.
  • Trademarks used on the Website to describe third parties and their products are trademarks of those third parties.
LINKING AND THIRD PARTY CONTENT
  • You must not link to, frame or mirror any part of the Website without Virtu Health’s written authorisation.
  • The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Virtu Health. Virtu Health does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
YOUR CONDUCT

You must not:

  • use the Website in breach of any applicable laws or regulations;
  • use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of Virtu Health);
  • use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
  • interfere with, disrupt, or create an undue burden on the Website;

Upload, post, transmit or otherwise make available any material that:

  • is not your original work, or which may infringe the intellectual property or other rights of another person;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • includes an image or personal information of another person unless you have their consent;
  • you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content; or
  • contains financial, legal, or other professional advice.

Without limiting the above, you will not and will not permit a third party to:

  • use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
  • use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
  • do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

If you believe that a user has breached any of the above conditions, please contact us.

  • Virtu Health reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Website, you grant Virtu Health a non exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968. For the avoidance of doubt Virtu Health will not use, reproduce, edit or exploit your health information provided to Virtu Health.
  • Virtu Health is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than Virtu Health. Virtu Health does not endorse any opinion, advice or statement made by any person other than Virtu Health.
  • You agree to indemnify Virtu Health and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Virtu Health in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
COOKIES

A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit personal requirements.

We may use third-party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Website.

While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

USER CONTENT
  • In these terms of use, ‘your content’ means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website through the Contact Us Form or Email feature, for whatever purpose.
  • You warrant and represent that your content will comply with these terms of use.
  • Virtu Health reserves the right to display any reviews posted via external sites, on our website
  • Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party.
  • You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  • We reserve the right to edit or remove any material submitted to our website through the Contact Us Form, or stored on our servers, or hosted or published upon our website and we will store and maintain records as required by law.
  • We will store and maintain all material and records as required by law.
LIABILITY

To the extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

To the extent permitted by applicable law, we disclaim any liability resulting from the provision of services by Doctors or Practitioners and the supply of goods (and associated advice) by Pharmacies. Liability shall rest with the appropriate provider and shall not be deemed to rest with us. For the avoidance of doubt and to the extent permitted by applicable law, we disclaim any liability resulting from the provision of services by a Doctor or Practitioner or the supply of goods (and associated advice) by Pharmacies. All Doctors, Practitioners and Pharmacies are solely responsible for the clinical services they perform including (in the case of Pharmacies) the supply of medications.

Without limiting the application of the exclusions and limitations set out in this section, to the extent permitted by applicable law, under no circumstances will we be liable to you for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of our service regardless of the form of action.

WARRANTY AND DISCLAIMER
  • By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.
  • To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Website and its use are hereby excluded. By accessing our Website, you agree to indemnify Virtu Health and each of its Affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.
  • Virtu Health does not warrant that the products and services provided through the Website are fit for your intended purpose. All products and services provided through the website are provided on an ‘as is’ basis without warranty of any kind, express or implied.
PRIVACY POLICY
  • Virtu Health’s Privacy Policy is incorporated by reference into these Terms and Conditions. By using the Website, you acknowledge the Privacy Policy.
REFUNDS POLICY, DISPATCH & DELIVERIES POLICY

Consultations: Virtu Health charges different consultation fees based on services accessed, these fees will be made known to before the assessment process. You will be charged the consultation fee once you start the assessment process. This consultation fee will be refunded to you if Virtu Health practitioners consider the telemedicine format as not appropriate for your specific condition.

PRESCRIPTIONS AND DELIVERY
  • After your practitioner approves the treatment and issues a prescription, Virtu Health partner pharmacy will dispense your medication within 7 business days of a successful consultation taking place. Your medication will generally be delivered by Australia Post. Delivery times by Australia Post differ, depending on your shipping address, please visit auspost.com.au/ for exact timelines, terms and conditions.
  • You can fulfil your script through a pharmacy of your choice, if you wish to do so please contact us at admin@virtuhealth.com.au or let your practitioner know early in your consultation. Virtu Health, will take no responsibility for any issues that may arise from using a pharmacy outside of our established network.
JURISDICTION
  • These terms and conditions are governed by the laws of New South Wales, Australia.
CONTACT

If you have any queries regarding these terms and conditions, please contact us at admin@virtuhealth.com.au

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