Client Terms and Conditions

1. Overview

1.1 HealthMate (Platform) is a digital mobile and web-based application developed and owned exclusively by HEALTHMATE CO PTY LTD ACN 691 309 663 (we, us, our) with domain name https://healthmate.co. It is designed to provide telehealth, in-clinic, and in-home service settings, act as a digital intermediary and care coordination facilitator, and offer practice management and digital health infrastructure services for healthcare practitioners through healthcare technology.

1.2 We and our third-party licensors reserve the right to update, modify, replace, limit, and expand the Platform and its functionality.

1.3 Each user of the Platform should read these Terms and Conditions carefully prior to registering to use the Platform.

2. Acceptance of Terms and Conditions

2.1 These Terms and Conditions record an agreement between you (Client, user(s), you, your), as the user, and us for the purpose of you registering to use the Platform.

2.2 By using the Platform, you are accepting these Terms and Conditions (Terms and Conditions) and agree to be bound by them.

2.3 By using the Platform, you provide informed consent to the collection and use of your information, the facilitation of the Services through Health Practitioner, and the use of AI-assisted tools. Consent is provided progressively at registration, booking and consultation, including for telehealth and in-home services, and may be withdrawn at any time subject to applicable cancellation and record retention obligations.

2.4 We reserve the right to make changes to these Terms and Conditions from time to time. We will notify you of material changes by providing an update email, in-app notification or by other reasonable means. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms and Conditions.

3. Subscription / Registration

3.1 At the time you register to use the Platform you may be required to provide your full name and date of birth; a valid email address and address; a valid phone number; funding type; health condition; and any other information required to complete the registration process (Client Data).

3.2 Failure to supply correct Client Data may result in us cancelling your registration.

3.3 You agree to update your Client Data if there are any changes to ensure that it is current and accurate at all times. You agree to update us to the extent you become aware of any such changes in relation to your account.

3.4 You agree to permit us to use the Client Data for the purpose of providing the functionality of the Platform and directly related purposes. You acknowledge that in order to do so, we may share the Client Data with Health Practitioners, service providers, and third-party suppliers engaged by us to deliver or support the Platform, in accordance with our Privacy Policy and applicable Australian privacy laws.

3.5 When you register with the Platform, you will be required to provide a valid email address and create login credentials. We may send verification, activation or account-related communications to your nominated email address.

3.6 You will cooperate to perform and complete all required onboarding steps to allow you to commence using the Platform.

3.7 You are responsible for maintaining the security of your login and account information (including the password). We are not liable for any loss or damage from your failure to comply with this security obligation. You must notify us immediately at support@healthmate.co if you become aware of any unauthorised access to your account.

3.8 You are responsible for all activities that occur on your account, and we will not be liable for any loss or damage from activities on your account.

3.9 You agree to use the Platform for its intended purpose. You may not use the software for any illegal or unauthorised purpose, including the transmission of malware. You must not use the service to violate any laws in your jurisdiction, including but not limited to copyright laws.

3.10 All Client Data will be stored and maintained by or on behalf of us in accordance with Australian law.

3.11 Our use of any personal or sensitive information provided within the Client Data will be in accordance with our Privacy Policy available at www.healthmate.co/privacy-policy. We are committed to protecting your personal and sensitive information through secure storage and transfer methods, including encryption where appropriate, in accordance with Australian privacy laws.

4. Service

4.1 The Platform enables Clients to access digital health support through the following services (collectively, the Services):

• Facilitate access for clients to allied health and mental health practitioners across Australia for telehealth, in-home and in-clinic services, including psychology, physiotherapy, occupational therapy, speech pathology, dietetics, podiatry, nursing or exercise physiology;
• Operate a digital intermediary and referral marketplace between clients and practitioners, including appointment booking, secure messaging, care coordination, referrals and billing integrations; and
• Provide practice management and digital health infrastructure services to healthcare practitioners, including electronic health records and Artificial Intelligence (AI) assisted administrative tools.

We provide a digital facilitation service only. We do not employ Health Practitioners, nor do we provide medical services, diagnoses, prescriptions, or clinical advice. All medical decisions and care planning are made solely by independent Health Practitioners, based on their own clinical judgment and professional obligations.

4.2 We reserve the right to modify the Platform and the Service at any time at our sole discretion. We will use reasonable efforts to notify you of material changes to the Platform or the Service.

4.3 The Platform and the Service is available to any user aged 18 years of age or older. Those under the age of 18 or other individual for whom you are the parent or legal guardian or authorised healthcare decision-maker/health attorney (Dependant) may use the Platform only where their account has been linked to a Platform account operated by their parent or legal guardian or health attorney (Substitute Decision Maker), in which case these terms and conditions are binding upon you as the Dependant's Substitute Decision Maker.

4.4 If a Health Practitioner assesses the decision making capacity of a Dependent, in compliance with all relevant laws and professional standards, and determines that the Dependent has the medical decision capacity to act on their own behalf (without the consent of the Substitute Decision Maker), the Dependent is entitled to their own account on the Platform.

4.5 The medical decision making rights of a Dependent held by their Substitute Decision Maker will automatically transition to the Dependent at 9:00 AM on the day that they turn 18 years old, in which case the Dependent is entitled to have their own account, unless the Practitioner reasonably believes that the Minor lacks the required decision making capacity.

4.6 If you access the Services for a Dependant, you confirm that you are authorised to make healthcare decisions on their behalf and consent to the collection and handling of their health information as permitted by law. You acknowledge and agree that a Dependant's own consent may be required once they are capable of making their own healthcare decisions, and we may refuse bookings where authority or consent cannot be verified.

4.7 By accepting these Terms and Conditions, you confirm and accept that:

• You are the user or the user's legal guardian, parent, or health attorney. You will provide proof of age, identification, and address if requested to do so.
• You may be required to provide all relevant or required information regarding you or the Client's health and medical history and failure to do so may result in us being unable to properly provide the Service to you.
• You are responsible personally for payment of the costs of the Health Practitioner's service in accordance with these terms.
• We are not liable for any advice or treatment provided to you by a Health Practitioner.
• We only provide the Platform by which you may engage with our digital health assistant to connect you with a Health Practitioner. You are responsible for ensuring that you attend any consultation in a manner that ensures privacy and the efficacy of the consultation.
• You are not permitted to make an audio or visual recording of a consultation with a Health Practitioner. During a consultation, the Health Practitioner may request that you upload an image, video, or audio for diagnostic purposes.
• We will record your consultations with a Health Practitioner (via our Platform) and you acknowledge that you have provided your consent for us to do so when booking your consultation. Recordings will be deleted post-transcription as outlined in our Privacy Policy.
• If you develop any adverse side-effects as a result of a remedy, treatment or medication prescribed by a Health Practitioner, you are to notify the Health Practitioner immediately.
• We do not warrant or represent the qualifications, quality, suitability, reputation, or specialisation of any Health Practitioner.

4.8 You are not permitted to communicate with a Health Practitioner outside of a designated consultation without the prior permission of the Health Practitioner.

4.9 The Health Practitioner will determine how a consultation will be run, and it may include video, audio, or text communication through the Platform. You are not permitted to use personal email, social media, or instant messaging to communicate with a Health Practitioner for a consultation.

4.10 Where a medical situation is too complex for a digital consultation, the Health Practitioner may recommend or arrange a home visit, or arrange an alternative location for a face-to-face consultation.

4.11 We cannot guarantee the availability of any Health Practitioner at the appointed time. If a Health Practitioner is unavailable, your appointment may be cancelled. We will endeavour to notify you as soon as possible of any cancellation.

4.12 You may nominate a preferred Health Practitioner through the Platform, however we do not guarantee the availability of your preferred Health Practitioner.

4.13 Health Practitioners have full discretion to cancel, reschedule or discontinue a consultation, or decline to treat you or the Client, at their sole and absolute discretion.

4.14 If required, Health Practitioners have the ability to amend any inaccuracies in your booking form prior to or during a consultation.

4.15 All prescriptions written by a Health Practitioner will be delivered directly to you through the functionality provided by the Platform. We are not responsible nor liable for any issues resulting from a failure to properly provide you with a prescription, or for you being provided a prescription that cannot be filled for any reason.

5. Suitability of Services

5.1 The Platform is not suitable for use in medical emergencies and does not provide emergency services. In the case of an emergency, you should contact emergency services by dialling 000 on your telephone. You should not rely on the Platform for urgent or life-threatening conditions.

5.2 The Platform is not intended to be a substitute for the ongoing involvement of your usual general practitioner or other regular health professionals. You should consult with your usual general practitioner or other regular health professionals before using the services of the Platform for you or the Client's ongoing health requirements.

5.3 The success of the Services and the services provided by Health Practitioners will depend on the completeness and accuracy of the information you provide. We must not be held liable for any loss or damage caused to you or the Client as a result of you withholding or providing incomplete, inaccurate, or misleading information.

6. Fees, Payment, Cancellation and Refund

6.1 If you choose to proceed with a consultation or communication with a Health Practitioner via the Platform, we may charge a fee for the consultation (Consultation Fee).

6.2 Where possible, all fees and charges will be displayed clearly on the Platform prior to confirmation. Consultation Fees may differ between practitioners. You will always be shown the relevant fee before payment is requested.

6.3 By confirming the consultation, you agree to pay the applicable Consultation Fee.

6.4 Consultation Fees payments are processed through third-party payment providers, with fees disclosed at booking and payable using the user's nominated payment method.

6.5 You are responsible for maintaining accurate payment details and paying any gap fees not covered by Medicare, NDIS, private health insurance or other funding arrangements.

6.6 By accepting these Terms and Conditions, you authorise us and any third-party payment processor to charge your nominated payment method for all applicable fees and charges.

6.7 To the maximum extent permitted by applicable Australian law, including the Australian Consumer Law (ACL):

• to avoid being charged the full Consultation Fee (including for NDIS or other funded services), Client must cancel or reschedule appointments with at least 48 hours' notice;
• if you do not attend your appointment, the Consultation Fee is non-refundable;
• if you cancel a consultation with less than 48 hours' notice, the full Consultation Fee will apply;
• if a Health Practitioner cancels a booking, the Client will receive a full refund; and
• we may, at our discretion, review any exceptional circumstances, including Platform failures for which we are responsible.

6.8 We must not be held responsible for any fees and charges imposed by your financial institution or any other third party that may be incurred if there are insufficient funds in your account or the payment fails.

7. Term and Termination

7.1 You can cancel your registration through the Platform at any time with the provision of seven (7) days' notice.

7.2 We reserve the right to suspend or delete your account immediately if you are in breach of any of these Terms and Conditions, including but not limited to any dishonest, discourteous, or otherwise unprofessional behaviour by you in relation to us. We may also terminate your account at any time for any reason by providing you with seven (7) days' written notice.

7.3 Termination will not affect any of our accrued rights or your accrued liabilities as at the time of termination. You are liable to pay all outstanding Fees and charges that have accrued as at termination.

7.4 Following termination, we will retain health records for the period required by law.

7.5 Termination will end Platform access and cancel future bookings in accordance with the cancellation policy under these Terms and Conditions.

8. Intellectual Property

8.1 Your subscription to the Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions creates an assignment of any rights in the Platform beyond the ability to use it for its intended use.

8.2 Nothing in these Terms and Conditions creates the right for you to sublicense the Platform, or your account.

8.3 By accepting these Terms and Conditions you undertake not to reverse engineer, replicate, or otherwise copy the Platform.

8.4 All intellectual property and ownership rights subsisting in the Platform remain our or our third party licensors' exclusive property. Nothing in this agreement assigns any ownership rights to you.

9. Artificial Intelligence Use

9.1 The Platform's AI-assisted tools support administrative and clinical documentation functions on the Platform, including appointment management, transcription of consultations, summarising consultation content, and drafting clinical notes, referral letters and reports for Health Practitioner review and approval. The AI-generated outputs are incomplete, are provided on an informational basis only, are not a diagnosis, medical advice or treatment recommendations, prescription or medical device, and must be reviewed by a qualified Health Practitioner before use in care planning.

By using the Platform, you expressly consent to the use of AI-assisted tools, including AI transcription and documentation technology. AI outputs are reviewed and approved by the Health Practitioner before forming part of the clinical record, do not constitute medical advice, and may be opted out of by users at any time.

9.2 At no time does the AI operate autonomously to make decisions regarding your care. All decisions regarding your health are made exclusively by qualified treating Health Practitioner based on their professional judgment and experience.

9.3 To improve the accuracy and effectiveness of the AI tools, de-identified user data and interactions may be used for model training and refinement. This data will be handled in accordance with our Privacy Policy and applicable Australian privacy laws.

9.4 To the maximum extent permitted by applicable law, we disclaim all liability for any harm, injury, or loss suffered as a result of reliance on AI-generated content.

10. Operation of the Platform

10.1 As a user of the Platform, you warrant that you will comply fully with all operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.

10.2 We accept no liability, and you agree that you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.

10.3 We may suspend your account for any one or more periods of time if we are unable to provide the software due to a fault or dysfunction with our servers.

11. Modifications to the Platform

11.1 We reserve the right to modify or discontinue, temporarily or permanently, the Platform and its other products and services with or without notice.

12. Warranties

12.1 By using the Platform, you represent and warrant that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Platform or from Health Practitioner clinical decisions, technical failures or service outcomes.

12.2 Subject to any of the rights you may have under ACL or Australian consumer protection law, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Platform or any other matter under these Terms and Conditions.

13. Limitation of liability and Indemnity

13.1 The Platform is made available to you on an "as is" basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to the operation and functionality of the Platform; the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the software content; and/or the products and/or services associated with the Platform or its content.

13.2 To the maximum extent permitted by law, we disclaim all liability for loss or damage arising from your reliance on AI-generated content; conduct or advice of Health Practitioners; inaccuracies in information you submit; Platform interruptions, errors or outages; indirect, special, incidental, punitive, exemplary, reliance or consequential damages; loss of profits; business interruption; network interruptions; loss or damage to reputation; or loss of information or data.

13.3 Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage.

13.4 We are not and do not hold ourselves out to be a medical professional or healthcare provider, and we are not liable for any medical or healthcare services provided or accessed through the Platform. We do not provide medical or health advice, and any queries relating to your health must be directed to a health practitioner.

13.5 We do not warrant the remedies, advice, prescriptions, or treatments otherwise of any Health Practitioners, and we fully disclaim all liability for any loss or damage arising out of the remedies, advice, prescriptions, or treatments otherwise of any Health Practitioners. You indemnify us and our officers, employees, and agents against any and all claims arising from or relating to the quality or suitability of any remedies, advice, prescriptions, or treatments provided by a Health Practitioner; any personal injury or death or any alleged or actual malpractice or negligence by any Health Practitioner; your failure to follow any of our operating instructions; and your use of the services provided by Health Practitioners.

13.6 Information hosted on the Platform, other than information provided by a Health Practitioner during a consultation, does not constitute healthcare or medical advice, and should not be relied on as such.

13.7 You agree to defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, suppliers, licensors and partners, and their respective officers, directors, employees, agents and representatives, from any claim or demand made by any third party due to or arising out of your access to or use of the Platform; your violation of this agreement; or any infringement by you of any intellectual property or other right of any person or entity.

13.8 Subject to clause 13.9, our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, will at all times be limited to the greater of (i) the total amount paid by you, or on your behalf, to us in connection with the Platform in the twelve (12) months prior to the action giving rise to liability or (ii) $500.00.

13.9 Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation that cannot be lawfully excluded.

14. Links to Third Party Content

14.1 We may link to the websites or other services offered by the Health Practitioners. In doing so, we do not warrant the functionality of the business, product, or service being advertised in the link.

14.2 Where we link to third party websites, we do not warrant the safety, functionality, or suitability of these websites.

14.3 The Platform may contain links to third-party websites not under our control or operation. Linked sites may be subject to their own terms and conditions. We accept no liability for any loss or damage suffered as a result of you accessing a linked site.

15. General

15.1 To the extent permitted by law, we reserve the right to create, collect and/or store any metadata resulting from your use of the Platform. We may use metadata for a variety of functions including conducting investigations, helping us manage and administer the Platform, search engine optimisation and to drive traffic to the Platform.

15.2 You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway and related technology required to run the Platform.

15.3 You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us.

15.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform without our prior express written permission.

15.5 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers will result in immediate termination of your account.

15.6 We do not warrant that the Platform will meet your specific requirements; that the Platform will be uninterrupted, timely, secure, or error-free; or that any errors in the Platform will be corrected.

15.7 You expressly understand, agree and warrant that we must not be liable for any direct, indirect, incidental, special, consequential or exemplary damages.

15.8 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us.

15.9 Any part of these Terms and Conditions that is invalid, prohibited or not enforceable must not void the balance of the Terms and Conditions.

15.10 We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, pandemics, government orders, power outages, cyber incidents or third-party infrastructure failures. If such an event continues for more than 60 days, you may close your account without penalty.

15.11 Disputes with us must first be addressed in accordance with the dispute resolution process set out in clause 15.14. This does not prevent urgent injunctive relief or complaints to regulatory authorities.

15.12 We make no representations or warranties that the content of the Platform complies with the laws (including intellectual property laws) of any country outside Australia.

15.13 Any queries about the Terms and Conditions should be sent to us by email at support@healthmate.co.

15.14 If you have a concern or complaint about the Platform, please contact us at support@healthmate.co. Before commencing any legal proceedings, you agree to attempt to resolve any dispute through good faith negotiation and, if unresolved, through mediation conducted in Victoria, Australia. Disputes arising from your use of the Platform are exclusively subject to the jurisdiction of the courts of Victoria.

15.15 Clinical, privacy or regulatory concerns may also be referred to relevant external authorities, including AHPRA, health complaints bodies, the NDIS Commission or the OAIC.

15.16 These Terms and Conditions are governed by the laws of Victoria.