PATIENT PORTAL TERMS OF SERVICE

  1. Prevento Pty Ltd (ACN 674 487 953) (“Prevento”, “we”, “us”, “our” and other similar grammatical forms) provides access to an online portal hosted at www.prevento.com.au (the “Portal”) for individuals seeking healthcare services (“Authorised Patient”, “you”, “your” and other similar grammatical forms). Our Portal connects Authorised Patients with Independent Practitioners that can provide Healthcare Services to you.
  2. The Portal is not an emergency service. In cases of emergency, please contact 000.
  3. The Portal is an introductory service, where you can connect with your Independent Practitioner so that they can provide you with Healthcare Services directly. The Independent Practitioners are not our employees, contractors, agents or authorised representatives. We do not engage the Independent Practitioners to deliver Healthcare Services on our behalf. Rather, the Independent Practitioners run their own medical business and engage us to provide them with support services so that they may deliver their Healthcare Services to you. You are a patient of the Independent Practitioner, not Prevento.
  4. While we use our best endeavours to ensure that all Independent Practitioners are appropriately qualified to provide Healthcare Services to you in accordance with Australian laws, we do not represent or warrant or guarantee that they may be the right fit for you. As independent practitioners, Independent Practitioners exercise independent professional and clinical judgement and they are solely responsible for the Healthcare Services they provide to you.

YOUR AGREEMENT

  1. These Terms of Service (“Terms”) constitute a legally binding agreement for Authorised Users accessing and using the Portal. You understand that by:
  1. registering an account with us;
  2. accessing and using the Portal; and / or
  3. receiving Healthcare Services from Independent Practitioners,

you are agreeing to be legally bound by these Terms. If you do not accept these Terms in their entirety, then you may not access or use the Portal. If you agree to these Terms on behalf of any person (e.g. as a legal guardian or parent), then you represent and warrant that you have the authority to bind that person to these Terms and that your agreement to these terms will be treated as the agreement of that person. Under this arrangement, all references to “you” and “your” will also apply to that person.

ACCESSING AND USING THE PORTAL

User Identity and Safety

  1. All Authorised Patient identity information associated with an Account will be validated by information at any time by any reasonable means, including by any background checks and the provision of personal information.
  2. User safety is a primary focus for Prevento; however, we cannot guarantee safety at all times and under every circumstance. These are the steps we take and the conditions you agree to for safe and proper use of the Portal:
  1. All users must be in Australia and at least 18 years old to register an Account to access and use the Portal, or provide evidence of consent for registration from a legal guardian or parent. We will validate all user information to confirm their age. For people who are under 18, please provide written evidence of guardian or parental consent to info@prevento.com.au for user validation.
  2. You acknowledge and agree that by creating an Account, your user name will be visible to Independent Practitioners.

  1. You agree and acknowledge that you will:

  1. be honest, courteous and respectful in all your dealings with us and any Independent Practitioners;
  2. use your own good judgement when posting information and documentation on this Portal;
  3. use all precautions when using the Portal to ensure that you are not exposing yourself to viruses or other malicious code;
  4. not engage in any unsound, unethical, defamatory or improper conduct;
  5. provide full and correct information to us, and provide truthful explanations to us, in all matters relating to these Terms;
  6. ensure at all times that your conduct does not bring any discredit on us or cause any nuisance or disruption to us, or to any Authorised Practitioner subject to applicable laws which regulate the conduct of healthcare practitioners;
  7. immediately notify us if you become aware of any misuse of the Portal or any breach of these Terms.
  1. You further agree and acknowledge that you will not:
  1. use the Portal in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s rights (including intellectual property rights or privacy rights), violates these Terms, or which restricts or interferes with the lawful provision of the Portal to any other Independent Practitioner;  
  2. use the Portal for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
  3. upload viruses or other malicious code or content that can be accessed by us or by other Independent Practitioners;
  4. solicit login information or access an Account belonging to someone else;
  5. upload any content that is criminal or pornographic in nature or in breach of the civil rights of any individual, or otherwise bully, intimidate, or harass any Independent Practitioner or any other person;
  6. facilitate or encourage any of the above or any other violations of these Terms; or
  7. create any “links” to any part of the Portal, or “frame” or “mirror” any content contained in, or accessible through, the Portal, on any server or internet-based device without our prior written consent. Other than as provided by the Portal, you may not use any data mining, screen scraping or similar software or other data gathering, analysis or extraction tools or processes on the Website, except with our prior written consent.
  1. Failure to abide by these Terms may lead to termination of your Account.

Independent Practitioners

  1. As part of your use of the Portal, we may connect you with an Independent Practitioner such as general practitioners and other qualified Australian healthcare providers to provide you with Healthcare Services.
  2. You may use the Portal to connect with Independent Practitioners to:
  1. attend online or telehealth appointments;
  2. organise the attendance of an Independent Practitioner for home-visits or other locations; or
  3. use any other Portal features we introduce that connects you to an Independent Practitioner.
  1. Where the Independent Practitioner determines that you require further specialised healthcare services, the Independent Practitioner may refer you to a specialist. Your Independent Practitioner will give you a referral letter. You do not need to maintain access to the Portal to use the referral letter. The applicable fees for independent services provided by another specialist not connected through the Portal are at the specialist’s discretion.
  2. In cases of emergency, please contact public emergency services immediately by dialling “000” by telephone. We are not responsible for any loss, damage, cost, expense, action, claim, demand, proceeding, injury or liability, including any consequential loss or damage suffered by any person as a result of a failure by that person or any other person to contact public emergency services.

Fees Payable for Healthcare Services

  1. We do not charge you a fee to maintain your Account or use the Portal.
  2. The Independent Practitioners will charge you for the Healthcare Services they provide to you. Please note that the Independent Practitioners only accept cashless payments in accordance with the specified payment method(s) on our Portal and Website.
  3. The Independent Practitioners operate independently and bill under their own ABN. All fees are at their discretion and will vary based on the consultation type, appointment length, and complexity.
  4. All applicable fees are due and payable using the specified payment method(s) on our Portal and Website. You will be required to make full payment within 24 hours of receiving your Independent Practitioner’s invoice. Failure to pay the invoice may result in being unable to book another consultation with any Independent Practitioner on the Portal.
  5. We will allow you to store credit or debit card information on the Portal. If you wish to designate a different credit or debit card, or if there is a change in your credit or debit card status, you may access and modify your payment information using the Portal.
  6. You will be liable to pay any foreign, federal and/or state taxes as may be applicable to you or your business in connection with your access to, or use or receipt of, the Portal.

Privacy and Security

  1. Please refer to our privacy policy for how we collect, use and protect your Personal Information when you use our Portal.
  2. You must use your own reasonable efforts to safeguard the security of any username and password that you enter or that we provide to you in connection with the Portal. You must not disclose the username or password to any third party. We will be entitled to treat any use of, or action taken using, such password on the Portal as being made or authorised by you. You must not allow any third party to perform any action under or through your Account, and you remain entirely responsible for any and all activities that occur on the Portal or otherwise under your login name.
  3. You agree to immediately notify us if you become aware of any unauthorised use of your Account, your login name or any other breach of security known to you. You must use our Portal only in accordance with these Terms.

No Commercial Use

  1. You must not use any part of the Portal for any commercial purposes.

Chargebacks

  1. If you initiate a chargeback on your credit or debit card, or take any similar action, you may be charged a chargeback fee, at your Independent Practitioner’s discretion in compensation for the costs incurred.

Limitation of Liability and Third Party Reference and Links

  1. Our Portal contains references to third parties and links to sites on the internet owned and operated by third parties which are not under our control. We are not affiliated or associated with, or endorsed by, any third party referenced on our Portal. You must not rely on any reference to a third party on our Portal in connection with the accuracy, truthfulness, usefulness, reliability or integrity of any information contained on our Portal in relation to any third party.
  2. To the maximum extent permitted by law, we disclaim any and all warranties, guarantees or representations (either express or implied) contained on the Portal about:
  1. the accuracy, reliability, completeness, usefulness, timeliness or otherwise of any information contained or referred to on the Portal as they relate to third parties; and
  2. the merchantability or fitness for any particular purpose for any goods or services provided by any third party.
  1. Any information we make available to you through links to third party sites on the internet is provided by third parties, and does not originate from us. We do not independently verify the information provided by third parties, including information provided by any other Authorised User, and pass on information to you with no representation or warranty regarding the accuracy, truthfulness, usefulness, reliability or integrity of any information that has not expressly originated from us.
  2. In relation to the other sites on the internet, which are linked on the Portal, we:
  1. provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
  2. are not responsible for the material contained on those linked sites and do not accept any liability whatsoever arising from your use of those linked sites.

Limitation of Liability and Intellectual Property Rights

Our Portal

  1. You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (“IP Rights”) in the Portal and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any of our IP Rights, or those of any third party, relating to, or in any way connected with, the Portal, to you or any other person whatsoever.
  2. You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to the Portal and whether created before or after the commencement of this agreement) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be).
  3. You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.
  4. Upon Authorised registration to our Portal, we grant you a limited, non-exclusive, non-transferable, non-sublicenceable, revocable right to access and use the Portal solely in accordance with these Terms.
  5. You may download material from the Portal for your use provided you do not remove any copyright and trade mark notices contained on the material. You are not permitted to copy, modify, reproduce, distribute, sell, or lease any part of our Portal. You are not permitted to reverse engineer or attempt to extract the source code of any software on our Portal.

Your Submitted Content

  1. You can upload information and documentation to the Portal for the purposes of receiving Healthcare Services from Independent Practitioners.
  2. By submitting content to our Portal, you represent that:
  1. you own the copyrights to the content you have created, or you have express or implied permission from the copyright owners to use and upload the content – which may include, but is not limited to, medical records about you created by healthcare practitioner which are in your possession;
  2. your uploading of the content will not violate any law, regulation, or ethics code;
  3. uploading the content will not violate our Terms.
  1. You are prohibited from uploading, posting, or otherwise distributing through the Portal any content which may violate another party's Intellectual Property rights and you indemnify us from any damages, costs, losses or liabilities which may arise from our use of the content you submit.
  2. If we receive a valid copyright infringement notice from a third party, we reserve the right to:
  1. remove or disable access to the infringing content;
  2. notify you of the infringement that we have removed or disabled access to the applicable content; and
  3. terminate your access to the Portal if you are a repeat offender.
  1. By submitting any information or other material on our Portal that is not in breach of any third party Intellectual Property, you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
  1. for the purpose of complying with our obligations under, and to permit you to comply with all of your obligations under, these Terms;
  2. use, copy, sublicence, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and
  3. sublicence to any third parties the unrestricted right to exercise any of the rights granted, provided that, where such use is not for the purpose of complying with these Terms, all personal information will be removed from the information and materials before such information and/or materials is made available to any other person.
  1. You agree that the licence provided to us includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.
  2. You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that information or other material.
  3. At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this grant of licence and consent.
  4. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any information or materials you upload to or through the Website. You expressly release us and our agents, partners, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to your posting of information or materials.
  5. You are liable for any content you upload, transmit or otherwise submit to or communicate via the Portal. If we receive any notice of alleged infringement of Intellectual Property by you, then you indemnify us against any loss or harm whatsoever that we may suffer as a result. We reserve the right to take any further actions in response, including removing the relevant content from the Portal and / or terminating your access to the Portal.

Independent Practitioner Submitted Content

  1. An Independent Practitioner may submit content in connection with their delivery of Healthcare Services to you which are accessible to you through our Portal.
  2. To the maximum extent permitted by law, we:
  1. disclaim any and all warranties, guarantees or representations (either express or implied) contained on the Portal about the accuracy, reliability, completeness, usefulness, timeliness or otherwise of any information or documentation submitted by Independent Practitioners; and
  2. are not responsible for the content submitted by Independent Practitioners and do not accept any liability whatsoever arising from your use of such content.

Termination of Access

Cancellation by Prevento

  1. We reserve the right from time to time to immediately alter, interrupt, suspend, or terminate your right to access the whole or any part of the Portal, including access to booking an Independent Practitioner, at any time in our sole discretion and without giving any explanation, justification or notice for the termination of access.
  2. Without limiting our rights above, we may also immediately terminate your right to access the whole or any part of the Portal without any notice to you if you are in breach of these Terms at any time.
  3. On termination, you will remain liable for any charges or fees incurred as a result of your access and use of the Portal, including the Healthcare Services received, before the date of termination.
  4. You agree that we will not be liable for any costs, losses or damages of any kind that may arise from any such interruption, suspension, termination or alteration pursuant to these Terms.
  5. If we terminate your access, you agree not to continue to use or access the Portal, including under a different account, or reregister under a new account.
  6. Termination does not affect any accrued rights or liabilities of either you or us, nor does it affect any provision which is expressly or by implication intended to operate after termination.

Cancellation by You

  1. If you are dissatisfied with the Portal, you may cancel your Account at any time. To the maximum extent permitted by law, such cancellation and termination will be your sole and exclusive remedy in relation to any dissatisfaction in connection with your use of the Portal.

Portal Availability

  1. We will use our best endeavours to ensure that the Portal is accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to the Portal immediately, including where:
  1. there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of the Portal;
  2. it is reasonably required to reduce or prevent fraud or interference with the Portal;
  3. we are required to comply with an order, instruction or request of a government authority, or other such competent body; or
  4. we are otherwise prevented from making the Portal available by circumstances outside our reasonable control.
  1. You acknowledge and agree that access to the Portal is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of the Portal, your internet service provider or telecommunications provider, the speed and bandwidth of your internet connection, the equipment or devices which you use to access and use the portal, our hosting and web server (to the extent that we engage third party contractors) and other factors which may impact upon the delivery of the portal to you via the internet.
  2. While we will use all reasonable endeavours to ensure that you have continuous access to the Portal, we will not be liable to you or any other person for any loss to property or persons caused by such factors.
  3. We reserve the right to restrict or remove access to the Portal for the purpose of undertaking maintenance and updating of the Portal.
  4. We do not warrant that any part of the Portal is or will be completely error free or free of defects. Certain parts of the Portal may be made available on an “alpha” or “beta” basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of the Portal are released on such an “alpha” or “beta” basis. We are not responsible for any loss to property or persons incurred as a result of the use by any person of any parts of the Portal which are released on an “alpha” or “beta” basis.

DISCLAIMER

  1. The Portal is delivered on an “as is” and “as available” basis. In this context, we do not warrant that the Portal will be error-free or uninterrupted.
  2. Whilst all due care has been taken in providing the Portal, to the greatest extent permitted by law:
  1. we do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose; and
  2. any condition, guarantee, or warranty which would otherwise be implied into these terms and conditions is excluded.
  1. All due care is taken in ensuring that the Portal is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of the Portal or any third party link.
  2. We undertake to take all due care with any information which you may provide when accessing the Portal and to preserve such information in a secure manner in accordance with our privacy policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Portal is entirely at your own risk.
  3. We provide no warranty as to the accuracy or currency of account information or other information or data uploaded to the Portal by any Authorised Patient, Independent Practitioner or any other person.
  4. From time to time, we may host third party content on the Portal such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.

LIMITATION OF LIABILITY

  1. You acknowledge and agree that:
  1. the Independent Practitioners are not our employees, contractors, agents or authorised representatives;
  2. you are a patient of the Independent Practitioner, not Prevento; and
  3. the services provided by Prevento to you is exclusively limited to connecting you to the Independent Practitioners pursuant to these Terms.
  1. You acknowledge and agree that, to the greatest extent permitted by law:
  1. You access and use the Portal and any system operated by us (including but not limited to storage and hosting systems) at your own risk and expense.
  2. You are solely liable for your own acts, omissions and negligence.
  3. We are not liable for any loss to property or persons as a result of, whether directly or indirectly:
  1. any wilful act, omission or neglect by you;
  2. your use, non-use or misuse of the Portal;
  3. the use, non-use or misuse of the Portal by any other person;
  4. any infringement of any third party’s IP Rights;
  5. your breach of these Terms; and
  6. any Healthcare Services provided by an Independent Practitioner to you through the Portal.
  1. You further acknowledge and agree that, to the greatest extent permitted by law:
  1. you are solely responsible for your own actions, omissions and negligence in connection with the use of the Portal, including your conduct in connection with Healthcare Services you receive from Independent Practitioners;
  2. each Independent Practitioner is solely responsible for their own actions, omissions and negligence in connection with the delivery of their Healthcare Services to you; and
  3. if you suffer any loss because of the actions, omissions and negligence of any Independent Practitioner, you agree not to take any action against us whatsoever.
  1. You otherwise acknowledge and agree that unavailability of the Portal or restricted access to the Portal does not prevent you from seeking healthcare from your regular health practitioner or from any other provider of healthcare.

INDEMNITY AND RELEASE

  1. To the greatest extent permitted by law, you will at all times indemnify and keep indemnified us and our respective officers, employees, contractors, agents and representatives from and against any and all loss (including legal costs and expenses on a solicitor and own client basis) incurred by any of those indemnified arising from any action, claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss arose out of, in connection with, or in respect of your:
  1. use, non-use or misuse of the Portal;
  2. breach of these Terms; and
  3. conduct in connection with the receipt of Healthcare Services from Independent Practitioners.
  1. You release us and our respective officers, employees, contractors, agents and representatives from all liability in relation to the matters described in this clause.

REFUNDS

  1. Please note that all payments are made directly to your Independent Practitioner.
  2. If you have any concerns regarding a payment made to the Independent Practitioner, please enquire with them.

GENERAL

Alteration to Terms

  1. We reserve the right to modify, permanently or temporarily disable, or discontinue any part of the Portal and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Portal at any time, without liability or further notice to you. Your continued use of the Portal will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

No Waiver

  1. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorised representative of each party.

Assignability

  1. You acknowledge and agree that Prevento may assign its rights and obligations under these Terms to a third party without your consent.

Severability

  1. To the extent that any part of these Terms are held to be illegal, invalid, or unenforceable in whole or in part under applicable law, then that part (or any part of it) will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.
  2. The illegality, invalidity, or unenforceability of any such part in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction.

Applicable law

  1. These Terms will be governed by and interpreted in accordance with the laws of Victoria, Australia, and without giving effect to any principles of conflicts of laws to the maximum extent permitted by law.
  2. You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these Terms.

Notices

  1. Each Authorised Patient must provide and maintain valid and current contact details on the Portal.
  2. You consent for us to use the following methods to send you notices in connection with these Terms via electronic means based on your contact details.
  3. You may send notices to us at info@prevento.com.au.
  4. An email sent will be taken to have been served at the time of sending, unless within 24 hours of it being sent the sender receives a manual or automated response indicating that it was not delivered successfully.

DEFINITIONS

  • Account means the right of a person to access and use the Portal.
  • Authorised Patient means a person who has been validated to hold an Account on the Portal in the name of that person in order to connect with Independent Practitioners for receipt of Healthcare Services.
  • Independent Practitioner means a doctor, nurse, allied health professional or any other qualified Australian healthcare provider that has a current support services agreement with Prevento, holds an Account and provides Healthcare Services to Authorised Patients.
  • Intellectual Property means any and all intellectual property rights (whether statutory, common law or otherwise), including all rights in inventions, patents, patent applications, utility models, copyright (including future copyright), trade marks, logos and design marks, service marks, trade names, business names, brand names, designs, know how, trade secrets and rights in confidential information, domain names, other names and locators associated with the world wide web, internet addresses, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
  • Personal Information has the meaning in the Australian Privacy Act 1988 (Cth) as amended.
  • Portal means the Portal accessible by Authorised Users and all associated software, apps, files, emails, SMS, pictures, data, hardware, technology, business systems and processes and other resources.
  • Healthcare Services means the healthcare services provided by an Independent Practitioner to an Authorised Patient.
  • Website means the website located at www.prevento.com.au and all other related domains and subdomains.

Prevento ABN: 60674487953info@prevento.com.auHealthlink EDI: prevento
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