Healthdirect Video Call - Terms of Use

1. General

1.1 These Terms of Use apply to your use of and access to healthdirect Video Call, as established and operated by Healthdirect Australia Limited (ABN 28 118 291 044)

1.2 In these Terms of Use:

1. Administrator means a portal, service, group or Organisation administrator that has been authorised by the Organisation with some level of responsibility or control in terms of other users of the healthdirect Video Call.
2. Approved Purpose means to increase the number of people accessing healthcare services via video consultation.
3. Consumers means patients, guests, carers, and other health professionals You invite to use healthdirect Video Call.
4. Consumer Video Room means a video room created for each Consumer as they enter a Waiting Area.
5. Devolved Local Recording or DLR means a digital recording and stored file copy of an audio or video and audio consultation that has taken place between a clinician and patient on the healthdirect Video Call Management Platform and which is held or stored by the clinician’s Organisation, not by Healthdirect Australia. The recording is recorded live during the consultation and no digital copy of the Devolved Local Recording is available on the platform post-consultation.
6. healthdirect Video Call means the suite of services and web-based management software designed to help health care providers offer video call access to their services as part of their day-to-day operations.
7. healthdirect Video Call Management Platform means the platform provided by Healthdirect Australia which allows You and Your Users to manage and attend video consultations.
8. healthdirect Video Call Material means any resource material and administrator information supplied by Healthdirect Australia that may be provided to You by Your Organisation or by Healthdirect Australia.
9. Organisation means, where applicable, the organisation which you are a part of or affiliated with that has authorised You to access the Services as an Account Holder.
10. Personnel means any employee, officer, agent or direct or indirect contractor (including subcontractor) 
11. Practitioner means any person who provides clinical services to Consumers;
12. Service Provider means any Organisation or Practitioner involved in providing clinical services to patients on the healthdirect Video Call Management Platform;
13. Services means healthdirect Video Call, which includes the healthdirect Video Call Management Platform and the healthdirect Video Call Material.
14. Start Video Call Button means the button, if any, You embed on Your Website that enables consumer to enter a Waiting Area.
15. Waiting Area means the online space or entity that allows consumers to participate in video consultations with health care services. Consumers enter a Waiting Area, and wait in their own private video room until a health care provider is ready to join them.
16. "We" or "Us" means Healthdirect Australia Ltd.
17. Waiting Area Content means content presented whilst a user is waiting in a call. This may include video, text or audio content.
18. "You" and "Your" refers to a person who is an account holder and uses the Services, and includes an Administrator.
19. "Your Users" or "User" means Consumers, other account holders, Your service providers, and anyone You authorise as an Administrator or otherwise, to use healthdirect Video Call.
20. Your Website means the website or other interface that You develop, own, operate or use, to facilitate Consumers' access to healthdirect Video Call.

2. Access to the Services

2.1 healthdirect Video Call may be accessed by authorised Organisations and their staff for the Approved Purpose only.

2.2 The healthdirect Video Call Management Platform can be embedded into Your intranet or desktop. By entering a unique username and password at https://vcc.healthdirect.org.au, You can login to use healthdirect Video Call.

2.3 healthdirect Video Call is intended to support in-bound video calls from health care Consumers. The maximum number of sites in a single call is 4 to 6 depending on internet connectivity, and the power of the computer at each site. This number is less for smart phones.

2.4 Use of healthdirect Video Call requires the use of a combination of hardware and browsers supported by Healthdirect Australia (Supported Environments). Details of the Supported Environments are set out in the Video Call Technical Guide accessible at: https://vcc.healthdirect.org.au/techguide

2.5 You may invite Consumers to participate in a video call with You using healthdirect Video Call by:

(a) embedding a Start Video Call Button in to Your Website; or

(b) providing Consumers with personalised links to healthdirect Video Call via email, SMS or post.

3. Devolved Local Recording Feature

3.1 You may activate the Devolved Local Recording feature which allows your video consultation with a Consumer via healthdirect Video Call to be recorded, subject to the Consumer providing their consent.

3.2 You must ensure that:

(a) Your name; and

(b) if a Practitioner is attending a video consultation, their details including name, medical qualifications and title, are displayed to a Consumer and their guests during a consultation and that these are correct at all times

3.3 A digital copy of the Devolved Local Recording will not be available to Consumers on the healthdirect Video Call platform post-consultation as this must be stored locally by You. 

3.4 You must refer Consumers to Your privacy policy or collection statement for the purposes of them accessing a Devolved Local Recording of their consultation with you.

3.5 You must ensure all Devolved Local Recordings you hold are maintained and protected in accordance with all applicable privacy laws.

3.6 You acknowledge we may disclose, through a secure platform hosted by a third party, User activity for your Organisation (including practitioner names, and non-identifiable platform access and usage metrics) to Commonwealth, State or Territory health services to assist them in assessing and providing health services. For further information on Healthdirect’s general Privacy Policy, please see https://www.healthdirect.gov.au/privacy-policy.

3.7 Healthdirect Australia is not responsible:

(a) if Your Users are unable to access the Services for the Approved Purpose for any reason e.g., failure of internet, hardware, local networks, and human error; or

(b) for addressing any actions required or changes resulting from changes to any browser or operating system (including those listed as Supported Environments in the Video Call Technical Guide), which may affect use of the Services.

Live Caption Feature

3.8 You may activate the Live Caption feature which has been designed to improve accessibility and understanding for hearing-impaired patients during a video consultation.

3.9 Live Caption uses a microphone to capture the user’s speech locally on the device being used for the Video Call consultation, and this is sent to a speech-to-text processing service through the browser version of the Web Speech API used for Live Caption. The resulting data is sent directly from the speech-to-text processing service back to the browser without passing through any intermediate server and is not logged or stored by healthdirect Video Call.  

3.10 We cannot guarantee the accuracy of captioning of consultations using Live caption, and by using the feature you accept that we are not liable for any losses that may arise due to such inaccuracy.

3.11 If you have any concern that captioning of a video consultation using the Live Caption feature with healthdirect Video Call has been inaccurate, you should seek to clarify this with the patient using another method of communication (e.g., via chat or email) as soon as practicable.

Waiting Area Content

3.12 You may post content in the online waiting area (Waiting Area Content) which will be viewable by patients while they are waiting to attend a video consultation. 

3.13 We do not moderate or police any Waiting Area Content posted by you. 

3.14 In the event that we receive a complaint or request for technical support in relation to any Waiting Area Content you display to Consumers, we will refer the Consumer to Your specified contact. 

MBS Bulk Billing Feature

3.15 You may activate the Medicare Benefit Schedule (MBS) bulk billing feature whereby bulk billing consent (MBS Consent) can be obtained from patients for telehealth delivered in a Video Call Consult on the screen.

3.16 If any technical issues arise with the MBS Bulk Billing Feature, please contact Video Call support. Otherwise, please contact MBS Online or Services Australia in regards to MBS telehealth services or assignment of benefits.

Peripherals

1. 3.17 Use of the Services requires the use of audio-visual peripherals (monitors, web cameras microphones/speakers or headsets) that are fit-for-purpose. Inadequate peripherals can have a major impact on the ability to successfully access and use the Services.

3.18 You can find further information about healthdirect Video Call at https://help.vcc.healthdirect.org.au/

Access to emergency services via healthdirect Video Call

3.19  You have the option of activating the emergency service feature by contacting our Video Call support team.  Once activated, you can access emergency services directly via healthdirect Video Call.  By using this feature, you acknowledge and agree to the following:

1. healthdirect Video Call is not a telephony carrier with a physical address, it is virtual cloud solution;
2. being a virtual cloud solution, healthdirect Video Call is not able to access the addresses or locations of patients who require emergency attention;
3. healthdirect Video Call does not transmit any caller’s location information (whether clinician or patient) to 000;
4. healthdirect Video Call using Voice over Internet Protocol (VoIP) cannot always guarantee access to emergency services like 000;
5. clinicians calling 000 on behalf of the patient should have a backup phone solution to call 000 in case of internet outage, network congestion, Video Call failure or unavailability;
6. clinicians calling 000 on behalf of the patient should have all the required case and personal details to serve the patient to emergency services; and
7. clinicians calling 000 on behalf of the patient should provide their own details to emergency services in case of the need for the emergency service concerned to undertake a follow-up with the relevant clinician. 

4. Your Acceptance of these Terms of Use

4.1 These Terms of Use are legally binding on You and Us. By using any part of the Services, You are deemed to accept these Terms of Use which govern our relationship with you in relation to the Services.

4.2 We may modify or amend these Terms of Use from time to time by including a modified or amended version in the "Terms of Use" link via healthdirect Video Call when you access healthdirect Video Call. You will be deemed to have agreed to any such modification or amendment by Your use of the Services following the date the modified or amended Terms of Use are posted in the "Terms of Use" link.

4.3 healthdirect Video Call is delivered using technology from our partners.  In order to order to use healthdirect Video Call, You may be required to agree to additional "Terms of Service" provided by those partners.  You agree that You will be responsible for reviewing and understanding those further terms, but that nothing in those terms or any other document limits your obligations under these Terms of Use, which prevail to the extent of any inconsistency.

5. Administrator responsibilities

5.1 You may be assigned the role of Administrator by Your Organisation. Where this is the case, You confirm that You will act only as authorised by Your Organisation, and that Your Organisation is responsible for any of your actions as Administrator.

5.2 As Administrator, You are responsible for the establishment and management of all of Your Users for the Organisation that You represent, including obtaining all necessary consents including for disclosure under clause 2(j), facilitating, providing, monitoring, restricting or removing access for Your Users.

5.3 As an Administrator, You must:

(a) ensure that all of Your Users within the Organisation are aware of, and comply with, these Terms of Use and any additional terms that may be specified by Your Organisation;

(b) only give account holders access to join Consumer Video Rooms that have been authorised to provide health services on behalf of your Organisation; and

(c) remove account holders access when they are no longer providing health services on behalf of Your Organisation.

6. Use of the Services

6.1 Subject to these Terms of Use, you are permitted to access and use healthdirect Video Call and display healthdirect Video Call Material (as appropriate) for the Approved Purpose. Your use and display of healthdirect Video Call and healthdirect Video Call Material must be consistent with these Terms of Use (as may be amended from time to time).

6.2 You may only access Consumer Video Rooms in the online Waiting Areas if You have been provided permission and authorisation by an Administrator.

6.3 You may be subject to additional terms of use in relation to the services provided via healthdirect Video Call by third parties. If you decide to use these services you will be responsible for reviewing and understanding the terms associated with these services.

7. Copyright, trademarks and Licence rights

7.1 healthdirect Video Call and all healthdirect Video Call Material and content available through the Services, including (without limitation) text, graphics, branding, trademarks, information, architecture and coding (including any copyright subsisting in them) is owned by Us or licensed to Us.

7.2 You may access the Services where made available to You and as permitted by these Terms of Use, but may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Services in whole or in part without the prior written permission of the owner of the material.

7.3 The Services may contain trade marks owned by us and third parties. You may not display or use any trade marks featured in healthdirect Video Call or healthdirect Video Call Material in any manner without the prior written permission of the trade mark owner.

7.4 Subject to Your compliance with these Terms of Use, We grant to You a non-exclusive, non-transferable, non-sub-licensable, revocable licence to use healthdirect Video Call and the healthdirect Video Call Material to enable Your own or Your Users' use of healthdirect Video Call as permitted by these Terms of Use.

7.5 Nothing in these Terms of Use grants You any right, title or interest in healthdirect Video Call and healthdirect Video Call Material.

7.6 You must not:

(a) install, implement, copy, change, display, amend or use the Services other than as authorised under these Terms of Use, or enable or permit access to the Services to other people to access and use on their or other third party sites, unless this has been authorised by us either directly or via the Organisation;

(b) modify or create any derivative work from or commercialise in any way (including, for example, sell, rent, trade or lease) any part of the Services;

(c) rearrange or reorganise healthdirect Video Call or healthdirect Video Call Material for Your Website, in any manner which has not been approved for this purpose;

(d) modify, adapt, redistribute, disassemble, decompile, reverse engineer or attempt to discover any source code or other data in healthdirect Video Call to which we do not provide access;

(e) distribute, publish, or allow access or linking to healthdirect Video Call from an unauthorised location or source, except where you have provided a guest link or "one only" login to a third party joining a healthdirect Video Call;

(f) use, copy, distribute or modify healthdirect Video Call in any service bureau or time-sharing business;

(g) combine any part of healthdirect Video Call with other software, or distribute any software or device incorporating any part of healthdirect Video Call;

(h) represent, communicate or convey the impression that we approve, endorse, recommend or are connected in any way, with You (including your related bodies corporate, personnel or Your Users), Your Website, or any of Your goods or services other than as we have approved in writing; or

(i) include on Your Website or via Your use of the Services any material that we consider to be discriminatory, unlawful, abusive, malicious, offensive, defamatory, pornographic, obscene, threatening, harassing or otherwise inappropriate, as determined at our sole discretion.

8. Termination

8.1 We reserve the right to terminate these Terms of Use, and the Services at any time.

8.2 You acknowledge and agree that we may at our sole discretion terminate the licence granted under section 5(a) and disconnect you from or restrict Your use of the Services if we consider that:

(a) the Services are being used by You for a purpose other than as permitted under these Terms of Use; or
(b) the healthdirect Video Call Management Platform is being used on any website not owned or operated by You or Your Organisation or authorised for use in conjunction with healthdirect Video Call, even if You did not cause or authorise the use.

9. Disclaimers and indemnity

9.1 We only provide access to the Services and take no responsibility for any health or other services provided through the use of the Services. We do not monitor or control the services that are provided through healthdirect Video Call. 

9.2 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any information or services provided by third parties via the healthdirect Video Call or endorse any opinions expressed via the healthdirect Video Call. You remain solely liable and responsible for all medical, health or other advice provided through the healthdirect Video Call.

9.3 The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding the Services, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. We further disclaim any warranties regarding the security, reliability, timeliness, availability and performance of the Services. You understand and agree that You will be solely responsible for any damages to any computer system or any loss of data that results from the use of the Services.

9.4 We make no representation or warranty (express or implied) as to the currency, completeness, accuracy, reliability, suitability, availability or relevance of any information provided by us to you in relation to, or as part of the Services. You must exercise Your own judgement with respect to Your use of the Services and You should carefully evaluate the currency, completeness, accuracy, reliability, suitability, availability or relevance of the available information.

9.5 Without limitation to section 8.4, we make no warranty regarding the ownership, continuation, suitability or fitness for use of third-party intellectual property used in the Services.

9.6 We do not warrant that you will have continuous and uninterrupted access to healthdirect Video Call or that the Services will conform to any particular service levels or performance specifications.

9.7 We do not warrant that the Services are free of any form of harmful surreptitious code, virus or other contaminants. We do not accept any liability for any interference with, or damage to, your computer systems, infrastructure, software or data occurring in connection with the Services.

9.8 The Services may contain links to other websites. You acknowledge and agree that we have no responsibility for the content or availability of the linked websites and we do not specifically endorse any Organisation, association or entity referred to or linked from the healthdirect Video Call.

9.9 You acknowledge that Your use of the Services is entirely at your own discretion and risk and, to the maximum extent permitted by law, We exclude all liability for any loss, damage, expenses and costs incurred by You (Losses) in accessing and using the Services, including but not limited to:

(a) use of the Services for a purpose for which it is not intended;
(b) all liability arising in connection with You offering Devolved Local Recording to Consumers, including any failure by You to comply with applicable privacy laws in relation to such DLRs;
(c) all liability arising in connection with You displaying Waiting Area Content to Consumers;
(d) all liability arising in connection with any Medicare billing transactions conducted or MBS Consents obtained via healthdirect Video Call;
(3) the inability to obtain consistent, reliable and uninterrupted access to the Services;
(f) damage or interference to any piece of hardware, software, equipment or device installed on or used in connection with your use and access to the Services, or your internet data that arises in connection to your use of healthdirect Video Call, its content or any linked website;
(g) any errors or inaccuracies arising in connection with the Live caption feature; and
(h) any errors, omissions or inaccuracies contained in the Services.

9.10 You indemnify and hold Healthdirect and its Personnel harmless from and against any Losses they may incur in connection with You displaying Waiting Area Content to Consumers. 

10. Governing Law

Your use of the Services, and any dispute arising out of your use of the Services, is subject to the laws of New South Wales