Telehealth Terms of Conditions & Privacy Policy

Medical Emergencies: If you require immediate medical attention, contact your treating general practitioner or call 000.

DO NOT USE WELLNESS VIRTUAL CARE IF: You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:

• Severe chest pain
• Heart attack
• Stroke
• Loss of consciousness
• Severe bleeding
• Breathing difficulty

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this Platform or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the Platform and instead contact 000 immediately or seek alternative and appropriate medical services.

Arrotex Pharmaceuticals Pty Ltd (ABN 30 605 552 234) and its related bodies corporate, including Axe Health Pty Ltd (ABN 23 627 538 934) (“Arrotex“), operate the Wellness Virtual Care Telehealth Platform (“Wellness Virtual Care”) to:

1. facilitate the provision of health services, including convenient online telehealth consultations, by licensed healthcare providers, including nurses and nurse practitioners (“HCPs“);
2. enable the expedient booking of medical appointments and issuance of nurse practitioner-issued sick certificates (“Sick Certificates“); and
3. simplify the process of dispensing medications through electronic prescriptions.

Through Wellness Virtual Care, you can:

1. request an appointment with a HCP;
2. obtain new and repeat prescriptions;
3. converse online with a licensed nurse from any location within Australia;
4. get a Nurse Practitioner-issued Sick Certificate (for caregivers and patients); and
5. access general information and support for a variety of health conditions.

Note — certain services are not available without a valid Medicare card.

Wellness Virtual Care is not intended for, and its operators strictly prohibit the use of Wellness Virtual Care for, any other purpose. By accessing Wellness Virtual Care, you agree to abide by these Terms and Conditions (“Terms“).

1. To access Wellness Virtual Care, you will need an internet connection and a compatible web browser on your device. Access to Wellness Virtual Care is provided through the website located at http://www.wellnessvc.com.au. By accessing Wellness Virtual Care, you represent and warrant that you:
   1. are at least 18 years old;
   2. are currently living in Australia and have an Australian residential address;
   3. have the legal right, authority and capacity to enter into be legally bound by these Terms (or if you are accepting these Terms on behalf of another person, you represent that you have the authority to bind such other person to these Terms);
   4. will only provide accurate, complete and up-to-date information through Wellness Virtual Care (whether in writing or verbally);
   5. will not commit any act or engage in any activity that:
      1. harms or aims to bring harm to Arrotex’s systems, reputation or goodwill;
      2. abuses in any way the Pharmaceutical Benefits Scheme (PBS);
      3. interferes with or disrupts the integrity of Wellness Virtual Care, by tampering with, hacking, transmitting any viruses, spyware, malware, or any other unauthorised malicious code of a destructive or disruptive nature;
      4. interferes with the privacy of another person (including uploading private or personal information without an individual’s consent) or their legal rights;
      5. infringes any intellectual property rights or any other contractual or proprietary rights of another person;
      6. circumvents or bypasses any technological measures used to prevent or restrict access to Wellness Virtual Care;
      7. is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;
      8. violates any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
      9. would cause Arrotex to breach or to be taken to have breached any law;
      10. would bring Arrotex or Wellness Virtual Care into disrepute;
      11. would result in the distribution or communication of spam, chain letters, or pyramid schemes;
      12. encourages or facilitates violations of these Terms; or
      13. defames, harasses, intimidates, bullies or unlawfully discriminates against another person.
2. By accessing Wellness Virtual Care, you also acknowledge and agree that:
   1. you have read and understood these Terms and will abide by them when accessing Wellness Virtual Care;
   2. you will only access Wellness Virtual Care for lawful purposes; and
   3. Arrotex does not guarantee the ongoing availability of Wellness Virtual Care, HCPs, appointments, or the issuance of Sick Certificates.
3. Additionally, if you are a HCP, you acknowledge and agree that you will not:
   1. use Wellness Virtual Care to harvest customer details in order to transact with them independent of Wellness Virtual Care;
   2. offer any service or agree to any appointment through Wellness Virtual Care that you do not intend to honour or cannot provide, or are not legally permitted to provide;
   3. use Wellness Virtual Care to send unsolicited emails or other communications to other users of use Wellness Virtual Care; or
   4. facilitate any other person to do any of the above.

4. Through Wellness Virtual Care you may submit a request for a medical appointment with a HCP. Please ensure your Medicare details are up-to-date when booking an appointment through Wellness Virtual Care. Telehealth consults with nurse practitioners may be bulk-billed for patients with a valid Medicare card. By submitting such a request, you acknowledge and agree that:
   1. Arrotex can send you text (SMS) messages, push notifications and emails as part of the normal business operation of Wellness Virtual Care. You may opt-out of receiving these communications from Arrotex but if you do, you may not be able receive services from a HCP responding to your request;
   2. the HCPs that you engage with through Wellness Virtual Care have full and absolute discretion in determining the appropriate care or treatment provided to you, including in relation to the prescribing of any medication;
   3. all appointments will be advised in Australian Eastern Standard Time (AEST).
   4. Telehealth consultations scheduled outside of standard business hours (9:00 AM – 5:00 PM AEDT, Monday to Friday) are subject to an additional fee of $55 (GST free) for a 10-minute appointment, $90 (GST free) for a 20-minute appointment, and $125 (GST free) for a 40-minute consultation. These fees apply in addition to any other applicable charges, such as third-party payment gateway fees. By proceeding with the consultation, the patient acknowledges and agrees to pay any applicable payment gateway fees in addition to the Telehealth consultation fees.

5. If a HCP that you engage with through Wellness Virtual Care considers it appropriate to do so, you may be provided with a prescription for medication following your appointment. However, you acknowledge and agree that:
   1. neither Arrotex nor the HCP guarantee that a prescription for medication will be provided following an appointment; and
   2. nurse practitioners work strictly within their areas of expertise and are not able to prescribe certain medications, including those listed in Schedule 6 or Schedule 8 of the Poisons Standard.

6. If a HCP that you engage with through Wellness Virtual Care considers it appropriate to do so, you may be provided with a Sick Certificate following your appointment. However, you acknowledge and agree that neither Arrotex nor the HCP guarantee that a Sick Certificate will be provided.

7. You acknowledge and agree that Arrotex may charge you a fee for each service provided to you through Wellness Virtual Care, and you agree to pay the price for the provision of each such service.
8. Any applicable fees (including any applicable GST) will be advised to you at the time that you make a request for the provision of a service through Wellness Virtual Care.
9. Fees in relation to appointments with HCPs:
   1. must be paid in advance of your appointment being scheduled; and
   2. are refundable only where:
      1. an appointment cannot be scheduled in response to your initial request; or
      2. you or a HCP cannot attend an appointment at the scheduled time and the appointment cannot be rescheduled.
10. All fees, charges and prices are expressed in Australian dollars and are exclusive of applicable taxes, unless otherwise stated. Arrotex will be entitled to add on GST for any supply in Australia.
11. Arrotex may amend the applicable fees at any time and any amended fees will become effective with reasonable notice of any fee changes.
12. By accessing Wellness Virtual Care, you agree to make all payments to Arrotex for services provided through Wellness Virtual Care via Arrotex’s third party payments provider (Stripe) and you agree and accept their terms and conditions of use, found here: https://stripe.com/au/legal/consumer.
13. In the absence of fraud or mistake, all payments made are final.
14. If you make a payment by debit card or credit card, you warrant that:
    1. the information you provide to Arrotex is true and complete;
    2. you are authorised to use the debit card or credit card to make the payment;
    3. your payment will be honoured by your card issuer; and
    4. you will maintain sufficient funds in your account to cover the payment.

15. In these Terms, “Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
16. Arrotex owns or is the licensee of all rights, title and interest (including Intellectual Property Rights) in Wellness Virtual Care and to the material (including all text information and content, graphics, logos, type forms and software) comprised therein. Your use of and access to Wellness Virtual Care does not grant you or transfer any rights, title or interest to you in relation to Wellness Virtual Care.
17. You are permitted to access Wellness Virtual Care from a web browser or mobile device solely for your personal, non-commercial use.
18. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any content or material comprised in Wellness Virtual Care in whatever form unless with the express prior written consent of Arrotex or its licensors (as the case may be).

19. Through Wellness Virtual Care, you may be able to post, upload, publish, submit or transmit relevant information and content, including reviews or ratings (“Your Content“). You remain the exclusive owner of Your Content, but by submitting Your Content through Wellness Virtual Care, you grant Arrotex a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use Your Content on, through, or in relation to Wellness Virtual Care.
20. You agree that you are solely responsible for Your Content and you represent and warrant that:
    1. you are either the sole and exclusive owner of Your Content or you have all rights, licences, consents and releases necessary to grant to Arrotex rights to use Your Content as contemplated by these Terms; and
    2. Your Content does not, nor does the posting, uploading, publication, submission or transmission of Your Content, or its use on, through or in relation to Wellness Virtual Care infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
21. Arrotex is not responsible for Your Content and disclaims all liability arising from or in relation to Your Content. Arrotex will take all reasonable steps to implement, maintain and enforce security procedures and safeguards to protect the security, confidentiality and integrity of Your Content from unauthorised access or use by a third party or misuse, damage or destruction by any person. However, you accept that Arrotex does not guarantee and cannot ensure the security of Your Content.
22. Arrotex reserves the right, but is not obliged, to monitor, review, verify, edit, modify or delete Your Content.

23. Wellness Virtual Care may contain links and other pointers to websites or applications owned and operated by third parties. Arrotex does not control, endorse, or approve the content of these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.

24. To the fullest extent permitted by law, you agree and acknowledge that:
    1. Wellness Virtual Care is provided “as is” and “as available” and the entire risk arising out of your use of Wellness Virtual Care remains solely with you;
    2. Arrotex retains control over Wellness Virtual Care and may alter, amend or cease the operation of Wellness Virtual Care at any time in its sole discretion;
    3. Arrotex makes no warranty or representation that any result or objective can or will be achieved or attained by accessing Wellness Virtual Care; and
    4. Arrotex makes no warranty or representation that Wellness Virtual Care will exist indefinitely, or that access to Wellness Virtual Care will be uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times.

25. To the fullest extent permitted by law, Arrotex is not liable to you or anyone else for any loss or damage you may suffer or incur in connection with:
    1. your access to and use of Wellness Virtual Care;
    2. your inability to access or use Wellness Virtual Care or any of the health services provided by HCPs through Wellness Virtual Care;
    3. Your Content or any other content posted, uploaded, published, submitted or transmitted by any other user of Wellness Virtual Care;
    4. any interactions between you and a HCP;
    5. unauthorised creation, access or use of your personal information,

    even if Arrotex has been advised of the possibility of such loss or damage.

26. To the fullest extent permitted by law, Arrotex excludes:
    1. liability for any special, indirect or consequential damages, including damages for loss of data, reputation, goodwill and opportunity, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit; and
    2. all representations, warranties or terms (whether express or implied) other than those set out in these Terms.

27. Certain legislation including the Australian Consumer Law (ACL) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (“Statutory Rights“).
28. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

29. Arrotex will collect, use and disclose any personal information you provide through Wellness Virtual Care in accordance with its privacy policy, which can be accessed here: https://dbghealth.com.au/privacy-policy/ (“Privacy Policy“). For more information on Arrotex’s information collection and handling practices, please view the Privacy Policy.
30. In relation to any information (including personal information and sensitive information) you provide through Wellness Virtual Care, you consent to Arrotex disclosing such information to its third-party service providers where necessary for certain services to be provided to you through Wellness Virtual Care, including to all HCPs providing consultations through Wellness Virtual Care, and related third party payment service providers and intermediaries.

31. Variation: Arrotex may vary, amend, or otherwise modify these Terms at any time. The varied or amended Terms will be published from time to time on the website through which Wellness Virtual Care can be accessed. Your continued use of Wellness Virtual Care following such publication constitutes your acceptance of the varied or amended Terms.
32. Waiver: No waiver of rights shall constitute a subsequent waiver of this or any other right. Any failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
33. Severability: If any provision of these Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
34. Governing law and jurisdiction: This Agreement is governed by the laws in force in Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that state.