Telehealth Terms of Use – Provider
In addition to the Mobility Terms of Use (excluding those items set out in Item 11 below), the following Terms of Use apply to Providers of telehealth services.
In these Terms of Use, unless an alternative definition is provided, words and expressions have the same meaning as are respectively assigned to them in the Mobility Terms of Use.
1. Providing Services
1.1 The Platform allows You, as an independent health care provider (Health Professionals), to connect with Users for the purpose of providing telehealth services (Services).
1.2 You acknowledge and agree that the Platform may provide the User with certain information about you, including your first name, contact information, photo, work history and references.
1.3 If You are provided with any personal identifying information for a User as part of providing the telehealth services, you are required to that this information as private and comply with Mobility’s Privacy Policy (which is available here.
1.4 You must:
(a) only contact Users via the telehealth service provided through the Platform; and
(b) not contact any User or otherwise use any of their personal information other than for the purpose of providing Services.
2. Performance
2.1 User satisfaction is critical to Mobility’s business. You must provide all Services strictly in accordance with Mobility’s code of conduct (available here). If you fail to comply with the code of conduct, or we are informed by a User that you have performed the Services in a manner which is negligent, fraudulent or which fails to comply with the code of conduct, Mobility reserves the right to withhold any Activity Statements for any Services and suspend or terminate your Account on the Platform pending investigation of the matter by Mobility.
2.2 In addition to clause 1, when performing Services you must:
(a) ensure the care, safety and comfort of Users; and
(b) provide the Services in accordance with relevant laws and policies related to your specific telehealth services in the relevant state or territory in which the Services are performed.
2.3 You acknowledge and agree that Mobility is not responsible or liable for the actions or inactions of a User in relation to you or your activities, and that you alone will choose the most effective and safe manner to perform the Services.
3. Emergency medical situations
3.1 The Platform is not intended for use in urgent or emergency medical situations. If you are connected with a User in such a situation, you should contact emergency services immediately by dialing 000.
4. Advice provided by Health Professionals
4.1 You agree and acknowledge that you are solely liable for any medical advice you provide by via the Platform and that Mobility is not liable or vicariously liable for any of your actions or omissions.
4.2 By providing any Services via the Platform, you represent and warrant that you have appropriate training, skill, experience or qualifications to provide the telehealth services, and that you are responsible for any omissions, inaccuracies or other errors in any of the documentation you provide to demonstrate your training, skill, experience or qualifications.
4.3 You acknowledge that Mobility is not a medical organisation and is not licenced to practice medicine. Mobility does not provide health care, medical advice, medical diagnoses or health information.
4.4 You acknowledge and agree that Your reliance on the medical advice provided by the Health Professionals on the Platform is solely a matter between You and the Health Professional, and as between Mobility and You, You assume full responsibility for all associated risks.
4.5 You acknowledge and agree that You are responsible and liable for any health care, medical advice, health information or medical diagnoses you provide as part of the Services, and that this will be a matter solely between You and the User . All advice you provide is provided by You and not Mobility.
5. Legislative Requirements
5.1 You must be currently living in Australia and have an Australian address as well as a current Australian working visa to provide Services through the Platform.
5.2 To provide Services through the Platform you must be:
(a) at least 18 years of age; and
(b) be legally able to work in Australia.
6. Risks
6.1 There are risks when you deal with someone you connect with through the Platform. You assume all risks associated with dealing with other persons with whom you come in contact through the Platform.
6.2 Mobility makes no representations or warranties that you will receive a job as an telehealth services provider on the Platform.
6.3 To the maximum extent permitted by law, You will indemnify and hold harmless Mobility (and their respective directors, officers, employees, agents and representatives) (“Those Indemnified”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by Mobility arising out of or in connection with any claim by a User or any other third party caused by any of Your acts or omissions.
7. Fees
7.1 Notwithstanding section 8 of our Umbrella Terms and Conditions, in relation to the Services set out in these Terms of Use, and only in these Terms of Use:
(a) Users will not be required to pay any fee for receiving the Services;
(b) You acknowledge and agree that you will receive no payment via the Platform for providing the Services; and
(c) Mobility acknowledges that it will not charge you any Platform Services Fee for connecting you with the User on the Platform for the purpose of providing the Services.
7.2 Mobility acknowledges and agrees that at the end of each day, You will be provided with an Activity Statement for that day.
7.3 You acknowledge and agree that it will be your sole responsibility to submit the Activity Statement for the purposes of bulk billing, and that Mobility will not process any payments on your behalf.
7.4 All other services provided on the Platform will attribute a relevant fee as set out in the specific services terms of use.
8. Insurance
8.1 As a Health Professional, you are required to hold certain insurances for the purposes of providing your chosen Service.
8.2 You acknowledge and agree that:
(a) you hold all insurances required to be held by a Health Professional for the purpose of providing the Services under these Terms of Use; and
(b) you will not be entitled to any insurances set out on the Platform, including the PA Insurance.
9 Liability
9.1 We do not endorse, advise or recommend any of the Users, nor does Mobility guarantee or provide any assurance in respect of the behavior, actions or data of the Users posted on the Platform, and You agree that the entire risk arising out of performing any Services remains solely with You, to the maximum extent permitted under any applicable laws.
9.2 You acknowledge and agree that Mobility is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your performance, and that you alone will choose the most effective and safe manner to perform the Services.
10. Non-Solicitation
10.1 By creating an Account for the provision of telehealth services, You agree that (until such a time as You no longer have an Account) You will not, on your own behalf or on the behalf of any other person, directly or indirectly solicit, endeavor to entice away from the Platform or otherwise interfere with the relationship of Mobility, or any other Provider, with:
(a) any Users under the Platform; or
(b) their employees or any of their contractors, unless such contractors are also existing contractors of Yours at the time You create the Account.
10.2 If you breach the above term 1, Mobility may immediately suspend or terminate Your Account.
10.3 Additionally you agree that Mobility, or the relevant affected Provider, may recover damages for a breach or threatened breach by you of clause 12.1, and that Mobility, or any other Provider affected by such a breach, may also be entitled to seek injunctions, stays, damages and such other orders as may be necessary to enforce clause 12.1 as damages may not be a sufficient remedy.
11. Terms of Use Exclusions
11.1 For the purposes of providing telehealth Services, the following Items Mobility Terms of Use are excluded from these Terms of Use:
(a) Items 2.1-2.4;
(b) Items 3.2-3.4;
(c) Items 8.1-8.13;
(d) Items 9.1-9.4;
(e) Items 10.1-10.4;
(f) Items 12.1-12.2;
(g) Items 17.1-17.4; and
(h) Items 20.1-20.2.
