Telehealth – Terms Of Use – User

In addition to the Mobility Terms of Use (excluding item 17), the following Terms of Use apply to Users 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. Requesting Services

1.1 The Platform allows You to connect with independent health care providers (Health Professionals) for the purpose of receiving telehealth services (Services).

1.2 If you request to be connected to a Health Professional via the Services, Mobility will collect your personal identifying information and place you in a virtual waiting room. Once a Health Professional becomes available, Mobility will transmit your details to the Health Professional before connecting you through the telehealth services incorporated into the Platform.

1.3 You agree and acknowledge that a telehealth visit is distinct from an in-person visit because You will not be in the same room as the Health Professional, and instead, You will communicate with the Health Professional through advanced communication technology using live video and audio feed.

1.4 You must not contact any Health Professional or otherwise use any of their personal information other than for the purpose of receiving Services.

2. Emergency medical situations

2.1 The Platform is not intended for use in urgent or emergency medical situations. In such situations you should contact emergency services immediately by dialing 000.

3. Advice provided by Health Professionals

3.1 Mobility disclaims any liability for any medical advice provided by a Health Professional via the Platform and Mobility is not vicariously liable for the actions or omissions of the Health Professionals.

3.2 Mobility does not make any representation or warranty about the training, skill, experience or qualifications of Health Professionals.

3.3 You acknowledge that information supplied to Mobility by Health Professionals about their training skill, experience or qualifications may include omissions, inaccuracies or other errors, for which Mobility is not responsible.

3.4 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.

3.5 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.

3.6 For clarity, the Health Professionals are responsible and liable for any health care, medical advice, health information or medical diagnoses provided as part of the Services. All advice provided by a Health Professional is provided by the relevant Health Professional and not Mobility.

3.7 Mobility does not warrant or represent to You that the Services are suitable for You.

4. Fees

4.1 Notwithstanding section 8 of our Umbrella Terms and Conditions, You will not be charged any fee for receiving the Services set out in these Terms of Use and only in these Terms of Use. All other services provided on the Platform will attribute a relevant fee as set out in the specific services terms of use.

5. Indemnities

5.1 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:

(a) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Services; or

(b) claim by any third party caused by any of Your acts or omissions.

6. Liability

6.1 To the maximum extent permitted by all applicable laws, the Platform and any Services you arrange through the Platform are provided on an “as is” and “as available” basis and We make no representation, warranty, or guarantee regarding:

(a) the condition, performance, accuracy, completeness, reliability, timeliness, quality, suitability, availability or fitness for a particular purpose of the Services; or

(b) the quality, suitability, safety or ability of the Health Professional.

6.2 We are not be liable for the Services or a Health Professional being unavailable, of a particular standard of workmanship, failing to meet their profile description, failing to meet the User’s needs, or being of less than merchantable quality.

7. Feedback and complaints

7.1 You may, but are not required to, rate a Service after it is provided, and You must be fair, accurate and non-disparaging while leaving complaints, comments, feedback, testimonials or reviews on or about the Services or Health Professionals.

7.2 All issues, complaints, opinions, suggestions, questions and feedback in respect of the Services or the Health Professionals should be notified to Mobility or communicated to Mobility through the Platform.