Terms and Conditions

For eHealth Australia Organisation

Terms and Conditions for Telehealth Services Provided by eHealth Australia Organisation

Last updated: 26^th February 2025

Terms and Conditions & Privacy Policy for Telehealth Services Provided by eHealth Oz PTY LTD

Last updated: 26^th February 2025

1. Introduction
These Terms and Conditions (“Terms”) and Privacy Policy (“Policy”) govern your use of the telehealth services (“Services”) provided by eHealth Oz PTY LTD ACN 683515264, trading as eHealth Australia Organisation ABN 47683515264 (“eHealth Australia,” “we,” “our,” or “us”). By accessing, using, or engaging with the telehealth platform, website, and mobile applications (collectively referred to as the “Platform”), you (“User,” “Patient,” or “you”) agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or policies that may apply. If you do not agree to these Terms, you must immediately stop using our services.

eHealth Australia Organisation is a for-profit healthcare technology company operating within Australia’s telehealth industry. It is legally registered as eHealth Oz PTY LTD with ACN 683515264 and trades under the business name eHealth Australia Organisation, which holds an ABN of 47683515264. The company is headquartered in Sydney, New South Wales, and maintains a postal address at GPO Box 1117, Sydney, 2001, Australia.

Business Model & Nature of Operations

As a commercial entity, eHealth Australia is structured as a private for-profit organisation, meaning its primary objective is to generate revenue through the provision of digital health services. Unlike government-funded healthcare platforms, eHealth Australia operates independently, deriving its income from user-paid services, subscription models, and potential corporate partnerships with healthcare providers, insurance firms, and pharmaceutical companies.

Telehealth Services & Scope

The company’s core service offering revolves around telehealth consultations, enabling patients across Australia to access licensed medical professionals remotely. The services offered through its digital platform include:

General Practitioner (GP) consultations
Specialist medical appointments
Allied health services (e.g., psychology, dietetics)
Prescription issuance
Medical certificates and documentation
Health assessments and follow-ups via video, phone, or secure messaging

eHealth Australia leverages modern telecommunication technology to facilitate real-time and asynchronous digital consultations, providing patients with convenient and efficient medical care options.

Contractor-Based Medical Model

eHealth Australia does not employ doctors and healthcare professionals directly; instead, it engages licensed practitioners as independent contractors. These Contractor Doctors and Allied Health Professionals maintain active AHPRA (Australian Health Practitioner Regulation Agency) registration and practice independently while delivering services through the eHealth Australia platform. The organisation ensures that all contractors undergo a rigorous screening and evaluation process, assessing:

Qualifications & professional licensing
Medical experience & expertise
Communication skills & telehealth suitability
Adherence to AHPRA ethical standards

This contractor-based model allows eHealth Australia to scale its operations efficiently while minimizing employment liabilities and overhead costs.

Regulatory Compliance & Ethical Standards

As a for-profit entity operating in the healthcare sector, eHealth Australia is required to comply with Australian telehealth regulations, including:

Australian Health Practitioner Regulation Agency (AHPRA) guidelines
Privacy Act 1988 (Cth) and healthcare data protection standards
Medical Board of Australia’s telehealth consultation rules
Relevant state-based healthcare regulations

The organisation’s Terms and Conditions and Privacy Policy explicitly state that by accessing its telehealth platform, website, or mobile applications, users agree to the prescribed legal framework.

Contact & Communication

For queries, complaints, or service inquiries, eHealth Australia can be reached via:

Email: admin@ehealthaustralia.org
Phone: 1800 931 957

By using the Platform, you are providing consent to comply with these Terms and acknowledging your understanding of the content herein.

2. Telehealth Services Overview

eHealth Australia offers telehealth consultations with licensed medical professionals, including General Practitioners (GPs), specialists, allied health professionals, and other healthcare providers (“Contractor Doctors” or “Contractor Health Professionals”). Through our platform, you can access consultations, prescriptions, medical certificates, and other health services (“Consultations”) remotely via video, phone, or secure messaging.

2.1 Contractor Doctors and Allied Health Professionals

All Contractor Doctors and Allied Health Professionals providing Consultations through the eHealth Australia platform are independent contractors who hold active and valid registration with the Australian Health Practitioner Regulation Agency (AHPRA). This includes but is not limited to General Practitioners, specialists, psychologists, dietitians, and other allied health professionals. The Contractors are licensed to practice within their respective fields and are required to adhere to the ethical and professional standards set by AHPRA.

As part of our commitment to providing high-quality care, eHealth Australia ensures that each Contractor has undergone an extensive interview process. This process evaluates their professional qualifications, experience, communication skills, and their ability to deliver a high level of care to patients. Only those Contractors who meet our rigorous standards are accepted to provide services through our platform.

These Contractors are solely responsible for their professional conduct, diagnoses, advice, treatment plans, and prescriptions during Consultations. eHealth Australia does not control, supervise, or direct the clinical decisions made by the Contractors. While we ensure Contractors are highly qualified, eHealth Australia is not responsible for any specific decisions, diagnoses, or actions taken by Contractors during consultations. The Contractors are responsible for adhering to the applicable standards of care in their medical practice, and eHealth Australia is not liable for any medical outcomes or negligence related to their decisions.

2.2 Scope of Services

eHealth Australia Organisation provides telehealth services that offer convenient access to a wide range of medical and healthcare consultations, designed to address various health concerns. These services are provided remotely through video, phone, or secure messaging, and allow patients to receive professional healthcare guidance from licensed medical practitioners, including General Practitioners (GPs), specialists, allied health professionals, and psychologists. The following outlines the areas of care available through our telehealth platform:

General Health Consultations:
Telehealth consultations for common health concerns such as:
- Cold, flu, or upper respiratory infections etc.
- Ongoing management of chronic conditions (e.g., asthma, diabetes, hypertension),
- Minor injuries or ailments (e.g., sprains, strains),
- Dermatological concerns (e.g., rashes, acne),
- Gastrointestinal issues (e.g., indigestion, constipation, diarrhea),
- Women’s health, including menstrual cycle irregularities and contraception advice.
Mental Health Support:
Access to licensed mental health professionals, including:
- Therapy sessions with licensed psychologists or counselors for conditions such as anxiety, depression, stress, grief, and trauma,
- Counseling services for emotional well-being and personal growth,
- Cognitive-behavioral therapy (CBT) and other therapeutic modalities as deemed appropriate by the practitioner,
- Ongoing mental health support and management for patients with established psychiatric diagnoses.
Prescription Medications:
The ability to receive prescriptions for medications required for ongoing treatment, subject to evaluation by the Contractor. This may include:
- Medications for chronic conditions (e.g., blood pressure medications, diabetes medications),
- Medications for minor acute conditions (e.g., antibiotics for bacterial infections),
- Ongoing medication management for patients with long-term health issues. Please note that all prescriptions are issued at the sole discretion of the Contractor, based on their clinical assessment and in accordance with legal and professional guidelines.
Medical Certificates:
Issuance of medical certificates when deemed appropriate by the Contractor. This may include:
- Sick leave certificates for temporary illness or injury,
- Certificates for medical conditions affecting work or school attendance,
- Medical documentation to support requests for time off or adjustments in the workplace. Medical certificates will only be issued if the Contractor believes it is medically appropriate based on the consultation and the patient’s health concerns.
Specialist Referrals:
Provision of specialist referrals for patients who require further investigation or care outside the scope of primary healthcare. This may include:
- Referrals to specialists in various fields such as cardiology, dermatology, orthopedics, neurology, etc.,
- Guidance and advice on seeking further care or diagnostic testing that cannot be performed remotely.
Allied Health Services:
Telehealth consultations for allied health services, including:
- Psychology: Remote consultations for mental health assessment, therapy, stress management, and emotional well-being support.
- Dietetics: Nutrition counseling for weight management, food allergies, or specific dietary needs (e.g., diabetes management, gluten-free diets),
- Other Allied Health: Virtual consultations with occupational therapists, speech therapists, or other healthcare professionals, as needed.

Consultation Delivery Methods
Telehealth consultations are delivered remotely using the following communication methods:

Video Consultations:
Real-time, face-to-face consultations via secure video platforms, allowing visual assessments and communication with your healthcare provider.
Phone Consultations:
Voice-only consultations, available for patients who prefer or require telephone communication, providing direct access to healthcare professionals.
Secure Messaging/Chat Consultations:
Asynchronous consultations where patients can securely message or chat with healthcare providers, receiving responses to non-urgent questions or follow-up advice.

These methods are designed to provide a flexible and accessible approach to healthcare, ensuring that patients receive appropriate care in a timely manner.

Non-Emergency Services
It is essential that patients acknowledge that telehealth services are appropriate only for non-emergency situations. eHealth Australia Organisation’s platform is not intended to address medical emergencies or urgent healthcare needs. If you are experiencing an emergency, you should immediately contact emergency services by dialing 000 in Australia, or proceed to the nearest hospital or emergency department.

Examples of medical emergencies that cannot be managed via telehealth include, but are not limited to:

Severe chest pain or signs of a heart attack,
Difficulty breathing or shortness of breath,
Loss of consciousness or sudden dizziness,
Severe bleeding or trauma.

If you are uncertain about whether your condition constitutes an emergency, please seek immediate in-person medical attention. eHealth Australia Organisation strongly advises against using telehealth services for urgent or critical medical issues.

3. Medical Consultations and Services

3.1 Consultations with Contractor Doctors and Allied Health Professionals

The Contractor Doctors and Allied Health Professionals provide medical consultations via the Platform. These consultations are designed to:

Assess and diagnose health concerns based on the information provided during the consultation.
Provide medical advice, treatment plans, and follow-up recommendations.
Issue prescriptions when deemed appropriate based on a thorough evaluation of the patient’s health concerns and history.
Provide medical certificates or referrals when medically justified.

Contractor Doctors and Allied Health Professionals will use their professional judgment to determine the appropriate course of action for your care. They may require additional information or clarification to ensure the accuracy and safety of their advice or treatment plans.

3.2 Medical Certificates and Prescriptions

Medical certificates may be issued as part of the consultation, at the sole discretion of the Contractor. The issuance of a medical certificate is based on a clinical evaluation by the Contractor, and the certification will only be issued if the Contractor believes it is medically appropriate.

Similarly, prescriptions may be issued after a telehealth consultation, subject to:

The Contractor’s professional judgment that a prescription is necessary and appropriate,
The relevant Australian laws and regulations governing the prescription of medications, including restrictions on certain controlled substances.

eHealth Australia does not guarantee the issuance of medical certificates or prescriptions. The Contractor has the full discretion to determine whether such documents are medically justified.

Regarding the prescribing of medications, eHealth Australia Organisation specifically advises that Schedule 8 (S8) or restricted medications will not be prescribed under standard circumstances, except in cases of extreme necessity as deemed absolutely necessary by the practitioner performing the consultation. The prescribing of such medications is subject to strict legal and professional guidelines, and may only occur under exceptional circumstances when the practitioner determines that no other reasonable treatment options are available.

It is important to note that eHealth Australia Organisation does not influence the decisions made by Contractors in relation to prescribing medication, including S8 or restricted substances. All prescribing decisions are made solely at the discretion of the individual Contractor, based on their professional judgment, patient history, and clinical evaluation.

eHealth Australia Organisation is not liable for any adverse medical outcomes, including but not limited to any complications or consequences arising from the prescribing of medication or the issuance of medical certificates. Users acknowledge that the decision-making process regarding prescriptions and medical certificates is entirely the responsibility of the Contractor, and any medical outcomes or complications are not the responsibility of eHealth Australia Organisation.

3.3 No Guarantee of Outcome or Diagnosis

While eHealth Australia strives to connect users with highly qualified and experienced Contractors, we do not guarantee any specific diagnosis, treatment, or outcome. The effectiveness of the recommendations or treatments provided by the Contractors may vary, and health outcomes cannot be assured.

You understand and acknowledge that medical practice involves a degree of uncertainty, and there may be no definitive diagnosis or solution to your health issue during the consultation. You further agree that eHealth Australia is not responsible for any adverse medical outcomes resulting from consultations or decisions made by the Contractors.

4. Negligence, Liability, and Professional Responsibility

4.1 Contractor Liability

The Contractor Doctors and Allied Health Professionals providing services through the eHealth Australia platform are independently responsible for their clinical decisions, medical advice, diagnosis, treatment plans, prescriptions, and medical certificates. eHealth Australia Organisation is not liable for any harm, injury, or medical outcomes that result from the actions or omissions of the Contractors. If you believe that you have suffered harm or injury due to the actions of a Contractor, your recourse is solely against the individual Contractor, not against eHealth Australia.

4.2 eHealth Australia Liability Disclaimer

eHealth Australia Organisation, its employees, agents, contractors, and affiliates are not liable for any damages, losses, injuries, or consequences arising from your use of our platform or services. This includes, but is not limited to:

Medical conditions, injuries, or complications arising from advice, diagnosis, treatment, or prescriptions issued by Contractors,
Data security breaches or unauthorized access to your personal information,
Any loss or damage resulting from your reliance on medical advice, prescriptions, or treatment provided during telehealth consultations.

You understand that eHealth Australia Organisation is not responsible for the direct actions or clinical decisions of its Contractors, and that all clinical outcomes are subject to the professional judgment of the Contractors.

4.3 No Liability for Telehealth-Related Injuries

By using the Platform, you understand and agree that any injuries or complications, including but not limited to eye strain, headaches, or hearing-related issues caused by extended use of video consultations or audio communication during telehealth services, are not the responsibility of eHealth Australia Organisation. You acknowledge that such risks may exist with prolonged use of digital devices and take responsibility for managing your own health regarding these potential concerns.

5. Physical Injury and/or Health Risks

5.1 Contractor Acknowledgment of Health Risks

Contractor Doctors and Allied Health Professionals providing consultations through eHealth Australia acknowledge that prolonged use of digital screens and audio equipment during telehealth consultations may cause discomfort, including eye strain, headaches, or ear-related issues. Contractors understand these risks and take appropriate measures to mitigate the potential negative effects on their own health, including regular breaks, proper ergonomics, and other preventive measures.

5.2 Users’ Acknowledgment of Health Risks

By engaging in telehealth consultations, users also accept the inherent risks associated with the use of digital devices and the telehealth format. These risks may include, but are not limited to, eye strain, hearing fatigue, or discomfort from prolonged screen or audio exposure. While eHealth Australia strives to mitigate such risks, we cannot be held liable for any physical discomfort or health issues arising from the use of telehealth services.

6. Refunds, Consultation Fees, and Payment

6.1 Consultation Fees

eHealth Australia charges a fee for the telehealth services provided by Contractor Doctors and Allied Health Professionals. The fee will be specified at the time of booking, and payment must be made before the consultation takes place. Fees may vary based on the type of consultation, the duration, the professional providing the service, and other factors.

6.2 Refunds

In general, consultation fees are non-refundable. However, eHealth Australia may, at its sole discretion, consider refund requests under the following circumstances:

If the consultation was interrupted or did not take place due to a technical issue or system failure,
If there was an error in the processing of your payment,
If a refund is required due to eHealth Australia’s failure to deliver the agreed-upon services.

Refund requests must be submitted within a reasonable timeframe, and you may be required to provide supporting evidence to demonstrate the issue that warrants the refund.

6.3 Discretionary Refunds

Refunds are provided solely at the discretion of eHealth Australia Organisation. Each refund request will be reviewed on a case-by-case basis, and any refunds may be subject to administrative fees or deductions.

7. Confidentiality, Privacy, and Data Security

7.1 Confidentiality

While eHealth Australia Organisation takes reasonable steps to protect your personal health information and ensure confidentiality during consultations, you acknowledge that no system can be completely secure. You understand and accept the risks of digital communication, which may include potential data breaches, unauthorized access, or other security vulnerabilities.

eHealth Australia respects your privacy and is committed to ensuring the confidentiality of your personal health information. Our Privacy Policy outlines the types of information we collect, how we use it, and how we protect it. We follow all applicable Australian privacy laws and regulations, including the Privacy Act 1988 and the Australian Privacy Principles (APPs).

7.2 Data Collection and Use

eHealth Australia collects and processes your personal health information to provide consultations, facilitate medical advice, ensure legal compliance, and improve our services. This includes, but is not limited to, personal identifiers, health history, diagnosis information, and any medical records shared with the Contractors.

By using the Platform, you consent to the collection, storage, and processing of your data in accordance with our Privacy Policy.

7.3 Data Sharing

Your data may be shared with third-party service providers who help facilitate the delivery of services or comply with legal obligations. eHealth Australia will not share your personal health information for marketing purposes without your explicit consent.

Legal Compliance and Data Protection

We prioritize the protection of your personal and medical information, and as such, we follow all applicable regulations, including those mentioned above. Our adherence to these laws ensures that:

Your information is handled with the utmost confidentiality and care.
We operate with transparency and in alignment with your rights as defined under Australian law.
We implement robust security measures to protect your data and prevent unauthorized access.
We follow established legal and ethical protocols when sharing or disclosing your data, ensuring that all actions are in compliance with Australian law.

By using our telehealth services, you consent to the collection, use, and disclosure of your personal and medical information as described in this Terms and Conditions section, subject to the protections afforded by the Privacy Act 1988 (Cth), the Australian Digital Health Agency (ADHA) guidelines, and the My Health Records Act 2012 (Cth).

At eHealth Oz PTY LTD, trading as eHealth Australia Organisation, we are fully committed to adhering to all applicable Australian laws and regulations concerning the handling of your personal and medical information. By utilizing our telehealth services, you acknowledge and agree to the terms set forth in this section regarding the collection, use, storage, and disclosure of your data. The following laws, standards, and frameworks govern our practices in safeguarding your privacy and health data:

1. Privacy Act 1988 (Cth)

We operate in full compliance with the Privacy Act 1988 (Cth), which regulates the collection, use, disclosure, and storage of personal information. As part of this commitment, we adhere to the Australian Privacy Principles (APPs), which provide a set of standards for how we manage your personal and medical information. These principles ensure that your data is:

Collected lawfully and fairly: We only collect personal information that is necessary for the provision of telehealth services.
Used transparently: Your personal and medical data will only be used for the purposes outlined in this policy or as otherwise authorized by you.
Protected adequately: We implement appropriate security measures to safeguard your personal information against unauthorized access or misuse.
Disclosed responsibly: Your personal information will not be shared with third parties except when necessary for providing healthcare services or when required by law.

As part of our compliance with the Privacy Act, we provide you with rights regarding your personal information, including the right to access, correct, or request the deletion of your data in accordance with the law.

2. Australian Digital Health Agency (ADHA)

We strictly follow the guidelines, standards, and requirements set forth by the Australian Digital Health Agency (ADHA), which is responsible for overseeing the development and implementation of digital health systems in Australia. This includes ensuring that your health data is handled in accordance with the highest standards for digital health.

Our telehealth platform is designed to meet the requirements for privacy, security, and interoperability as prescribed by the ADHA. We also ensure that any data exchanged with other health services, including hospitals or specialists, complies with ADHA’s security and privacy standards.

Additionally, we comply with ADHA’s rules surrounding My Health Record, ensuring that your health data is managed in a secure, digital environment. This includes:

Secure access to your health records by authorized healthcare providers
The use of encryption protocols to protect your data during transmission
The facilitation of data sharing with your consent to improve the continuity of care

3. My Health Records Act 2012 (Cth)

We comply with the My Health Records Act 2012 (Cth), which governs the operation and management of the My Health Record system, a national digital health record system in Australia. Under this Act, we ensure that:

Your health information is securely stored and shared through the My Health Record system, in accordance with the established national standards.
Your consent is obtained for any health information shared via the My Health Record system. We will not share your health data without your authorization, except in specific cases required by law, such as public health emergencies.
Your rights to control the information stored in the My Health Record are respected, including the ability to view, amend, and request the deletion of your data in line with the provisions set by the Act.

We commit to ensuring that all health data stored in the My Health Record system is handled securely, and that your privacy is maintained in compliance with the My Health Records Act. You have the ability to access and manage your records at any time via the My Health Record portal.

8. Limitation of Liability and Legal Disclaimer

8.1 Limitation of Liability

To the maximum extent permitted by law, eHealth Australia Organisation, its affiliates, employees, and agents shall not be liable for any claims, losses, injuries, or damages, including but not limited to medical malpractice, physical injury, or emotional distress, arising out of your use of our services. eHealth Australia is not liable for the actions, decisions, or clinical outcomes resulting from consultations conducted by Contractor Doctors or Allied Health Professionals.

8.2 Indemnification

By using the eHealth Australia Platform, you agree to indemnify and hold harmless eHealth Australia Organisation and its affiliates from any claims, damages, liabilities, or expenses (including legal fees) arising out of your use of the platform, including but not limited to any claims resulting from your consultations with Contractor Doctors or Allied Health Professionals.

8.3 No Legal Action Against eHealth Australia and Third-Party Liability Disclaimer

By using the services provided by eHealth Australia Organisation, you agree that, to the fullest extent permitted by law, you shall not initiate or pursue any legal claim, suit, or other legal action against eHealth Australia, its directors, officers, employees, agents, affiliates, or independent contractors in relation to any aspect of the telehealth services provided. This includes, but is not limited to, claims arising from any medical advice, diagnosis, treatment, prescription, or healthcare service provided by Contractor Doctors and Allied Health Professionals through the Platform. You further agree to release, discharge, and hold harmless eHealth Australia from any liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to your use of the services.

Furthermore, eHealth Australia Organisation shall not be held liable for any actions, omissions, or mishaps resulting from third-party businesses, partners, vendors, or service providers with whom eHealth Australia may engage in connection with the provision of services. This includes, but is not limited to, issues related to payment processors, telecommunications services, software providers, or any other external entities involved in facilitating the Platform’s operation. You agree to release, discharge, and hold harmless eHealth Australia Organisation from any and all liability, claims, or demands, including reasonable attorneys’ fees, arising out of or related to third-party involvement, even if such involvement contributes to any adverse outcomes or disruptions of service.

For the purpose of full transparency to the Australian public, any third-party logos or trademarks displayed on the Platform or within marketing materials represent businesses with which eHealth Australia works in order to provide its services. These third-party businesses are not partners or affiliates of eHealth Australia, and their logos should not be construed as an endorsement, joint venture, or partnership with eHealth Australia. The use of these third-party logos solely reflects our professional relationships with these entities in providing necessary services, and eHealth Australia Organisation assumes no liability for the actions or conduct of such businesses.

9. Disassociation from Other Electronic Health Services and Bodies

eHealth Australia Organisation is an independent entity and is not directly affiliated with, nor does it operate as a part of, any other electronic health service or health-related body, either public or private. This includes, but is not limited to, hospitals, clinics, governmental health agencies, insurance bodies, or any other health services or medical platforms.

While eHealth Australia offers telehealth services to patients through a secure digital platform, we do not integrate or share patient information directly with other healthcare providers or institutions unless explicitly consented to by the patient or required by law. Our telehealth services are designed to function autonomously, with each consultation conducted solely through our platform, utilizing our network of independent, licensed healthcare professionals.

The professionals offering consultations via our platform are independent contractors who make their own clinical decisions without being influenced or governed by external organizations or entities. As such, eHealth Australia does not influence or control the decisions made by healthcare providers outside of its own network. Furthermore, eHealth Australia does not endorse, support, or have a direct partnership with any external electronic health service or platform, including but not limited to national or regional health information networks, third-party health apps, or digital services provided by other healthcare organizations.

eHealth Australia Organisation does not share operational control or governance with any other healthcare providers or organizations, and all decisions, including service offerings, patient care procedures, and policy implementation, are made independently by eHealth Australia. We also do not act as an intermediary or facilitate integration with other healthcare systems unless such services are specifically outlined in an agreement with the patient or relevant legal authorities.

Any collaboration with third-party businesses or service providers (such as payment processors or technical service vendors) does not indicate a formal partnership or an endorsement by eHealth Australia of their services, nor does it constitute a link to any broader healthcare service or regulatory body.

By using our platform, you acknowledge that eHealth Australia is not connected with or directly affiliated with any other telehealth service, healthcare provider, or medical body outside of the independent contractors delivering services through our platform. This distinction is important for patients to understand when accessing and utilizing our telehealth offerings.

10. Changes to Terms and Conditions

eHealth Australia Organisation reserves the right to modify or amend these Terms and Conditions and Privacy Policy at any time. Any changes will be posted on our website, and the updated date will be reflected at the top of this page. Continued use of the services after such changes will constitute your acceptance of the modified Terms.