PART A: CONSENT PROVISION

1. the MyHealthAccess Patient App Terms of Use; and
2. Telstra Health’s collection and handling of any personal information I provide when registering for and using the MyHealthAccess Patient App, in accordance with its Privacy Policy and the Privacy Collection Notice.

PART B: MyHealthAccess – PATIENT APP TERMS OF USE

1. THESE TERMS OF USE

a) The Virtual Health Platform Service (Service) is operated by Telstra Health Pty Ltd (ACN 163 077 236) (we, us or our), and provided to our customers who are health care providers (Providers).
b) The MyHealthAccess patient-facing app (the App) is an online health and collaboration platform, accessible via web browser, Android and IOS, that integrates to the Service to enables patients and service users to connect with their Provider in limited circumstances only. You must not use the App in case of emergency or to contact your Provider for the treatment of life threatening conditions, illnesses or injuries. In case of emergency, call 000.
c) In these Terms of Use, any reference to ‘you’ or ‘your’ or an ‘Authorised User’ is a reference to a patient or potential patient (or a permitted family member or carer, subject to any reasonable verification required) of a Provider who:

i. is at least eighteen (18) years old;
ii. has registered to use the App; and
iii. has been issued with an authorised user subscription by the Provider.

d) These Terms of Use set out the basis on which you as an Authorised User are permitted by us to access or use the App. By agreeing to these Terms of Use, or by using this App, you are:

i. representing that you are an Authorised User; and
ii. agreeing to be bound by the Terms of Use.

e) These Terms of Use do not apply to third party software such as the operating system, third party applications or other software not provided by us, even if such third party software is installed on the device you receive from us for purposes of accessing the App (Device). Such third party software is subject to the licence agreement provided by the third party.

 

2. REGISTRATION
a) Access and use of the App is restricted to Authorised Users only.
b) You must ensure that your registration and log-in details (including password) are kept securely. You will be responsible for any access to or use of the App by you or any third parties who use your registration and log-in details (including your family members or carers), whether their access is authorised or not.
c) You must notify us immediately if you have reason to believe the security of your registration and log-in details have been compromised.
d) You agree to provide us with accurate information during your registration for and use of the App, and to keep this information up to date.

 

3. USE OF THE APP AND SECURITY
a) In connection with your access to or use of the App (including by inputting or recording any information, images or other data to or via the App) you must ensure that you do not:

i. breach any laws, or encourage or assist the commission of any illegal act;
ii. infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
iii. use or access the App for any purpose not permitted or contemplated by these Terms of Use (or otherwise authorised by us) or which is unlawful;
iv. include any material that contains any virus or harmful code, or program that is designed to impair the performance of the App or any device accessing the App;
v. impersonate any other person;
vi. negatively impact any other users’ ability to access and use the App;
vii. publish or link to malicious content;
viii. engage in conduct which is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which will or is reasonably likely to damage our reputation or our services (including the App).

b) You must not:

i. copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any software, content, technology or intellectual property rights forming part of the App;
ii. reverse engineer, decompile, modify, translate, use for competitive analysis, create derivate works from, disassemble, disable or tamper with any part of the software forming part of the App;
iii. rent, lease, lend, resell or sublicense your rights to use the App or any content available through the App;
iv. attempt to circumvent any security safeguard or access rights that we use to protect the security of the App and the information and data contained in the App; or
v. provide any third party with access to the App without our prior written permission.

c) You must only use the App as loaded onto your Device by us or as authorised by us for use on other compatible devices, as notified from time to time by us.
d) You must notify us as soon as possible if you lose the Device or other compatible device on which the App is installed or accessed. We may also allocate your Device a phone number and ask you to provide it from time to time for security and recovery purposes.
e) You will require a valid wireless internet connection in order to use the App and all of the services and apps installed on the Device. We are not liable for any problems relating to your failure to maintain an adequate connection.
f) You agree to comply with our reasonable instructions, directions, policies or procedures regarding use of the App, including these Terms of Use, as notified to you from time to time by us.
g) We or the Provider may change, suspend or discontinue any part of your access to, or use of, the App at any time at our or the Provider’s discretion, and terminate these Terms of Use, without any liability to you. If a change is detrimental to you, you can cease using and delete the App at any time, and deregister your account by emailing us at vhpsupport@health.telstra.com.
h) Upon termination of these Terms of Use and/or discontinuance of your access to the App (as the case may be), you shall certify in writing that any Device(s) has been returned and all copies of the App, or any portion thereof, have either been returned to us or otherwise destroyed or deleted from any other compatible device on which the App was installed, your computer libraries and any other storage devices.

4. PURPOSE AND CONTENT
a) We provide a platform only to connect you with your Provider, and are not responsible for Your or the Provider’s use of the App, or the accuracy and suitability of any information, images or data that you upload, input or access via the App.
b) You acknowledge and agree that the App is not designed or intended for use (and must not be relied on) in environments requiring fail-safe performance, including without limitation as part of a life support, critical, emergency or acute system, process or service.
Your content
c) You are solely responsible for the accuracy, currency and completeness of any data and information you submit, transmit or otherwise make available to us, your registered health professional or via the App, including your registration and log-in details (Your Data).
d) You are responsible for Your Data that you input into the App, including ensuring that you maintain sufficient records of Your Data in a medium outside of the App. We will not maintain any back-ups of Your Data that you have deleted from the App.
e) You acknowledge and agree that we may disclose Your Data (including personal information) to:

i. your authorised representatives and Provider or other health professional or when you ask us to do so;
ii. our personnel (including officers, employees, related entities, sub-contractors, contractors, agents and professional advisers) on a need-to-know basis; and
iii. other third parties in accordance with any applicable laws.

f) You acknowledge and agree that we may monitor and audit access to and use of the App (including Your Data) at any time in order to:

i. perform any necessary maintenance on the App; or
ii. determine whether you are complying with these Terms.

Third party and Provider content, products and services
g) The App may contain content from, information about or links to websites, products and services provided by third parties, including the Provider (Third Party Products and Services).
h) Such Third Party Products and Services are not owned, operated, endorsed or maintained by us (or affiliated with us), unless this is expressly indicated within the relevant information or links.
i) We are not responsible for any Third Party Products and Services that are linked to or identified within the App, and accept no liability or responsibility for your actions or omissions in relation to such Third Party Products and Services.
j) You should contact the relevant third party directly if you have any queries or concerns regarding the Third Party Products and Services.
Our content
k) We provide a platform only, and to the extent permitted by law, we do not represent or warrant that the information on the App or any information provided through the App is accurate, suitable, complete or up to date. We are not responsible for, and exclude all liability for, such information or advice.

5. AVAILABILITY
a) While we use our best efforts to make sure that the App functions really well, we do not promise that it will always be accurate or defect free, or that it will be compatible with any of your other systems or services. We also don’t promise anything in relation to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via the App or that the information collected, displayed or communicated by the App is always accurate or complete.
b) Since the internet is not a fully secure environment, we cannot guarantee that the App is free from viruses or other harmful code, or that any information you transmit to or via the App will be fully secure. Access to and use of the App is at your own risk.
c) We are not under any obligation to you as an individual Authorised User to provide any updates, new releases or maintenance of the App.
d) If an update or maintenance does occur, this may mean the App is temporarily unavailable. Where possible, notification of any planned outages which may materially impact the availability of the App will be provided to your Provider.

6. PRIVACY AND DATA MANAGEMENT
a) You acknowledge and agree that we will collect, use, disclose and handle any personal information that is provided to us during your registration as an Authorised User, or uploaded to or transmitted via the App about you (by you, your Provider, or any other third party) in accordance with:

i. our Privacy Policy, which is available on our website (see https://www.telstrahealth.com/content/telstrahealth/en/privacy-policy.html); and
ii. our Privacy Collection Notice for the App (contained below).

b) We will comply with applicable privacy and health records laws when collecting, handling and using any personal and health information that we obtain about you in connection with your use of the App. This may include matching your data to share with your healthcare provider via other applications and services we provide to them.
c) You must only submit or upload, or request another person or entity to submit or upload, the personal information of any other individual if you have first obtained the consent of and provided any notification to that individual in relation to our collection and handling of their personal information, to the extent required by applicable privacy laws.
d) We reserve the right to access, maintain, delete or destroy all communications or information (including personal information) that is uploaded or stored in connection with the App at any time and in our sole discretion (including to ensure that information complies with these Terms of Use and any legal requirements).
e) To the extent that you receive a Device from us, in addition to the disclosures listed in our privacy policy, you acknowledge and agree that Telestar Health Pty Ltd (in its capacity as our service provider) will handle your information (including personal information) in accordance with its own privacy policy.

7. INTELLECTUAL PROPERTY
a) We (or our licensors) retain ownership of all intellectual property rights in and to the App, including without limitation the software on which it is based, any documentation regarding its use, text, graphics, video, audio, information, data and the design and layout of the App and any messages or content we make available to you, but excluding the content data provided by you or a Provider.
b) You (or your Provider) retain ownership of all intellectual property rights in any content and data that you submit to the App.
c) In terms of licences:

i. we grant you a limited, non-sublicensable and revocable licence to use the App subject to these Terms of Use; and
ii. you grant us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any feedback or contributions you make to the App’s development or functionality, in connection with our operation and development of the App and/or the Service.

8. DISCLAIMER
a) You acknowledge and agree that:

i. the contents of the App (such as text, graphics, images, personal health information, and other material contained on the App) and all information and data produced by the App are not intended to be a substitute for professional medical advice, diagnosis or treatment and must not be relied upon as such (including in relation to any critical, emergency or acute care circumstances);
ii. Providers and patients using the App are solely responsible for the accuracy of the data and information they provide for processing by, or use in connection with, the App;
iii. the Provider responsible for treating you retains ultimate responsibility for the use of the App and treatment provided to you, including exercising all due skill and care and professional judgement; and
iv. we do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the App.

b) You acknowledge and agree that you have a direct clinical relationship with your Provider only, and that the Provider is not our employee, representative or agent.

9. LIABILITY
a) You must only use or access the App for purposes permitted or contemplated by these Terms of Use (or otherwise authorised by us).
b) To the maximum extent permitted by law:

i. neither we nor our licensors, suppliers or any other third party referred to in the App are liable for any loss, cost, damage or injury arising out of:
1. the provision of the App or any content available on or via the App; or
2. any use or misuse (by you, the Provider, or a third party) of the App or any content available on or via the App; and
ii. all express or implied guarantees, warranties, representations or other terms not contained in these Terms of Use are excluded.

c) To the extent permitted by law, we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from access to and use of the App.
d) Where any guarantee, warranty, term or condition is implied or imposed into these Terms of Use by legislation, and liability for breach cannot be excluded, but can be limited, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following (at our option):

i. in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
ii. in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.

10. INDEMNITY
a) You are liable for, and must compensate us on demand for, all losses, costs, expenses (including legal costs on a full indemnity basis), claims or damage suffered or incurred (or that we agree to pay by way of settlement or compromise) in connection with or arising out of:

i. a breach of these Terms of Use by you (including a representation or warranty);
ii. fraudulent or dishonest conduct by you;
iii. a failure by you to comply with applicable laws, codes or standards;
iv. personal injury, death or loss of or damage to real or tangible personal property caused by you;
v. failure to comply with any obligations of confidence or privacy under these Terms of Use, arising out of any of your acts or omissions whether accidental or not; and
vi. use of your user-name, log-in details or account by any person other than you.

11. GENERAL
a) Entire agreement: These Terms of Use comprise the entire agreement that is specifically between you and us in relation to your access to or use of the App.
b) Applicable law: These Terms of Use are governed by the laws of the Australian State or Territory in which you principally reside, and we and you each submit to the exclusive jurisdiction of those courts.
c) Variations and changes: We may change these Terms of Use at any time by publishing an updated version on our website and/or the App. By continuing to use the App you will be deemed to have accepted the updated Terms of Use and agree to be bound by them.
d) Severability: If any of these Terms of Use are invalid, unenforceable or illegal, the remaining Terms of Use will continue to apply.
e) Assignment: You must not assign or novate these Terms of Use or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms of Use, and to the extent necessary you hereby consent to such novation, assignment or transfer.
f) No waiver: If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12. CONTACT
If you have any questions regarding these Terms of Use please contact us on vhpsupport@health.telstra.com

 

 

PART C: PRIVACY COLLECTION NOTICE

TELSTRA HEALTH’S COLLECTION NOTICE FOR AUTHORISED USERS OF THE MYHEALTHACCESS PATIENT APP

By signing up to and using the MyHealthAccess Patient App you have provided, and will continue to provide, Telstra Health Pty Ltd (Telstra Health, we, our or us) with your personal information.

 

Our Privacy Policy includes important information about how we will collect, handle and hold this personal information. It also includes our contact details if you have any questions or would like to request access to or correction of your personal information. In addition to our Privacy Policy, this Collection Notice provides further (and more specific) information about our collection and handling of the personal information we receive about you:

 

What personal information will be collected?	We may collect the following types of personal information about you: • the information you provided when signing up for the MyHealthAccess Patient App, including your name, email address and other contact details, and any identification verification information; • information which is uploaded to the App about you by the healthcare practitioner, professional or organisation that you connect with via the App (Provider); • your username(s) and log-in details; • your location information (if this is permitted by your device settings); • details of how you access and use the MyHealthAccess Patient App, and any information or content you provide; • records of any communications we may have with you.
Why Telstra Health is collecting your personal information	We’re collecting your personal information for the primary purpose of enabling you to access and use the MyHealthAccess Patient App to connect with your Provider, as agreed between us and the Provider. We may also use it to provide usage monitoring and reports to the Provider, and for any other secondary purposes set out in our Privacy Policy.
What it means if you don’t provide your personal information to us	If you choose not to provide your personal information, you may be unable to sign-up for or continue to use the MyHealthAccess Patient App.
Who we might disclose this type of personal information to	In order to fulfil the purposes described above, we will disclose your personal information (including your health information) with your Provider or any other entity you connect with via the MyHealthAccess Patient App. We may also need to share your personal information with our contractors and service providers who help us operate our business, on a need-to-know basis only (and subject to confidentiality requirements). We will take reasonable steps to ensure that all recipients of your personal information abide by the Privacy Act and the Australian Privacy Principles.