Platform Terms and Conditions

Definitions

"Independent Practitioner" means an Australian-registered medical practitioner who provides consultations through the Platform under a Medical Practitioner Services Agreement with Total Holistic. Independent Practitioners are not employees of Total Holistic and exercise independent clinical judgment.

"Third Party Pharmacy" means a pharmacy nominated by you, or a pharmacy with which Total Holistic has an arrangement, for the dispensing of prescriptions. Unless you nominate an alternative, the default Third Party Pharmacy is our recommended pharmacy.

"Medicinal Cannabis Product" means a therapeutic good containing or derived from cannabis that is prescribed by an Independent Practitioner, including products containing cannabidiol (CBD) and/or tetrahydrocannabinol (THC).

"Platform" means the online telehealth platform operated by Total Holistic, including the website, booking system, consultation technology, and associated systems.

1. Eligibility

1.1

To use the Platform, you must: (a) be at least 18 years of age; (b) reside in Australia; (c) access the Platform from within Australia; (d) be capable of entering a legally binding agreement; and (e) agree to these Terms and the Privacy Policy.

1.2

We reserve the right to refuse access to the Platform to any person, at any time, for any reason, including if we reasonably believe that you do not meet the eligibility criteria or have breached these Terms.

2. Your Account

2.1

To book a Consultation, you must create an account on the Platform. When registering, you must provide accurate, complete, and current personal information including your name, date of birth, contact details, and health information as requested.

2.2

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately if you become aware of any unauthorised access to your account.

2.3

You agree that all information you provide through the Platform will be true, accurate, and complete. You acknowledge that providing false or misleading health information in connection with obtaining a prescription may constitute a criminal offence.

3. Services

3.1

The Platform facilitates the following services:

• booking of telehealth consultations with Independent Practitioners;
• provision of technology infrastructure for real-time video or telephone consultations;
• electronic transmission of prescriptions to your nominated or the default pharmacy; and
• appointment scheduling, reminders, and administrative support.

3.2

The Platform does not provide medical services. Medical services are provided by Independent Practitioners who exercise their own clinical judgment. Total Holistic does not control, direct, or influence the clinical decisions of Independent Practitioners.

3.3

You understand that an Independent Practitioner may, in their absolute clinical discretion, decline to prescribe medication, decline to issue a particular prescription, or recommend alternative treatments. A consultation through the Platform does not guarantee that any particular medication will be prescribed.

3.4

The services available through the Platform are not a substitute for emergency medical care. If you are experiencing a medical emergency, call 000 or attend your nearest hospital emergency department immediately.

3.5

The content of the Platform is intended to provide general information only. While we endeavour to ensure accuracy, we do not warrant that the content is correct, complete, or current. Content must not be relied upon as a substitute for professional medical advice tailored to your individual circumstances.

3.6

The Platform is not to be taken as promoting, endorsing, or advertising any particular health practitioner, treatment option, therapeutic good, or regulated health service in preference to any other.

3.7

Consultations provided through the Platform are not intended to replace the role of your regular general practitioner. You should advise your GP of any treatments or medications prescribed through the Platform. If your medical condition changes or your symptoms worsen, or if you experience side effects from any medication prescribed through the Platform, you should contact your GP or the Platform to arrange a further consultation.

4. Consultations

4.1

All consultations are conducted in real time by video or telephone. We do not support asynchronous consultations (i.e. consultations by text, email, or online questionnaire only).

4.2

When you book a Consultation with an Independent Practitioner, you enter into a practitioner-patient treatment relationship with that Independent Practitioner. We are not a party to that relationship and are not liable for any services provided by the Independent Practitioner.

4.3

Independent Practitioners are independent of Total Holistic and are solely responsible for the healthcare services they provide to you, including compliance with professional standards, record-keeping obligations, and applicable laws.

4.4

You must attend your Consultation at the scheduled time. If you are unable to attend, you must cancel or reschedule at least 24 hours before the scheduled time.

5. Booking and Payment

5.1

Booking Fee. When booking a Consultation, you must provide valid credit card or debit card details. A Booking Fee of $40.00 will be charged to secure your appointment.

5.2

Initial Consultation refund. If you attend your initial Consultation, the $40.00 Booking Fee will be refunded in full.

5.3

Follow-up Consultation. For telehealth follow-up Consultations, $11.00 of the Booking Fee will be refunded. The remaining $29.00 is the Platform consultation fee and is non-refundable. Face-to-face follow-up Consultations for existing patients are offered at a $0 consultation fee, as published on the Platform when you book.

5.4

Non-attendance. If you fail to attend a booked Consultation without providing at least 24 hours' notice, the Booking Fee will not be refunded.

5.5

All prices are expressed in Australian dollars and are inclusive of GST where applicable.

5.6

Consultations provided through the Platform by an Independent Practitioner are not eligible for Medicare rebates. You may be eligible to claim private health insurance benefits for consultations; you are responsible for submitting the paid invoice to your insurer to claim any eligible benefits.

5.7

We may vary fees from time to time. Any variation will be published on the Platform and will apply to bookings made after the date of publication.

6. Prescriptions and Pharmacy

6.1

If an Independent Practitioner prescribes medication for you, the prescription will be transmitted electronically to a pharmacy for dispensing.

6.2

Choice of pharmacy. You may nominate a pharmacy of your choice to receive your prescription. If you do not nominate a pharmacy, your prescription will be sent to our recommended pharmacy, unless you advise otherwise. You are free to change your nominated pharmacy at any time by notifying us.

6.3

We are not a pharmacy and do not dispense medicines. The dispensing of medicines is the responsibility of the nominated pharmacy. You enter into a separate contractual relationship with the dispensing pharmacy.

6.4

An Independent Practitioner's decision to prescribe medication does not constitute a guarantee that the medication is available for dispensing. Availability is subject to the dispensing pharmacy's stock and supply arrangements.

6.5

You must carefully read all information provided by the dispensing pharmacy regarding your medication and follow any instructions given by the Independent Practitioner or pharmacist.

6.6

You must advise your regular general practitioner of any medications prescribed through the Platform.

7. Medicinal Cannabis: Specific Provisions

7.1

Most medicinal cannabis products are unapproved therapeutic goods that have not been evaluated by the TGA for safety, quality, or effectiveness. They are available only by prescription through the Special Access Scheme or the Authorised Prescriber pathway.

7.2

Medicinal cannabis is not a first-line treatment. Independent Practitioners will only consider prescribing medicinal cannabis where conventional treatments have been explored and are considered unsuitable, ineffective, or poorly tolerated.

7.3

If an Independent Practitioner prescribes a medicinal cannabis product, you acknowledge that:

• the product is an unapproved therapeutic good unless it is specifically listed on the Australian Register of Therapeutic Goods;
• the product may have side effects, including impairment of attention, concentration, reaction time, and judgment;
• you should not drive or operate heavy machinery while under the influence of medicinal cannabis containing THC;
• Schedule 8 medicinal cannabis products (those containing THC) are classified as Controlled Drugs;
• the Independent Practitioner will advise you of the consequences of any off-label prescribing; and
• you will comply with any management plan, including any exit strategy, established by the Independent Practitioner.

8. Your Consents

8.1

By using the Platform and booking a Consultation, you consent to:

• receiving healthcare services via telehealth (video or telephone) rather than in person;
• the collection, use, and disclosure of your personal and health information in accordance with the Privacy Policy;
• the electronic transmission of your prescription to your nominated pharmacy;
• Total Holistic storing your health information on the Platform for the purpose of continuity of care;
• Total Holistic or the Independent Practitioner contacting you for follow-up care, appointment reminders, or matters related to your treatment; and
• the sharing of your health information with subsequent treating practitioners on the Platform, where necessary for continuity of care.

8.2

You may withdraw your consent to any of the above at any time by notifying us in writing. Withdrawal of certain consents may affect our ability to provide services to you.

8.3

A separate Patient Consent Form will be provided to you before your first Consultation. That form supplements these Terms.

9. Your Obligations

9.1

You must: provide accurate, complete, and up-to-date information at all times; disclose all relevant medical history, current medications, and prior treatment responses to the Independent Practitioner; comply with any treatment plan or management plan established by the Independent Practitioner; attend scheduled Consultations or provide reasonable notice of cancellation; not use the Platform for any unlawful purpose; and not use the Platform in a manner that is abusive, threatening, or offensive to any person.

9.2

We reserve the right to suspend or terminate your account if you breach these obligations.

10. Refunds

10.1

You have rights under the Australian Consumer Law. Nothing in these Terms limits or excludes those rights.

10.2

If a Consultation cannot proceed due to a technical failure attributable to the Platform, you will receive a full refund of the Booking Fee.

10.3

If you cancel a Consultation at least 24 hours before the scheduled time, you will receive a full refund of the Booking Fee.

10.4

Refunds will be processed to the original payment method within 5 Business Days.

11. Limitation of Liability

11.1

To the maximum extent permitted by law, Total Holistic excludes all liability for any loss or damage arising from or in connection with: any medical advice, clinical decision, prescription, or treatment provided by an Independent Practitioner; any product dispensed by a Third Party Pharmacy; any reliance on information provided through the Platform (other than by an Independent Practitioner during a Consultation); and any technical failure, interruption, or delay in the Platform's operation beyond Total Holistic's reasonable control.

11.2

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement.

11.3

Where a consumer guarantee applies and cannot be excluded, Total Holistic's liability is limited to: (a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and (b) in the case of goods, replacement of the goods, supply of equivalent goods, or payment of the cost of replacing the goods.

12. Indemnity

12.1

You agree to indemnify and hold harmless Total Holistic (and its directors, officers, employees, and agents) from any claim, loss, damage, cost, or expense (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your provision of false or misleading information; (c) your use of the Platform in a manner not contemplated by these Terms; or (d) your breach of any applicable law.

13. Intellectual Property

13.1

All content on the Platform, including text, graphics, logos, software, and design, is owned by or licensed to Total Holistic. You must not reproduce, modify, distribute, or create derivative works without our prior written consent.

13.2

You must not link to, frame, or mirror any part of the Platform for a commercial purpose without our prior written authorisation.

14. Third Party Content

14.1

The Platform may contain links to or display the content of third parties, including links to websites operated by other organisations (Third Party Content). Third Party Content is not under our control.

14.2

We do not endorse, approve, or make any warranty regarding Third Party Content or the products, services, or information available on any third party website. If you access or rely upon Third Party Content, you do so at your own risk.

15. Force Majeure

15.1

Neither party is liable for any delay or failure to perform its obligations under these Terms to the extent that the delay or failure is caused by an event beyond the party's reasonable control, including natural disaster, pandemic, government action, regulatory change, internet or telecommunications failure, or disruption to supply chains (Force Majeure Event).

15.2

If a Force Majeure Event affects our ability to provide the Platform or any services, we will use reasonable endeavours to notify you and to resume normal operations as soon as practicable.

16. Privacy

16.1

We collect, use, and disclose your personal and health information in accordance with our Privacy Policy, which forms part of these Terms. Please read the Privacy Policy carefully.

16.2

By using the Platform, you acknowledge that you have read and understood the Privacy Policy.

17. Amendments

17.1

We may amend these Terms from time to time. The amended Terms will be published on the Platform and will take effect from the date of publication.

17.2

If we make a material change to these Terms, we will notify you by email or through a notification on the Platform.

17.3

Your continued use of the Platform following publication of amended Terms constitutes acceptance of those Terms.

18. Termination

18.1

You may close your account at any time by contacting us.

18.2

We may suspend or terminate your account at any time if: (a) you breach these Terms; (b) your conduct is abusive or inappropriate; (c) we are required to do so by law; or (d) we cease operating the Platform.

18.3

On termination, your right to access the Platform ceases. Clinical Records will be retained in accordance with applicable laws and our Privacy Policy.

19. General

19.1 Governing law.

These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria.

19.2 Severability.

If any provision of these Terms is found invalid or unenforceable, it will be read down or severed without affecting the remaining provisions.

19.3 Waiver.

A failure by us to exercise any right under these Terms is not a waiver of that right.

19.4 Contact.

If you have any questions about these Terms, contact us at clinic@totalholistic.com.au or 03 9115 2924.

19.5 Complaints.

If you have a complaint about the Platform or our services, please contact us at clinic@totalholistic.com.au. We will endeavour to respond within 5 Business Days.

19.6 Emergency.

The Platform is not an emergency service. If you are experiencing a medical emergency, call 000 or attend your nearest hospital emergency department.