Skip to content

Terms and Conditions for Consultations

Welcome to Womens Telehealth! We provide a service to connect you with a doctor who can provide alternative treatment options for your health conditions. Before using the Site, please read through these Terms carefully. 

1. Disclaimer 

The information on our Site is intended to be general information only and is in no way intended to be medical advice, treatment or diagnoses, or substituted for the foregoing. We do not accept any liability for any injury, loss or damage incurred by you, or a third party, for your use of, or reliance on, the information published on the Site. You should seek immediate advice from a medical practitioner if you have any concerns related to your health. 
By using the Site, you acknowledge that the prescription, supply, possession and use of certain alternative medicines is regulated by state, territory and federal legislation and this can affect whether or not you can be prescribed particular medicines. You understand that we are not responsible for, and do not guarantee, any access or prescriptions for any alternative and prescription medication or treatments. 
As part of our services, our role is limited to connecting you with an Australian registered medical practitioner. The medical practitioner may, based on their own judgements, medical expertise and assessment of your suitability for such treatments, provide alternative medicines or treatments to you. We are not responsible for, nor do we make any guarantees as to, medical advice, products or services that a third party (including a medical practitioner) may provide you. 

2. Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • We may amend these Terms at any time by publishing updated terms on our Site; 
  • We may cancel, at any time before the commencement of a Booking, a Booking that we have previously accepted; 
  • To the maximum extent permitted by law, the Price is non-refundable; 
  • Our liability under these Terms is limited to the Price, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data;
  • We exclude all liability for any aspect of your interaction with a Medical Practitioner, including the services offered by the Medical Practitioner, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control; 
  • We will handle your personal information in accordance with our privacy policy, available on our Site;
  • We will receive a benefit (which may include a referral fee or a commission) should you make a Booking with a Medical Practitioner on our Site, or visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.


Nothing in these terms limit your rights under the Australian Consumer Law.

3. Introduction
3.1. These terms and conditions (Terms) are entered into between Ganjika Pty Ltd (ACN 635 373 045) (we, us or our) and you, the individual stated in the Consultation Form or otherwise accessing our using the Site, together the Parties and each a Party. 

3.2. We provide a website where you can make bookings for consultations with Australian registered medical practitioners who can provide alternative treatment (Medical Practitioner) and who will assess your medical conditions, suitability for treatment, and may potentially prescribe you certain medicines (Site). 

4. Acceptance and Site Licence
4.1. You accept these Terms by the earlier of (a)accepting these Terms on the Site; (b) filling out the consultation form on our Site (Consultation Form); or (c) making payment of any part of the Price. 

4.2. You must be at least 18 years old to use the Site. 

4.3. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Site after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you must stop using the Site.  

4.4. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

4.5. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Site to defame, harass, threaten, menace or offend any person, including using the Site to send unsolicited electronic messages;
(c) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(e) facilitating or assisting a third party to do any of the above acts.

5. Booking a Consultation 

5.1. We provide the Site to users (including hosting and maintaining the Site) of Womens Telehealth Services. You acknowledge and agree that: (a) we only make available the Womens Telehealth Services to you and are not party to any agreement entered into between you and a Medical Practitioner or any other third party; and (b) we do not have any control over the conduct of Medical Practitioners or any other users on the Site. 

5.2. You may book a consultation with a Medical Practitioner on our Site by completing the Consultation Form (Booking Request). 

5.3. You must provide us with all information required in the Consultation Form, including your name, contact numbers, email address, medical conditions and Medicare number. All personal information you provide to us will be treatment in accordance with our Privacy Policy. 

5.4. Upon full payment of the fee outlined on the Site (Price), your Booking Request will be confirmed and will become a Booking at which point we will send you a confirmation email with the details of the Booking. It is your responsibility to check the details in the email.  

6. Cancellation Policy 

6.1. You may cancel your Booking at any time by emailing us, identifying your Booking and requesting cancellation of your Booking. Your Booking will not be cancelled until we provide confirmation of the cancellation of your Booking in writing.

6.2. Where you cancel your Booking:
(a) more than 24 hours before the time of your Booking, the Price paid for the Booking will be refunded to you; 
(b) less than 24 hours before the time of your Booking, we reserve the right to charge you the full Price for the Women's Telehealth Services and you will not be entitled to a refund for the Price; and 
(c) a cancellation fee may be charged by the Medical Practitioner as a result of your cancellation. We will inform you if any cancellation fee is to be charged to you.

6.3. You agree the above cancellation fees are a genuine pre-estimate of our loss due to blocking your Booking date and time and preventing other clients from booking that Booking date and time.

6.4. Our cancellation: Due to unforeseen circumstances, you acknowledge and agree that we or the Medical Practitioner may need to reschedule the date of your Booking. Where we need to reschedule a Booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties. If the Parties cannot agree to a new Booking time, we will refund you the Price. 

7. Our Intellectual Property

7.1. You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Site, the Site itself, and any algorithms or machine learning models used on the Site (Our Intellectual Property) will at all times vest, or remain vested, in us.
7.2. We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose. 
7.3. You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property; 
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Site, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
7.4. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 
(d) you comply with all other terms of these Terms. 
7.5. This clause will survive the termination or expiry of these Terms. 

8. Warranties

8.1. You represent, warrant and agree that:
(a) you will not use our Site, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms; 
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) you will immediately inform us of any changes to any information provided in a Consultation Form; and 
(e) if you are seeking a rebate from your private health insurance for a Booking, it is your sole responsibility to confirm that your private health insurance fund will cover the Booking. 

9. Australian Consumer Law 

9.1. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Site by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). 
9.2. If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Site provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.  
9.3. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Site) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
9.4. This clause will survive the termination or expiry of these Terms.  

10. Privacy Collection Notice 

10.1. We collect personal information (including sensitive information) from you so that we can provide our services to you, answer any enquires you submit to us, deliver our Site to you and for the purposes otherwise set out in our privacy policy, available at: https://www.womenstelehealth.com.au/privacy-policy. Please let us know if you have any questions regarding our Privacy Policy.

10.2. We may disclose this personal information (including sensitive information) to third parties, including our employees, contractors and related entities, third party medical practitioners with whom you have made a Booking with, third party service providers that provide their services to us (including IT service providers, marketing and advertising providers and website analytics suppliers), if we are required to disclose personal information by law and as otherwise set out in our privacy policy. Where we disclose your personal information to third parties listed in our privacy policy, these third parties may store, transfer or access personal information outside of Australia. If you do not provide your personal information (including sensitive information) to us, you may not be able to use all of the features on our website and we may not be able to provide the [insert revised platform name] Services to you.

10.3. Our Privacy Policy describes further how we collect, store, use and disclose your personal information. It also describes how you can access and correct your personal information (including sensitive information), how you can make a privacy-related complaint and our complaint-handling process.

10.4. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information (including sensitive information) in accordance with our Privacy Policy.

11. Exclusions and Limitations on Liability 

11.1. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:  
(a) any aspect of your interaction with the Medical Practitioner, including the services offered by the Medical Practitioner, the description of the services requested or offered, any advice provided, the performance of services; 
(b) you not providing us with correct and complete current health and medical information; 
(c) any third parties or any goods or services provided by third parties; and 
(d) any event outside of our reasonable control.

11.2. Despite anything to the contrary, to the maximum extent permitted by law:  
(a) neither Party will be liable for Consequential Loss; 
(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us you in the 12 months immediately preceding the act, event or omission giving rise to the Liability.

11.3. This clause will survive the termination or expiry of these Terms.

12. Termination
12.1. We may terminate these Terms and any Bookings at any time by giving written notice to you, including where we determine you are ineligible for a consult with a Medical Practitioner (Termination for Convenience). 

12.2. These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party, or the Defaulting Party is unable to pay its debts as they fall due.

12.3. Should we suspect that you are in breach of these Terms, we may suspend your access to the Site while we investigate the suspected breach. 

12.4. Upon expiry or termination of these Terms: 
(a) we will remove your access to the Site and cease providing the Womens Telehealth Services; 
(b) we will cancel any Bookings and you will not be refunded the Price, unless termination is due to our Termination for Convenience, or our breach of these Terms; and
(c) where we terminate these Terms for any reason other than a Termination for Convenience, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

12.5. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms.  

12.6. This clause will survive the termination or expiry of these Terms.

13. General 

13.1. Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld). 

13.2. Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party. 

13.3. Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Site to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by another user, or by a Medical Practitioner. 

13.4. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 

13.5. Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

13.6. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimize the duration and adverse consequences of the Force Majeure Event.

13.7. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  

13.8. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in the Consultation Form. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

13.9. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines, including the Health Privacy Principles. 

13.10. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

13.11. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We will receive a benefit (which may include a referral fee or a commission) each time you make a Booking on our Site, or should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

14. Definitions 

14.1. Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.

14.2. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

14.3. Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable. 

14.4. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:
Ganjika Pty Ltd (ACN 635 373 045)  
Email: info@womenstelehealth.com.au

Last update: 18 May 2023
© LegalVision ILP Pty Ltd