Please read and accept these Terms of Service (Terms).
You must accept these terms each time you receive services through the Auscripts web site. Auscripts may alter these terms at any time and may suspend or terminate your access to the web site and / or the services provided by Auscripts at any time, without notice to you.
- SCOPE OF TERMS
These Terms set out the basis on which Auscripts Pty Ltd ABN 83667895472, makes available to you, through the:
the facilitation of telehealth Consults with Auscripts and their Nurse Practitioners; and
where clinically appropriate and after a digital or telehealth Consult with an Auscripts Nurse Practitioner (the Services);
the ability to request a prescription;
the ability to request a medical certificate,
the ability to request a referral for a pathology test;
the ability to request a specialist referral; and
the ability to request and ultrasound or X-ray.(see FAQ).
These Terms apply each time you access our Services. By accessing the Services, you must agree to be bound by these Terms by using the “I accept” button.
You must accept these Terms each time you receive Services through the Web Site, including when you:
request a telehealth Consult with an Auscripts Nurse practitioner; or
complete a E-Consult to request a prescription, pathology test, specialist referral or medical certificate.
Each time you receive Services there will be a separate contract between you and Auscripts. If you do not accept these Terms, you will not be able to access the Services. A failure to comply with these Terms may result in Auscripts suspending or terminating your access to the Website and / or the Services.
From time to time, Auscripts may review and update these Terms, including to take account of new laws, regulations, products, services or technology. Any variation to these Terms will take effect from the date of publication on the Website. The Terms which apply at the time you request a Telehealth Consult or undertake a E-Consult are those that govern your access to the Services the subject of the Telehealth Consult or E-Consult.
2. EMERGENCIES
The Services through the Website are in no way suitable for emergency situations. If you are in an emergency or need urgent and immediate assistance, please contact 000 or visit your local hospital emergency department.
3. COLLABERATIVE AGREEMENT.
Nurse practitioners currently work with collaborative agreement as set out by National Health (Collaborative Arrangements for Nurse Practitioners) Instrument 2022. Available at National Health (Collaborative Arrangements for Nurse Practitioners) Instrument 2022 (legislation.gov.au). At Auscripts we have written acknowledgement from one or more medical practitioners that the Nurse practitioner will be collaborating in the care of a patient or patients, however we may also, refer you back to your regular GP or refer you to another specialist physician. Collaborative agreements may change from time to time and may become in the near future no longer required. This in no way affects your care or our service and care to you.
4. YOUR PERSONAL ACCOUNT AND USE OF THE WEBSITE
The Services provided through the Website are only available to individuals who:
i)reside in Australia and have a current Australian address;
ii)access the Services from within Australia; and
who:
iii) create a personal account with Auscripts through the website, or;
iv) create an account to use on behalf of another person, provided they are the other persons parent, guardian or carer and have obtained their consent to create the account,
By creating a Personal Account or and Account for another, requesting a Telehealth Consult, undertaking a E-Consultation otherwise accessing the Services through the Website, you confirm you are located within Australia.
By accessing the Website, you must provide true, accurate and complete information when registering for and using your Account or another Account and must ensure that such information is current and up to date at all times. If any information you provide is inaccurate or incomplete, Auscripts may not be able to provide the Services to you.
You are responsible for complying with the Website Terms of Use and any other requirements necessary to access the Website,
You acknowledge that Auscripts can terminate, suspend or block your access to the Website if Auscripts believes you have breached these Terms, or any other requirements necessary to access the Website. Auscripts reserves any and all rights, in its sole discretion, to do any of the following to you or your account without notice:
i)suspend or block your access to the Website;
ii) limit or prohibit you from using an account; or
iii) refuse to provide or supply you with any good or service offered by, or on behalf of, Auscripts.
5. SERVICES
When obtaining Services through the Website, you must be honest, accurate and complete the required information and not omit any information that is relevant to the Services you are obtaining. If you do not provide honest and accurate information or omit any information that is relevant to the Services you are obtaining, you may not be able to receive the Services.
Subject to your compliance with these Terms, you may request a Telehealth Consult or undertake a Telehealth Consult or Consult using the Website at any time you choose.
Auscripts Nurse practitioners are only available during the hours advertised on the website (as updated from time to time). You may not be able to consult with an Auscripts Nurse Practitioner outside of these times.
From time to time, you may be required to consult with an Auscripts Nurse Practitioner instead of or after you complete a E-Consult. You may also request to consult with an Auscripts Nurse Practitioner when you undertake a E-Consult. If this occurs, you will be required to request a Telehealth Consult with an Auscripts Nurse Practitioner.
Auscripts Nurse Practitioners are solely independent to Auscripts and are responsible for the healthcare services they provide to you, including compliance with standards of care, record keeping and other professional obligations, as well as compliance with Australian privacy laws. Auscripts is not responsible for the health professional-patient relationship between you and an Auscripts Nurse Practitioner. Auscripts is in no way influencing, or liable for, any services provided by an Auscripts Nurse Practitioner to you.
Auscripts cannot guarantee that a Telehealth Consult or E-Consultis can provide the appropriate course of treatment for your particular healthcare condition. The Auscripts Nurse Practitioner that you have a consult with will be solely responsible for determining:
i) whether or not a Telehealth Consult or E-Consultis appropriate for you;
ii) whether or not to provide the medical and/or health services you request; and
iii) what health services (if any) are required.
You should contact your regular doctor immediately if your medical condition changes or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You agree that, should you suffer from a or any noticeable side-effects from any medication or treatment you receive, you will either, consult your regular doctor or contact us to facilitate a further Consult with an Auscripts Nurse Practitioner.
You agree you will not at any time record phone Consults unless you receive explicit written consent from the Auscripts Nurse Practitioner prior to commencing any such recording of the consult.
Auscripts does not guarantee that you will be able to consult with a particular Auscripts Nurse Practitioner, or that you will not receive a Consult with a particular Auscripts Nurse Practitioner or the same Nurse practitioner each time.
You acknowledge that an Auscripts Nurse Practitioner may, in their absolute discretion, refuse to prescribe medication to you, issue a repeat prescription and / or provide any other services or referrals requested by you. Any such refusal by an Auscripts Nurse Practitioner is not grounds for a refund.
You acknowledge that Auscripts Nurse Practitioners will not and are unable to:
prescribe controlled, addictive or Schedule 8 medications such as Fentanyl, Tapentadol, Morphine, Diazepam, Endone, Lyrica, Stilnox, Zolpidem, Codeine painkillers (including Panadeine Forte), Benzodiazepine (including Valium / Diazepam, Temazepam, Oxazepam, Alprazolam), Duromine, Tramadol, Gabapentin, Pregabalin, Seroquel, Steroids, Vyvanse, Modafinil, Dexamphetamine, Ritalin, Concerta, Sofrdsex eardrops, Roaccutane, Semaglutide (ozepmic) or other GLP-1 agonists;
provide backdated medical certificates
6. COLLECTION AND DELIVERY OF MEDICATION
Auscripts is not a pharmacy and does not dispense actual medication .
Auscripts and/or a Pharmacy may contact the Auscripts Nurse Practitioner who issued your prescription in relation to that prescription to check it authenticity or correctness
If you are prescribed a medication by an Auscripts Nurse Practitioner following a E-Consultor a Telehealth Consult, depending on your circumstances, you may:
i) have an electronic prescription sent directly to you by email and / or SMS; ( Auscripts, preferred method).
If you have an electronic prescription sent directly to you by email and / or SMS, you can attend a pharmacy of your choice to collect the medication that has been prescribed to you. Auscripts will not be involved, in any way, with the collection by you of such medication, nor shall we suggest which pharmacy you should use.
You acknowledge that a pharmacy may, in its absolute discretion, reject your prescription and refuse to dispense medication to you for any reason, this is within their right. You acknowledge that Auscripts is not, in any way, involved in or responsible for the decision to dispense medication to you.
7. USAGE OF MEDICATION
If an Auscripts Nurse Practitioner prescribes any medication, you must carefully read all information provided to you in relation to that medication (including information provided on the product packaging, patient information supplied with the medication, online material provided through the Website (including by an Auscripts Nurse Practitioner or a Pharmacy) and the manufacturer’s consumer medical information leaflet).
You must follow any advice provided to you by an Auscripts Nurse Practitioner you consult with and/or the Pharmacy you use in relation to taking any medication prescribed to you.
If you experience any serious side effects from any medication which is always a possibility with any medication , you should seek emergency medical care immediately.
8. PRICE AND PAYMENT
All charges and prices as shown listed are in Australian Dollars and are inclusive of GST (if applicable).
The amount payable by you for each Service will be notified to you at the time you request a Telehealth Consult or undertake a E-Consult (as is applicable). You should consider all applicable costs before finalising your request for a Telehealth Consult or E-Consult.
These cost are available on the Auscripts website.
Payment is made online by credit card, debit card or through a PayPal account. You are required to provide payment details prior to time you request a Telehealth Consult or undertake a E-Consult (as is applicable).
By finalising a request for a Telehealth Consult or E-Consult, you authorise Auscripts to run an authorisation check to confirm the validity of your payment details and availability of funds to pay for the Services you have requested. This check does not result in any charge to you. If your payment details do not pass the authorisation check, you may be contacted by Auscripts to confirm your payment details. If no authorised payment details have been provided, you may not be able to finalise your Telehealth Consult or E-Consult.
Auscripts will only arrange for funds to be debited against your nominated account as authorised in these Terms.
Following completion of your Telehealth Consult with an Auscripts Nurse Practitioner or the completion of your E-Consult, the relevant Auscripts Nurse Practitioner will instruct Auscripts to charge you for the Services received. You hereby authorise Auscripts to charge the cost of any Service against your nominated account.
If you cancel your Telehealth Consult at any time before it commences, you will not be charged for the Telehealth Consult.
For each successful payment, Auscripts will send you a receipt confirming payment to the email address you have provided.
Auscripts may, in its sole discretion, vary any fees and payment terms applying to the Services at any time. Any change to the fees or payment terms applying to the Services will be immediately effective upon the publication of that change on the Website and will apply to the Services requested by you following that change. If you have booked or paid for Services prior to a change in fees or payment terms being published on the Website, but have not received the Services prior to that change taking effect, you will not be charged higher for the applicable Services at the time you receive such Services.
Services provided by an Auscripts Nurse Practitioner through the Website are not covered under Medicare Australia, no Medicare rebate is available and bulk billing is not offered.
If you are eligible to claim scripts through private health insurance benefits for any Services you receive, you are responsible for submitting the paid invoice to your insurer to claim any eligible benefits you may have.
You are solely responsible for maintaining the accuracy of your details, including your private health insurance details and any bank account or credit card details to which you would like to receive payments. Auscripts disclaims any and all liability for claims or payments which cannot be processed due to you supplying incorrect information.
8. REFUNDS
Refunds for Telehealth Consults or E-Consult are provided at sole discretion of Auscripts and Auscripts Nurse Practitioners.
Subject to rights that cannot be waived under Australian Consumer Law, the cost of any medication that you choose to have dispensed to you through the Website can only be refunded when:
the Pharmacy is unable to dispense your medication; or
a product or pricing error is identified (and only to the extent that the error has caused you to be charged more than you ought to have been charged). This is to be addressed with the pharmacy
Refunds are not permitted by any Pharmacy for medication once they have been dispensed.
Refunds can only be made back to the payment method or credit card used for the original charge. Refunds may take up to five working days to be processed and appear in your card statement.
10. AVAILABILITY
Auscripts will not permit you to choose which Auscripts Nurse Practitioner provides you a E-Consultor Telehealth Consult.
It is possible that the Services and / or Auscripts Nurse Practitioners available via the Website at any given time may not be suited to your needs. In that circumstance, Auscripts will seek to facilitate that the assessing Auscripts Nurse Practitioner help you select a suitable practitioner and / or refer you to an appropriate third party.
If Auscripts is delayed or hindered in or prevented from performing any of its obligations under these Terms by reason of any event or circumstance beyond its reasonable control, Auscripts will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
11. PRIVACY
Your personal (including sensitive and health) information will be collected by Auscripts, including if you choose to create a Personal Account, request a Service, undertake a Telehealth Consult or a E-Consultor otherwise access the Services, or contact Auscripts on or via the Website. Auscripts’ Privacy Policy, which can be accessed at www.Auscripts.com.au/privacy/, explains how Auscripts generally handles your personal (including sensitive and health) information. The Privacy Policy also includes information about how you can:
seek to access and/or correct your personal information Auscripts holds about you; and
submit a privacy query or complaint to Auscripts and how Auscripts will deal with your complaint.
By using the Website, you agree that Auscripts can use your personal (including sensitive and health) information in accordance with its Privacy Policy. (See privacy policy)
12. LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, or any other applicable law, that cannot be excluded, restricted or modified by agreement.
To the maximum extent permitted by Australian law, Auscripts makes no representations or warranties, express or implied, with respect to:
the merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights of the Website or any medical or health related matter;
any treatment, information, advice or action relied on or followed by you; or
the Website being available without interruption, error-free or free from viruses or other things that may interfere with the normal operations of your system.
To the maximum extent permitted by Australian law, Auscripts’ liability will be limited to providing the Services again (or the cost of having the Services provided).
You release Auscripts from all liability with respect to any matter concerning the health and medical services facilitated through the Website, including information provided to you about those health and medical services.
Auscripts will not be liable for any loss or damage resulting from the transmission of data as may occur during your use of the Website.
Auscripts will not be liable for any loss, damage, expense or claim arising from damage, loss, injury or death caused directly or indirectly by an Auscripts Nurse Practitioners, Pharmacies, and you release Auscripts from any liability for any claim arising from any of those circumstances.
Neither Auscripts nor any Auscripts Nurse Practitioners, Pharmacies are responsible for loss or damage arising due to you failing to provide true or fully complete information or failing to comply with any of your obligations under these Terms.
Auscripts will not be liable for any loss or damage which arises from your failure to inform any other healthcare provider about treatment you receive from an Auscripts Nurse Practitioner through the Website or E-consult.
13. GST:
The terms or expressions which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning as in the GST Act; and
any reference to a party includes the representative member of a GST group of which that party is a member.
Unless otherwise expressly stated, all consideration to be paid or provided under these Terms is expressed inclusive of GST.
If GST is payable on any supply made under these Terms, the recipient must pay to the supplier an additional amount (GST Amount) equal to the GST payable on that supply at the same time as the consideration for the supply is to be paid or provided.
The above does not apply to the extent that:
the consideration for the supply is stated to include GST; or
GST on the supply is reverse charged and payable by the recipient.
The recipient need not pay the GST Amount until it has received a tax invoice or adjustment note, as the case may be.
If an adjustment event arises in relation to a supply made under these Terms, the GST Amount must be adjusted to reflect that adjustment event. A corresponding payment must be made by the supplier to the recipient or by the recipient to the supplier, as the case may be.
If these Terms require an amount to be calculated by reference to another amount (Reference Amount) that will be:
received for a taxable supply; or
paid for a creditable acquisition,
then the Reference Amount must be reduced so as to exclude any part of the Reference Amount paid or received on account of GST, as the case may be.
If these Terms require a party to reimburse or indemnify another party for a cost or expense, the amount of the cost or expense must be reduced by an amount equal to any input tax credit to which the party being reimbursed or indemnified is entitled for that cost or expense.
14. COMPLAINTS
If you feel you have been incorrectly charged by Auscripts, or you have any other concern or complaint relating to Auscripts services, please contact Auscripts at auscritps@hotmail.com.
Auscripts will seek to respond to your concern or complaint as soon as it is able, and will endeavor to resolve such concern or complaint with you.
15. GENERAL
These Terms are governed by and must be construed in accordance with the laws of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia, and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Use, its performance or subject matter.
These Terms, and any provision of these Terms, are not to be construed to the disadvantage of a party because that party was responsible for their preparation.
Headings in these Terms are intended for convenience of reference only. Forms of words will be construed to include singular or plural, and any gender, masculine, feminine, or neutral, as the context requires, and “including” means “including but not limited to”. Reference to a person includes an individual, corporation, trust or statutory body.
Nothing in these Terms will be construed as creating a relationship of partnership, of principal and agent or of trustee and beneficiary between you and Auscripts.
Any provision of these Terms (or any part thereof) which is invalid in any jurisdiction must, in relation to that jurisdiction:
be read down to the minimum extent necessary to achieve its validity, if applicable; and
be severed from these Terms in any other case,
without invalidating or affecting the remaining provisions of these Terms or the validity of that provision in any other jurisdiction.
16. DEFINITIONS
Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
E-Consult has the meaning given to that term in clause 1.
Auscripts means Auscripts Pty Ltd ABN 83667895472
Auscripts Nurse Practitioners means Australian-registered Nurse Practitioner that provides services through the Website.
Pharmacy means a pharmacy that would provide the medication as prescribe on the script by Auscripts. Website means the website accessible at www.Auscripts.com.au and the Auscripts app.
Services has the meaning given to that term in clause 1.
Telehealth Consult has the meaning given to that term in clause 1
Terms means these Terms of Service.
You or you means the individual person accessing the Services through the Website.
Last update: Sept 24