Last Updated At 2023-12-24
We, Next Clinic Pty Ltd (ACN 673 211 704), are the owners and operators of the "Next Clinic" platform, accessible through www.nextclinic.com.au.
In these Terms of Use, "we," "us," and "our" refer to Next Clinic.
Your use of the Platform is governed by these Terms of Use. By using the Platform, you agree to adhere to these Terms of Use, which, in conjunction with the Privacy Policy, regulate your access to and utilization of the Platform.
1. Disclosure
We offer a service that enables you to receive personalized and comprehensive health diagnostics and insights through online assessments and consultations with Next Clinic Partner Doctors (Services). In case of immediate medical needs, please contact your primary care physician or call 000.
If you have doubts about the severity of your condition, the appropriateness or effectiveness of our Services, or if you believe you or someone else is in an urgent, dangerous, or emergency, refrain from using our Services. Instead, contact 000 immediately or seek alternative and suitable medical services.
As part of our offerings, our role is limited to directing you to an appropriate third-party Australian registered Doctor or specialist. The Next Clinic Partner Doctor or specialist may, based on their own judgments, medical expertise, and assessment of your suitability for treatments, recommend alternative medicines or treatments. We are not liable for, and do not guarantee, the medical advice, products, or services provided by a third party, including a Next Clinic Partner Doctor.
Upon your payment of the Fees, we commit to delivering the Services in accordance with these Terms. If these Terms specify a timeframe for the provision of Services, we will make reasonable efforts to fulfill this timeframe. However, you acknowledge that any specified time is an estimate and may be subject to change.
Our current Next Clinic functionality is restricted to issuing single day medical certificates exclusively. This comprehensive term of use has been prepared in anticipation of the services we plan to expand in the foreseeable future. At this stage, Clauses 3, 4, 5.2 and 6 are deemed irrelevant.
2. Liability and Indemnity
You hereby acknowledge and agree that:
2.1 Limited Liability: We are not liable for any loss, claim, or proceeding arising from or related to your use of the Next Clinic Platform.
We will not be held liable for situations such as:
Failure to provide us or a Third-Party Medical Provider with accurate and complete current health and medical information.
Negligence or errors made by a Third-Party Medical Provider.
Failure to follow any reasonable instructions provided by us.
Consequential Loss.
Delays or failures in performance due to Force Majeure Events.
2.2 User Responsibility: Next Clinic is not liable for loss or damage resulting from incomplete or false information provided by users or failure to comply with obligations under the Terms.
2.3 Access Security: You are responsible for ensuring that others do not access the Next Clinic platform using your credentials or in your name.
2.4 Consumer Guarantees: Nothing in the terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law.
2.5 No Representations or Warranties: Next Clinic makes no representations or warranties regarding the merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other matters related to the Platform, medical, or health-related issues.
2.6 Platform Availability: Next Clinic does not guarantee that the Platform will be available without interruption, error-free, or free from viruses or other interference.
2.7 Release of Liability: Users release Next Clinic from all liability regarding health and medical services facilitated through the Platform, including information provided. Next Clinic is not liable for loss, damage, expense, or claims arising from the actions of Partner Doctors, Pharmacies, or Delivery Partners.
2.8 Failure to Inform Healthcare Providers: Next Clinic is not liable for any loss or damage arising from the user's failure to inform other healthcare providers about treatment received through the Platform.
2.9 Indemnification: You agree to indemnify us against any loss, claim, or proceeding related to your use of the Next Clinic Service, except to the extent that such liability, loss, claim, or proceeding is directly attributable to our acts or neglect, or the acts or neglect of those for whom we are legally liable.
This clause 2 (2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9) will remain in effect following the termination or expiration of these Terms.
3. Telehealth Consultations
When utilizing services through the Platform, you must provide truthful, accurate, and complete information, ensuring no omission of relevant details for the services you are seeking. Failure to provide honest and accurate information or omitting relevant details may impact your ability to receive the full benefit of these services.
As long as you comply with these Terms, you are permitted to request a Telehealth Consultation or engage in a Telehealth Consultation through the Platform at any time. However, Next Clinic Partner Doctors are available only during specified hours, as advertised on the website.
The responsibility for healthcare services lies solely with Next Clinic Partner Doctors, who are independent of Next Clinic. Next Clinic is not involved in, nor liable for, the services provided by Next Clinic Partner Doctors, including compliance with professional obligations and privacy laws.
Next Clinic does not guarantee the appropriateness of a Telehealth Consultation for your specific healthcare condition. The Next Clinic Partner Doctor will determine if such consultation is suitable and decide on the medical services needed.
In case of changes in your medical condition or worsening symptoms, you must contact your regular doctor immediately. For urgent care, reach out to local emergency services. If you experience noticeable side effects from any medication or treatment, consult your regular doctor or contact Next Clinic for further consultation with a Next Clinic Partner Doctor.
Recording phone consultations is prohibited unless you obtain explicit written consent from the Next Clinic Partner Doctor beforehand.
Next Clinic does not guarantee consultations with a specific Next Clinic Partner Doctor. Next Clinic Partner Doctors may refuse to prescribe medication, issue repeat prescriptions, or provide certain services or referrals at their discretion, without grounds for a refund.
4. Medicine Prescriptions
The responsibility for prescribing any medications lies solely with the consulting Next Clinic Partner Doctor, who will make decisions based on their professional judgment, taking into account your health conditions and medical history. This is done to ensure that prescriptions are both appropriate and safe for your use. If the Next Clinic Partner Doctor deems that a requested medication is unsuitable or unnecessary for your treatment, they reserve the right to refrain from prescribing it. In such instances, a refund for the consultation will not be possible.
4.1 E-Script Delivery: After your telehealth Consultation, the prescription for your medication will be digitally processed as an e-script and sent to you via SMS. Typically, this process is completed within approximately one hour post-Consultation. However, delays of up to 12 hours may occur if Medicare details or the Individual Healthcare Identifier (IHI) provided are missing or incorrect. The IHI is crucial, especially if you do not possess a Medicare card. Details received beyond our operating hours will be addressed the following business day. Providing accurate and complete information is essential to avoid unnecessary delays in receiving prescriptions. You can fulfill your prescription at a pharmacy of your choice.
4.2 Prescription Limitations: Within a single Online Prescription Consultation, only one medication can be prescribed for your condition, and repeat prescriptions are not issued. If further treatment is required after consuming the prescribed medication, scheduling another Consultation is necessary.
4.3 Multiple Medications: If you wish to obtain more than one medication, you can request this through either our standard or long consultations. Repeats and multiple medications may be prescribed at the discretion of the Doctor.
4.4 Special Category Prescription: Next clinic partner doctors cannot offer specific substances listed, including controlled, addictive, or Schedule 8 medications thorough Next Clinic Platform under any circumstances.
5. Medical Certificates
5.1 Single Day Medical Certificates:
5.2 Multi-Day Medical Certificates:
5.3 Privacy and Confidentiality:
5.4 Accuracy of Details:
5.5 Consultation Requirement for Minors:
5.6 Next Clinic Partner Doctors are unable to provide followings but not limited to;
1. Backdated medical certificates;
2. Centrelink medical certificates;
3. Bail hearing medical certificates;
4. Dealing with patients less than 6 months old;
5. Workers’ compensation;
6. Travel insurance claims;
7. Any type of medical certificate citing fit for “x”;
8. Return to work certificate;
6. Referrals
You acknowledge and agree that a Next Clinic Partner Doctor may refer you to a Third-Party Medical Provider when they deem it medically appropriate and in accordance with their legal obligations.
However, complex referrals may not be provided due to the intricate nature of patient history, multi-faceted medical conditions, or a high level of specialization that requires extensive knowledge about a patient's unique medical situation.
Additionally, you acknowledge and agree that:
7. Third Party Providers
You recognize and consent to the fact that access to the Platform may depend on various third-party providers (Third Party Providers), such as IT providers or CRM providers. It is your responsibility to adhere to the terms and conditions established by these Third-Party Providers (Third Party Terms) consistently.
If you do not agree to any Third-Party Terms, it may impact our ability to provide the Services. To the fullest extent permitted by law, we will not be held liable for, and you hereby waive and release us from, any liability caused, contributed to, arising from, or connected with any Third-Party Terms.
This clause (Clause 7) will endure beyond the termination or expiration of these Terms.
8. Price and Payment
All charges and prices displayed are in Australian Dollars and include GST (if applicable).
The specific amount payable for each service will be communicated to you when you request services described in Clause 4, 5 and 6.
Next Clinic will only initiate debit transactions against your nominated account as authorized in these Terms. If the consultation exceeds a certain time limit, your nominated card will be charged automatically once it surpasses the specified duration.
Cancellation of your Telehealth Consultation before commencement will not result in any charges. For each successful payment, Next Clinic will send you a receipt confirming payment to the email address provided by you.
Next Clinic reserves the right to, at its sole discretion, modify the fees and payment terms for services at any time. Changes to fees or payment terms become immediately effective upon publication on the Platform and apply to Services requested following the change. If you have booked or paid for services before a change is published but have not received the services before the change takes effect, you will not incur additional charges for the applicable services.
Services provided by a Next Clinic Partner Doctor through the Platform are not covered under Medicare Australia, and no Medicare rebate is available. Bulk billing is not offered. If eligible for private health insurance benefits, you are responsible for submitting the paid invoice to your insurer to claim any eligible benefits.
Due to the absence of a Medicare item number, we cannot provide a detailed invoice for private health insurance claims (Private Health Insurance Claims). The entire cost of the Consultation must be paid by the patient in advance of the Consultation.
You are solely responsible for maintaining the accuracy of your details, including private health insurance information and bank account or credit card details for receiving payments. Next Clinic disclaims all liability for claims or payments that cannot be processed due to incorrect information provided by you.
8.1 Payment Process: Payment is required through a credit card or debit card when you requested above services.
8.2 Third-Party Payment Providers: We may offer payment through a third-party provider, such as Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
8.3 Payment Methods: You must not pay, or attempt to pay, the Fees through fraudulent or unlawful means. If you use a debit card or credit card for payment, you warrant that you are authorized to use the debit card or credit card for the payment. For payments made through direct debit, by providing your bank account details and accepting these Terms, you authorize our nominated third-party payment processor to debit your account as per these Terms, certifying that you are either an account holder or an authorized signatory on the provided account.
8.4 Security of Payment Information: We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
9. Refund Policy
Refunds after Telehealth Consultations or Digital Consultations are solely at the discretion of Next Clinic and Next Clinic Partner Doctors.
The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms. They will not be refundable for Consultations that do not result in the provision of a script, referral, medical certificate, or other documentation. of Next Clinic Partner Doctors' clinical judgement. The decision to provide prescriptions, treatment, referrals, medical certificates, or any documentation is subject to the clinical judgment of the Next Clinic Partner Doctors.
If the failure to engage in the telehealth consultation is due to your unavailability, you will not be entitled to a refund under any circumstances.
Refunds can only be issued to the payment method or credit card used for the original charge. The refund process may take up to five working days to be processed and reflected in your card statement.
10. Cancellations
Cancellation of a telehealth consultation or repeat prescription requests are possible by emailing us before the Consultation. Identify your Booking and request its cancellation in the email. Confirmation of the cancellation will be provided in writing. Note that the cancellation must occur before starting the consultation with the Next Clinic Partner Doctor.
For same day medical certificate request bookings, cancellation is only possible before the Next Clinic Partner Doctor reviews the request. The cancellation request must be received via email, identifying your same-day medical certificate request. A refund can be issued if the cancellation email is received and confirmed before the Next Clinic Partner Doctor reviews the request. Once the medical certificate is issued, a refund cannot be processed.
Our Right to Cancel: We may cancel your request if you fail to pay the required fee or if there are no available Next Clinic Partner Doctors for the Consultation. In the event of cancellation due to a lack of available Next Clinic Partner Doctors, a full refund will be provided.
We reserve the right to cancel your Consultation in progress under the following circumstances:
Cancellation due to inappropriate behaviour will not entitle you to a refund. However, if cancellation arises from technical difficulties, a full will be issued.
11. Medical Records
The agreement entails retaining relevant medical records (Records) in strict compliance with all applicable laws, including adherence to mandated data retention periods. The Records will be stored electronically by us throughout and after the Term, considering our statutory obligations under the relevant Laws.
You acknowledge and agree that the Records are and will remain our property. In case of termination or expiration of these Terms, you retain the option to request a transfer of the Records to your current health practitioner.
12. Privacy
Your personal information, including sensitive and health data, will be collected by Next Clinic when you create a Personal Account, request a Service, undertake a Telehealth Consultation or a Digital Consultation, or access the Services in any way. The handling of your personal information is outlined in Next Clinic ' Privacy Policy, available at www.nextclinic.com.au/privacy/. The Privacy Policy provides details on how you can:
Each Party acknowledges that monetary damages may not be sufficient redress for a breach of this clause. A Party reserves the right to seek an injunction or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or ongoing breach) of this clause.
13. Australian Consumer Law
Certain legislation, such as the Australian Consumer Law and analogous consumer protection laws and regulations, may confer upon your rights, warranties, guarantees, and remedies related to the provision of our services to you that cannot be excluded, restricted, or modified (Consumer Law Rights). To the extent that you retain Consumer Law Rights as prescribed by law, nothing in these Terms negates those rights.
Subject to your Consumer Law Rights, we supply all materials, work, and services (including the Services) to you without any implied or explicit conditions or warranties of any kind, whether under statute, common law, or any other legal basis, except where expressly outlined in these Terms.
This clause 13 will persist beyond the termination or expiration of these Terms.
14. Your Obligations
You agree to (and, to the extent applicable, ensure that your Personnel agree to):
15. Disputes/Complaints
In the event of any dispute or complaint arising from your use of the Next Clinic Platform, please contact Next Clinic at support@nextclinic.com.au
If your dispute or complaint pertains to matters for which we are responsible:
Prompt Notification: You must notify us of the nature of the dispute as soon as practicable.
Discussion: Our nominated representative will engage in discussions with you to address the dispute.
Third-Party Resolution: If the discussion fails to resolve the issue, the matter will be referred to an independent third party. The third party will be selected by mutual agreement between you and us. In the absence of agreement, the selection will be made by the President of the Queensland Law Society.
Expert Decision: The appointed expert will make a decision on the dispute, and both parties are bound by the expert's decision.
Cost Sharing: The cost of the expert will be shared equally between the parties.
No Court Proceedings: You may not initiate any proceedings against us in any Court or Tribunal unless the established process for resolving disputes with us has been followed.
If your dispute or complaint concerns matters for which a Next Clinic Health Practitioner is responsible:
Referral: We may refer the complaint to the relevant Health Practitioner.
Limited Responsibility: You acknowledge that we bear no additional responsibility for resolving complaints related to matters for which a Health Practitioner is responsible.
This process ensures a structured and fair resolution mechanism for disputes or complaints, promoting effective communication and impartial resolution.
16. General
Governing Law and Jurisdiction:
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and the Commonwealth of Australia for matters related to the Terms, its performance, or subject matter.
17. Definitions
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:
Australian Consumer Law: Refers to the Australian Consumer Law outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Digital Consultation: Refers to providing initial health information by answering of series of specific questionnaire to request a prescription, pathology test, specialist referral or medical certificate)
Next Clinic: Refers to Next Clinic Pty Ltd with the Australian Business Number (ABN) 69673211704
Next Clinic Partner Doctors: Australian-registered doctors providing services through the Platform.
Platform: Encompasses the website at www.nextclinic.com.au
Services: Refers to the services provided, as detailed in clauses 3, 4, 5 and 6.
Terms: Refers to the Terms of Service outlined in the document.
You or you: Denotes the individual accessing the Services through the Platform.
Liability: refers to any legal, financial, or obligation-related aspects, including costs, expenses, legal responsibilities, losses, damages, claims, notices, entitlements, investigations, demands, proceedings, or judgments, whether direct or indirect, present, or future, and involving third parties or the parties to the Terms.
Third Party Provider or Third-Party Providers: refers to third parties or their services such as IT providers which we may refer you.RM providers, or hosting providers,
Third Party Medical Provider or Third-Party Medical Providers: refers to third parties or medical services provided by third parties, including medical practitioners or specialists in areas such as pathology or imaging,
Force Majeure Event: refers to an unforeseen and uncontrollable circumstance or event that prevents a party from fulfilling its contractual obligations. These events are typically beyond the control of the parties involved and could not have been anticipated or mitigated.
If you have any questions regarding this terms and conditions, please contact us at
Email: support@nextclinic.com.au