Consent and T&Cs

Consent

Next Practice collects information that is necessary and relevant to enable appropriate medical care, treatment and advice and for us to operate and manage our clinics.

This information may include:

• demographic information (including your name, address, Medicare number, date of birth, gender, occupation, carer details and customisation preferences);
• authentication details (including passwords and access codes) where you use our website and/or app-based services;
• payment information (including credit or debit card details);
• appointment information (including the type of appointment and reasons for visit); and
• health and other sensitive information (including medical history, family history, observations and metrics, medication reminder and scripts, questionnaires and forms, messages between patients and doctors, and any images or results)

If you do not truthfully provide us with certain personal or sensitive information, it may impact on our ability to provide you with quality medical care, treatment or advice.

Wherever practicable we will only collect information from you personally. However, we may also need to collect information from other sources such as other treating practitioners, allied health providers, hospitals and other health care services. In emergency situations we may also need to collect information from your relatives or friends. We collect information in various ways, such as over the phone or in writing, as well as in person at our Next Practice clinics.

All personal information we collect is securely stored by Next Practice electronically and/or in hard copy records.

In addition to holding your personal information in Australia we may hold your personal information in the cloud or on servers located outside of Australia. We take all reasonable steps to ensure that the personal information which has been transferred outside of Australia will be held in jurisdictions whose privacy laws are equal to or better then Australia’s, and will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.

Your personal and health information will only be used and disclosed for the purposes for which it was collected, with your consent, or as otherwise permitted by law. As necessary to provide you with medical care, treatment or advice, we may disclose your personal or sensitive information to other health providers involved in your care and/or your health insurer, Medicare or DVA. It may also be necessary to disclose your personal or health information to certain health registers (e.g. cervical, bowel, breast screening and the Australian Childhood Immunisation register) where considered necessary to assist with preventative health management.

Our privacy practices are set out in further detail in our privacy policy, which can be access via the following link: https://nextpracticehealth.com/legals/privacy-policy

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Information Consent

• I consent to Next Practice collecting, using, disclosing and storing my personal information (including health and other sensitive information) (“My Information”) for the purposes of providing medical care, treatment and advice to me and for associated administrative purposes (including scheduling of appointments, billing and communicating with health insurers and government departments which pay health refunds) .
• I acknowledge that My Information may be shared with, and accessed by, relevant staff at Next Practice and any other person involved in my health management that may need access to My Information to manage my health (including any third party that requires My Information to ensure continuity of care).
• I consent to the use of My Information by Next Practice for quality improvement and practice management activities.
• I consent to Next Practice’s National, State and Territory recall and reminder systems, which includes (but is not limited to) the use of my information for reminders for appointments and procedures relating to your health.
• I consent to Next Practice contacting me via electronic communication (e.g.email, SMS and internet).
• I consent to Next Practice sending my health documentation to me via my nominated email address (including but not limited to medical certificates, pathology requests etc.). I am aware that email is not a secure form of communication and files will not be encrypted.
• I agree to the Next Practice Privacy Policy (https://nextpracticehealth.com/legals/privacy-policy) and the Next Practice Terms and Conditions (see below).
• I consent to My Information being used by Next Practice for internal teaching, training and/or research purposes.
• I consent to My Information being used or disclosed for Next Practice to seek my consent to participate in research projects.
• I give my consent for disclosure for research and quality assurance activities to improve individual, community health care and practice management. This may occur when Next Practice incorporates patient health records into de-identifiable patient information to transfer to a third party, normally used for quality improvement proj

Terms and Conditions

“We” and “Next Practice” refers to all clinics in the Next Practice network (as part of Next Practice Licensing Pty Ltd ABN 79 617 122 915).

“You” refers to any user of the Services, in the capacity of a service provider (Provider), a customer of Next Practice (Customer) or both.

You agree to use the Next Practice Website, Next Practice App and any other part of the Next Practice system (Next Practice System) under the following terms.

These Terms of Service (Terms) cover your use of our products and services offered via the Next Practice App, the Next Practice Website or any other part of the Next Practice System (Services). Please read them carefully as you agree to be bound by these Terms whenever you access or use our Services. If you do not agree to these Terms, you must stop using our Services.

Use requirements

You must create a user account to use the Services (Account). In relation to your Account, you agree to:

• provide accurate, true and real details on any registration or account profile form;
• keep your account username and PIN confidential and secure; and
• maintain only one Account to access the Services.

Acceptable use policy

You agree that your use of the Services is subject to your compliance with the following requirements:

• you may not use your Account to impersonate any person;
• you may not use the Services or your Account in a fraudulent or illegal manner; and
• you may not intentionally or recklessly use the Services in a way that materially adversely impacts upon the performance of our Services for other users.

Payments

You understand that use of the Services and/or receiving services or products provided by Next Practice at its clinics may result in charges to you for the services or goods you receive from Next Practice (Clinic Services).

After you have received Clinic Services, Next Practice will facilitate your payment of the applicable charges for such Clinic Services. These charges will be inclusive of applicable taxes where required by law.

Next Practice will use best endeavours to inform you of any charges that may apply, however charges will ultimately depend on the Clinic Services provided to you. You will be responsible for charges incurred under your account regardless of your awareness of such charges or the amounts thereof.

Any charges paid by you are final and non-refundable, unless otherwise determined by Next Practice or required by the Australian Consumer Law.

All charges for Clinic Services are due immediately and payment will be facilitated by Next Practice using the preferred payment method designated in your account, after which Next Practice will send you a receipt electronically.

As between you and Next Practice, we reserve the right to establish, remove and/or revise charges for any Clinic Services at any time in our sole discretion.

The current list of charges for Clinic Services can be accessed on the Next Practice Website by searching for the relevant Next Practice clinic.

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Privacy

Our Privacy Policy applies to your use of the Services which can be accessed by the following link: https://nextpracticehealth.com/legals/privacy-policy

You warrant that you will comply with all applicable data privacy laws (including the Privacy Act 1988 (Cth)) in relation to your submission of any personal information to the Services.

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Limitations of liability and disclaimer

Other than as expressly set out in these Terms, we make no express or implied warranties in relation to the Services provided.

The information contained in the Next Practice System is general health information only and you must not rely on any content without first making independent enquiries to verify facts and the suitability of the content to your circumstances. Whilst we have made every attempt to ensure that the information contained is true and correct and has been obtained from reliable sources, Next Practice is not responsible for any errors or omissions in this information (or for the results obtained from the use of this information).

All information contained in the Next Practice System is provided on an “as is” basis, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information. All Information is provided without warranty of any kind, express or implied, including, but not limited to, warranties of performance, health and fitness or for a particular purpose.

The Services are provided "as is" and we do not warrant that they will be provided uninterrupted or error free.

You agree that we will not be liable in respect of any claim by you (whether arising in contract, tort, under statute or otherwise) for any direct, indirect, special, incidental, consequential damages or injury including loss of profits, revenue or data arising out of or in connection with the provision of Services, and whether as a result of any breach or negligence by us.

Our maximum liability under these Terms for all breaches and any negligence will not exceed the amount of fees actually paid by you to us during the last 12 months.

Anything in these Terms which limits or excludes any term, condition or warranty, express or implied, or our liability will apply to the extent permitted by applicable law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of these Terms where such exclusion, qualification or limitation would be prohibited by legislation.

Certain links in the Next Practice System connect to other websites maintained by third parties over whom we have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites.

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Next Practice Self-Management features

The Next Practice System includes features that allow you to manage your own healthcare (Self-Management Features).

You acknowledge and agree that:

• the use of these Self-Management Features is at your own risk;
• the Self-Management Features are only able to track information collected by Next Practice and if you are attending other healthcare providers any information relating to that healthcare provider will not be included in the Self-Management Features;
• the Self-Management Features are not intended to provide medical advice of any kind and Next Practice makes no representations or warranties whatsoever in respect of the Self-Management Features;
• any actions you take based on the content, notifications, reminders or otherwise of the Self-Management Features are taken at your sole risk;
• you should always check any information provided through the Next Practice App to ensure its accuracy; and
• you must always seek the advice of a professional for questions that relate to your disease, symptoms and treatment.

If you have or suspect you have a medical problem or condition, please contact a qualified healthcare provider immediately.

Indemnity

You indemnify us, our agents, officers, employees, and third-party service providers (Indemnified Parties) against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which any of the Indemnified Parties suffer or incur as a direct or indirect result of:

• any breach by you of any representation, warranty or term of these Terms;
• any infringement by you of the intellectual property rights of a third party arising from any data, information or content you provide to us in connection with the Services;
• any violation of law; and
• any legal proceedings threatened or initiated against us by a third party as a result of the events described in paragraphs (a), (b) and (c).

Termination

We may suspend or terminate your Account if you breach any of these Terms.

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General

We may amend these Terms at any time. Such amendments will be effective as of the date they are posted on our Next Practice App, Next Practice Website or any other part of the Next practice System. By continuing to use or access the Services after the effective date of those amendments, you agree to be bound by them.

We may send you notices electronically from time to time regarding the use of the Services.

These Terms and any other terms and policies posted on the Next Practice App, Next Practice Website or any other part of the Next Practice System supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of these Terms, and sets out the entire agreement between the parties relating to such subject matter.

A provision of or a right created under these Terms may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under these Terms will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in these Terms are cumulative with and not exclusive of any rights, powers or remedies provided independently of this agreement. If any provision of these Terms is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms to the intent that the invalid or unenforceable provision will be treated as severed from these Terms.

We may assign our rights and novate or transfer obligations which arise under these Terms. You may not assign your rights or novate or transfer obligations which arise under these Terms without our prior written consent.

These Terms are governed by the laws of the State of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts located in the State of New South Wales

If you have any questions or would like to speak to us about any of these Terms, please use the “Contact Us” page on our website.

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