Customer - Terms of Service

Please read and accept these Terms of Service (Terms).

You must accept these terms each time you receive services through the HubMed website. HubMed MAY VARY THESE TERMS AT ANY TIME and may suspend or terminate your access to the website and / or services provided by HubMed at any time, without notice to you.

1. SCOPE OF TERMS

These Terms set out the basis on which HubMed PTY LTD ABN 98681757415 (HubMed) makes available to you, through the Website:
1. the facilitation of telehealth consultations with HubMed Partner Providers; and
2. where clinically appropriate and after a digital or telehealth consultation with an HubMed Partner Provider:
  1. the ability to request a prescription;
  2. the ability to request a referral for a pathology test;
  3. the ability to request a specialist referral; and
  4. the ability to request a medical certificate,
  5. the ability to request a treatment plan

(the Services).

These Terms apply each time you access the Services. If you wish to access the Services, you must agree to be bound by these Terms by clicking the "I accept" button.
You must accept these Terms each time you receive Services through the Website, including when you:
1. request a telehealth consultation with an HubMed Partner Provider (Telehealth Consultation); or
2. complete a digital consultation to request a prescription, pathology test, specialist referral or medical certificate (Digital Consultation).
Each time you receive Services will be a separate contract between you and HubMed. 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 HubMed suspending or terminating your access to the Website and / or the Services.
From time to time, HubMed 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 Consultation or undertake a Digital Consultation are those that govern your access to the Services the subject of the Telehealth Consultation or Digital Consultation.

2. EMERGENCIES

The Services through the Website are not suitable for emergency circumstances. If you are in an emergency situation or need urgent and immediate assistance please contact 000 or your local hospital emergency department.

3. YOUR PERSONAL ACCOUNT AND USE OF THE WEBSITE

The Services provided through the Website are only available to individuals who:
1. reside in Australia (ie. have a current Australian address);
2. access the Services within Australia; and
3. who access Services with HubMed through the Website;
You must provide true, accurate and complete information when registering for and using hubMed services; and must ensure that such information is current and up to date at all times. If any information you provide is inaccurate or incomplete, HubMed 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, create a Personal Account or Family Account, request a Telehealth Consultation, undertake a Digital Consultation or otherwise access the Services.
You acknowledge that HubMed can terminate, suspend or block your access to the Website if HubMed believes you have breached these Terms, the Website Terms of Use or any other requirements necessary to access the Website. Without limiting the foregoing, HubMed reserves the right, in its sole discretion, to do any of the following without notice to you:
1. suspend or block your access to the Website;
2. limit or prohibit you from using your Personal Account or Family Account; or
3. refuse to provide or supply you with any good or service offered by, or on behalf of, HubMed.

4. SERVICES

When obtaining Services through the Website, you must provide honest, accurate and complete 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 full benefit of those Services.
Subject to your compliance with these Terms, you may request a Telehealth Consultation or undertake a Telehealth Consultation or Digital Consultation using the Website at any time.
Notwithstanding clause 4.2, HubMed Partner Providers 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 HubMed Partner Provider outside of these times.
From time to time, you may be required to consult with an HubMed Partner Provider instead of or after you complete a Digital Consultation. You may also request to consult with an HubMed Partner Provider when you undertake a Digital Consultation. Where this occurs, you will be required to request a Telehealth Consultation with an HubMed Partner Provider.
HubMed Partner Providers are solely 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 privacy law. HubMed is not a party to the health professional-patient relationship between you and an HubMed Partner Provider and is in no way involved in, or liable for, any services provided by an HubMed Partner Provider to you.
HubMed does not guarantee that a Telehealth Consultation or Digital Consultation is the appropriate course of treatment for your particular healthcare condition. The HubMed Partner Provider that you consult with will be solely responsible for determining:
1. whether or not a Telehealth Consultation or Digital Consultation is appropriate for you;
2. whether or not to provide the medical and/or health services you request; and
3. what health services (if any) are required.
You should contact your regular provider 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, if you suffer from any noticeable side-effects from any medication or treatment you receive, you will either consult your regular provider or contact us to facilitate a further consultation with an HubMed Partner Provider.
You agree you will not record phone consultations unless you receive explicit written consent from the HubMed Partner Provider prior to commencing any such recording.
HubMed does not guarantee that you will be able to consult with a particular HubMed Partner Provider, or that you will not receive a consultation with a particular HubMed Partner Provider.
You acknowledge that an HubMed Partner Provider may, in their absolute discretion, refuse to prescribe medication to you, issue you a repeat prescription and / or provide any other services or referrals requested by you. Any such refusal by an HubMed Partner Provider is not grounds for a refund.
Without limiting clause 4.10, you acknowledge that HubMed Partner Providers are unable to:
1. prescribe controlled, addictive or Schedule 8 medications which include but are not limited to Diazepam, Endone, Oxycontin, Palexia, Lyrica, Stilnox, Zolpidem, Codeine painkillers (including Panadeine Forte), Benzodiazepines (including Valium / Diazepam, Temazepam, Oxazepam, Alprazolam), Duromine, Tramadol, Gabapentin, Pregabalin, Seroquel, Steroids, Vyvanse, Modafinil, Dexamphetamine, Ritalin, Concerta or Sofradex ear drops. Prescriptions are solely at the discretion of the consulting provider.
2. provide backdated medical certificates;

5. COLLECTION AND DELIVERY OF MEDICATION

HubMed is not a pharmacy and does not dispense any medication.
HubMed and/or a Pharmacy may contact the HubMed Partner Provider who issued your prescription in relation to that prescription.
If you are prescribed a medication by an HubMed Partner Provider following a Digital Consultation or a Telehealth Consultation, depending on your circumstances, you may:
1. have an electronic prescription sent directly to you by email and / or SMS; or
2. have an electronic copy of your paper prescription sent to a Pharmacy.
If you have an electronic prescription sent directly to you by email and / or SMS, you may attend a pharmacy of your choice to collect the medication that has been prescribed to you. HubMed will not be involved, in any way, with the collection by you of such medication.
If you have an electronic copy of your paper prescription sent to a Pharmacy, depending on availability and your circumstances, you may attend that Pharmacy to collect the prescribed medication. HubMed will not be involved, in any way, with the collection by you of such medication.
You acknowledge that a pharmacy may, in its absolute discretion, reject your prescription and refuse to dispense medication to you for any reason. You acknowledge that HubMed is not, in any way, involved in or responsible for the decision to dispense medication to you.

6. USAGE OF MEDICATION

If an HubMed Partner Provider 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 HubMed Partner Provider or a Pharmacy) and the manufacturer’s consumer medical information leaflet).
You must follow any advice provided to you by an HubMed Partner Provider you consult with and/or Pharmacy in relation to taking any medication prescribed to you.
If you experience any serious side effects from any medication, you should seek emergency medical care immediately.

7. 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 Consultation or undertake a Digital Consultation (as is applicable). You should consider all applicable costs before finalising your request for a Telehealth Consultation or Digital Consultation.
Payment may be made online by credit card, debit card or through a PayPal account. You are required to provide payment details at the time you request a Telehealth Consultation or undertake a Digital Consultation (as is applicable).
By finalising a request for a Telehealth Consultation or Digital Consultation, you authorise HubMed 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 HubMed to confirm your payment details. If no authorised payment details have been provided, you may not be able to finalise your Telehealth Consultation or Digital Consultation.
HubMed will only arrange for funds to be debited against your nominated account as authorised in these Terms.
Following completion of your Telehealth Consultation with an HubMed Partner Provider or the completion of your Digital Consultation, the relevant HubMed Partner Provider will instruct HubMed to charge you for the Services received. You hereby authorise HubMed to charge the cost of any Service against your nominated account.
If you cancel your Telehealth Consultation at least 2 hours before it commences, you will not be charged for the Telehealth Consultation.
If you do not show up for your appointment; you will be charged the full fee.
For each successful payment, HubMed will send you a receipt confirming payment to the email address you have provided.
HubMed may, in its sole discretion, vary the 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 more for the applicable Services at the time you receive such Services.
Services provided by an HubMed Partner Provider through the Website may be covered under Medicare Australia. If you are eligible, the hubMed partner provider will process this rebate on your behalf. From time to time, some services may be bulk-billed. The full cost of your appointment will be accessible to you prior to any telehealth consultation.
If you are eligible to claim 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 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. HubMed disclaims any and all liability for claims or payments which cannot be processed due to incorrect information provided by you.

8. REFUNDS

Refunds for Telehealth Consultations or Digital Consultation are provided at sole discretion of HubMed and HubMed Partner Providers.
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 there is a product or pricing error identified (and only to the extent that the error has caused you to be charged more than you ought to have been charged).
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.

9. AVAILABILITY

HubMed permits you to choose to the HubMed Partner Provider who provides you a Digital Consultation or Telehealth Consultation.
It is possible that the Services and / or HubMed Partner Providers available through the Website at any given time may not be suitable for your needs. In that circumstance, HubMed will seek to facilitate that the assessing HubMed Partner Provider help you select a suitable practitioner and / or refer you to an appropriate third party.
If HubMed 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, HubMed 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.

10. PRIVACY

Your personal (including sensitive and health) information will be collected by HubMed, including if you choose to create a Personal Account, request a Service, undertake a Telehealth Consultation or a Digital Consultation or otherwise access the Services, or contact HubMed on or via the Website. HubMed' Privacy Policy, which can be accessed at www.hubMed.com.au/privacy/, explains how HubMed generally handles your personal (including sensitive and health) information. The Privacy Policy also includes information about how you can:
1. seek to access and/or correct your personal information HubMed holds about you; and
2. submit a privacy query or complaint to HubMed and how HubMed will deal with your complaint.
By using the Website, you agree that HubMed can use your personal (including sensitive and health) information in accordance with its Privacy Policy.

11. 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 greatest extent permitted by law, HubMed will not be liable to you for any direct or indirect lost profit, loss of opportunity, incidental, consequential or special damages, howsoever the loss is caused and regardless of whether it was foreseeable or not.
To the greatest extent permitted by law, HubMed makes no representations or warranties, express or implied, with respect to:
1. 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;
2. any treatment, information, advice or action relied on or followed by you; or
3. 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 law, HubMed' liability will be limited to providing the Services again (or the cost of having the Services provided).
You release HubMed 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.
HubMed will not be liable for any loss or damage resulting from the transmission of data as may occur during your use of the Website.
HubMed will not be liable for any loss, damage, expense or claim arising from damage, loss, injury or death caused directly or indirectly by an HubMed Partner Provider, Pharmacy and/or Delivery Partner and you release HubMed from any liability for any claim arising from any of those circumstances.
Neither HubMed nor any HubMed Partner Provider, or any hubMed Partners 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.
HubMed 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 HubMed Partner Provider through the Website.

12. OFFERS

Certain offers made by HubMed are subject to additional terms (as specified in the offer). You should read these terms carefully as time periods and the availability will often be limited.
Where HubMed offers a promotion, that promotion is provided by HubMed PTY LTD ABN 98681757415 and is subject to the terms and conditions contained in this clause 12.
If you want the benefit of the promotion, you will need to use the code specified in the promotion. Use of this code constitutes your acceptance of these terms and conditions.
Your ability to use the benefit of the promotion expires on the date specified in the promotion and if no date is specified, on the second anniversary of the date on which the promotion was first published.
The promotion can only be redeemed through the Website.
The promotion must not be copied or redistributed in any way.

13. GST

In this clause 13:
1. 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
2. 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.
Clause 13.3 does not apply to the extent that:
1. the consideration for the supply is stated to include GST; or
2. 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:
1. received for a taxable supply; or
2. 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 believe you have been incorrectly charged for a Service, or you have any other concern or complaint relating to the Services, please contact HubMed at hello@hubmed.com.au
HubMed will seek to respond to your concern or complaint as soon as it is able, and will endeavour 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 New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, 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 HubMed.
Any provision of these Terms (or any part thereof) which is invalid in any jurisdiction must, in relation to that jurisdiction:
1. be read down to the minimum extent necessary to achieve its validity, if applicable; and
2. 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).

Partner means any third party working with hubMed

Digital Consultation has the meaning given to that term in clause 1.3(b).

HubMed means HubMed PTY LTD ABN 98681757415.

HubMed Partner Providers means Australian-registered providers or Nurse Practitioners that provide services through the Website.

Website means the website accessible at www.hubMed.com.au

Services has the meaning given to that term in clause 1.1.

Telehealth Consultation has the meaning given to that term in clause 1.3(a).

Terms means these Terms of Service.

You or you means the individual accessing the Services through the Website.

Last update: October 2024

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