Terms & Conditions
Terms and Conditions of Service for Toucann Pty Ltd, trading as ‘Clarita’.
These Terms and Conditions of Service (“Terms”) govern your access to and use of the telehealth services provided by Toucann Pty Ltd (“we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
No Emergency Service: Our services are not for urgent or emergency situations. If you require immediate medical help, please dial 000 or go to the closest hospital emergency room.
Welfare Concerns: If our staff have serious concerns about someone’s immediate well-being or believe they may be a danger to themselves or others, we may need to contact emergency services.
1. Acceptance of Terms
By accessing and using our Telehealth Services and Platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. These Terms constitute a binding legal agreement between you and TouCann. You also acknowledge and agree to comply with our community guidelines where applicable.
2. Definitions
For purposes of these Terms, the following definitions shall apply:
“Healthcare professional”: means a qualified and licensed physician, nurse practitioner, or other healthcare provider authorised to provide telehealth services under Australian law.
“Jurisdiction”: means the state or territory within Australia in which you are located.
“Telehealth services”: means the delivery of health care services using technology, including, but not limited to, virtual consultations, diagnosis, treatment, and remote monitoring, in accordance with Australian healthcare regulations.
“Terms”: means these Terms and Conditions of Service.
“We,” “us,” or “our”: refers to Toucann.
“You”: refers to the user of the telehealth services.
3. Description of Services
Toucann provides telehealth services, which may include:
Virtual consultations with qualified healthcare professionals.
Diagnosis and treatment of certain medical conditions, as permitted under Australian law.
Prescription of medications, where appropriate and permitted by Australian law.
Referrals to specialists, if necessary.
Health education and wellness information.
Remote monitoring of certain health conditions.
Secure communication with healthcare providers, in compliance with Australian privacy laws.
We do not guarantee that a telehealth visit is the appropriate course of treatment for your particular healthcare need. In some cases, an in-person visit may be required.
4. Eligibility
You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our services. You must also be located in a jurisdiction within Australia where we are authorised to provide telehealth services. You represent and warrant that you have the legal capacity to enter into these Terms.
5. User Responsibilities
You are responsible for providing accurate, complete, and up-to-date information about your health, medical history, and current condition. You are also responsible for:
Following the instructions and advice provided by our healthcare professionals.
Notifying us immediately of any changes in your health condition.
Ensuring the security of your account and password.
Using our services only for lawful purposes and in accordance with Australian law.
Providing a suitable environment for the telehealth consultation (e.g., a private and quiet space).
Having the necessary technology and internet access to use our services.
6. Appropriate Use
You agree to use our services only for their intended purpose and in accordance with all applicable laws and regulations, including Australian healthcare laws. You are prohibited from:
Using our services for any illegal, fraudulent, or unauthorised purpose, including any activities that violate Australian law.
Interfering with or disrupting the operation of our services or the systems used to provide them.
Attempting to gain unauthorised access to any accounts, systems, or data.
Transmitting any viruses, malware, or other harmful code.
Using our services to send unsolicited communications or spam.
Misrepresenting your identity or providing false information.
Using our services in any way that could endanger the health or safety of any person.
Recording or distributing any telehealth consultation without the express consent of all parties involved, in accordance with Australian privacy laws.
7. Limitations of Telehealth
You acknowledge and agree that telehealth services have certain limitations, including:
The inability to conduct physical examinations in the same manner as an in-person visit.
Potential technical difficulties that may disrupt the consultation.
The reliance on information provided by you, which may not always be complete or accurate.
The potential for misdiagnosis or delayed diagnosis.
Restrictions on prescribing certain medications via telehealth, as determined by Australian law and professional guidelines.
The potential need for follow-up in-person care.
8. Fees and Payment
You agree to pay all fees associated with your use of our services, as outlined on our website or provided to you at the time of service. Our fee policies are as follows:
Consultation Fees: Consultation fees are payable in full at the time of booking and cover the healthcare professional’s consultation services only. They do not include the cost of any prescribed medications or their delivery.
Medication and Delivery: The costs of any prescribed medications and their delivery are separate charges. Medication arrangements, including purchase and delivery, must be made directly with the designated pharmacy, in accordance with Australian regulations.
Refunds:
Refunds of consultation fees are available if our healthcare professional determines that our services are unsuitable for your medical needs, or if we cancel your appointment and cannot reschedule it within a reasonable timeframe, and you have provided truthful information in any pre-screening questionnaires.
Refunds will be processed to the original payment method within a reasonable period, in accordance with Australian consumer law.
Cancellations and Rescheduling:
If you cancel your appointment more than 48 hours in advance, you may choose a full refund or reschedule without penalty.
If you cancel within 48 hours of your appointment, you may be charged a cancellation fee of 50% of the consultation fee.
No-Shows: If you fail to attend your scheduled appointment without prior notice, you will forfeit the full consultation fee.
Late Arrival Policy: Punctuality is essential for telehealth appointments. If you arrive late, we will make reasonable efforts to accommodate you, but your session may be shortened, and the full fee will apply. If you are more than 15 minutes late, your appointment may be treated as a no-show, requiring rescheduling and subject to our no-show policy. Please log in a few minutes early to allow time to resolve any potential technical issues.
We may change our fees from time to time, and we will provide you with reasonable notice of any changes, as required by Australian law. You are responsible for providing valid payment information and ensuring that your payment method is current. Failure to pay may result in suspension or termination of your access to our services.
9. Privacy and Security
We are committed to protecting your privacy and the confidentiality of your health information in accordance with the Privacy Act 1988 (Cth) and other applicable Australian privacy laws. Our Privacy Policy explains how we collect, use, and disclose your personal and health information. We use reasonable security measures to protect your information, but we cannot guarantee the security of any information transmitted over the internet. You acknowledge that transmitting information over the internet carries some risk.
10. Intellectual Property
All content available on our Platform, including but not limited to text, images, graphics, logos, videos, software, and digital materials (collectively referred to as “Content”), is the exclusive property of Toucann or its licensors and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth).
11. Termination
We may terminate your access to our services at any time, with or without cause, and without prior notice, subject to Australian consumer law. You may also terminate your account at any time by following the instructions on our website. The following sections of these Terms shall survive termination: 6, 7, 8, 9, 11, 12, 13, and 14.
12. Indemnification
You agree to indemnify, defend, and hold harmless Toucann, its officers, directors, employees, agents, licensors, and suppliers, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your use of our services, your violation of these Terms, or your violation of any third-party rights, to the extent permitted by Australian law.
13. Limitation of Liability
To the maximum extent permitted by Australian law, Toucann is not liable for any loss or damage from your use of our services. This includes direct, indirect, incidental, consequential, or punitive damages. The information on our platform is for general knowledge only and is not a substitute for professional medical advice. You are responsible for how you use this information. Except for advice from our Healthcare Practitioners during consultations, our platform and services are not medical advice. You are responsible for how you use this information.
You agree to indemnify and hold harmless Toucann and its affiliates from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your misuse of our services or platform, your breach of these Terms, or your violation of any laws or regulations. This obligation survives the termination of your account or these Terms.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [Insert relevant Australian State or Territory, e.g., New South Wales, Australia]. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of [Insert relevant Australian State or Territory, e.g., New South Wales, Australia].
15. Changes to Terms
We may modify these Terms at any time by posting the revised Terms on our website or notifying you by email, as required by Australian law. Your continued use of our services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any changes.
16. Severability
If any provision of these Terms is held to be invalid or unenforceable under Australian law, such provision shall be struck and the remaining provisions shall remain in full force and effect, to the extent permitted by Australian law.
17. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, unless such waiver is in writing and signed by us.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Toucann relating to your use of our services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
Contact Us
If you have any questions about these Terms, please contact us at:
Toucann Pty Ltd
Address
Phone