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Talk Now Telehealth Terms of Service

  1. About the Platform
    • Welcome to www.talknowtelehealth.com and our associated Apple, Google Play, Android or other online application/s (the Platform). The Platform is owned and operated by BKF ENTERPRISES PTY LTD (trading as Talk Now Telehealth) ACN 672 756 473 and is available to Australian and New Zealand users.
    • The Platform provides You with an opportunity to:
      • Book and manage psychiatry, psychology, counselling, and psychotherapy consultations;
        • Manage patient communications;
        • Review and rate Therapists
        • Browse and view material or information in relation to our services (collectively the Services)
    • Please read these terms and conditions carefully as they govern Your access to our Platform (the Terms). By using our Platform, You agree that You are bound by the Terms. If You do not agree with these Terms, You must not use our Platform, or purchase any of our services.
    • These Terms may be updated by us at any time, and by continuing to use the Platform, You accept these Terms as they apply from time to time. When BKF Enterprises updates the Terms, it will use reasonable endeavours to provide You with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
    • BKF Enterprises/We/Us/Our means BKF Enterprises Pty Ltd (trading as Talk Now Telehealth) (ACN 672 756 473).
    • You/Your means any Patient (or authorised representative who has authority to act on behalf of the Patient) who uses our Platform to book appointments, communicate with their healthcare provider, pay for therapy services, provide Personal Information, Sensitive Information, professional or confidential information
  2. Acceptance of the Terms
    • You accept the Terms by remaining on the Platform. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to You by Us in the user interface.
  3. Registration to use the Platform
    • In order to access Our Platform, You must first register for an account through the Platform (the Account).
    • As a Patient User, You must verify Your identity by supplying at least three forms of unique identification in order to use the Platform, including but not limited to a current mobile telephone number that We can reach You on, Your surname and Your date of birth. If You do not provide us with this information, We are unable to provide You with access to the Platform Additionally, You are required to verify Your identity by providing suitable identity documents through RapidID (https://www.rapidid.com). By doing so, You confirm that You are authorised to provide the personal details presented and You consent to Your information being checked with the document issuer or official record holder via third party systems for the purpose of confirming Your identity. 3.3. You are responsible for correctly setting up Your Account, and for any information that You (or any authorised representative) enter into the Platform;
    • Patient Users under the age of 16 must gain permission from a parent or legal guardian (uploaded to the Patient User’s profile) prior to registering to use the Platform.
    • In order to protect Your Personal Information and Health Information, We may restrict access to Your Account until Your identity can be verified, including where You fail to supply the correct verification information for Your Account; and
    • An authorised representative who registers or uses a Patient User’s Account in the Platform other than the Patient themselves warrants that they are an authorised representative of that Patient, or a parent or legal guardian of the Patient, and have the requisite authority to act on behalf of the Patient with respect to the Patient User’s Account and to bind the Patient and itself as the authorised representative to these Terms.
    • As part of the registration process, to access and use Our Platform, You will be required to provide personal information about Yourself (for example, identification or contact details), including:
      • Email address
      • First Name and Surname
      • Mailing address
      • Telephone number
      • Password
      • Credit card details; Health Fund cards, Affiliated services cards such as, Department of Veteran Affairs, WorkCover Queensland and Medicare cards and
      • Any other information as required.
      • (Registration Information)
    • You warrant that any Registration Information You provide to Us in the course of completing the registration process will be accurate, correct and up to date.
    • You are solely responsible for the accuracy of the Registration Information that You submit in relation to the Registration Information.
    • If We detect suspicious or incomplete Registration Information, We reserve the right to suspend or cancel Your Account.
    • Once You have completed the registration process, You will be a Patient User of the Platform (Patient User) and You are taken to have accepted and You are bound by these Terms. As a Patient User You will be granted access to our Services.
  4. Third-Party Offering
    • Payment processing services for Patient Users or Authorised Representatives on the Platform are provided by the third party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 3453) trading as “Stripe” for its secure payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).
  5. Your obligations as a Patient User
    As a Patient User, You agree to comply with the following:
    • You will use the Platform only for purposes that are permitted by:
      • the Terms; and
      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    • You have the sole responsibility for protecting the confidentiality of Your password and/or email address. Use of Your password by any other person may result in the immediate cancellation of the Services;
    • any use of Your Registration Information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BKF Enterprises of any unauthorised use of Your password and/or email address or any breach of security of which You have become aware;
    • access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by You for the purposes of accessing our Services;
    • You will not use the Platform for any illegal, offensive or unauthorised use which includes collecting email addresses of Patient Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;
    • To use the Platform You must ensure your device is protected by up-to-date antivirus software, a secure network connection and other standard security measures. You must not use the Platform on compromised devices;
    • You must not:
      • Attempt to gain unauthorized access to Our systems or networks;
      • Use the Platform to distribute malware, viruses, or engage in phishing;
      • Reverse-engineer or tamper with the Platform’s security features; or
      • Download the App from unauthorised or unofficial sources.
    • You acknowledge and agree that any automated use of the Platform is prohibited.
  6. Cybersecurity Measures
    • Talk Now Telehealth implements industry-standard encryption protocols to protect the personal data of Patient Users. Our systems are regularly updated to address new security threats. We use secure servers and comply with all applicable cybersecurity laws and regulations.
    • We continuously monitor the Platform for potential cybersecurity incidents. In the event of an identified threat, We reserve the right to suspend or restrict access to your Account until the issue is resolved.
    • Patient User data is securely stored using encrypted databases. We encrypt sensitive Personal Information both at rest and in transit. We do not share your personal data with third parties without your explicit consent, except where required by law.
    • In the event of a data breach or security incident, We will notify You promptly through email or in-App notifications. We will provide details of the incident, including the nature of the breach, affected data, and steps to mitigate any risks.
    • Whilst Talk Now Telehealth employs advanced cybersecurity measures We do not guarantee that the Platform will be free from all security vulnerabilities. To the fullest extent permitted by law, Talk Now Telehealth shall not be liable for any damages resulting from:
      • Cyberattacks, hacking, or unauthorized access beyond our control;
        • User negligence, such as failure to maintain Account or device security; or
        • Third-party services or systems used in conjunction with the Platform.
  7. Payment
    • In using the Platform to book consultations, You agree to pay the applicable fees for the Therapist in question, which may include: the full fee at the time of booking; no booking fee; a $50 booking fee; the full fee for the initial consultation then a $50 booking fee for subsequent consultations with the same Therapist or the full fee for the initial consultation and then no booking fee for subsequent consultations with the same Therapist.
    • Each Therapist has a profile within the Platform stating the Therapist’s fee (the Fee).
    • Payment of the Fee may be made through Stripe, the payment gateway made available to You on the Platform, (the Payment Gateway Provider). Electronic Funds Transfer (EFT) and other payment methods may also be available upon request in the sole discretion of BKF Enterprises.
    • You must provide Your Health Fund card details prior to Your appointment if Your Therapist is registered with the HICAPS (Health Industry Claims and Payment Service) digital portal to ensure easy claiming through HICAPS. The amount reimbursed from Your fund depends upon Your level of cover. Please contact Your fund prior to Your appointment if You require details regarding this amount. You may then pay the remaining gap by credit card or cash payment.
    • In using the Services, You warrant that You have familiarised Yourself with, and agree to be bound by, the applicable Terms and Conditions of Use and the Privacy Policy.
    • Following confirmation of Your payment of the Fee, You will be issued with a receipt to confirm that payment has been received and You authorise Us to record Your payment details for future use.
    • You acknowledge and agree that where a request for a payment due is returned or rejected, for whatever reason, by Your financial institution, or is unpaid by You for any other reason, then You are liable for any costs or surcharges, including banking fees and charges, associated with the Services.
    • Where a payment is not made by You for any reason We will immediately suspend your Account until the amount overdue is paid in full. We will send You 2 (two) payment reminders within a period of 48 hours from the date Your Account becomes overdue. If We do not receive payment for the overdue amount following such reminders the relevant Therapist retains the right to take such further action as they deem appropriate in their absolute discretion to recover the overdue amount, which may include interest, collection costs and expenses. These further costs and expenses may be included in the total amount owed on Your Account.
    • Any fees displayed on the Platform may be subject to change without notice.
  8. Cancellation Fee
    •  If You cancel a consultation within 48 hours of the appointment You will be charged a $50 cancellation.
    • fee, which will be charged to Your uploaded credit card. Any cancellations made more than 48 hours prior to the appointment time will incur no charge.
  9. Copyright and Intellectual Property
    • We (or Our licensors) retain ownership of all intellectual property rights (including copyright) in and to the Platform,( including, without limitation, messages and content We make available to You, text, graphics, logos, button icons, video images, audio clips, configuration of the Platform, code, scripts, design elements, interactive features and software) (the ‘Content’).
    • You may not, without the prior written permission of BKF Enterprises and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of the Platform, rent, lease, lend, resell or sub-license Your rights to use and access the Platform, or adapt or change in any way the Content, Services, third party content, or third party Services for any purpose, unless otherwise provided by these Terms.
    • All trademarks, logos, patent designs, service marks and trade names are owned, registered, and/or licensed by BKF Enterprises, who grants to You a worldwide, non-exclusive, royalty-free, revocable licence to:
      • use the Platform pursuant to the Terms; and
      • copy and store the Platform and the material contained in the Platform in Your device’s cache memory;
    • BKF Enterprises does not grant You any other rights whatsoever in relation to the Platform or the supply of services by BKF Enterprises. All other rights are expressly reserved by BKF Enterprises.
    • You agree that You will use the Content and Our Services only for purposes that are permitted by these Terms and in accordance with any applicable law, regulations or generally accepted practices or guidelines in the relevant jurisdictions.
  10. Audiovisual Recording and AI transcription of Consultations
    • By using the Platform, You acknowledge that Your consultations may be recorded via audiovisual means for the purposes of patient care, quality control and record keeping. These recordings will be securely stored in accordance with the Privacy Act and other applicable privacy laws and regulations and will only be accessible to authorised personnel. Your participation in any audiovisual recording is voluntary and is given by You providing express consent to Your consultations being recorded prior to the commencement of a consultation.
    • You also retain the right to request the deletion of recordings in which You appear, subject to legal and regulatory requirements.
    • We have integrated an artificial intelligence (AI) clinical scribe into the Platform as an optional extra feature for Therapists (“Heidi”). Heidi can transcribe client sessions, automate note-taking, create customisable templates and can assist in clinical decision making. By using the Platform You consent to Your patient notes and/or professional reports to potentially be generated via the clinical scribe, if requested by Your Therapist.
    • Information collected will be used and protected in accordance with Heidi Privacy Policy accessible via the following link: Heidi Health Privacy Policy.
  11. Privacy
    BKF Enterprises takes Your privacy seriously and any information provided through Your use of the Platform is subject to BKF Enterprises’ Privacy Policy [Talk Now Telehealth Privacy Policy]. By using the Platform, You acknowledge and agree that:
    • We will collect any Personal Information (including any Health Information) You provide to Us or Your Practitioner via the Platform, and We will manage and deal with this Personal Information in accordance with our Privacy Policy [Talk Now Telehealth Privacy Policy], as amended from time to time;
    • We will share Your Personal Information or Health Information with any Practitioner authorised by You, or with whom You request a Booking, or otherwise communicate with via the Platform;
    • the Practitioner You request a consultation with, or otherwise communicate to, via the Platform may have their own policy governing access to this information – Our Privacy Policy does not govern, and We make no representations in relation to, how Your Practitioner handles Your Personal Information, and You should direct any such enquiries to them directly;
    • Any consent given by You through the Platform is valid and binding unless and until revoked by You, and a Practitioner may rely on a consent given through the Platform without any need to further verify that consent;
    • We may send You emails, text messages, push notifications and other alerts on behalf of Us or Your Practitioner, for purposes such as confirming Your Booking or consultation, providing clinical or appointment Reminders, facilitating patient surveys and providing You with Your password to access the Platform; and
    • We may also collect browsing information (including aggregated statistical information such as information about Your online preferences and movements) about You from Your use of Our Platform, which uses cookies (a small tracking code in Your browser). This information may be collected on an identifiable basis. You may manage how You handle cookies in Your browser settings.
    • We may access and collect Your geo-location during the use of our Mobile Check In feature. This permission is requested from You when You access the feature and information is only collected during the check-in process. Any geo-location data collected will only be used for the purpose of delivering the service.
    • If, at any time, You provide or upload Personal Information (including Health Information) or other information about someone other than You to Our Platform, You warrant that You have that person’s consent to provide such information to Us for the purpose specified, and to Our collection and handling of the Personal Information in accordance with these Terms and Our Privacy Policy.
    • If You provide anyone else access to the Platform (including providing anyone else with Your login details to the Platform), then You consent to that person accessing the Platform on Your behalf, including accessing Your Personal Information.
    • If You suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Platform, You must let Us know immediately.
  12. Suspension or termination of Access
    • The Terms will continue to apply until terminated by either You or by BKF Enterprises as set out below.
      • If You want to terminate the Terms, You may do so by closing Your account for the Services which You use, where We have made this option available to You.
      • We may at any time, cancel revoke or suspend Your access to the Platform or otherwise terminate Your Account if
        • You have breached any provision of the Terms or intend to breach any provision or any applicable law; or
        • We are required to do so by law, or
        • Your conduct impacts BKF Enterprises’ name or reputation or violates the rights of those of another party.
    • We will ordinarily advise a Patient User of any suspension, revocation or termination, however We are under no obligation to do so.
    • If Your Account is cancelled or We otherwise permanently end Your access to the Platform, information We have collected about You may be either:
      • permanently deleted or de-identified; o
      • retained in accordance with any applicable regulatory requirements.
    • Termination or expiration of Your licence or access to use the Platform will not affect any accrued rights, indemnities, or any other provision of these Terms which are intended by their nature to survive termination or expiration.
  13. Liability and indemnity
    • To the extent permitted by law, You acknowledge and agree that:
      • Your use of the Platform is at Your own risk;
      • You are solely responsible for Your use of the Platform and for the accuracy and suitability of any information or data that You upload to, or obtain from, the Platform, including any third party services facilitated by the Platform;
      • We make no representation or warranty that an appointment time is actually available, or that a Practitioner will confirm a consultation request or respond to a consultation request within a certain timeframe (or at all). It is Your responsibility to contact the Practitioner if You experience any issues with Your.
      • Reminder, consultation request or any other communication with a Practitioner that is made via the Platform, including any delay;
      • the Platform is not designed for, and must not be relied upon in relation to, any critical, emergency or acute care medical circumstances.
      • the Platform does not provide medical advice, nor does it hold itself out to provide medical advice;
      • We provide and operate the Platform only, and are not responsible or liable for the conduct or activities of other third parties, including any third party service provider, or Practitioner, including any clinical care or advice You are or are not provided with by Your Practitioner; and 13.1.8 under no circumstance will We be liable for:
        • any illness, injury, or death resulting from use of the Platform; or
        • any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from Your access to, use of, or inability to use the Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not We knew or should have known of the possibility of such loss.
    • You agree to indemnify Us for any loss, damage, actions, suits or claims, costs expenses, including legal expenses (and including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that We may suffer or incur as a result of Your use of the Platform or any breach by You of these Terms.
    • Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, We together with Our related entities exclude all conditions and warranties that may be implied by law.
  14. Contacting us and complaints
    • All questions, comments, requests or complaints regarding these Terms can be sent by email to info@talknowtelehealth.com or by post to PO Box 153, Coolum Beach, Qld, Australia, 4573. We will aim to resolve any issue raised with You directly and promptly.
    • Please otherwise contact Your Practitioner directly if You have any questions or concerns about their response to Your consultation request or any other communications or Your clinical care more generally.
  15. General Disclaimer
    • These Terms apply to every transaction for the supply of Services on the Platform.
    • We will make every effort to ensure the supply of any Services is accurately depicted on the Platform, however, You acknowledge that the quality, production and sound may differ from what is displayed on the Platform.
    • To the maximum extent permitted by applicable law, We make no representations or warranties of any kind, whether express, implied, statutory or otherwise, and specifically disclaims all implied warranties including without limitation any warranties of title, non-infringement, merchantability or fitness for a particular purpose with respect to the services and/or related documentation. We do not warrant that Your use of the Platform will be secure, timely, error-free or uninterrupted or that the Services are or will remain updated, complete or correct or that the Services will meet Your requirements or expectations.
    • No other terms or conditions shall apply other than these Terms.
    • Use of the Platform, Content and any of the services of BKF Enterprises is at Your own risk. Everything on the Platform and the Services are provided to You on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of BKF Enterprises make any express or implied representation or warranty about the Content or any Services referred to on the Platform.
  16. Linked Content
    • You acknowledge and agree that We have no responsibility for the content (‘Linked Content‘) to which You or We may link from the Website, or otherwise display on the Website via an application programming interface or other method. The display of Linked Content or the provision of links to interfacing sites does not constitute an endorsement by or association with us of such Linked Content, interfacing sites, or products, advertising, or other materials presented on such sites.
    • You acknowledge and agree that We are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with Your use of or reliance on any such content, goods, or services available on such interfacing sites, or for any action taken by interfacing sites.
    • We expressly disclaim, to the fullest extent permitted by law, all express, implied and statutory warranties.
    • Where any statutory warranties may not be excluded, Our liability is limited to an amount equal to the cost of replacement of the Services.
    • You expressly understand and agree that BKF Enterprises, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability.
    • We are not responsible or liable in any way, for any Content (including Third Party content) posted on the Platform or in connection with the Services, whether posted or caused by users of the Platform of BKF Enterprises, by third parties or through the offer of Services by BKF Enterprises.
  17. Dispute Resolution
    • Compulsory:
      • If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    • Notice:
      • A party to the Terms claiming a dispute (Dispute), must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    • Resolution:
      • On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
        • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
        • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
        • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
        • The mediation will be held in Maroochydore, Australia.
    • Confidential:
      • All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    • Termination of Mediation:
      • If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  18. Governing Law
    • The laws of the state of Queensland, Australia govern these Terms and You agree to the exclusive jurisdiction of the courts in the state of Queensland, Australia for any disputes which might arise. 19
  19. Miscellaneous
    • You acknowledge that You have not relied on any representation, warranty or statement made by Us, other than as set out in these Terms or Our Privacy Policy.
    • No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
    • Any clause which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.
    • You may not assign or otherwise create an interest in Your agreement with Us without Our prior written consent. We may assign or otherwise create an interest in Our agreement with You under these Terms by written notice to You.
  20. Interpretation
    • The following terms are used regularly throughout these Terms and have the following meanings:
      • Account means a registered Patient User’s account on the Platform.
      • Authorised Representative means any person who has authority to act on behalf of the Patient, including a parent or a legal guardian of the Patient, or a representative of the Patient who is authorised to include information on the Platform on the Patient’s behalf.
      • Health Information has the same meaning as in the Privacy Act.
      • Patient means a patient or consumer (or potential patient or consumer) of health services of a Clinic.
      • Patient User means the Patient, or an authorised representative of the Patient who has authority to act on behalf of the Patient, who accesses or uses the Platform to request a consultation or otherwise communicate with a Practitioner.
      • Personal Information has the meaning given to that term by the Privacy Act.
      • Practitioner means a medical practitioner, health professional or other individual who You engage with via the Platform.
      • Privacy Act means the Privacy Act 1988 (Cth) as amended form time to time.
      • Reminder means an upcoming appointment Reminder sent to a Patient via the Platform.
      • Sensitive Information has the meaning given to it by the Privacy Act
      • Terms means these Terms of Service.
      • Therapist means a mental health professional, comprising psychiatrists, psychologists, psychotherapists and counsellors.
  21. The following rules apply unless the context requires otherwise.
    • headings and explanations are for convenience only and do not affect interpretation;
    • the singular includes the plural and the opposite also applies;
    • if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
    • a reference to a clause or item refers to clauses and items in these Terms including the Schedules;
    • a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
    • mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;
    • a reference to a party to these Terms or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives); and
    • a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.