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Index
1. Accepting these Terms
2. Completing your profile
3. Initial Use
4. Existing Care & Service Limitations
5. Telehealth Limitations
6. Health Status
7. AInappropriate Use
8. Appointments
9. Medical Record
10. Prescription Medications
11. Health Content
12. Fees & Payment
13. Vouchers
15. Access, Suspension and Service Charges
16. Inappopriate Use
17. Liability & Statutory Rights
18. Governing Law
19. Risk of Harm & Limits to Confidentiality
20. Privacy, Consent and Confidentiality - Young People Aged 13 to 17
21. Definitions
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1. Accepting these Terms
1.1. You acknowledge that CU Health is an online telehealth healthcare and wellbeing service provider that facilitates access to qualified healthcare professionals for medical, health and wellbeing appointments and ongoing care.
1.2. You acknowledge that CU Health will collect, use and disclose your personal information in accordance with our Privacy Policy.
1.3. By selecting “I accept” or “I agree”, you confirm that you have read and understood these Terms of Service (“Terms”) and agree to comply with them each time you access or use CU Health.
1.4. Your continued access to and use of CU Health is conditional on your compliance with these Terms.
2. Completing your profile
2.1. During registration, you may provide your personal and contact information. Unless you nominate otherwise, your mobile phone number and email address will be treated as your primary contact details. CU Health may use these details to send you important messages relating to your account, appointments and healthcare.
2.2. You may complete CU Health’s confidential health survey as part of activating your account. CU Health’s clinical team may use your responses to identify immediate and longer-term healthcare needs or risks and to guide you towards CU Health Practitioners or services that may be suitable for your circumstances.
2.3. CU Health may de-identify your information by removing information that could reasonably identify you as an individual. De-identified information may be provided to your Organisation or to partners, third-party vendors and suppliers involved in delivering CU Health Services. De-identified information may also be used to generate health statistics, utilisation reporting and broader health insights.
3. Initial Use
3.1. Once your profile is complete and your account is active, you may book any appointments made available to you through the CU Health Portal.
3.2. Before you confirm a booking, the CU Health Portal will display any fees payable by you and whether an available voucher applies to the appointment. Depending on your Organisation’s offering, an appointment may be fully funded or may require payment by you.
4. Existing Care & Service Limitations
4.1. CU Health supports continuity of care. If you are currently receiving treatment or care from an external healthcare provider, you are encouraged to maintain those existing arrangements. You may provide details of your external healthcare providers during a CU Health appointment.
4.2. CU Health is an online healthcare provider intended to complement, not replace, the care provided by your regular external General Practitioner. A General Practitioner consulting through CU Health is not your regular General Practitioner. You are encouraged to maintain an ongoing relationship with your regular external General Practitioner for comprehensive, continuous and in-person care, including the coordination of your long-term health needs.
4.3. CU Health General Practitioners do not prepare Mental Health Treatment Plans (commonly referred to as Mental Health Care Plans) or GP Chronic Condition Management Plans (sometimes referred to as Chronic Disease Care Plans). These plans should be discussed with and prepared by your regular external General Practitioner, who is best placed to assess your ongoing needs and coordinate your care.
4.4. CU Health General Practitioners do not complete or provide Transport Accident Commission (TAC) claim paperwork, including Certificates of Capacity, medical reports, claim forms or related supporting documentation. These requirements should be discussed with your regular external General Practitioner or another treating practitioner involved in managing the relevant transport accident injury and your ongoing care.
4.5. CU Health is a multidisciplinary healthcare practice. As part of your care, a CU Health Practitioner may recommend or refer you to another CU Health Practitioner from a different clinical discipline for further assessment, treatment or support. Any referral is optional, and you may choose whether to proceed with the referred practitioner, another CU Health Practitioner or an external healthcare provider of your choice.
4.6. You are responsible for any fees associated with services provided by external healthcare providers, including where you have been referred by a CU Health Practitioner.
4.7. Where clinically appropriate and with your consent, a CU Health Practitioner may communicate or coordinate with your external healthcare providers to support your ongoing care. You may be required to provide further consent or information before any correspondence is prepared or shared.
4.8 A CU Health Practitioner may identify an actual, potential or perceived conflict of interest that could affect their ability to provide you with safe, appropriate and impartial care.
Where the conflict cannot be appropriately managed, the Practitioner may decline to commence treatment or discontinue providing services. Where appropriate, the Practitioner will facilitate a referral to another suitably qualified CU Health Practitioner or external healthcare provider to support continuity of care.
4.9 Formal Assessments: CU Health Practitioners do not conduct formal clinical diagnostic, cognitive, personality, neurodevelopmental or behavioural assessments.
This includes assessments, reports or clinical opinions required for compensation claims, insurance matters, employment purposes, family law matters or other legal proceedings, educational requirements, or eligibility for benefits or support services.
Any information gathered during a consultation is for the purpose of providing general clinical care only and does not constitute a comprehensive formal assessment or diagnosis and should not be relied upon for external or administrative purposes.
Where a formal assessment or diagnosis may be appropriate, the Practitioner may recommend that you consult your regular General Practitioner or another suitably qualified external healthcare provider.
5. Telehealth Limitations
5.1. CU Health provides healthcare and wellbeing services through telehealth and does not provide in-person appointments. Telehealth may not be suitable for every health concern. CU Health is not an emergency service and is not equipped to treat medical emergencies or conditions requiring immediate in-person assessment or treatment.
5.2. If you are experiencing a medical emergency, or believe there is an immediate risk to your health or safety or the health or safety of another person, you must immediately:
a. call Triple Zero (000) if you are in Australia;
b. call Triple One (111) if you are in New Zealand; or
c. contact the relevant emergency service number if you are located elsewhere.
You may also attend the nearest hospital emergency department. If you are unsure whether the situation is an emergency, you should contact emergency services.
5.3. During an appointment, a CU Health Practitioner may determine that your health concern cannot be safely or appropriately assessed or managed through telehealth. In these circumstances, the Practitioner may recommend that you seek in-person assessment or treatment from an external healthcare provider, attend an emergency department or contact emergency services.
5.4. Once any immediate or emergency care has been addressed, you may book a further appointment with a CU Health Practitioner where follow-up care through telehealth is appropriate.
6. Health Status
6.1. You agree to provide complete, truthful and accurate information to CU Health regarding your identity, medical history, current symptoms, medications, allergies and any existing or previous health conditions that may be relevant to your care.
6.2. You acknowledge that CU Health Practitioners make recommendations about appointments, treatment, referrals and further care based on the information available to them and their professional clinical judgement.
6.3. You agree to notify the relevant CU Health Practitioner of any material change to your health, symptoms, medication, treatment or care plan, including changes made by an external healthcare provider, where that information may be relevant to your ongoing care.
6.4. You acknowledge that incomplete, inaccurate or outdated information may affect a CU Health Practitioner’s ability to safely and appropriately assess your health needs or provide care.
7. Appropriate Use
7.1. You may only use your CU Health account to access healthcare and wellbeing services for yourself.
7.2. Each person accessing CU Health Services must:
a. register separately;
b. use their own login details;
c. hold their own individual medical record; and
d. book and attend appointments through their own CU Health account.
You must not book or attend an appointment on behalf of another person using your account.
7.3. Access for family members is only available where it is included in your Organisation’s agreement with CU Health or has otherwise been approved by CU Health. Eligibility requirements may differ between Organisations. CU Health may require the associated employee or member to hold an active CU Health account or provide other information so that family eligibility can be verified.
7.4. Access to CU Health Services by a person under 18 is subject to the eligibility, registration, consent, privacy, confidentiality and clinical requirements set out in Section 20, Privacy, Consent and Confidentiality - Young People Aged 13 to 17. Each young person must hold and use their own CU Health account and individual medical record.
7.5. If you would like another person to attend your appointment with you, you must first obtain approval from the relevant CU Health Practitioner. Approval is at the Practitioner’s discretion and will be based on their professional judgement and the circumstances of the appointment.
Where approval is provided:
a. you and the accompanying person may be required to complete a consent form;
b. you remain the patient receiving the appointment; and
c. the accompanying person must not receive a clinical assessment, advice, treatment or other healthcare services during your appointment.
7.6. When accessing or using CU Health Services, you agree to:
a. communicate respectfully and professionally with CU Health Practitioners and other CU Health team members;
b. comply with these Terms and any reasonable clinical, administrative, privacy or security instructions provided by CU Health;
c. refrain from unlawful, threatening, abusive, defamatory, discriminatory, obscene, offensive, aggressive or harassing conduct;
d. refrain from conduct that may cause unreasonable distress, disruption or risk to another person; and
e. provide truthful and accurate information about your identity, eligibility and health status.
7.7. CU Health may refuse, restrict, suspend or discontinue your access to CU Health Services if your behaviour does not meet the standards in clause 7.6 or if CU Health reasonably considers that continuing to provide services may create a safety, clinical, legal oroperational risk.
Where appropriate, CU Health will provide you with written reasons for its decision and information about who you may contact to discuss the decision.
7.8. You agree to regularly monitor the phone number, email address and CU Health Portal account connected to your profile for important communications from CU Health.
7.9. You are responsible for maintaining the security of your CU Health account. You agree to:
a. keep your login and authentication details confidential;
b. properly log out of your account when you have finished using the CU Health Portal;
c. take reasonable steps to prevent unauthorised access to your account and devices;
d. use reasonably secure and up-to-date devices, operating systems, internet browsers and security software;
e. confirm that you are accessing the official secure CU Health Portal at my.cuhealth.com.au using an address beginning with “https”; and
f. immediately notify CU Health if you know or suspect that your account, login details, device or personal information has been accessed or compromised without authorisation.
7.10. Where an account security issue relates to your Organisation’s single sign-on system, work email account or technology environment, you may also be required to notify your Organisation.
8. Appointments
8.1. Appointment availability varies according to the service, Practitioner availability and your Organisation’s offering. Available appointment times will be displayed in the CU Health Portal.
8.2. CU Health uses secure technology and reasonable safeguards to protect the privacy and security of telehealth appointments. CU Health does not record or store audio or video from appointments. You and any other person attending an appointment must not photograph, record, reproduce or distribute any part of the appointment without CU Health’s prior written approval and the consent of all participants.
8.3. You agree to attend each appointment you book and to be ready to commence the appointment at its scheduled start time.
8.4. If you attend late, the CU Health Practitioner may shorten or cancel the appointment where there is insufficient time to safely and appropriately provide the service. Any cancellation or loss of a voucher will be managed in accordance with CU Health’s Cancellation Policy.
8.5. If you expect to be late or are unable to attend an appointment, you must notify CU Health as soon as possible by:
a. calling 1300 284 325 if you are in Australia;
b. calling 09 977 9801 if you are in New Zealand; or
c. emailing support@cuhealth.com.au.
Notifying CU Health does not automatically prevent a cancellation fee or voucher forfeiture from applying.
8.6. By booking an appointment, you acknowledge and agree to comply with CU Health’s Cancellation Policy, available at:
https://www.cuhealth.com.au/cancellation-policy
8.7. You agree to promptly book an appropriate follow-up appointment when a CU Health Practitioner advises that further review is clinically required. This may include:
a. reviewing pathology, imaging or other test results;
b. reviewing your response to treatment, medication or a care plan;
c. discussing new or continuing symptoms; or
d. reviewing another clinically significant health concern identified during an appointment.
8.8. Clinical questions or concerns arising after an appointment, including questions about symptoms, side effects, treatment, or medication, may require a further appointment with the relevant CU Health Practitioner. CU Health’s administrative and Member Support teams cannot provide clinical advice.
8.9. If a CU Health Practitioner is delayed or CU Health needs to cancel an appointment, CU Health will take reasonable steps to notify you and assist you to reschedule. Where possible, CU Health will provide advance notice, but advance notice may not always be possible.
9. Medical Record
9.1. You agree to ensure that the personal details, contact details and emergency contact information recorded in your CU Health account remain complete, accurate and up to date.
9.2. If your information changes, you must update your profile through the CU Health Portal as soon as reasonably practicable. If you are unable to update the information through the Portal, you should contact CU Health Member Support.
9.3. CU Health Practitioners will take reasonable steps to create and maintain accurate, complete and appropriately detailed health records in accordance with applicable laws, professional standards and CU Health’s clinical governance requirements.
9.4. CU Health will take reasonable administrative, technical and organisational measures to protect your medical record from misuse, interference, loss and unauthorised access, modification or disclosure.
CU Health will handle your medical record in accordance with:
a. applicable Australian privacy and health-record legislation;
b. the Privacy Act 2020 and applicable health-information requirements in New Zealand, where relevant; and
c. CU Health’s Privacy Policy.
9.5. CU Health will retain your medical record for at least the minimum period required under applicable law and relevant professional obligations. After the applicable retention period has expired, records may be securely archived, destroyed or de-identified where legally permitted and clinically appropriate.
9.6. CU Health provides care through a multidisciplinary team. Information contained in your medical record may be accessed and shared between CU Health Practitioners who are directly involved in your care where reasonably necessary to provide, coordinate or review that care.
9.7. CU Health and CU Health Practitioners may collect, use or disclose information contained in your medical record:
a. with your consent;
b. where reasonably necessary to provide or coordinate your healthcare;
c. where required or authorised by law;
d. where permitted under CU Health’s Privacy Policy; or
e. where disclosure is necessary to respond to aserious risk to the health or safety of you or another person.
9.8. CU Health Practitioners must handle your personal and health information in accordance with applicable privacy laws, their professional and ethical obligations and their contractual confidentiality obligations to CU Health.
9.9. CU Health applies access controls to areas of its systems containing personal and health information. Access will only be provided to authorised personnel who require it to perform their clinical, administrative, legal, security or governance responsibilities.
CU Health may monitor and audit access and may restrict or revoke access where it is no longer required or where inappropriate access is identified.
9.10. CU Health’s administrative team members may have limited access to your medical record where reasonably necessary to perform authorised administrative functions. These functions may include:
a. managing appointments;
b. responding to Member Support enquiries;
c. processing payments, vouchers or Medicare documentation;
d. facilitating referrals or clinical correspondence;
e. maintaining accurate member information;and
f. supporting legal, privacy,quality-assurance or clinical-governance processes.
Administrative team members must complete appropriate privacy and confidentiality training and are contractually required to protect your information.
9.11. You may request access to, or correction of, personal and health information held about you. Requests will be managed in accordance with applicable law and CU Health’s Privacy Policy. CU Health may require you to verify your identity before processing a request.
10. Prescription Medications
10.1. You acknowledge that booking or attending an appointment with a CU Health Practitioner does not guarantee that a prescription will be issued. Any decision to prescribe medication will be made by the relevant Practitioner based on their professional judgement, the information available to them and whether prescribing is clinically appropriate.
10.2. CU Health General Practitioners do not initiate, prescribe or provide repeat prescriptions for:
a. medications used to treat attention deficit hyperactivity disorder (ADHD);
b. benzodiazepines; or
c. opioid medicines,including Schedule 8 controlled drugs.
Requests for these medications should be discussed with your regular external General Practitioner or relevant treating specialist.
10.3. Where a CU Health Practitioner prescribes medication, you agree to:
a. provide complete and accurate information about your current medications, allergies, medical conditions and relevant medical history;
b. follow the instructions provided by the Practitioner, pharmacist and medication manufacturer;
c. carefully read the medication packaging and any consumer medicine information supplied with it;
d. take the medication only as prescribed and not provide it to another person; and
e. promptly seek appropriate clinical advice if you experience unexpected symptoms, side effects or concerns about the medication.
10.4. If you do not understand the prescribing instructions or have clinical questions about your medication, you should book a follow-up appointment with the relevant CU Health Practitioner or seek advice from an appropriately qualified pharmacist or external healthcare provider. CU Health’s administrative and Member Support teams cannot provide medication or clinical advice.
10.5. A CU Health Practitioner may decline to prescribe, renew or continue a medication where they consider that:
a. the medication is not clinically appropriate;
b. further assessment, examination, testing or medical information is required;
c. the medication cannot be safely prescribed through telehealth;
d. an in-person consultation is required; or
e. prescribing would not comply with applicable legal, regulatory or professional requirements.
11. Health Content
11.1. CU Health may provide or make available general health and wellbeing information, educational resources, videos, articles, tools and other materials through the CU Health Portal or as a supplement to your care.
11.2. Unless expressly stated otherwise by a CU Health Practitioner during an appointment, Health Content is provided for general information and educational purposes only. It is not intended to replace:
a. personalised healthcare or clinical advice;
b. an individual assessment or diagnosis;
c. treatment recommended by a qualified healthcare professional; or
d. emergency or urgent medical care.
11.3. CU Health takes reasonable steps to provide Health Content that is accurate and reliable at the time it is published. However, health information and professional guidance may change over time, and CU Health does not guarantee that all Health Content will always be complete, current or suitable for your individual circumstances.
11.4. You are responsible for considering whether Health Content is relevant to your personal circumstances. You should not disregard or delay seeking professional healthcare advice because of information made available through CU Health.
11.5. If you require assistance interpreting Health Content or applying it to your circumstances, you should book an appointment with an appropriately qualified CU Health Practitioner or seek advice from an external healthcare professional.
11.6. Health Content must not be relied upon in a medical emergency or where urgent assessment or treatment may be required. In those circumstances, you must follow the emergency instructions in Section 5.
12. Fees & Payment
12.1. Fees for CU Health Services will be determined in accordance with CU Health’s current fees and payment arrangements, which may be updated from time to time.
12.2. Before you confirm an appointment, the CU Health Portal will display:
a. the applicable appointment fee;
b. any voucher or funding contribution applied to the appointment; and
c. any remaining amount payable by you.
12.3. Where an amount is payable by you, you must provide a valid payment method and pay the amount required at the time of booking, unless CU Health has agreed to another payment arrangement.
12.4. CU Health may use a third-party payment provider to securely process payments. CU Health does not directly store your complete credit or debit card details.
12.5. Where your Organisation provides a voucher or funding contribution towards an appointment:
a. your Organisation will pay the applicable contribution directly to CU Health;
b. the contribution will only apply to eligible services and appointments;
c. you will be responsible for any remaining amount displayed before you confirm the booking; and
d. you will be responsible for the full cost of any appointment to which no voucher or funding contribution applies.
12.6. The number, value, type, eligibility requirements and expiry dates of vouchers or funding contributions available to you are determined by your Organisation’s agreement with CU Health.
12.7. Your Organisation may instruct CU Health to add, remove or change the vouchers or funding contributions available through your account. Any change will apply from the date it is implemented by CU Health and may affect the amount payable for future appointments.
A change will not ordinarily alter the price of an appointment that has already been booked and paid for, unless:
a. the booking is changed or rescheduled;
b. the voucher is no longer valid or available;
c. the appointment becomes subject to the Cancellation Policy; or
d. CU Health is required to correct an error in the booking or payment information.
12.8. You must ensure that your payment and billing information is complete, accurate and up to date.
12.9. Any refunds, credits, cancellation fees or voucher forfeitures will be managed in accordance with these Terms, CU Health’s Cancellation Policy and any applicable legal requirements.
13. Vouchers
13.1. An Organisation may purchase or fund vouchers for eligible CU Health Services in accordance with its agreement with CU Health.
13.2. Where a voucher is allocated to your account, it will ordinarily be displayed in the CU Health Portal. CU Health may also notify you by email, text message or Portal notification.
13.3. Each voucher is subject to the conditions displayed in the CU Health Portal or otherwise communicated to you, including:
a. the eligible appointment or service type;
b. the value of the voucher;
c. any eligibility or usage restrictions; and
d. the voucher’s expiry date.
13.4. A voucher may cover all or part of the cost of an eligible appointment. Any remaining amount payable by you will be displayed before you confirm the booking.
13.5. Vouchers:
a. are personal to the individual account holder;
b. are not transferable to another person;
c. must only be used for the eligible service or appointment type;
d. cannot be exchanged for cash, credit or another voucher;
e. cannot be sold, assigned or otherwise transferred; and
f. cannot be used after their expiry date.
13.6. Unless another expiry date is displayed or communicated to you, a voucher will expire 12 months after its issue date.
13.7. A voucher may be treated as used or forfeited where:
a. you attend the appointment for which it was applied;
b. you cancel or reschedule the appointment in circumstances covered by CU Health’s Cancellation Policy;
c. you fail to attend the appointment; or
d. the voucher is otherwise used in accordance with the conditions attached to it.
13.8. A used, expired or forfeited voucher will not ordinarily be reinstated, refunded or replaced. CU Health may reinstate or replace a voucher where it determines that an administrative or technical error occurred or where otherwise required by law.
13.9. Your Organisation may change or discontinue future voucher allocations in accordance with its agreement with CU Health. CU Health does not guarantee that additional or replacement vouchers will be provided once your available vouchers have been used, expired or forfeited.
13.10. If a voucher has been incorrectly allocated to your account, CU Health may remove or correct the voucher. Where reasonably practicable, CU Health will notify you before making a correction that affects an existing booking.
14. Medicare Rebates
14.1. General Practitioner appointments provided through CU Health are private telehealth services and are not offered as Medicare-rebatable services.
14.2. You cannot claim a Medicare benefit for the cost of a General Practitioner appointment provided through CU Health.
14.3. A Psychology appointment may be eligible for a Medicare benefit where:
a. you have paid the full cost of the appointment yourself;
b. you hold a valid referral under a Mental Health Treatment Plan prepared by your usual external General Practitioner or another eligible referring medical practitioner;
c. the CU Health Psychologist and the service provided satisfy the applicable Medicare eligibility requirements;
d. you have not exceeded the number of Medicare-funded mental health treatment services available to you; and
e. all other applicable Medicare requirements have been met.
14.4. Organisation-funded appointments, including appointments fully paid for through an employer-funded voucher, are not eligible to be claimed by you through Medicare because you have not personally incurred the appointment cost.
14.5. Where an appointment is only partly funded by your Organisation, you must confirm with CU Health and Medicare whether any amount paid by you is eligible for a Medicare benefit before making a claim.
14.6. Where a Psychology appointment may be eligible for a Medicare benefit:
a. you are responsible for ensuring that CU Health receives a valid referral before the appointment or within any timeframe required by Medicare;
b. you are responsible for confirming your eligibility and the number of Medicare-funded services remaining under your referral;
c. you must pay the full appointment fee required by CU Health;
e. CU Health does not submit or process Medicare claims on your behalf; and
f. if you are eligible for a Medicare benefit, you are responsible for using your receipt to submit the claim directly to Medicare.
14.7. CU Health does not guarantee that a Psychology appointment will qualify for a Medicare benefit or that Medicare will accept or pay your claim. Eligibility and payment are determined by Medicare in accordance with the applicable Medicare Benefits Schedule requirements.
14.8. Any Medicare benefit payable may be less than the fee charged by CU Health. You are responsible for any difference between the appointment fee and the Medicare benefit paid.
14.9. CU Health Member Support may assist with general questions about invoices, receipts and referrals but cannot determine your Medicare eligibility or guarantee the outcome of a Medicare claim. You should contact Medicare regarding your individual eligibility or claiming entitlements.
15. Access, Suspension and Service Changes
15.1. CU Health will restrict or suspend your ability to book or access CU Health Services where an amount payable by you is overdue.
Where reasonably practicable, CU Healthwill notify you of the outstanding amount and provide you with an opportunity to resolve it before restricting or suspending access.
15.2. CU Health may amend these Terms or its Privacy Policy from time to time, including to reflect changes to:
a. CU Health Services or technology;
b. legal, regulatory or professional requirements;
c. clinical, privacy or security practices; or
d. CU Health’s operational processes.
15.3. CU Health will notify you of material changes by email, through the CU Health Portal or by another reasonable method. The notice will identify when the amended terms take effect.
Your continued use of CU Health after the effective date will constitute acceptance of the amended terms. If you do not agree with the changes, you may cease using CU Health Services before they take effect.
15.4. CU Health may restrict, suspend or terminate your access to some or all CU Health Services where:
a. you breach these Terms or another applicable CU Health policy;
b. CU Health reasonably suspects fraudulent, unlawful or unauthorised activity involving your account;
c. CU Health reasonably considers that suspension is necessary to protect the health, safety, privacy or security ofyou or another person;
d. an amount payable by you remains overdue;
15.5. Where reasonably practicable, CU Health will notify you of a suspension or termination and provide the reason for the decision. CU Health may act without prior notice where immediate action is reasonably required to address a safety, security, legal, privacy or clinical risk.
e. your Organisation breaches, suspends orends its agreement with CU Health;
f. you are no longer eligible to access services under your Organisation’s agreement with CU Health; or
g. CU Health is required to do so by law, a regulator or a relevant professional obligation.
15.6. If you receive access to CU Health Services through an employer-funded arrangement and your employment or eligibility with that Organisation ends, your employer-funded CU Health account willbe deactivated.
Once your account is deactivated, you will no longer be entitled to access Organisation-funded appointments, vouchers or other benefits made available under that Organisation’s agreement with CU Health.
15.7. If you wish to continue receiving care through CU Health after leaving your Organisation, you must contact CU Health Member Support. CU Health may establish a new personal account for you, subject to service availability and CU Health’s applicable registration requirements.
You will be responsible for all fees and expenses associated with any ongoing care provided through your new personal account, unless another funding arrangement has been agreed with CU Health.
15.8. The deactivation of your employer-funded account does not affect:
a. CU Health’s obligation to retain andprotect your medical record;
b. your right to request access to or correction of your personal and health information;
c. any outstanding payment obligations; or
d. any ongoing clinical or administrative actions required in connection with care already provided.
Where appropriate, relevant information from your existing medical record may remain available to authorised CU Health Practitioners providing care through your new account, subject to applicable privacy, clinical and record-management requirements.
15.9. Access to the CU Health Portal may occasionally be interrupted because of:
a. scheduled maintenance;
b. software or security updates;
c. technical faults;
d. telecommunications or third-party service interruptions; or
e. circumstances outside CU Health’s reasonable control.
15.10. CU Health will take reasonable steps to minimise service interruptions and, where practicable, provide advance notice of planned maintenance. CU Health does not guarantee that the CU Health Portal or all CU Health Services will always be continuously available or free from interruption.
15.11. During a Portal interruption, you may contact CU Health Member Support for assistance. The CU Health Portal and Member Support are not emergency services. If you require emergency assistance, you must follow the instructions in Section 5.
16. Inappropriate Use
16.1. You must not use, or attempt to use, CU Health Services or the CU Health Portal:
a. for any unlawful, fraudulent, misleading or unauthorised purpose;
b. in a way that breaches these Terms or any applicable CU Health policy;
c. in a way that interferes with the proper operation, availability, integrity or security of CU Health Services;
d. in a way that infringes the rights, privacy, confidentiality or intellectual property of CU Health or another person; or
e. in a way that may cause harm, disruption or unreasonable inconvenience to CU Health, a CU Health Practitioner, another member or any other person.
16.2. You must not:
a. permit another person to access or use your CU Health account;
b. share your login or authentication details with another person;
c. access or attempt to access another person’s account, medical record or personal information;
d. impersonate another person or misrepresent your identity, eligibility, relationship with an Organisation or authority to act on behalf of another person;
e. create an account usingfalse, incomplete or misleading information;
f. book or attend an appointment using another person’s account;
g. attempt to bypass any security, authentication, eligibility, payment or access-control measure;
h. access any part of the CU Health Portal that you are not authorised to access; or
i. use automated tools, scripts, bots or similar technology to access, copy, extract or interfere with CU Health Services without CU Health’s prior written approval.
16.3. Unless expressly permitted by law or authorised by CU Health in writing, you must not:
a. copy, reproduce, modify, adapt,translate, distribute or commercially exploit any part of the CU Health Portal or CU Health Services;
b. reverse engineer, decompile or attempt toobtain the source code of any software used by CU Health;
c. remove or alter any copyright, trademark, confidentiality or proprietary notice;
d. use CU Health’s name,branding, content or intellectual property in a way that suggestsan unauthorised association or endorsement; or
e. reproduce or distribute Health Content other than for your own personal and non-commercial use.
16.4. You must not knowingly introduce, upload, transmit or distribute:
a. viruses, malware, spyware, ransomware or other Harmful Code;
b. content designed to disrupt, damage orobtain unauthorised access to a system, account orinformation;
c. material that is unlawful, defamatory, threatening, abusive, discriminatory, obscene or otherwise inappropriate; or
d. information or content that you do not have the lawful right or authority to provide.
16.5. You must not use CU Health Services to:
a. obtain prescriptions, referrals, medical certificates or other clinical documents through deception ormisrepresentation;
b. seek healthcare or clinical advice for another person through your appointment or account;
c. harass, threaten, intimidate or abuse a CU Health Practitioner or CU Health team member;
d. record or distribute an appointment contrary toSection 8; or
e. submit false or improper payment, voucher, Medicare or eligibility claims.
16.6. If you become aware of suspected unauthorised access, fraud, security concerns or inappropriate use involving your account, you must notify CU Health as soon as reasonably practicable.
16.7. A breach of this section may result in CU Health restricting, suspending or terminating your access in accordance with Section 15. CU Health may also report suspected unlawful conduct to your Organisation, a payment provider, a regulator, law-enforcement agency or another relevant authority where permitted or required by law.
17. Liability & Statutory Rights
17.1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law and, where applicable, the New Zealand Consumer Guarantees Act 1993.
17.2. CU Health Practitioners are responsible for exercising their own professional and clinical judgement when providing healthcare or wellbeing services. Clinical recommendations, diagnoses, treatment decisions, prescriptions and referrals will be based on:
a. the information available to the Practitioner;
b. the limitations of telehealth;
c. the Practitioner’s professional judgement; and
d. applicable legal, ethical and professional requirements.
17.3. CU Health does not guarantee:
a. a particular clinical, health or wellbeing outcome;
b. that a particular CU Health Practitioner, service or appointment time will always be available;
c. that telehealth will be appropriate for every health concern;
d. that a Practitioner will issue a prescription, referral, medical certificate, treatment plan or other clinical document; or
e. that the CU Health Portal will always operate without interruption, delay or technical error.
17.4. You remain responsible for:
a. providing complete, truthful and accurate information;
b. following reasonable clinical instructions;
c. seeking emergency or in-person care where required;
d. deciding whether to proceed with any optional referral or treatment recommendation; and
e. notifying the relevant Practitioner of material changes to your health or treatment.
17.5. CU Health and your Organisation will not be responsible for a failure or delay in providing access to CU Health Services where the failure or delay is caused by circumstances outside their reasonable control. These circumstances may include:
a. natural disasters or extreme weather;
b. public-health emergencies;
c. telecommunications, internet, electricity or technology failures;
d. failures or interruptions affecting third-party service providers;
e. industrial action;
f. government or regulatory action; or
g. other events that could not reasonablyhave been prevented or overcome.
CU Health will take reasonable steps to minimise the effect of the disruption and restore access where practicable.
17.6. Your Organisation funds or facilitates access to CU Health Services but does not provide healthcare or direct the independent clinical judgement of CU Health Practitioners. To the extent permitted by law, your Organisation is not responsible for individual clinical decisions made by a CU Health Practitioner.
17.7. To the extent permitted by law, CU Health will not be liable for loss or damage arising from:
a. information provided by you that is materially incomplete, inaccurate, misleading or out of date;
b. your failure to follow reasonable clinical advice or instructions;
c. your failure to seek emergency or in-person care when advised or reasonably required;
d. your unauthorised sharing of account or login information;
e. the acts or omissions of an external healthcare provider who is not engaged by CU Health; or
f. circumstances outside CU Health’s reasonable control.
This clause does not apply to the extent that the loss or damage was caused or contributed to by CU Health’s breach of law, negligence or failure to exercise reasonable care and skill.
17.8. To the maximum extent permitted by law, CU Health will not be liable for indirect, incidental or consequential loss that was not reasonably foreseeable as a result of CU Health’s conduct.
17.9. Nothing in these Terms excludes or limits liability for:
a. death or personal injury caused by negligence;
b. fraud, fraudulent misrepresentation or wilful misconduct;
c. a breach of privacy, confidentiality or health-record obligations where liability cannot lawfully be excluded;
d. a failure to comply with a consumerguarantee that cannot lawfully be excluded; or
e. any other liability that cannot legally be excluded or limited.
17.10. Where more than one person or organisation contributed to a loss, each person or organisation will only be responsible to the extent required under applicable law.
18. Governing Law
18.1. These Terms are governed by the laws of New South Wales, Australia.
18.2. Subject to clause 18.3, you and CU Health submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.
18.3. Nothing in this section limits any mandatory rights, protections or remedies available to you under the laws applying in the state, territory or country in which you receive CU Health Services, including any rights that cannot lawfully be excluded or restricted.
18.4. If any provision of these Terms is found to be invalid, unlawful or unenforceable:
a. that provision will be read down to the minimum extent necessary to make it valid and enforceable, where possible;
b. if the provision cannot be read down, it will be severed from these Terms; and
c. the remaining provisions will continue in full force and effect.
18.5. A failure or delay by CU Health to exercise a right under these Terms does not constitute a waiver of that right. A waiver will only be effective if it is provided in writing by CU Health.
19. Risk of Harm & Limits to Confidentiality
19.1. CU Health and CU Health Practitioners will treat information shared during appointments as confidential, subject to the circumstances in which information may or must be used or disclosed under applicable law, professional standards, these Terms and CU Health’s Privacy Policy.
19.2. If a CU Health Practitioner reasonably believes that there is a serious risk of harm to you or another person, they may take steps they consider reasonably necessary to assess, lessen or respond to that risk.
19.3. Depending on the circumstances, these steps may include:
a. asking you to confirm your current physical location and contact details;
b. asking you to contact emergency services or attend an emergency department;
c. recommending urgent assessment by an appropriate external healthcare provider or mental health crisis service;
d. contacting your nominated emergency contact;
e. contacting emergency services, police, a mental health crisis team, child-protection authority or another relevant service orauthority; or
f. disclosing relevant information to a person or organisation reasonably able to assist inpreventing or lessening the risk.
19.4. Where reasonably practicable and clinically appropriate, the CU Health Practitioner will discuss the proposed action or disclosure with you before it occurs. Prior consent or notice may not be sought where:
a. it is not reasonably practicable or appropriateto do so;
b. seeking consent or providing notice may increasethe risk;
c. urgent action is required; or
d. the disclosure is required or authorised by law.
19.5. Any disclosure made in response to a serious risk will, where reasonably practicable, be limited to the information necessary to assess, prevent or lessen the risk or to comply with a legal or professional obligation.
19.6. During a telehealth appointment, you agree to provide your current physical location and accurate contact information when requested by a CU Health Practitioner. This information may be needed so that appropriate assistance can be arranged if an urgent safety concern arises.
19.7. If an appointment disconnects or ends unexpectedly while a CU Health Practitioner reasonably believes that there may be a serious or immediate risk, the Practitioner may:
a. attempt to contact you using the details recorded in your account;
b. contact your nominated emergency contact; or
c. contact emergency services or another appropriate service.
19.8. Your Organisation will not ordinarily be informed about the content of your appointment, your health information or a risk assessment merely because it funds or facilitates your access to CU Health Services.
Information will only be disclosed to your Organisation:
a. with your consent;
b. where required or authorised bylaw;
c. where the Organisation is reasonably able to assist in preventing or lessening a serious risk and the disclosure is legally permitted; or
d. in a de-identified form that does not reasonably identify you.
19.9. CU Health and CU Health Practitioners cannot guarantee that every risk will be identified or that every action taken will prevent harm. You remain responsible for contacting emergency services or seeking urgent in-person care where required, in accordance with Section 5.
20. Privacy, Consent & Confidentiality - Young People Aged 13 to 17
CU Health is committed to providing a safe, respectful and confidential environment for young people and their families.
20.1. Eligibility and Consent to Treatment
CU Health Services are primarily intended for individuals aged 18 years and over.
CU Health does not provide services to children under 13 years of age.
As a condition of accessing CU Health Services, a person aged 13 years or older but under 18 may only access services where:
a. access for young people is included in the relevant Organisation’s agreement with CU Health or has otherwise been approved by CU Health;
b. the young person has been registered with their ow CU Health account and individual medical record;
c. documented written consent has been provided by both parents or legal guardians and approved by CU Health before treatment commences; and
d. the relevant CU Health Practitioner determines that the requested service and its delivery through telehealth are clinically appropriate.
A young person must not register, book or attend an appointment using the CU Health account of an employee, parent, guardian, family member or another person.
20.2. Completing the Consent Process
If you are registering a young person aged 13 to 17 for CU Health Services, documented written consent from parent(s) or legal guardian(s) must be provided before treatment can commence.
The required consent may be provided by:
a. contacting CU Health Member Support at support@cuhealth.com.au to complete CU Health’s digital consent process; or
CU Health may request information or supporting documentation to verify:
a. the identity of the person providing consent;
b. their relationship to the young person;
c. their legal authority to provide consent; and
d. any parenting arrangement, guardianship arrangement or court order relevant to the young person’s healthcare.
Services cannot commence until all required consent documentation has been received, reviewed and approved by CU Health.
20.3. Effect of Parent or Guardian Consent
Where documented written consent has been obtained and approved:
a. the young person may access CU Health Services in accordance with applicable laws, professional standards, ethical guidelines, these Terms and CU Health’s clinical requirements;
b. consent documentation will be securely retained as part of the young person’s medical record;
c. the relevant CU Health Practitioner will continue to determine whether the requested service, treatment or appointmentis clinically appropriate; and
d. the young person’s privacy will be managed inaccordance with this section, balancing appropriate confidentiality with the legal authority of parents or guardians and CUHealth’s legal, ethical, clinical and professional obligations.
Consent does not guarantee that a particular treatment, prescription, referral, document or service will beprovided.
CU Health may require additional or updated consent where:
a. the nature of the proposed care materially changes;
b. a different service or Practitioner is involved;
c. consent has expired, been withdrawn or become unclear;
d. parenting or guardianship arrangements have changed; or
e. CU Health otherwise reasonably considers that further consent is required.
20.4. Parental Responsibility and Disputed Consent
Where more than one person has legal parental or guardianship responsibility, consent arrangements will be managed in accordance with applicable law and any relevant court order, parenting arrangement or guardianship document.
The person providing consent must promptly advise CU Health if:
a. another parent or legal guardian objects to the young person receiving services;
b. their authority to provide consent changes or ends;
c. a relevant parenting arrangement, guardianship arrangement or court order is made or changed; or
d. any information previously provided to CU Health becomes inaccurate or incomplete.
Where one parent or legal guardian objects to treatment and there is no court order or other legal authority resolving the matter, CU Health may postpone or suspend appointments until the consent issue has been appropriately resolved.
20.5. Involvement of the Young Person
Where appropriate, the CU Health Practitioner will seek the young person’s agreement, or assent, to participate in treatment.
The Practitioner will involve the young person in decisions about their care in a manner appropriate to their age, maturity, understanding and individual circumstances.
CU Health’s requirement for documented parent or guardian consent is an eligibility condition for accessing its under-18 services. It does not prevent a Practitioner from considering the young person’s own maturity, capacity, views, privacy rights or ability to participate in decisions about their healthcare where required under applicable law and professional standards.
20.6. Unauthorised Access by a Person Under 18
If CU Health identifies that a person under 18 has registered for or accessed CU Health Services without the required eligibility, approval or documented written consent, CU Health may:
a. immediately suspend access to the CU Health Portal and any booked or future services;
b. contact the young person, where reasonably practicable, to advise thatthe required consent must be provided before services can continue;
c. contact the parent or legal guardian and request the required consent or supporting documentation;
d. cancel or postpone booked appointments;
e. where services are provided through an employer-funded arrangement, notify the Organisation’s nominated contact that access has been suspended because the applicable eligibility or consent requirements have not been completed, where reasonably necessary and legally permitted; and
f. take any other action reasonably required to protect the young person’s privacy, health or safety.
CU Health will not disclose clinical information or details about the young person’s health to the Organisation when providing an administrative notification under this clause, unless the disclosure is separately authorised or required by law.
Where the required consent or eligibility documentation is not received within 30 days, CU Health may permanently deactivate the account.
Personal information collected solely for an incomplete registration may be securely destroyed orde-identified where permitted by law. Any medical record, appointment information or other information CU Health is required to retain under applicable legislation or professional or ethical obligations will be retained in accordancewith Section 9 and CU Health’s Privacy Policy.
20.7. Communication with Parents and Guardians
At the commencement of care, the CU Health Practitioner will discuss practical communication arrangements with the young person and their parent or legal guardian, where appropriate.
This may include:
a. whether a parent, guardian or support person will attend any part of an appointment;
b. how and when treatment updates will be provided;
c. how communication will occur with parents or guardians who do not routinely attend appointments;
d. the types of information that may remain confidential between the young person and the Practitioner; and
e. the circumstances in which information may need to be disclosed without the young person’s agreement.
Any person attending an appointment must comply with the requirements governing accompanying persons in Section 7.
20.8. Confidentiality
Information shared by a young person during an appointment will be treated as confidential in accordance with applicable privacy laws, professional standards, these Terms and CU Health’s Privacy Policy.
Maintaining appropriate confidentiality supports trust and encourages open and honest participation in care.
A parent or legal guardian may receive information about the young person’s care where permitted by law and appropriate in the circumstances. Whether information can be disclosed will depend on matters including:
a. the young person’s age, maturity and capacity;
b. the parent’s or guardian’s legal authority;
c. the nature of the information;
d. the young person’s privacy, safety and best interests;
e. any relevant court order or parenting arrangement; and
f. the Practitioner’s legal, ethical and professional obligations.
Where appropriate, Practitioners may provide parents or guardians with general information about treatment progress, goals and recommendations without routinely disclosing the specific content of appointments.
Specific information discussed during an appointment may be shared with a parent, legal guardian or another person where:
a. the young person agrees to the information being shared;
b. the disclosure is reasonably necessary to provide or coordinate the young person’s care;
c. the Practitioner reasonably believes there is a serious risk of harm to the young person or another person;
d. disclosure is required or authorised by law; or
e. another exceptional circumstance makes disclosure necessary and appropriate, consistently with the Practitioner’s legal, ethical and professional obligations.
Where reasonably practicable and clinically appropriate, the Practitioner will discuss the proposed disclosure with the young person before information is shared.
20.9. Access to Health Records
Medical records maintained by CU Health are protected by applicable privacy legislation, professional standards, these Terms and CU Health’s Privacy Policy.
Access to a young person’s medical record may be available to:
a. the treating CU Health Practitioner and other authorised CU Health personnel who require access to provide, coordinate or administer the young person’s care;
b. the young person, where they have the maturity, capacity or legal right to access or make decisions about their health information;
c. a parent or legal guardian,where permitted by law and appropriate having regard to the young person’s rights, capacity, privacy, safety and best interests;
d. a person authorised by the young person or their legally authorised decision-maker; or
e. another person, organisation or authority where disclosure is required or permitted by law.
A parent or legal guardian does not automatically have an unrestricted right to receive the complete contents of a young person’s medical record.
Requests to access or correct a young person’s medical record will be considered individually in accordance with applicable privacy legislation, professional obligations and CU Health’s Privacy Policy. CU Health may require evidence of identity and legal authority before processing a request.
20.10. Serious Risk or Safety Concerns
Where there is a serious or immediate concern about the health or safety of a young person or another person, CU Health and the relevant CU Health Practitioner may act in accordance with Sections 5 and 19.
This may include contacting a parent or legal guardian, nominated emergency contact, emergency services, police, a mental health crisis service, child-protection authority or another person or service reasonably able to assist.
21. Definitions
21.1. In these Terms, unless the context requires otherwise:
CU Health means CU Health MC Pty Ltd and any related entity responsible for providing or administering CU Health Services or operating the CU Health Portal.
CU Health account or account means the individual account established for you to access the CU Health Portal and CU Health Services.
CU Health Member Support or Member Support means CU Health’s non-clinical support team, which assists with registration, account access, appointments, payments, vouchers and general administrative enquiries.
CU Health Portal or Portal means the technology platform through which you access CU Health Services, including any website, web-based portal or mobile application operated or made available by CU Health.
CU Health Practitioner or Practitioner means a healthcare or wellbeing professional engaged or authorised by CU Health to provide CU Health Services. This may include a General Practitioner, Nurse Practitioner, Registered Nurse, Psychologist, Counsellor, Dietitian, Health Coach, Executive or Performance Coach, or another appropriately qualified professional.
CU Health Services means the healthcare, mental wellbeing, coaching, educational and related services made available by CU Health through the CU Health Portal or another approved delivery method.
Employer-funded account means a CU Health account through which access, appointments, vouchers or other benefits arefunded or facilitated under an Organisation’s agreement with CU Health.
External healthcare provider means a healthcare professional, medical practice, hospital, pharmacy, allied health provider or other healthcare service that is not providing the relevant service on behalf of CU Health.
Harmful Code means any virus, malware, ransomware, spyware, malicious software, computer code or other technology designed or capable of damaging, disrupting, disabling, interfering with or obtaining unauthorised access to a device, account, system or information.
Health Content means general health and wellbeing information, educational resources, videos, articles, tools and other materials made available by CU Health.
Medical record means the clinical and health information maintained by CU Health in connection with thehealthcare or wellbeing services provided to you.
Organisation means an employer, membership organisation or other entity that has entered into an agreement with CU Health to fund, facilitate or provide access to CU Health Services for eligible individuals.
Organisation-funded service means an appointment, voucher, benefit or other CU Health Service paid for or subsidised by your Organisation.
Personal account means an account established independently of an Organisation-funded arrangement, under which you are responsible for the applicable fees associated with your care.
Privacy Policy means CU Health’s privacy policy, as amended from time to time.
Terms means these Terms of Service, as amended from time to time.
Voucher means a funding entitlement allocated to your account that may be applied to all or part of the cost of an eligible CU Health Service, subject to the conditions attached to it.
you and your mean the individual who has registered for, accesses or uses a CU Health account or CU Health Services.
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