Terms of Service

Last updated: 3 May 2022

 

  1. Terms of Service

    1. The CU Health Portal and Member Services are made available to you by CU Health on a voluntary (opt-in) basis.

    2. Member Services provided on CU Health’s Portal are administered by CU Health from within Australia.

    3. These Terms set out the terms which govern your use of the Portal.

    4. By ticking the box made available to you where the option ‘I accept’ or ‘I agree’ is presented in the registration process, you agree to be bound to these Terms of Service (Terms).

    5. CU Health may update these Terms at any time, and if you do not, or no longer agree to the amended Terms you must cease to use the Portal. If you continue to use the Portal after the Terms have been updated, CU Health will treat your continued use as an acceptance of the updated Terms.

  1. Definitions

    1. In these Terms:

      1. Affiliate Practice Program allows members to access video appointments with their Regular General Practitioner and requires their regular general practitioner or the medical practice at which the Regular General Practitioner is a regular general practitioner to have entered into a separate agreement CU Health, before those appointments are able to be included in Member Services.

      2. Company means your current employer who has entered into a binding agreement with CU Health or a related body corporate in relation to your access to and use of the Portal.

      3. CU Health means CU Health MC Pty Ltd, or such other entity that has the responsibility for administering or assisting with administering the Portal from time to time.

      4. CU Health Practitioner means a qualified healthcare professional with the title of General Practitioner, Dietitian, Psychologist or Health Coach, that has been pre-vetted by CU Health who has been onboarded onto the Portal to provide Member Services.

      5. Harmful Code means any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure, or destruction of data, including viruses, worms, spyware, adware, key loggers, trojans and any new types of programmed threats that may be classified, but excluding password and like features that are security features or intended elements of software used to prevent unauthorised access and use

      6. Health Coach means a Registered Nurse, who provides advice and services on the Portal.

      7. Intellectual Property Rights include:

        1. all copyrights.

        2. all rights in relation to inventions, plant varieties, trademarks (including service marks), designs and circuit layouts; and

        3. all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields,

but does not include:

        1. moral rights under Part IX of the Copyrights Act 1968 (Cth); or

        2. rights in relation to confidential information.

      1. Regular General Practitioner is an external general practitioner that has a pre-existing relationship with a member and who has been nominated by the Member to be included in their Member Services.

      2. Workday means Monday to Friday, except for public holidays.

  1. Portal Access

    1. Your use of the Portal is provided to you on the basis that you will use personal or Company devices and equipment to access Member Services, and no equipment is provided by CU Health as part of this agreement. 

    2. You may access the Portal features and Member Services in Australia and overseas.  

    3. Your access to the Portal and Member Services is subject to your Company’s continued performance of the separate Portal Agreement between your Company and CU Health, and should they breach terms of that agreement, your use may be revoked by CU Health providing you with notice and the same conditions as set out in clause 2.3.a.

    4. Your use of Member Services, including the payment of Member Service Fees, is sponsored by your Company as a direct benefit from your Company to you in connection with your employment with the Company. As a result, should the term of your employment with your Company cease at any time, CU Health cannot guarantee your ongoing use of the Portal and you may no longer be able to access your account.

      1. In this circumstance, CU Health will ensure your access to the Portal is extended for an adequate period of four (4) weeks after the date CU Health is notified by your Company so outstanding medical examinations, tests and investigations can be appropriately concluded and for your medical record to be suitably updated in preparation of a handover to any medical practitioner.

    5. CU Health may, without limiting its rights, terminate your access to the Portal, or suspend your use of the portal for any period of time, if you:

      1. breach any of the Terms or other conditions imposed by CU Health regarding your use of the Portal

      2. engage in misleading, deceptive, fraudulent, immoral, or illegal conduct

    6. In the event you wish to cancel your CU Health account, email support@cuhealth.com.au and CU Health will process the closure of your account within three (3) business days.

    7. CU Health may conduct maintenance or updates to the Portal, or otherwise temporarily cease to provide access to the Portal without notice.

  1. Appropriate Use

    1. You agree to use the Portal and Member Services exclusively for your own personal health and

      1. not on behalf of any other individual.

      2. not knowingly permit another person to use it on your behalf or for any other reason.

      3. not share your login details with any other person.

      4. you cannot assign your obligations or rights under these Terms.

    2. You may use a pseudonym to access Member Services to remain anonymous however if you use a pseudonym some services may not be possible. To find out more, email CU Health’s practice manager to schedule a confidential discussion support@cuhealth.com.au.

    3. On each occasion you use the Portal, you represent and warrant to CU Health that you have:

      1. complied with these Terms and all relevant laws.

      2. not provided CU Health with false or misleading information regarding your identity or health status.

      3. to the best of your knowledge, you have provided CU Health with true and accurate information.

      4. not transmitted unlawful, defamatory, obscene, offensive or scandalous material, or any material that would contravene any law or which may harass or cause distress to any person.

      5. not reverse engineered, or tried to copy, any software comprising the Portal.

      6. not violated any Intellectual Property Rights.  

    4. You agree to use the Portal in a compliant manner:

      1. with CU Health policies and procedures, as notified to you by CU Health from time to time.

      2. with Intellectual Property Rights of any third party and in a way that does not infringe those rights

      3. and not attempt to gain unauthorised access to materials or access information relating to another person (unless expressly permitted by CU Health or that other person)

      4. and only access materials to which you have been given express permission by CU Health

      5. that will not disrupt or impair the functionality, security, or integrity of the Portal

      6. without transmitting or inputting into the Portal any Harmful Code

    5. You acknowledge that your personal health information may be accessed by other persons within CU Health for the purpose of carrying out CU Health’s compliance and other functions and for operating and administering the Portal.

    6. You agree to ensure that the equipment you use to access Member Services on the Portal meets these minimum requirements:

      1. The most recent version of your operating system with the latest patches and updates applied.

      2. The most recent version of your internet browser with the latest patches and updates applied

      3. A working version of anti-virus software installed on your device with the definitions up-to-date and configured to scan for inbound and outbound emails and files.

    7. To the extent permitted by law, CU Health does not guarantee that there will not be any Harmful Code on the Portal or a breach of security by a third party or any interference with or damage to your computer system, software or data occurring in connection with or relating to this Portal.

    8. You agree that your use of the Portal is entirely at your own risk, and you have made your own assessment on the risk of using the Portal and any material on the Portal.

  1. Member Services

    1. You are entitled to unlimited video appointments with CU Health Practitioners during CU Health’s scheduled hours on every workday throughout the year.

    2. You are entitled to ten (10) video appointments with your Regular General Practitioner each year without any “out of pocket” expenses, subject to your Regular General Practitioner being associated with CU Health’s Affiliate Practice Program. You can nominate your Regular General Practitioner at any time through the Portal.

    3. CU Health Practitioners will only recommend appointments when it is clinically appropriate.

    4. You acknowledge and agree to all CU Health Practitioners having access to your personal health information for the purpose of providing you with healthcare under a shared-care model.

    5. You acknowledge that CU Health is not party to any relationship between you and CU Health Practitioners, and that any advice given by a CU Health Practitioner is not advice given by CU Health.

    6. All Member Services are provided by CU Health on a “best endeavours” basis. CU Health shall not be liable for any non-performance in connection with the Portal if it is prevented from performing that obligation by a circumstance beyond its reasonable control.

    7. Prescriptions are issued at the discretion of the CU Health Practitioner and CU Health cannot guarantee an appointment with a CU Health Practitioner will result in a prescription being issued. 

    8. CU Health is not responsible for any delay or failure for an appointment to take place. In this circumstance, CU Health will offer to reschedule your missed appointment.

    9. All healthcare professionals that provide Member Services are both duty and contractually bound to uphold the code of ethics (or equivalent) of their respective professional peak bodies. CU Health conducts vetting and reference checks prior to their appointment including obtaining a signed agreement from each healthcare professional to uphold the code of ethics which includes privacy and confidentially.

    10. All materials are provided “as-is” and CU Health does not warrant their accuracy, completeness, reliability, currency, or suitability for your circumstance.

    11. Any information authored by third parties does not necessarily reflect the policies, procedures, standard or guidelines of CU Health. You are responsible for making your own enquiries and decisions about the accuracy, reliability, currency and completeness of such information. To the extent permitted by law, CU Health accepts no responsibility and disclaims all liability arising from or connected to your use or reliance on any third party information.

    12. To the maximum extent permitted by law, CU Health excludes all liability and responsibility to you (or any other person) for any loss, damage, expense or claim resulting, directly or indirectly, in connection with your (or any other persons) use of or reliance on the Portal or materials, or death caused directly or indirectly by the CU Health Practitioner, and you release CU Health from liability for any claim arising from any of those circumstances.

  1. Fees

    1. The fees in connection with your use of Member Services are sponsored by your Company as a direct benefit to you by your employment with the Company, and as a result the fees payable by you for Member Services are waived. Other than for Member Services, CU Health makes no representations or warranties regarding other costs, compensation, or reimbursements you may be obliged to pay or entitled to in relation to your utilisation of the services on the Portal.

    2. In connection with your healthcare, you may be referred to external healthcare providers for further investigations such as physical examinations, pathology, radiology or appointments with medical specialists. If you are eligible for such consultations, tests and investigations to be covered by Medicare, CU Health will make the necessary arrangements however in the event you or the specific tests or appointments are not covered by Medicare there may be an out-of-pocket expense which is not included in your Member Services and as a result you  are solely responsible for such payments. Prior to ordering tests which are not included in the Member Services, CU Health will generally notify you of the fees. 

    3. You are responsible for the payment for the supply and delivery of pharmacy items and medications ordered in connection with your use of the Portal and Member Services.

  1. Your Obligations

    1. You agree to update your personal information as soon as possible by either notifying CU Health by phone or email or updating the profile section in the Portal.

    2. You agree to contact CU Health on 1300 284 325 or login to the Portal and book the next available appointment with the relevant CU Health Practitioner immediately if:

      1. you are directed over the phone, text message or receive a Portal notification to do so.

      2. you do not understand any questions or advice given by the CU Health Practitioner.

      3. your physical or mental condition or symptoms worsen. In the case of an emergency call 000 and then update your CU Health Practitioner as soon as possible.

      4. you experience side effects or other issues from any treatment or medication provided by the CU Health Practitioner.

    3. You agree to monitor your phone, email address and Portal messages as the designated means CU Health assigns tor the purpose of sending your communications. CU Health will not be liable for any delay or failure by you to monitor any electronic system or address.

    4. You agree to keep your Regular General Practitioner informed about any medical treatment, health status or when changes are made to your management plan by a CU Health Practitioner, unless you have explicitly requested CU Health to notify your Regular General Practitioner in such events.

    5. The materials provided by CU Health are not intended to be a substitute for medical advice, diagnosis, or treatment. You agree to consult with an appropriately qualified medical professional to obtain advice to interpret any materials provided by CU Health.

    6. If a CU Health Practitioner prescribes you with medication, you agree to carefully read the product packaging and information supplied with the medication.

    7. You agree to take full responsibility for your own online security and when using the Portal:

      1. take all reasonable steps to keep your login details you use to access the Portal secured from unauthorised use and disclosure.

      2. Check that you are using a secure site by making sure that the site address starts with “https” and looking for the padlock in the browser window.

      3. Configure your internet browser to minimise the likelihood that your computer or privacy will be affected by Harmful Code.

      4. Log out properly and close the browser window when you have finished your session, particularly when using a public or shared computer.

      5. Immediately notify CU Health and your Company of any unauthorised use of your CU Health account or if you suspect your computer has been impacted by Harmful Code or any other breach of security that you become aware of and take all other actions that CU Health deems necessary to maintain or enhance the security of the Portal.

    8. You agree to take responsibility to ensure that any files you upload to the Portal comply with these Terms.

  1. CU Health’s obligations

    1. In administering the Portal, CU Health agree to:

      1. take reasonable steps to ensure your health information and appointment notes are well organised and sufficiently detailed in accordance with best practice guidelines.

      2. ensure all video appointments are end-to-end encrypted and not recorded.

      3. hold your personal health information in confidence and not disclose that information unless deemed necessary by law or if we are directed by you.

      4. treat your personal health information provided by you in accordance with the Privacy Act 1988.

      5. collect, use and disclose your personal information in accordance with our Privacy Policy, as updated from time to time.

      6. take all reasonable steps to protect and safeguard your medical record

      7. conduct regular audits and perform risk assessments to ensure personal information held is protected from misuse, interference, and loss.

      8. use encrypted messaging portals integrated within the practice management system where possible to reduce the risk of privacy breaches.

      9. use reasonable endeavours to ensure accuracy, suitability, currency and completeness of the information provided on the Portal.

    2. CU Health does not give any representation or warranty that the Portal meets a particular security standard.

  1. General

    1. These Terms (including any supplementary terms within the Portal) set out the entire agreement between the parties.

    2. A reference to any legislation or legislative provision includes any statutory modification, substitution or re-enactment of that legislation or legislative provision.

    3. If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue in full force.

    4. These Terms are governed by the laws of in the State of New South Wales, Australia, and by using the Portal you agree to submit to the exclusive jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.

    5. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.