These Terms govern your access to and use of His Medical Clinic services. By using our services, you agree to these Terms. These Terms incorporate our Privacy Policy and our Complaints, Refunds and Returns Policy.
1. Definitions
“His Medical Clinic”, “we”, “us” and “our” means His Medical Clinic Pty Ltd, ABN 31690400554, and any related bodies corporate and authorised contractors that provide the Services in your jurisdiction.
“Services” means our telehealth, digital health, clinical and related services.
“Clinicians” means registered health practitioners engaged by us.
“You” means the individual using our Services.
If there is an inconsistency between these Terms and any other policy, these Terms prevail to the extent permitted by law.
2. Nature of Services
We provide regulated telehealth services delivered by registered clinicians.
Telehealth:
- Has inherent limitations
- Is not suitable for all conditions
- Does not replace emergency care
We do not provide emergency services and do not monitor patients in real time. If you require urgent assistance, contact emergency services.
Information on our website is general information only and is not medical advice. Clinical advice is provided only through a consultation with a clinician.
3. Eligibility
To use our Services, you must:
- Be 18 or older
- Be legally capable of contracting
- Provide accurate information
- Be located in a jurisdiction where we lawfully operate
You must be located in a jurisdiction where we are permitted to provide Services at the time of each consultation. You must provide accurate location information when requested. We may decline to provide Services where we cannot verify eligibility or location.
We may verify identity and location.
4. Clinical Decision-Making
All clinical decisions are made by registered practitioners who exercise independent clinical judgment.
We do not guarantee:
- A prescription
- A specific medication
- Approval for treatment
- Ongoing care
Clinicians may refuse treatment where clinically inappropriate or unsafe.
5. Prescriptions and Pharmacy Selection
Where clinically appropriate, a clinician may issue a prescription as part of your care.
You acknowledge and agree that:
- You are free to have your prescription dispensed at any pharmacy of your choosing
- His Medical Clinic does not require, mandate, or restrict your choice of pharmacy
- Prescriptions may be:
- Provided directly to you; or
- Sent to a pharmacy nominated by you
Where you request assistance, we may facilitate transmission of your prescription to a pharmacy for convenience. Any such facilitation is administrative only.
Pharmacies are independent entities and are responsible for:
- Dispensing accuracy
- Labelling
- Storage and handling requirements (including cold chain)
- Compliance with applicable pharmacy regulations
His Medical Clinic does not control or direct pharmacy operations and is not responsible for the services provided by a pharmacy, except to the extent required by law.
Nothing in this clause limits your rights under applicable law.
6. Allied and Non-Medical Services
Certain programs offered through our platform may include services provided by allied health professionals, lifestyle practitioners, coaches, or other non-medical service providers (“Allied Providers”).
Allied Providers may include, without limitation:
- Personal trainers
- Nutritionists or dietary advisors
- Counsellors or sex therapists
- Health or lifestyle coaches
- Exercise professionals
- Other wellbeing practitioners
Nature of Services
Services provided by Allied Providers:
- Are not medical services unless expressly stated;
- Do not constitute diagnosis, prescription, or clinical treatment;
- Are delivered within the provider’s qualifications and scope of practice;
- Are not a substitute for medical advice from a registered health practitioner.
You should consult a registered clinician for diagnosis, treatment decisions, or emergency care.
Independent Providers
Allied Providers exercise independent professional judgment. Allied Providers are independent contractors and are not employees, agents, or partners of His Medical Clinic beyond the limited program engagement described in these Terms.
To the extent permitted by law, His Medical Clinic is not responsible for services provided by an Allied Provider outside the agreed program scope or outside their professional qualifications.
Nothing in this clause excludes any non-excludable rights under applicable law.
Integration with Clinical Services
Where Allied Services form part of a broader care program, clinical decisions remain the responsibility of registered health practitioners. Allied Providers do not make medical diagnoses or prescribe medication unless separately qualified and engaged to do so.
Limited Allied Services Engagement
Where Allied Providers are engaged as part of a program offered by His Medical Clinic, their services are limited to the number of sessions or duration specified at the time of purchase.
His Medical Clinic is responsible only for coordinating and facilitating those specified sessions.
If you choose to continue engaging an Allied Provider beyond the sessions included in your program:
- Any further services are provided under a separate private arrangement between you and the Allied Provider;
- His Medical Clinic is not a party to that arrangement;
- We do not control, supervise, or assume responsibility for services provided outside the original program scope;
- Any continued services are arranged directly between you and the Allied Provider, and fees for such services are payable directly to that provider unless otherwise agreed in writing.
Nothing in this clause excludes any rights or remedies you may have under applicable law in relation to services supplied by us.
7. Patient Responsibilities
You agree to:
- Provide truthful information
- Follow clinical advice
- Use medications only as prescribed
- Not misuse prescriptions
- Not obtain medications fraudulently
8. Acceptable Use
You must not:
- Use the Services unlawfully
- Attempt to obtain medications fraudulently
- Create multiple accounts
- Impersonate another person
- Interfere with platform security
- Harass clinicians or staff
- record consultations without consent where prohibited
- share access credentials
- scrape, probe, or test platform security or resilience
- misuse chargebacks or payment disputes in bad faith
We may suspend or terminate your access immediately if you breach these Terms.
9. AI Use
AI tools may assist workflows. They do not replace clinician judgment.
10. Payments and Subscriptions
You agree to pay all applicable fees.
We will disclose applicable fees, subscription renewal cadence, and pricing before purchase. Prices may change from time to time; changes will not affect orders already placed or subscription periods already paid.
Subscriptions:
- Renew automatically
- May be cancelled before the next billing cycle
Except where required by law, fees paid for a subscription period are not refundable once the billing cycle has commenced.
- Are non-refundable unless required by law
Lodging a complaint does not pause billing. Where a billing dispute is raised, disputed charges may be placed under review and, where appropriate, enforcement actions paused while investigating.
11. Platform Availability
We do not guarantee uninterrupted access. We may suspend access for maintenance, security, or operational reasons and will provide notice where practicable. We are not responsible for outages caused by events outside our reasonable control, including failures of third-party networks, devices, or cloud services.
12. Force Majeure
We are not liable for failure to perform due to events beyond our control, including cyber incidents, regulatory changes, pandemics, supply chain disruption or government action.
13. Limitation of Liability
To the maximum extent permitted by law:
- We exclude liability for indirect or consequential loss
- Liability is limited to the amount paid for the relevant service
Nothing excludes liability for death or personal injury caused by negligence, fraud or any liability that cannot be excluded by law.
For Australian consumers, our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Where a failure is not major, we may choose to remedy the failure by providing the Services again or refunding the portion of the fee relating to the affected Services, to the extent permitted by law.
14. Intellectual Property
All intellectual property rights in our platform, content and materials are owned by or licensed to His Medical Clinic. You may use the Services for personal, non-commercial purposes only.
15. Termination
We may suspend or terminate your access immediately if you:
- Breach these Terms
- Misuse the service
- Engage in fraud
- Pose a risk to safety
- Are required to be terminated by law
You may stop using the Services at any time.
16. Governing Law and Disputes
These Terms are governed by the laws of New South Wales, Australia. All disputes must be brought exclusively in the courts of New South Wales, except where mandatory local laws apply.