Terms of Service – Patient
Last updated: January, 2025
Related pages: Terms of Service (Clinics) | Privacy Policy |
1. Background
1.1 ApolloScribe Pty Ltd (ABN: 89 648 250 024) (We, Our or Us) provides the ApolloScribe platform that enables Patient Users to provide pre-consultation information to their clinic and use other related functionalities (the Platform).
1.2 In these Terms, a reference to You or Your is a reference to a Patient User of the Platform. Other capitalised words are defined at the end of these Terms.
1.3 These Terms set out the basis on which We permit You to access the Platform. By accessing and using the Platform, You agree to be bound by these Terms and Our Privacy Policy located at https://patientflow/privacy-policy (Privacy Policy), as amended from time to time.
1.4 We may amend these Terms at any time by publishing the amended version on Our website or by otherwise providing notice to You, such as by email or notification in the Platform. Any such amended version will apply to Your use of the Platform from the date of its publication or Our notice to You.
2. Your access to the platform
2.1 We grant You access to the Platform on the basis that You:
(a) will comply with these Terms at all times; and
(b) will comply with any reasonable request by Us in relation to Your use and access of the Platform.
2.2 By accepting these Terms, we grant You a limited, non-exclusive and revocable licence to access and use the Platform. We may issue this licence to You on any further terms or limitations as determined by Us.
3. Account registration
3.1 In order to access the Platform, You must confirm your acceptance of these terms using the consent checkbox provided. We may set registration requirements at Our discretion, including those contained in clause 3.2.
3.2 You agree and accept that:
(a) 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;
(b) You are responsible for any information that You (or any third party authorised by You) enter into the Platform;
(c) You are not permitted to access or Use the Platform if You are under the age of 16;
(d) in order to protect Your Personal Information and Health Information, We may restrict access until Your identity can be verified, including where You fail to supply the correct verification information; and
(e) any person who uses the Platform other than the Patient User themselves warrants that they are an authorised representative of that Patient User, or their parent or their legal guardian, and have the requisite authority to bind the Patient User to these Terms.
4. Acceptable use and your obligations
4.1 In accessing or using the Platform, You must ensure that You do not:
(a) breach any laws, or encourage or assist the commission of any illegal act;
(b) infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
(c) include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Platform or any device accessing the Platform;
(d) impersonate any other person;
(e) negatively impact any other Patient User’s ability to access and use the Platform;
(f) publish or link to malicious content;
(g) vexatiously or frivolously use the Platform;
(h) engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage Our reputation or Our services
5. Availability of the platform
5.1 While we take all reasonable steps to limit any interruptions to Your access to the Platform, You acknowledge and agree that:
(a) Your access to the Platform may be prevented by issues outside of Our control;
(b) We do not promise continuous or error-free access to the Platform, including as to any third party services facilitated by the Platform;
(c) the functionality of the Platform may change or be improved from time to time; and
(d) You are able to prepare for, or manage, unscheduled unavailability of the Platform by:
(i) retaining copies of the information stored within the Platform; or
(ii) contacting Your Practitioner directly.
6. Third party information
6.1 You acknowledge and agree that:
(a) the Platform provides links to third party websites;
(b) We are not responsible or liable in any way for any information contained on any linked third party website, including medical or clinical information; and
(c) We provide and operate the Platform only, and are not responsible for, or liable with respect to, the accuracy or completeness of any information or data which is provided or communicated to You via the Platform by Your Medical Practice or Practitioner, or any other user of the Platform.
7. Data
7.1 We take the security of the Platform and the privacy of Patient Users very seriously. You agree that:
(a) You will not do anything to prejudice the security or privacy of Our systems or of the information on Our systems;
(b) You are solely responsible for the security of any internet links or details for accessing the Platform; and
(c) You will notify Us immediately if You become aware of any unauthorised access to the Platform.
7.2 We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards, however You accept that the internet is not a fully secure environment and We cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If You provide Us with information via the internet, You do so accepting this risk.
7.3 We may limit the amount of data that You can store in the Platform, and will advise You of such limitation. Data that is stored with Us will be stored according to accepted industry standards.
7.4 We will perform backups of the Platform in a reasonable manner at such times and intervals as are reasonable for Our business purposes. We do not warrant that We are able to backup or recover specific Patient User content from any period of time, unless so stated in writing by Us.
8. Privacy
8.1 By using the Platform, You acknowledge and agree that:
(a) We will collect any Personal Information (including any sensitive Health Information) You provide to Us or Your Medical Practice or Practitioner via the Platform, and We will manage and deal with this Personal Information in accordance with Our Privacy Policy;
(b) We may share Your Personal Information or Health Information with any Medical Practice or Practitioner authorised by You, or with whom You request a Booking, or otherwise communicate, with via the Platform;
(c) the Medical Practice You request a Booking with, or otherwise communicate to, via the Platform may have its own policy governing access to this information – Our Privacy Policy does not govern, and we make no representations in relation to, how Your Medical Practice or Practitioner handles Your Personal Information, and You should direct any such enquiries to them directly;
(d) any consent given by You through the Platform is valid and binding unless and until revoked by You, and a Medical Practice or Practitioner may rely on a consent given through the Platform without any need to further verify that consent;
(e) We may send You emails, text messages, push notifications and other alerts on behalf of Us or Your Medical Practices and their Practitioners, for purposes such as confirming your Booking, providing clinical or appointment reminders, facilitating patient surveys and providing You with Your access the Platform; and
(f) We may also collect browsing information about You from Your use of Our website, which uses cookies (a small tracking code in Your browser) to improve Your experience while browsing. You may manage how You handle cookies in Your browser settings.
8.2 If, at any time, You provide or upload Personal or Sensitive Information or other information about someone other than Yourself to the Platform, You warrant that You have that person’s consent to You providing such information (including their Personal and or Sensitive Information) to Us for the purpose specified.
8.3 If You provide anyone else access to the Platform (including providing anyone else with details to access the Platform), then You consent to that person accessing the Platform on Your behalf, including accessing Your Personal Information.
8.4 If You suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Platform, You
9. Suspension or termination of access
9.1 We may, in Our sole discretion:
(a) revoke, suspend or end Your licence and access to use the Platform
9.2 We will ordinarily advise a User of any suspension, revocation or termination, however We are under no obligation to do so.
9.3 If We permanently end Your access to the Platform, information We have collected about You may be either:
(a) permanently deleted or de-identified; or
(b) retained in accordance with any applicable regulatory requirements.
9.4 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.
10. Intellectual property
10.1 We (or Our licensors) retain ownership of all intellectual property rights in and to the Platform, including messages and content We make available to You.
10.2 Nothing in these Terms transfers any intellectual property or proprietary rights in the Platform. Except as permitted by these Terms or under the Copyright Act 1968 (Cth), You must not:
(a) copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services, content, technology or intellectual property rights obtained through Your use of the Platform;
(b) 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; or
(c) rent, lease, lend, resell or sub-licence Your rights to use and access the Platform.
10.3 You grant Us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions You make to the Platform in connection with its operation by Us, including without limitation insights, ideas, feature requests, suggestions or other information provided by You with respect to the Platform.
11. Liability and indemnity
11.1 To the extent permitted by law, You acknowledge and agree that:
(a) Your use of the Platform is at Your own risk;
(b) 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;
(c) We make no representation or warranty that an appointment time is actually available or that a Medical Practice will confirm a Booking request. It is Your responsibility to contact the Medical Practice if the Medical Practice experiences any issues with Your Booking request, Booking, Reminder or Recall made via the Platform, including any delay;
(d) the Platform is not designed for, and must not be relied upon in relation to, any critical, emergency or acute care medical circumstances.
(e) the Platform does not provide medical advice, nor does it hold itself out to provide medical advice;
(f) 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, Medical Practice or Practitioner; and
(g) under no circumstance will We be liable for:
(i) any illness, injury, or death resulting from use of the Platform; or
(ii) 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.
11.2 You agree to indemnify Us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that We may suffer or incur as a result of any breach by You of these Terms.
11.3 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.
12. General
12.1 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.
12.2 No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
12.3 The laws of the state of New South Wales, Australia govern these Terms, and You agree to the non-exclusive jurisdiction of courts in the State of New South Wales, Australia for any disputes which might arise.
12.4 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.
12.5 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.
13. Interpretation
13.1 The following terms are used regularly throughout these Terms and have a particular meaning:
(a) Account means a Patient User’s account on the Platform.
(b) Booking means an appointment with a Practitioner that is communicated by the Platform.
(c) Health Information has the same meaning as in the Privacy Act.
(d) Medical Practice means a medical practice, healthcare practice or other organised or incorporated body that provides healthcare services by appointment with medical practitioners or other health professionals, and includes a Practitioner or other staff members where implied by context.
(e) Patient User means a person who accesses or uses the Platform as a patient or consumer of health services, such as to register their details or supply information to a Medical Practice.
(f) Personal Information and Sensitive Information has the meaning given to that term by the Privacy Act.
(g) Practitioner means a medical practitioner, health professional or other individual with whom notifications and requests for information may be made and managed via the Platform.
(h) Privacy Act means the Privacy Act 1988 (Cth).
(i) Recall means a clinical reminder sent to a Patient User via the Platform
(j) Reminder means an upcoming appointment reminder sent to a Patient User via the Platform.
(k) Terms means these Terms of Service.
13.2 The following rules apply unless the context requires otherwise:
(a) headings and explanations are for convenience only and do not affect interpretation;
(b) the singular includes the plural and the opposite also applies;
(c) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
(d) a reference to a clause or item refers to clauses and items in these Terms including the Schedules;
(e) a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
(f) mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;
(g) 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
(h) a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.