Terms and Conditions

1. General Terms

Telebuds Pty Ltd (ACN 684 164 314) and its related bodies corporate (Telebuds, we, us, our) is a medical clinic that provides services by health practitioners, including telehealth consultations (Services).

These Terms and Conditions govern the use of Telebuds Services and the https://telebuds.com.au/ website and any other digital media and service platforms used by Telebuds to provide its Services (Site). The terms of our privacy policy (https://telebuds.com.au/privacy-policy) (Privacy Policy) are hereby incorporated into these Terms and Conditions.

By accessing and using the Site and / or receiving the Services, you accept and agree to be bound by these Terms and Conditions in full, including the terms and condition of the Privacy Policy. Do not continue to use this Site or receive the Services if you do not agree with these Terms and Conditions.

2. Telebuds Services

Telebuds provides Services which are facilitated through the Site. Any treatment, including issuance of prescriptions for medicine (Treatment), is at the sole discretion of Telebuds medical practitioners. A Treatment may be refused if it is deemed medically unnecessary or inappropriate following your consultation.

Telebuds may determine, in its sole discretion, which of its medical practitioners will provide the consultation.

Telebuds may, in its absolute discretion, refuse or cease providing Services at any time or for any reason.

3. Your Information

Telebuds relies on the information you provide through the Site or otherwise to be able to provide the Services. You must therefore ensure that you:

1. provide true, accurate, current and complete information, including your full name, date of birth, contact details, Medicare card, medical history and other information requested on the Site or otherwise by Telebuds or its medical practitioners (Your Information); and
2. maintain and promptly update Your Information and ensure it remains correct, accurate, complete, and fully up to date at all times.

You warrant to us that you have the legal capacity, right and authority to agree to and abide by the Terms and Conditions.

You may nominate a representative to assist you in obtaining the Services or using the Site (Representative). We may require you to provide further information to enable us to liaise with your Representative. You remain at all times responsible for the conduct of your Representative in receiving the Services or using the Site.

4. Permitted use

You are permitted to use the Site for personal use only and in compliance with these Terms and Conditions.

Subject to the Terms and Conditions, Telebuds grants to you a non-transferrable, non-exclusive, revocable licence to the Site for personal, non-commercial use. By accessing and using the Site, you acknowledge and agree that Telebuds does not grant any right or license for a person to use the Site, except as expressly specified in these Terms and Conditions.

You acknowledge and agree that all content and materials available through the Services and on the Site, including graphics, website name, code, images, logos are the property of Telebuds or licensed to Telebuds and are protected by applicable laws. Nothing in these Terms and Conditions transfers to you or any third party any rights, title or interest in or to any intellectual property rights of Telebuds.

You must not:

1. disseminate, republish, rent or sub-license, reproduce, duplicate or copy or redistribute any portion of the information or other material contained on the Site, except as expressly specified in these Terms and Conditions;
2. reverse engineer, disassemble or otherwise construct or identify this Site’s source code, formulas or processes or purport or attempt to do any such acts;
3. use the Services or the Site to engage in any unlawful or fraudulent activity; and
4. share inappropriate, illegal or offensive content.

Telebuds reserves the right to modify, suspend or discontinue the Site or any part thereof, at any time and without notice. You agree that Telebuds will not be liable to you or any other party for any modification, suspension or discontinuance of the Site or any part thereof.

5. Choice of Pharmacy

We work with partner pharmacies that we may recommend you use to dispense any medication that a registered health practitioner prescribes you following your use of the Services.

We may recommend that you use a partner pharmacy as we have a good working relationship with those partner pharmacies and are aware of the stock that they hold from time to time. We may recommend a partner pharmacy to you based on the medication you are prescribed and your geographic location to facilitate timely delivery of your medication by that recommended pharmacy.

You are not required to use a partner pharmacy and you can, prior to your consultation, request that we provide you with a copy of your prescription for you to attend and present to any pharmacy of your choice. We cannot guarantee that your selected pharmacy will have your prescribed medication in stock, or be able to obtain and dispense your medication in a timely manner.

If your selected pharmacy is not a partner pharmacy and requires that we provide a copy of any approval letters issued to the Telebuds registered health practitioners, we may charge you an administration fee to collate the requested documents, redact all personal information of the registered health practitioner from the documents and deliver the documents to your selected pharmacy.

6. Fees

We will charge you fees for our Services at the price advised from time to time (Fees). You agree to pay the Fee for each consultation at the time and in the manner instructed by Telebuds. All transactions are processed in Australian dollars.

Fees ordinarily exclude the cost of any medicines prescribed as part of the Treatment.

In some circumstances, Telebuds may act as a collections agent for the pharmacy you select to dispense medication prescribed to you by a registered health practitioner following your use of the Services. In such situations, the Fees shall include the cost of the medication, which Telebuds will remit to your selected pharmacy on your behalf and at your request, at the sole and absolute discretion of Telebuds.

Telebuds has the right to reject such a request at any time and for any reason.

You acknowledge and agree that Telebuds is not supplying you with any medication and the collection of the cost of medication by Telebuds occurs in its sole capacity as the agent of the pharmacy supplying such medication to you.

6A. Complimentary Consultations and Promotional Offers

Telebuds may offer initial consultations at no cost from time to time.

Patients may also access one (1) free return consultation every three (3) months through the telebuds patient portal. Additional return consultations within that period may be privately billed at the prevailing fee.

Free services are offered at the sole discretion of Telebuds. We reserve the right to decline to provide free services in circumstances including (without limitation) where Telebuds considers it may not be the most appropriate clinic to provide you with safe care, where you have previously failed to attend a free service appointment, or where providing the service would otherwise be inappropriate in our reasonable opinion. Telebuds may take reasonable steps to prevent misuse or abuse of free service offers.

7. Shipping and Delivery Policy

If you use a partner pharmacy recommended by Telebuds, the partner pharmacy will deliver your medication using StarTrack. Shipping costs are flat rate of $20 and will be added to the cost of medication that is collected by Telebuds. Medication orders are typically dispatched within 1 business day. Shipping times are estimated between 1 – 4 business days, depending on your location.

8. Refund Policy

We do not normally give refunds for Services already rendered, or for an appointment booked by a patient where the patient has cancelled or failed to attend their scheduled appointment without providing 24 hours advance notice to telebuds. 

The Services come with guarantees that cannot be excluded under the Australian Consumer Law.  Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.

Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon us in respect of a breach of warranty will at its option be limited to the resupply of the Services or the refund of the price paid for the Services at our sole election

To the extent permitted by law, we are not liable for any indirect or consequential damage, losses or expenses suffered or incurred by the you, howsoever caused arising from your receipt of the Services or your use of any medication prescribed to you.

9. Privacy Policy

We collect personal information about You in order to provide Services and for other purposes set out in our Privacy Policy.
We may disclose that information to third party service providers who help us deliver our services, such as our information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators, our business partners or as required by law, including to the Australian Department of Health and state authorities. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Our Privacy Policy contains further information about:

1. how we store and use personal information;
2. how users can access and seek correction of your personal information;
3. how users can make a privacy-related complaint; and
4. our complaint handling process.

By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information (including Your Information) in accordance with our Privacy Policy.

10. Limitation of Liability and Indemnity

Unless otherwise expressly stipulated in these Terms and Conditions, Telebuds makes no express or implied warranties, and excludes all liability, regarding the Site or the Services, including regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error.

Where Telebuds is unable to exclude liability, then to the maximum extent permitted by law, the maximum aggregate liability of Telebuds under these Terms and Conditions, whether arising under contract, in tort (including negligence), under statute, in equity or otherwise at law, is limited to the Fees paid by you in the 3 months preceding the event giving rise to the loss or damage.

Notwithstanding anything else in these Terms and Conditions, we will not be liable to you, whether arising under contract, in tort (including negligence), under statute, in equity, or otherwise at law, for any indirect or consequential loss or damage, including but not limited to loss of profit, loss of revenue, loss of business or contracts, business interruption, special damages or pecuniary loss, or loss of data

The Site and the Services are provided on an “as is” basis, and you agree to use the Site and/or the Services at your sole risk,

You indemnify and hold harmless Telebuds, its related entities, agents, officers, employees and any of its third party service providers (Indemnified Parties) against any and all loss, expense, cost or damage (including legal costs) which Indemnified Parties suffer directly or indirectly due to or resulting from your:

1. breach these Terms and Conditions as varied or updated from time to time;
2. breach of any warranty or representation;
3. violation of any applicable laws; and
4. reckless or negligent act or omission.

11. Other General Terms

Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions  without seeking (in good faith) to resolve that dispute with the other party, unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Entire agreement and Severability: These Terms and Conditions contain the entire understanding and agreement between you and us in respect of the Site and the Services. If any provision of the Terms and Conditions is deemed unenforceable or invalid by a court, this will be deemed to be deleted and will not affect the operation or interpretation of any other provision of the Terms and Conditions.
Amendment: We may, at any time and at our discretion, amend or update these Terms and Conditions by publishing varied terms on the Site. All such amendments or updates are effective from the date they are published on the Site or notified to you. By continuing to use the Site or the Services, you agree to be bound by the amendments to the Terms and Conditions.
Governing law: These Terms and Conditions are governed by the laws of the State of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites, and any goods or services provided by third-parties. We recommend that you make your own investigations with respect to the suitability of those websites. Please note that these Terms and Conditions do not apply to any goods or services you request or acquire from a third-party.