As a platform and Service provider we help facilitate Consent transactions for medical procedures. We do not recommend procedures, give Patients specific medical advice, financial advice, legal advice or any other advice, rather we provide a platform for Doctors to be able to provide information (including from Consentic’s Content) to Patients about a Procedure and for Patients to be able to provide Consent to such a Procedure. Consentic provides limited information about the relevant Procedure via an online video and other Content, the Doctor provides comprehensive information including information on material specific risks about the Procedure to the Patient and the Patient is able to Consent to such a Procedure. This means that in addition to this Agreement, You will have other contractual relationships with different legal entities (for example with your Patients, Patient Health Fund, Hospital) when you interact with the Website and Our Service.
In these terms
Agreement means these Terms and Conditions.
Access Fee means the fee payable to use the Consentic Service.
Consent means medical consent and/or financial consent where relevant.
Confidential Information includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available (other than through unauthorised disclosure by the other party).
Consentic means Pracway Pty Ltd ABN 92 623 589 284 trading as Consentic.
Consentic Account means your credit account registered with Consentic using the Stripe payment platform or other platform determined by Consentic.
Company means Consentic.
Data means any data inputted by You or with Your authority (for example data about the Patient, Procedure, Health Fund or other) into the Website.
Doctor means the person using the Service.
Health Fund means the Patient’s relevant health fund.
Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
Patient means Your patient for whom You are using the Service.
Procedure means the relevant medical procedure You have recommended to the Patient and for which You and the Patient access the Service.
Procedure Additional Information means the material specific risk information in relation to the particular Patient and Procedure You must include to form part of the medical consent.
Service means the service provided by Consentic via the Website in facilitating online Consent transactions for medical procedures, providing a mechanism whereby Doctors are able to provide information (including the Content) to Patients about a Procedure and for Patients to be able to Consent to such Procedure.
Us, We and Our means Consentic and our agents, officers, successors and advisors.
Website means the Internet site at the domain www.consentic.com or any other site or technology through which Consentic make the Service available.
You means the Doctor, and Your has a corresponding meaning.
- Provision of Services
- In using the Service You agree to the following:
- In using the Service You will be required to log in to the Website using your unique username and password. You will provide personal information about your Patient to Us. You will include Patient details, select the appropriate Procedure using the Website search functions, and include the Procedure Additional Information. You are solely responsible for supplying correct Patient details, selecting the correct Procedure and the Procedure Additional Information you include. The information provided by Consentic in the Content is general in nature and so it is Your responsibility to include specific tailored information to Your Patient about the Procedure including material specific risks for the Patient and Procedure. You are responsible for ensuring you have reviewed all material provided by the Website for relevance and accuracy prior to providing it to your Patient.
- The Website will prompt you to make payment of the Access Fee from your Consentic Account.
- The Service will generate a unique login (directly on screen, via SMS, email or other technological means) which will enable You and the Patient to log in to the Service, view the appropriate video and other Content that applies to the Procedure and allows the Patient to complete an online quiz/checklist (Checklist).
- If the Patient answers the Checklist correctly then the Patient will be directed to an online Consent form enabling the Patient to provide their medical consent to the Procedure and sign electronically. You will be notified by the Service once the Patient completes the
- If the Patient does not answer the Checklist correctly then You will receive an alert from the Service. You will be solely responsible for addressing and clarifying any misunderstandings, questions or concerns the Patient may have about the Procedure. You may make notes in the Patient profile within the Service. Once the Patient is satisfied that their questions or concerns have been addressed, the Patient may complete the
- You are solely responsible for full disclosure about the Procedure to the Patient including material specific risks for the Patient and Procedure. You are solely responsible for ensuring the Patient has understood the Procedure and material risks relevant to the Patient prior to providing their Consent.
- You will be notified by the Service once the Patient completes the Consent. You will be required to verify the Consent and sign electronically.
- If the Service is also to include a financial consent to the Procedure then either You or the Patient can enter the details of the Patient’s Health Fund, level of cover, excess component and any other relevant details into the Website, and the Service will generate an estimated out of pocket summary for the Patient. You must make the Patient aware that the estimate must be confirmed by the patient with You, Health Fund, Hospital and/or Anaesthetist as relevant. The Patient will then be directed to an online Consent form enabling the Patient to provide their financial consent to the Procedure and sign electronically. You will be notified by the Service once the Patient completes the
- You will be required to verify the
Consent and sign electronically.
- You have access to the Service for the particular Patient Procedure and to the Patient’s Consent for as long as You use Our platform.
- Your identity and electronic signature will be verified using three piece information verification within the Service.
- Once the Consent form is completed it forms part of the Patient’s electronic record and is emailed to You, the Patient, Your medical practice, Hospital and/or
Health Fund as relevant.
- You will only seek consent for procedures for which you have the necessary qualifications to perform.
- You agree that the Website itself, as well as all content, videos, sound files, text, data, graphics files products, services and/or other materials, made available on the Website by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company, and are the property of the Company and/or its third party providers.
- You agree that you are responsible for any costs relating to obtaining, installing and maintaining computer equipment and software required for You to access and use the Website and our Services.
- We may at any time modify our Services, which may include additional services; modify the manner in which the service is provided; modify the Content; and/or modify the Website, which may include technological requirements.
- Copyright & Intellectual Property
- All trade names, trademarks, and images and biographical information of people used in the Content and contained in the Website, including without limitation the name and trademark “Consentic”, are either the property of, or used with permission by, the Company.
- Content, including any and all software, tools, graphics and/or sound files, may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content and any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and other regulations and statutes, and may be subject to damages and penalties.
- Subject to clause 2.5, nothing contained in this Agreement or in the Website shall be construed as granting, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of Consentic or third party owner.
- Data: Title to, and all Intellectual Property rights in, the Data remain Your property. You grant Consentic a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Service and for any other purpose related to provision of services to You. You must maintain copies of all Data inputted into the Service. The Company adheres to its best practice policies and procedures to prevent data loss, but does not make any guarantees that there will be no loss of Data. The Company expressly excludes liability for any loss of Data no matter how caused.
- Accuracy of Content
- While the Company uses reasonable efforts to include accurate and up-to-date information and Content on the Website and in the Services, the Company makes no warranties or representations as to its accuracy.
- The Company assumes no liability or responsibility for any errors or omissions in the Content of the Website.
- Performance Issues
- We take no responsibility for, and will not be liable for, the Service being temporarily unavailable for reasons of conducting maintenance, improvements to Our systems or due to technical issues beyond Our control.
- We do not give any warranty that the Service or the Website are free from viruses or anything else which may have a harmful effect on any technology.
- The Company will use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the Data and files you store using the Website. Use of the Website is completely at your own risk.
- The Company’s site may contain hyperlinks to other websites for your convenience. The Company is not responsible for anything on those other websites or your use of those other websites and we are not endorsing any of them. If you access those other websites, you do so at your own risk.
- The Company does not warrant that use of the Website and/or Content will be uninterrupted or error free, that defects will be corrected, or that the Website, the Content, and/or the materials available on the Website are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections.
- The Company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider, Stripe payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider.
- The Company reserves the right to determine, in its sole discretion, whether the Company is responsible for any such malfunction or disruption.
- Access and security
- You must ensure that all usernames, login details and passwords required to access the Service are kept secure and confidential.
- You must immediately notify Consentic of any unauthorized use of Your passwords or login details or any other breach of security and Consentic will reset Your password and login details.
- You must take all other actions that Consentic reasonably deems necessary to maintain or enhance the security of Consentic systems and networks and Your access to the Services.
- When you register with the Company and/or the Website, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company.
- You consent to receive notices electronically by way of transmitting the notice to you by email.
- You may opt out of that communication by email to email@example.com.
- If you send comments or suggestions about the Website to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company.
- The Company shall exclusively own all rights (including intellectual property rights) to such submissions, and shall be entitled to unrestricted use, publication, and dissemination of such submissions for any purpose, commercial or otherwise.
- Confidentiality and Privacy
- You acknowledge and agree that Your Confidential Information may be disclosed to third parties such as the Patient, Health Fund and other relevant third parties in provision of the Service.
- Subject to clause 9.1, unless the relevant party has the prior written consent of the other or unless required to do so by law:
- Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
- Each party’s obligations under this clause will survive termination of these Terms.
- The provisions of clauses a. and b. above shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
- is independently developed without access to the Confidential Information.
- Suitability of Content
- The Company does not warrant or make any representations regarding the use of the Content on the Website, the results of the use of such Content, the suitability of such Content for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction.
- It is Your sole responsibility to ensure the Content selected on the Website for the Patient is appropriate and accurate for the Patient and the Procedure. It is Your sole responsibility to provide full disclosure to the Patient about the Procedure and ensure adequate Consent is given.
- It is the Patient’s sole responsibility to ensure that they understand the Procedure and Content on the Website. The Patient must address any questions or concerns they may have with You. The Company will not be responsible in any way for the Patient’s use of the Services.
- It is Your sole responsibility to include specific tailored information to Your Patient about the Procedure and ensure that the Patient understands the Consent and adequate Consent is given. It is Your sole responsibility to determine that the Services meet your needs and are suitable for the purposes for which they are used.
- Any information contained on the Website or in the Service or Content provided by the Company is not advice. It is of a general nature only and is not to be relied on. You must seek your own medical and legal advice. You agree to relieve Us from any liability whatsoever in this regard.
- You indemnify the Company against all claims, costs, damages and loss arising from Your breach of any of these Terms or any obligations You may have to the Company, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.
- You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, costs, damages, loss and expenses, including reasonable legal fees, arising out of or relating to:
- Your breach of this Agreement;
- any violation by You of any Law or the rights of any third party;
- any information, or other content of whatever nature or media that you post or share on or through the Website;
- your use of the Website or any services that the Company may provide via the Website; and
- your conduct in connection with the Website or the Services or with other users of the Website or the Services.
- You agree to provide any assistance required in any claim made by the Company under these Terms.
- We do not make any representations or warranties regarding the Procedure or accuracy of the Services or the Content. You agree to relieve us from any liability whatsoever in this regard.
- You are solely responsible for:
- full disclosure about the Procedure to the Patient;
- ensuring the Patient has understood the Procedure prior to providing their Consent;
- ensuring the Patient’s unique situation and needs including material risks specific to the Patient have been considered and addressed; and
- ensuring the Patient’s Consent has been adequate,
and You relieve Us from any liability whatsoever in this regard.
- To the maximum extent permitted by law, the Company excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, equipment, profits, savings, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the Website, Service, the Content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
- In no event shall the Company nor any other party involved in creating, producing or maintaining the Website and/or any Content on the Site be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not.
- The Company gives no warranty about the Services or the Website. Without limiting the foregoing, the Company does not warrant that the Services or the Website will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law.
- You warrant and represent that you are acquiring the right to access and use the Services and Website for the purposes of health care provision and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
- If you are not satisfied with the Service or Website, your sole and exclusive remedy is to terminate this agreement by ceasing to use the Service and Website.
- Breach of Terms
- The Company reserves the right to limit or refuse access to the Website and/or the Company’s Content, products and/or Services to anyone in its sole discretion.
This Agreement shall be governed by and construed in accordance with the laws of the state or territory in which delivery of the Service is made.
- Application and Interpretation
- If you breach these Terms and the Company takes no action against you this does not mean that the Company has waived its rights and remedies with regard to your breach. The Company may still take action or exercise its rights and remedies for that action, or any other situation, where you breach Your obligations under these Terms.
- We may by notice in writing to you assign the rights and obligations of this agreement.
- Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Consentic must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Consentic. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
- All provisions in this Agreement apply equally to and for the benefit of the Company and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that obligations under or in connection with this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it. This means that other than as set out in the first sentence above, You and Us are the only people who can enforce the terms of this Agreement.
- In any event, the provisions of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Service or Website again, then the provisions of the terms and conditions that then apply will govern your re-use of the Service or Website.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: 21 August 2019[/vc_column_text][/vc_column][/vc_row]