• The website mygreen.clinic is owned and operated by My Green Clinic Pty Ltd ABN 746 876 123 71. My Green Clinic clinical operations are provided by My Telehealth Medical Services Pty Ltd ABN 86 667 533 388 who provide clinical and administrative support to patients of My Green Clinic

Personal data and information that is provided to My Telehealth Medical Services Pty Ltd is shared with the owner My Digital Health Group and its associated entities for the purpose of providing you with medical and administrative support services and other services to support your healthcare.

Whenever you (as a patient of a medical practitioner engaged by My Green Clinic or a potential patient) access or use this website in consideration for My Green Clinic allowing you to access or use the website, you agree to this Website Use Terms & Conditions & Privacy Policy (“Website Policies & Terms”). You acknowledge that you have read and accepted these Website Policies & Terms.

1. OVERVIEW

• This website com and related mobile applications (“the Website”) have been created and are owned and controlled by My Digital Health.
• The terms and conditions, together with My Green Clinic Privacy Policy, govern your access to and use of the Website.
• Whenever you access or use the Website and in consideration of My Green Clinic allowing you access to or use of the Website, you agree to these Website Policies & Terms. We may change these Website Policies & Terms at our By continuing to access or use this Website, you accept these Website Policies & Terms as they apply, including as amended, from time to time. These Website Policies & Terms or any part of these Website Policies & Terms do not constitute medical advice.

2. HEALTH CARE SERVICES

• The Website allows you to access telehealth services (via encrypted chat, audio only and / or video with audio) from registered medical practitioners (Doctors, Nurse Practitioners and other allied health professionals) who engage My Green Clinic in their independent practices to provide them with administrative and management services (“Clinicians”).
• My Green Clinic does not offer or provide any medical or health service. The Website facilitates online confidential consultations with Clinicians so that those Clinicians can provide medical and health services to you.
• The Clinician who consults with you has the sole discretion to decide whether a telehealth consultation is appropriate in your circumstances, whether to provide any service (including issuing any prescription or not) and to determine the appropriate course of action (including whether to recommend consultation with you or whether to refer you to an alternative specialist or other medical or health care professional).
• The telehealth services provided via the Website are not a substitute for ongoing medical and health care provided by your local GP or other qualified practitioner. It is recommended that you inform your local GP of all services that you obtain via the Website.
• My Green Clinic does not:
• guarantee that a telehealth consultation is an appropriate method of treatment for your health or medical condition;
• take any responsibility in relation to the consultation between you and a Clinician;
• provide or prepare any medical or health advice to you at any time;
• employ any Clinician – Clinicians engage My Green Clinic to provide them with administrative and management services to assist Clinicians to operate their own independent practices; and represent or warrant that Medicare benefits will be able to be accessed by you for any telehealth services that you received from Clinicians.

• By using this telehealth platform, you hereby provide consent for clinicians to access and make contributions to your MyHealthRecord, MySL, and to Mobile Intermediaries to ensure the continuity of care in our digital health environment.
• Your personal information will be shown and used through a third party mobile intermediary where such use complies with the Privacy Law and the Australian Privacy Principles in particular, to retrieve electronic prescription information when requested by you.

3. USER ACCOUNT

• To access telehealth services from a Clinician via the Website, you must create an account and become a registered user of the Website.
• To create an account and become a registered user, you must:
• be over 18 years of age;
• provide all of the required information. My Green Clinic will deal with this information in accordance with its Privacy Policy;
• resides in Australia;
• be capable of entering into a binding agreement to pay My Green Clinic; for any consultation received and
• agree to these Website Policies & Terms.
• You must ensure that all of your information supplied to My Green Clinic remains accurate and up to date.
• You must maintain the confidentiality of your username and password and must not authorise others to use your account. You are responsible for all activities conducted through your account. If you believe someone has gained unauthorised access to your account, you must contact My Green Clinic immediately via office@mygreenclinic.com.au
• My Green Clinic may disable your account or use of the Website and in seeking any telehealth services provided by the Clinicians at any time, without notice and for any reason.

4. USE OF WEBSITE

• You must only access and use the Website in accordance with
• these Website Policies & Terms;
• all applicable laws and regulations
• You agree to not:
• use a false identity or provide false details to My Green Clinic;
• use the Website for any other purpose other than for accessing and receiving telehealth services from Clinicians;
• send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the Website;
• use the Website to cause harm or offence to any other person;
• use the Website in any way that will infringe any third party’s rights;
• do anything which will or might affect, cause damage to, disrupt or interfere with the operation and system of the Website;
• attempt to derive the source code of the Website or any part of it or reverse engineer any of the systems or technologies used to create or operate the Website;
• copy, reproduce, publish, exploit or use any part of the Website for the purpose of creating or operating an online platform similar to the Website or for any other purpose other than as expressly permitted under these Website Policies & Terms;
• use the Website in a way that might cause damage or loss to My Green Clinic or affect its brand or reputation;
• use the Website for commercial purposes;
• allow or assist anyone else to carry out the above mentioned activities;
• violate or breach any of these Website Policies & Terms or any laws which relate to them.
• You agree to indemnify My Green Clinic and each of the officers, employees, agents, contractors, suppliers and licensors of My Green Clinic in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Website Policies & Terms, or any other default or wrongful conduct in relation to the subject matter of these Website Policies & Terms, on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors.

5. YOUR OBLIGATIONS

• You agree to:
• provide to My Green Clinic and the Clinician, as applicable, all reasonable required information and details requested by My Green Clinic or a Clinician, as applicable;
• contact your regular general practitioner immediately if directed to do so by a Clinician or if your conditions change or worsen.
• You warrant that:
• you are not experiencing dangerous, unusual or serious symptoms ;
• the need for telehealth services from a Clinician is not related to any accident or injury;
• you do not suffer from multiple or serious chronic health or medical conditions and are not taking multiple prescription medications;
• all information you have provided to My Green Clinic and to the Clinicians is true and accurate;
• you have not omitted disclosing any information in our patient onboarding questionnaire or otherwise to a Clinician that is or might be relevant to your health or medical condition or the provision of telehealth services to you by a Clinician;
• you are capable of participating in a telehealth consultation with a Clinician.

6. YOUR CONTENT

• When you use the Website and the encrypted chat service which forms part of the Website, you grant My Green Clinic an unlimited royalty-free perpetual license to use (in any way) any content you transmit via the Website including, without limitation, any text, audio and or video files, images or pictures in accordance with these Website Policies & Terms.
• All information submitted to the Website through the encrypted chat service will be confidential between you and My Green Clinic and will not be made publicly available.
• You warrant that the content that you upload to the Website and the encrypted chat service:
• will comply with these Website Policies & Terms and in particular with Clause 4;
• will not be illegal or of an unlawful nature;
• will not give rise or be capable or resulting in an infringement of any third party’s rights or a legal proceeding; and

• has not been subject to any legal proceeding or
• You agree to indemnify and keep indemnified My Green Clinic against any claim, loss, damage, costs and/or expenses that My Green Clinic may suffer or incur in relation to or arising out of the content you upload to the Website and the encrypted chat service.
• My Green Clinic reserves the right, and you acknowledge My Green Clinic right, to remove or alter any content that you submit to the Website and the encrypted chat service.

7. CONSULTATIONS

• After reviewing the information you have provided via the patient onboarding questionnaire via the Website, a Clinician will communicate and consult with you using the Website’s encrypted based text service and/or email, as deemed clinically appropriate and necessary by the Clinician, which may be not at all or via methods such as audio, video and audio.
• A Clinician has full discretion in determining whether a consultation via the Website is suitable for your medical or health If the Clinician determines that a consultation via the Website is not suitable for your condition, you will be notified via the Website’s encrypted based text/email service.

8. PRESCRIPTIONS

• A prescription to you is issued entirely at the direction of a clinician
• My Green Clinic does not guarantee that a Clinician will issue you with a prescription following consultation with you.
• If the Clinician decides to issue you with a prescription, you will be given a choice as to whether you wish for your prescription to be sent electronically to a pharmacy recommended by My Green Clinic to be dispensed and delivered to you at your home or for you to take your prescription to a pharmacy of your choice for dispensation to you this way.
• My Green Clinic is not liable in any way for any prescription issued by a Clinician or any medication dispensed by any pharmacy or any party’s failure to deliver medication to you (including, but not limited to, to the correct address or within any specified timeframe).
• In circumstances where any medication is damaged, incorrectly dispensed or delivery is delayed, you agree to contact the pharmacy who is directly responsible for dispensing and delivering the medications to seek to resolve any issues.
• eScript Tokens and other tokens issued by My Green Clinic brands expire within 12 months of issue unless otherwise specified.
• You understand that My Green Clinic has an agreement only for any pharmacies recommended by My Green Clinic to you for dispensation of medications prescribed by a Clinician and My Green Clinic and is not responsible for dispensation of any medications prescribed to you in any way.

9. FEES

• You will be charged a fee for each consultation with a Clinician. Clinicians engage My Green Clinic to act as the Clinicians’ agent for billing purposes and, accordingly, My Telehealth Medical Services will charge you on behalf of the Clinicians.
• If a Clinician decides to issue you with a prescription following consultation with you, you will be charged a fee by My Telehealth Medical Services for the issuing of the prescription.
• Subject to any change in the Australian Government’s Medicare directions, the telehealth services provided by the Clinicians attracts a Medicare benefits payment.

10. CANCELLATION & REFUNDS

My Green Clinic, further referred to as MGC.

Not Eligible for Refunds:

• Patients are ineligible to request a cancellation or refund on their treatment plan if the order noted as “dispatched” on the portal (automatic billing and manual orders included).
• Patients are ineligible for refunds on Clinician’s consultations.
• Patients must agree to the treatment plan and prescribed medications in order for medications to be dispatched.
• Patients have the opportunity to request a change in the initial prescription by messaging the Clinician, this could incur a further charge between MGC Clinicians and contracted Clinicians have autonomy over how they discuss or choose to prescribe treatment plans and do so in accordance with evidence based RACGP guidelines. Similar process to what would take place within a hospital or physical GP healthcare setting.
• If a patient chooses to not go ahead with the consultation/treatment plan for any reason. Once questionnaires are submitted, these are then available instantly for our Clinicians and contracted Clinicians to review and prescribe accordingly. Refunds are not available once submitted, unless the Clinician determines they are unable to treat.
• Patients are ineligible for a refund if they have decided they no longer want or require their treatment and the order is noted as “dispatched” on the portal.
• Patients are ineligible for refunds if they cancel a booked clinician appointment within 24 hours of the appointment.
• Patients are ineligible for a refund if a treatment plan proves inaffective
• With all medications, efficacy cannot be guaranteed, some treatments may prove effective for patients that have proved ineffective for Finding the correct treatment can be trial and error, this is indicative of the processes within hospital and GP healthcare settings also.
• Patients are ineligible for a refund if an adverse reaction/unwanted side effects/event occurs.
• With all medications, there are risks MGC outlines the most common side effects associated specific to each treatment plan prior to a patient consenting to proceed with the prescribed treatment.
• It is the patient’s responsibility to be aware of when payment is to be deducted.
• MGC does not allow for refunds if patients are out of the country or have simply forgotten about their appointment.
• Patients are ineligible for refunds on their Clinician’s consultation and/or treatment plan if once payment has been received, and have since visited their personal GP who has advised against the treatment. As long as a prescribing error has not occurred, a refund will not be issued.
• Each Clinician has autonomy over how they prescribe and can have varying opinions on appropriate prescribing. MGC Clinicians prescribe according to the latest evidence relevant to the associated patient treatment questionnaire.
• Patients are ineligible for a refund on their treatment plan once payment has been processed and order is noted as “dispatched”, if their health circumstances have changed and subsequently prevents the patient from safely taking the initially prescribed treatment.
• It is the patient’s responsibility to make MGC Clinicians aware of any change to their health history since their treatment plan was issued.

Eligible Reasons for Refunds:

• A prescribing error was made by a MGC Clinician or contracted Clinician
• Pharmacy dispensed the incorrect medication/medication strength/medication form
• A technical issue identified within MGC caused the consultation to not take place within 3 days
• A MGC Clinician cancels a consultation without reasonable notice
• An internal error caused the patient to be overcharged or incorrectly charged
• The Clinician considered it inappropriate to conduct a consultation (telehealth included)

11. INTELLECTUAL PROPERTY

• My Green Clinic owns the Website and all of the contents of the Website which includes all text, information, graphics, logos, business/trading names, design, layout, downloads, pricing, software, products and services is owned or licensed by My Green Clinic.
• Nothing in these Website Policies & Terms or your use of the Website has the effect of transferring, assigning, licensing or otherwise transmitting any of My Green Clinic intellectual property to you.

12. COOKIES

• As part of the normal operation of this Website, your internet browser will be sent a “cookie” (a temporary internet file). This cookie enhances the Website’s functionality with features such as account login and electronic ordering By itself, this cookie can only identify your computer to My Green Clinic server and so we can track your use of the Website. It is not used to identify you personally.
• In some instances, cookies may collect and store personal information about you. Such personal information will only be used by My Green Clinic in accordance with these Website Policies & Terms.
• Your personal username and password to access the Website protect your privacy. We recommend that you do not disclose, share or reveal your account details to any other individual.

13. LIABILITY AND DISCLAIMER

• To the maximum extent permitted by law, My Green Clinic will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with:
• your use of the Website;
• the use or reliance on information, including any publication, contained on or linked to from this Website;
• the contents of any website referred to on, or linked to from this website;
• your consultations with and any medical or health services provided by the Clinicians via the Website;
• any action or conduct of the Clinicians including, without limitation, advice provided to you or prescriptions issued to you; or
• any prescribed medication dispensed to you by any pharmacy as a result of your consultation with a Clinician.
• My Green Clinic does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.
• If any law implies a condition or warranty into these Website Policies & Terms which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service again or the payment of the cost of having that service re-supplied.
• You agree to indemnify and keep My Green Clinic indemnified against any claim, loss, damage, costs and/or expenses you may suffer or incur in relation to or arising out of your use of the Website and the telehealth services provided via the Website.
• In accordance with the Drug Misuse Act 1986, it is a criminal offence for any person to knowingly obtain, or attempt to obtain, a prohibited drug from a medical practitioner, nurse practitioner, or pharmacist by giving any false representation, whether verbally, in writing or via a webform. As such, My Green Clinic reserves the right to reject any application/prescription if we believe this law is being breached.
• Should My Green Clinic believe a user is deliberately or repeatedly attempting to use its services or staff to breach this law, we reserve the right to refer the matter to the appropriate authorities and aid those authorities in their relevant investigations.

14. PRIVACY POLICY

• My Green Clinic Privacy Policy forms part of these Website Policies & Terms. By accessing the Website, you agree to My Green Clinic Privacy Policy. A copy of the Privacy Policy can be found here.
  

15. COMPLAINTS

• If you have a complaint in relation to use of the Website, you may contact us via email at office@mygreenclinic.com.au
• In relation to complaints against My Green Clinic:
• you must notify us of the details of the complaint as soon as possible;
• a representative of My Green Clinic will contact you to discuss your complaint;
• if your complaint is not resolved in your discussion with a My Green Clinic representative, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Queensland Law Society;
• If you have any complaints or concerns that cannot be resolved by My Green Clinic, you can contact the Office of the Health Ombudsman.
  Office of the Health Ombudsman GPO Box 13281
  George Street, Brisbane QLD, 4000 Telephone: 133 646
  Email: complaints@oho.qld.gov.au
• the parties will be bound by the decision of the selected expert with respect to the complaint; and
• the parties will share the costs of engaging the expert
• If your complaint relates to your consultation with a Clinician or any other matter for which a Clinician is responsible, we may refer your complaint to the relevant Clinician.
• If your complaint relates to any matter for which any pharmacy, including the pharmacy recommended by My Green Clinic, is responsible, we may refer your complaint to the relevant pharmacy.
• My Green Clinic is not responsible in any way for resolving your complaints against or in relation to a Clinician or any pharmacy.

16. GENERAL

• The laws of Queensland in Australia govern these Website Policies & Terms, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Queensland in Australia, in your use of this Website and these Website Policies & Terms.
• If any of these Website Policies & Terms are held to be invalid or unenforceable, then the validity and enforceability of the remaining Website Policies & Terms will not be impacted.

17. CONTACT

Please contact us at office@mygreenclinic.com.au if you have any queries with respect to these Website Policies & Terms.

DELIVERY & RETURNS

• For Delivery we use Dakasa Compouding Pharmacy 

  Dúkasa Dispensary 

  644-646 Glen Huntly Road, Caulfield South 

  Monday – Friday:  8am – 5pm 

  Phone: (03) 9822 3668 

  Fax: (03) 9804 3069 

  E-Mail: info@dukasacompounding.com