Terms & Conditions | Functionaldoctors

The Functional Doctors: Terms & Conditions

Updated May 01 2024

Introduction

Company Information:

The Functional Doctors PTY Limited (ACN: 669506692) (us, we, TFD, The Functional Doctors, our) operates a digital platform built to support the delivery of healthcare solutions to Patients (patients, you, your, yours, user) in Australia.

We offer our services primarily through our website, thefunctionaldoctors.com.au (website, site) and our platform (platform, portal, health hub) which is accessible via our website.

Parties Involved in Services:

The Company (Us/We/TFD/The Functional Doctors): As the platform connecting patients with experienced medical practitioners, we facilitate the delivery of high-quality care while prioritising patient safety and satisfaction.
Medical Practitioners (associated practitioners, associate doctors, associate nurses): Our network includes qualified doctors and nurses who conduct independent consultations, prescribe medications where they deem it appropriate, and offer expert medical advice tailored to individual patient needs.
Patients (patients, you, your, yours, user): Individuals seeking assessment, treatment, and support for their health concerns engage with our platform to connect with medical practitioners and access a wide range of healthcare services.
Customer Care (support) medical and medical support staff such as customer care, patient engagement & customer support.
Third-Party Laboratories and Pharmacies (associated labs & associated pharmacies): In certain cases, patients may be referred to reputable blood testing labs and pharmacies for diagnostic tests and prescription fulfilment. While these entities operate independently, we maintain collaborative arrangements to streamline the healthcare process for our patients.

We provide access to the platform to parties where necessary for patient care. This includes hosting records of your interactions & documentation of consults with Associated Practitioners, customer care records, and other relevant medical information such as pathology test results from associate clinics.

Outline of Services Provided & Terms of Service

Services Offered:

Our platform offers services (Services) designed to facilitate medical and non medical practitioners in helping patients to address diverse health needs. We facilitate two-way communication pertaining to medical areas including:

hormone deficiency, weight management, age-related health concerns, long covid recovery, and injury recovery support.

Our platform serves as a centralised hub for patients to access a wide range of healthcare resources. The advice and resources (such as blogs & publicly available content) should never be relied upon in place of advice from Australian registered healthcare professionals. We facilitate communications between you and relevant medical and non medical practitioners in order for them to assess your symptoms & provide appropriate health care advice, support & access to prescriptions where suitable.

Acceptance of Terms:

Every time you access our platform, without exception, you acknowledge and agree to be bound by the terms and conditions outlined herein. You acknowledge henceforth that you have read, understood, and agree with the terms of this agreement and that this agreement constitutes a legally binding contract between The Functional Doctors PTY Limited and you, the user.

Your continued use of our platform signifies your acceptance of these terms and if at any point you no longer agree with the terms, you are required by this agreement to exit with immediate effect our platform and no longer utilise the services provided by us. It is your responsibility to ensure your continued compliance with the terms of this agreement and to maintain adherence to any requirements necessary for access to our platform and services.

Termination and Modifications:

We retain the right to terminate user access and modify the terms of service at our discretion for any reason whatsoever. We may also choose to block or temporarily suspend users if required.

We may, at our sole discretion, adjust, modify, or remove any content shared, transmitted, uploaded or otherwise communicated to our platform by any user without notice. This will likely result in the cancellation of any services or goods being provided to you through the platform.

In the case of a change to our terms & conditions, users will be notified of any changes via email, and continued use of the platform indicates acceptance of the updated terms. Please review terms and conditions periodically for changes.

Errors, inaccuracies, and omissions

Occasionally there may be information on our site or in the platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, and offers.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the platform or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the platform or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Customer Account:

To access our services offered within the platform, users must:

be of legal age within the relevant jurisdiction (over 18 within Australia)
meet eligibility criteria
reside within Australia & access our services from within Australia
agree to our terms and privacy policy
create an account providing relevant personal and health information.
be capable of entering into a legally binding agreement with TFD
be in a position to consent to medical treatment

Decision to Not Provide Services:

We reserve the right to refuse or withdraw services in instances of:

clinical ineligibility as determined by either Associated Practitioners or any other means of eligibility evaluation offered through our platform
non-compliance with terms & conditions as outlined within this agreement
disinterest in utilising our services,
inappropriate or abusive behaviour towards any member of our team or Associated Practitioners. Determining whether behaviour is abusive or inappropriate will be at the sole discretion of management team of The Functional Doctors.

Associated Practitioners & Partners

Associated Practitioners

Engaging in a consultation with an Associated Practitioner establishes a practitioner-patient treatment relationship.

This relationship exclusively involves you and the Associated Practitioner, with us serving as a facilitator and not a party to the interaction. Consequently, we bear no liability for any services rendered during this engagement, including the provision of medical advice and prescription medications.

Associated Practitioners exercise clinical independence and are fully responsible for the healthcare services delivered to you. This encompasses adherence to professional standards, record-keeping, and compliance with privacy regulations. They are committed to upholding the same standards of care as they would in traditional in-person consultations.

You acknowledge that consultations with Associated Practitioners are focused on assessing your suitability for the Services outlined, providing medical advice, and issuing prescriptions specific to your condition where suitable. However, these consultations do not substitute the role of a general medical practitioner outside our platform.

We do not guarantee access to a specific Associated Practitioner. As an independent medical practitioner, each Associated Practitioner retains the discretion to decline prescription requests or refuse certain services based on professional judgement.

The appropriateness of a consultation and the determination of necessary healthcare services lie solely with the Associated Practitioner. They evaluate your unique circumstances to determine the suitability of the consultation and decide on the course of treatment, if any, required for your health condition.

We do not assume responsibility or offer warranties regarding the content of consultations, including medical advice and prescriptions provided by Associated Practitioners. Both you and the Associated Practitioner bear equal responsibility for the conduct and outcome of each consultation, emphasising the importance of transparent communication and informed decision-making.

Prescriptions Issued by Associated Practitioner

Commercially Available Prescriptions

Associated Practitioners, based on their clinical assessment, may prescribe medications or medical devices deemed suitable for your condition. The decision making process and discretion lies in its entirety with the Associated Practitioner. In this process:

The decision to prescribe medication is made with your informed consent, taking into account your health needs and treatment preferences.
The number of repeats included in a prescription is determined by the Associated Practitioner's clinical judgement, considering factors such as the duration of treatment and the need for follow-up consultations.

The issuance of a prescription does not guarantee the immediate availability of the prescribed medication. We do not guarantee the supply of any medication prescribed by a Associated Practitioner and bear no responsibility in this regard.

Compounded and “Off-Label” Prescription

‘Off-label’ prescribing occurs when a drug is prescribed for an indication, a route of administration, or a patient group that is not included in the approved product information document for that drug. Off-label prescribing means that the Therapeutic Goods Administration (TGA) has not approved the indication, route of administration or patient group. It does not mean that the TGA has rejected the indication.

In the case that a Associated Practitioner deems it clinically appropriate, they may issue a prescription for a compounded medication, along with a designated number of repeats. In joining our platform, you acknowledge and agree that:

The decision to issue a prescription - which includes compounded medication or "off-label" use - rests entirely with the Associated Practitioner. This clinical decision-making process is conducted with your informed consent, prioritising your well-being and treatment preferences.
The determination of the number of repeats is subject to the Associated Practitioner's clinical discretion. Factors such as the need for ongoing supervision of your treatment and other relevant circumstances are considered in this decision-making process.

In instances where an Associated Practitioner prescribes medication for "off-label" use, you acknowledge that the prescribed use may not be listed among the approved indications in the Australian Register of Therapeutic Goods.

Moreover, if an Associated Practitioner prescribes a compounded medication, you acknowledge that such medications have not undergone review by the Therapeutic Goods Administration for safety, quality, or efficacy. Consequently, they do not appear in the Australian Register of Therapeutic Goods.

By using our platform, you agree that the issuance of a prescription by an Associated Practitioner does not guarantee the availability of the prescribed medication for dispensing. We bear no responsibility and provide no warranties, whether express or implied, regarding the supply of any medication prescribed by a Associated Practitioner.

Protocols & Responsibilities

In engaging with Associated Practitioners & Support staff (medical and non medical), certain protocols and responsibilities apply:

Information Accuracy: You acknowledge that accuracy in providing information is crucial and commit to provide accurate and up to date information. Associated Practitioners and Support staff may seek clarification or additional details from you. You must provide accurate, complete, and up-to-date information. Any misinformation, particularly in obtaining prescription medicines, may have legal ramifications and may result in an adverse outcome for the patient.
Record Keeping: Associated Practitioners and Contributors maintain records of consultations or communications with you. They are bound to adhere to legal requirements and our Privacy Policy concerning the maintenance of clinical records. We uphold these records as mandated by law and our Privacy Policy.
Medication Guidance: Should an Associated Practitioner prescribe medication, you must thoroughly review all associated information provided through our Platforms. Any advice or instructions given by the Associated Practitioner or Support staff regarding prescribed medication must be followed diligently.
Communication with General Medical Practitioner: is your responsibility to inform your general medical practitioner about any medication or treatment prescribed by Associated Practitioners. At your request, we can liaise with your general medical practitioner on your behalf, provided you provide written consent to do so.
Monitoring Health Conditions: you agree to maintain active monitoring with regards to changes in your medical condition or worsening symptoms. In case of noticeable side effects from medication or treatment, promptly consult your general medical practitioner or reach out to us to arrange further consultation with an Associated Practitioner.

Medications Prescribed By Associated Practitioners:

Purchase & Dispensing of Prescribed Medication

Supply Source: We do not operate as a pharmacy and do not directly provide pharmacy-only or prescription medicines to patients.
Dispensing Options: If you receive a prescription from an Associated Practitioner, you have the flexibility to choose the pharmacy from which to obtain your medication. You agree that if you choose an Associated Pharmacy, we may, at our discretion, transmit or otherwise communicate your prescription to them for dispensing.
Discretionary Dispensing: you recognise that the Associated Pharmacy or Associated Practitioner reserves the right to decline dispensing your medication based on their clinical judgement or the unavailability of the prescribed medication.
Treatment Plan Interruptions: In the event that the Associated Pharmacy cannot dispense your prescribed medication due to unavailability, you acknowledge the possibility of pausing your treatment plan.
Contractual Arrangements: in the case that the Associated Pharmacy agrees to dispense your medication, you enter into a separate contract with them for the purchase of the prescribed medicine. In some cases, with explicit agreement between us and you, we may act as your agent, facilitating the execution of this contract, including payment collection and transmission to the Associated Pharmacy. In the event that we take on the role of agent, we will communicate this with you within our platform.
Privacy and Consent: By engaging with us, you consent to the sharing of your personal information with the Associated Pharmacy for the purpose of medication dispensing. Similarly, you authorise the Associated Pharmacy to contact you (and us) to confirm prescription details necessary for dispensation.
Responsibility Disclaimer: We bear no responsibility and provide no warranties, express or implied, regarding the accuracy of medication dispensing decisions made by the Associated Pharmacy. This includes instances where the Associated Pharmacy compounds a medication based on a prescription from an Associated Practitioner, for which we disclaim any liability regarding safety, quality, or efficacy.
Alternative Dispensing: Should you prefer to obtain your prescription from a pharmacy other than an Associate Pharmacy, we can arrange for the transmission of your prescription to your chosen pharmacy or to your person. However, note that your prescription may contain a different number of repeats based on the Associated Practitioner's clinical discretion, and you may incur charges for the consultation and prescription transmission services.

Delivery of medicines

As we are not a pharmacy and do not supply any pharmacy-only or prescription medicines directly to patients, you acknowledge that The Functional Doctors bears no responsibility for the quality of medications, successful shipment of medications, and commitments to delivery timelines of medications. We assume no responsibility for:

any issues in quality of medication
delays in shipping & delivery

You agree to communicate directly with the Pharmacy you have chosen for your as your dispensary for any issues related to these topics.

Blood Testing Services (Pathology) for Health Monitoring

Many of the treatments facilitated through the platform will require up-front & ongoing blood testing. The exact details of your blood tests will be agreed between you and the Associated Practitioner at their Discretion, and failure to adhere to blood testing protocol may result in a termination of your treatment plan. We may facilitate access to third-party blood testing services for your convenience, but we do not offer these services within our portal and any associated fees will not be reimbursed by us:

Service Provision: You acknowledge your understanding that we do not directly conduct blood testing services and that we collaborate with Associated Labs to fulfil your blood testing requirements.
Flexibility in Lab Selection: Patients have the option to choose from our list of Associated Labs available on our portal for their blood testing needs. You also have the option to source and provide your own blood testing results from a different third party, provided they meet the standard & testing level outlined by the Associated Practitioner.
Contractual Arrangements: in the case that the Associated Lab agrees to dispense your medication, you enter into a separate contract with them for the purchase of the prescribed medicine. We may act as your agent, facilitating the execution of this contract, including payment collection and transmission to the Associated Lab. In the event that we take on the role of agent, we will communicate this with you within our platform.
Dispensing of Blood Testing Services: If you opt to use one of our Associated Labs, we transmit the necessary information to them to facilitate the blood testing process.
Privacy and Consent: By engaging with us, you consent to the sharing of necessary personal and medical information with the chosen Associated Lab or preferred laboratory for the purpose of conducting blood tests. Similarly, you authorise the Associated Labs to contact you (and us) to share blood testing results.
Non-Liability Disclaimer: you acknowledge that we do not assume any liability for the accuracy, reliability, or outcomes of blood testing services provided by any Associated Labs. Any decisions regarding treatment or adjustments based on blood test results are made solely by the treating medical practitioners in consultation with the patient.
Patient Responsibility: Patients are responsible for ensuring that blood testing requirements are fulfilled in a timely manner and for providing accurate information to the Associated Labs.
Alternative Blood Testing Options: Patients retain the option to use their preferred laboratory for blood testing services. In such cases, we facilitate the transmission of relevant information to the chosen laboratory upon patient request.
Service Charges: Patients will be responsible for any charges associated with blood testing services, including consultation fees and laboratory fees, as outlined by the chosen Associated Lab or preferred laboratory.

Payment for Services

Consultations provided by our Associated Practitioners via our platform are not eligible for Medicare rebates and no medicare rebate will be offered for any services you access via our platform.

Our payment process is designed to be straightforward and transparent, ensuring easy access to our services. Here's what you need to know about our payment policies:

Consultation Fee: Our standard consultation fee is outlined on our website and is charged on a one-off basis. This fee grants you access to a consultation with an Associated Practitioner. This fee also grants you access to a range of services available on our platform for the duration of your treatment
Pricing Adjustments: While our consultation fee is fixed at $300 per consultation at the time of inception of this Terms & Conditions agreement, please note that we reserve the right to adjust our pricing at our discretion. Any changes to pricing will be communicated to you in advance.
Immediate Effect: Any changes to pricing will take effect immediately upon notification. These changes will apply to consultations scheduled after the effective date.
Inclusive Pricing: All prices listed on our platform for services are inclusive of GST (Goods and Services Tax), ensuring transparency in pricing.

Discounts & Promotions

We may occasionally offer discounts and promotions at our discretion. Here are the key provisions regarding discounts and their terms and conditions:

Promotional Offers: We may periodically offer promotional discounts or codes to eligible users. These promotions aim to provide savings on our consultation fees or other services.
Eligibility: Eligibility for promotional offers may vary and is subject to specific criteria outlined in each promotion. Users must meet the criteria specified in the promotion to qualify for the discount or offer.
Usage Limitations: codes and discounts are limited to one-time use per user unless otherwise stated. They cannot be combined with other offers or applied retroactively to previous purchases.
Expiration Dates: Each promotion code or discount offer has an expiration date, after which it becomes invalid. Users must redeem the offer before the specified expiration date to avail of the discount.
Non-Transferable: promotion codes and discounts are non-transferable and may not be exchanged for cash or any other value. They are intended for use by the recipient and cannot be transferred to another user.
Terms Modification: We reserve the right to modify or withdraw any promotional offer or discount at our discretion. Any changes to the terms of a promotion will be communicated to users in advance.
Fraud Prevention: We reserve the right to revoke or cancel any promotional offer or discount if we suspect fraudulent activity or misuse of the promotion.
Final Discretion: The Functional Doctors retains the final discretion to determine the eligibility of users for promotional offers and to resolve any disputes related to the use of promotion codes or discounts.

Refunds & Cancellations

By using our platform, you acknowledge and agree to the following refund and cancellation policies:

Cancellation and Refund Criteria:

Full Refund Eligibility: Patients are eligible for a full refund under the following conditions:
Cancellation is requested within 24 hours of completing the booking, or
Cancellation is requested up to 3 days prior to the scheduled consultation.
No Refund Policy: Outside of the specified refund eligibility criteria mentioned above, refunds will not be provided. This policy is in place because once a slot is booked, it may not be possible to fill it at short notice, impacting the availability for other patients.

Rescheduling Policy:

Rescheduling Procedure: We understand that unexpected events may occur, necessitating the need to reschedule your appointment. We strive to accommodate such requests to the best of our ability.
Advance Notice Requirement: Patients are encouraged to request rescheduling at least 3 days in advance of their scheduled consultation.
Contact Information: To request rescheduling, please contact our support team at support@thefunctionaldoctors.com.au. Our dedicated team will assist you in finding a new suitable appointment slot.

Important Notes:

Refunds will be processed using the original method of payment.
All refund requests must be submitted in writing to support@thefunctionaldoctors.com.au.
Refunds may take up to 7 business days to process.
Late arrivals may result in a shortened consultation time but will not be eligible for a refund.
In cases of technical difficulties or unforeseen circumstances from our end, we will work with you to reschedule your consultation at no additional charge.

General Terms of Service

Using the Platform

In addition to other provisions outlined in the Terms and Conditions, users are expected to adhere to the following rules when using the platform:

(a) Lawful Use: Users agree not to engage in any unlawful activities while using the platform.

(b) Solicitation: Users must not solicit or encourage others to participate in unlawful acts while using the platform.

(c) Compliance: Users must comply with all applicable international regulations, rules, laws, and local ordinances while using the platform.

(d) Intellectual Property: Users must not infringe upon or violate the intellectual property rights of The Functional Doctors or any third party.

(e) Respectful Conduct: Users must refrain from engaging in any conduct that is harassing, abusive, insulting, harmful, defamatory, slanderous, disparaging, intimidating, or discriminatory based on various factors including gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(f) Accuracy of Information: Users must provide accurate and truthful information and must not submit false or misleading information.

(g) Security: Users must not upload or transmit viruses or any other type of malicious code that could interfere with the functionality or operation of the platform.

(h) Privacy: Users must not collect or track the personal information of others without their consent.

(i) Prohibited Activities: Users must not engage in spamming, phishing, pretexting, spidering, crawling, or scraping activities on the platform.

(j) Morality: Users must not use the platform for any obscene or immoral purposes.

(k) Security Interference: Users must not interfere with or circumvent the security features of the platform or any related website, other websites, or the Internet.

The Functional Doctors reserves the right to terminate the use of the platform by any user found to be in violation of these rules or engaged in any prohibited activities.

Cookie Collection Policy

Cookies are small text files that are stored on your device when you visit a website. They are widely used to make websites work more efficiently and to provide information to website owners. We use cookies for various purposes, including:

Essential Cookies: These cookies are necessary for the website to function properly. They enable basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
Performance Cookies: These cookies help us understand how visitors interact with our website by collecting and reporting information anonymously. This helps us improve the performance of our website.
Functional Cookies: These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third-party providers whose services we have added to our pages.
Targeting Cookies: These cookies may be set through our website by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites.

By using our website, you consent to the use of cookies in accordance with this Cookie Collection Policy. You can change or withdraw your consent at any time by adjusting your cookie preferences through the cookie banner or settings provided on our website.

Indemnification

You agree to indemnify, defend, and hold harmless The Functional Doctors, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claims, liabilities, damages, losses, costs, expenses, or demands, including reasonable legal fees, arising out of or related to:

Your breach of these Terms and Conditions or any documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of our services, website, or platform.
Any content or information you submit, post, transmit, or make available through our services.
Any actions or omissions by you that result in harm to another party.
This indemnification obligation will survive the termination or expiration of these Terms and Conditions and your use of our services.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defences.

Legal Jurisdiction

These Terms and Conditions, including any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of Western Australia, Australia.

You agree that any legal action or proceeding arising out of or related to these Terms and Conditions shall be brought exclusively in the courts located in Western Australia, Australia. By using our services, you consent to the jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue on the grounds of forum non-conveniens or otherwise.

Any cause of action you may have with respect to our services must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.

Accuracy of Information

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site or the platform at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Warranties and Disclaimers

By using our platform, you agree to these terms and acknowledge that they are reasonable and necessary for the protection of our interests.

Accuracy of Information: While we strive to provide accurate and up-to-date information, we do not warrant that the information provided on our platform is error-free, reliable, or current. Any reliance you place on such information is strictly at your own risk and you should never rely on this information in the place of a qualified medical professional
Medical Advice: The information provided on our platform is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
Endorsement: Reference to any specific product, service, or third-party provider does not constitute or imply endorsement, sponsorship, or recommendation by us. We do not endorse, warrant, or guarantee the products or services of any third-party provider mentioned on our platform.
Liability for Third-Party Services: We do not assume any responsibility or liability for the actions, products, services, or content of any third parties. You agree that any interactions with third-party providers are solely between you and such providers, and we shall not be liable for any loss or damage incurred as a result of such interactions.
Security: We cannot guarantee the security of any information transmitted to or from our platform. You acknowledge that any transmission of data or information is at your own risk.
Continuous Operation: We do not warrant that our platform will be uninterrupted, secure, or error-free, or that any defects will be corrected. We reserve the right to suspend, withdraw, or restrict access to our platform at any time without notice.
Disclaimer of Liability: To the fullest extent permitted by law, we disclaim all liability for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way related to your use of our platform, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via our platform