In these Terms and Conditions:
2.1 These Terms and Conditions constitute a binding legal agreement between you and PocketPhysio.
2.2 By accessing the Platform, booking an appointment, or using the Services, you:
2.3 If these Terms are not accepted, the Platform and Services must not be used.
3.1 You must be at least 16 years of age and have the legal capacity to enter into these Terms.
3.2 If under 18 years of age, you warrant that consent has been obtained from a parent or legal guardian to use the Platform and Services.
3.3 By using the Services, you warrant that the above statements are true and correct.
4.1 Fees for Services are charged on a per-consultation basis, unless otherwise specified.
4.2 All fees will be disclosed prior to booking.
4.3 Payment is required at the time of booking. PocketPhysio may:
4.4 PocketPhysio reserves the right to refuse or withhold Services where payment has not been received in full.
4.5 All fees are in Australian Dollars (AUD) and include GST where applicable.
4.6 Fees may be varied from time to time with reasonable notice published on the Platform.
5.1 Appointments may be cancelled or rescheduled with at least 48 hours' notice prior to the scheduled consultation.
5.2 Cancellations made within 48 hours of the appointment may incur a cancellation fee of up to 100% of the consultation fee.
5.3 Failure to attend a scheduled consultation will result in the full consultation fee being charged.
5.4 Refunds or rescheduling outside these terms may be offered at the discretion of PocketPhysio in exceptional circumstances.
6.1 PocketPhysio provides physiotherapy Services exclusively via Telehealth.
6.2 Consultations may occur via:
6.3 Services are provided by AHPRA-registered physiotherapists in accordance with Australian professional standards and AHPRA guidelines.
6.4 Telehealth Services may not be suitable for all conditions. PocketPhysio reserves the right to recommend in-person care where clinically appropriate.
6.5 Clinical Limitations: You acknowledge that telehealth consultations have inherent limitations compared to in-person examinations, including limited physical assessment capabilities.
7.1 PocketPhysio does not provide emergency medical services.
7.2 Messaging services are not continuously monitored.
7.3 In an emergency, you must call 000 or attend the nearest emergency department.
7.4 Response Times: Non-emergency messages may take up to 24 hours for a response during business days, and longer on weekends and public holidays.
8.1 The Platform may utilise Third-Party Providers, including WhatsApp and Splose, to deliver aspects of the Services.
8.2 These third-party platforms are not owned or controlled by PocketPhysio.
8.3 By using the Services, you acknowledge and accept that:
8.4 Use of third-party messaging platforms is voluntary, and alternative consultation methods may be available upon request.
8.5 Cross-Border Data Transfer: Some Third-Party Providers may store or process data outside Australia. Where this occurs, we ensure appropriate safeguards are in place in accordance with APP 8.
9.1.1 PocketPhysio collects Personal Information and Health Information necessary to provide the Services, including:
9.1.2 Sensitive Information Consent: By using the Services, you expressly consent to the collection, use, and disclosure of your Sensitive Information, including Health Information, for the primary purposes outlined in these Terms and our Privacy Policy.
9.1.3 Collection Methods: Information is collected directly from you via:
9.2.1 Personal and Health Information is used for the following primary purposes:
9.2.2 Secondary Purposes: Information may be used for secondary purposes including:
9.2.3 Disclosure to Third Parties: We may disclose your information to:
9.3.1 Security Measures: PocketPhysio implements reasonable security measures including:
9.3.2 Third-Party Security: We require Third-Party Providers to maintain appropriate security standards through contractual arrangements, however we cannot guarantee the security practices of third parties.
9.3.3 Your Responsibility: You are responsible for:
9.4.1 Clinical Records: Health Information is retained in accordance with:
9.4.2 Other Personal Information: Non-clinical Personal Information is retained only as long as necessary for the purposes for which it was collected or as required by law.
9.4.3 Secure Destruction: Information is securely destroyed or de-identified when no longer required, in accordance with Australian Standard AS/NZS 4360 and relevant guidelines.
9.5.1 Access Rights: You have the right to:
9.5.2 Complaint Rights: You may:
9.5.3 Withdrawal of Consent: You may withdraw consent for certain uses of your information, however this may affect our ability to provide Services.
9.6.1 Notification: In the event of a data breach likely to result in serious harm, we will:
9.6.2 Breach Management: Our data breach response includes:
9.7.1 Overseas Disclosure: Some Third-Party Providers may store or process data outside Australia, including:
9.7.2 Safeguards: Where information is disclosed overseas, we ensure:
9.8.1 Participation: If you have a My Health Record, we may:
9.8.2 Consent: Participation in My Health Record sharing is voluntary and requires your express consent.
10.1 Clinical records are maintained in accordance with:
10.2 Information obtained during consultations will be recorded in Splose as the primary clinical record system.
10.3 Record Contents: Clinical records may include:
10.4 Record Access: You may request access to your clinical records in accordance with privacy laws and professional guidelines.
11.1 Privacy Officer: PocketPhysio has appointed a Privacy Officer responsible for:
11.2 Regular Reviews: Privacy practices are reviewed regularly to ensure ongoing compliance with changing laws and standards.
11.3 Privacy Impact Assessments: New systems or processes that may affect privacy are subject to privacy impact assessment.
12.1 Services are provided on an "as is" and "as available" basis, without warranties of any kind, to the maximum extent permitted by law.
12.2 No representations or warranties are made regarding:
12.3 You acknowledge that use of the Platform and Services occurs at your own risk.
12.4 To the extent permitted by law, all liability is excluded for any loss or damage arising from:
12.5 To the extent permitted by law, liability for any indirect, consequential, special, or remote loss is excluded.
12.6 Total aggregate liability is limited to the total fees paid for the relevant Services.
12.7 Privacy-Specific Limitations: Notwithstanding the above, nothing in these Terms excludes or limits liability for:
13.1 Privacy Complaints: Privacy complaints should be directed to:
13.2 Complaint Process: We will:
13.3 External Complaints: You may complain to:
14.1 All content available through the Platform is owned by or licensed to PocketPhysio.
14.2 A limited, non-exclusive, non-transferable licence is granted for personal, non-commercial use only.
14.3 Prohibited activities include reproduction, distribution, or commercial exploitation without consent.
14.4 Feedback provided may be used by PocketPhysio without restriction or compensation.
15.1 Types of Consent: Different types of consent may be required for:
15.2 Withdrawal of Consent: You may withdraw consent at any time, subject to:
15.3 Consent Records: We maintain records of consent provided and withdrawn.
16.1 These Terms may be amended from time to time.
16.2 Notification: Material changes affecting privacy rights will be notified by:
16.3 Amendments take effect 30 days after publication (increased from 14 days for privacy-related changes).
16.4 Continued use constitutes acceptance of amended Terms.
17.1 Account Termination: Upon termination:
17.2 Data Portability: Where possible, you may request transfer of your information to another healthcare provider.
18.1 These Terms are governed by the laws of the Commonwealth of Australia and the State of Victoria.
18.2 You submit to the exclusive jurisdiction of the courts of Victoria.
18.3 Privacy Law Compliance: These Terms are subject to prevailing privacy legislation, including the Privacy Act and relevant state health records acts.