Terms of Use

(a) You agree to abide by and be bound by these Terms (including any amendments made by us) if:

1. you register as a Patient; or
2. you otherwise use the Website.

(b) These Terms form a legal contract between you and SwiftDoc.

(c) If you do not accept our Terms, you must not use the Website or our services.

(a) We reserve the right to vary these Terms and any linked policies without notice to you by publishing revised terms on the Website. Any revisions are effective as at the time of publication on the Website. You must check regularly to ensure you are aware of any changes.

(b) We may change, suspend or discontinue any part of the SwiftDoc Service at any time in our sole discretion and without any liability to you.

If you agree to these Terms you warrant to us that:

1. you are legally capable of accepting these Terms;
2. any Personal Information you provide us with is up to date and accurate;
3. you will not audio or visually record or transmit any SwiftDoc Service or Medical Consultation without our prior written consent;
4. any content you provide to us is not misleading or inaccurate;
5. you will not impersonate any other person;
6. you will never harass or bully another person via private messaging or spam;
7. you will be truthful and not mislead us;
8. you will not post unauthorised commercial communications (such as spam) on the Website;
9. you will not access the Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
10. you will not upload viruses or other malicious code to the Website;
11. you will not post content on the Website that is hate speech, threatening, pornographic, incites violence or contains nudity or graphic or gratuitous violence or is otherwise inconsistent with the values of SwiftDoc;
12. you will not develop or operate a third-party application from the Website containing alcohol-related, dating, gambling or other mature content (including advertisements) without appropriate age-based restrictions;
13. you will not use the Website to do anything unlawful, misleading, malicious, or discriminatory;
14. you will not infringe any person's rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
15. you will not do anything that could disable, overburden, or impair the proper working or appearance of the Website, such as a denial of service attack or interference with page rendering or other functionality;
16. you will not facilitate or encourage any violations of these Terms or our policies by other Patients or third parties; and
17. you will not do anything otherwise unlawful or that is or may be subject to civil or criminal penalties.

You indemnify and agree to keep us indemnified against any costs, expenses, damages, liability, loss (whether direct, indirect or consequential) or third party claims (including legal fees and other costs incurred on an indemnity basis) for or arising out of or in any way connected to your breach of these Terms or any malicious or negligent acts or omissions by you, including but not limited to:

1. your unauthorised use of the Website or the SwiftDoc Services;
2. any unlawful acts you perpetuate through or in connection with the Website;
3. any malicious or negligent acts or omissions by you, your agents, employees or assigns;
4. SwiftDoc being joined as a party to legal proceedings resulting from a breach by you of these Terms.

(a) You are responsible for your access to and use of the Website and SwiftDoc Services.

(b) To the extent permitted by law, we are not liable for, and you release us from, any liability to you whether arising in breach of contract, negligence or any other cause for:

1. errors or omissions in the Website or linked sites;
2. misleading, inaccurate, false, harmful or offensive content posted by third parties;
3. delays to, interruptions of or cessation of the SwiftDoc service;
4. unauthorised or illegal conduct of any third party of the Website;
5. any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the Website or SwiftDoc Services;
6. any breach of your obligations under these Terms.

(c) Any guarantee, warranty, term or condition that is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following to the extent permitted by law (at our option):

1. in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
2. in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.

SwiftDoc Services may include, without limitation:

1. offering the Website for use by Patients to manage appointments and consultation fees;
2. offering the Website to provide information about SwiftDoc to visitors to the Website;
3. a telephone call with non-clinical staff before your Medical Consultation in order to register you as a Patient of SwiftDoc;
4. the provision of medical consultations by video call (Medical Consultation);
5. the distribution of services, products, information or tools via the SwiftDoc Website;
6. text message and email reminders and communications with you about your appointment for a Medical Consultation; and
7. a video call between you and a SwiftDoc general medical practitioner.

(a) SwiftDoc general medical practitioners may issue prescriptions for medications if they consider this is clinically appropriate.

(b) SwiftDoc general medical practitioners will not, under any circumstances, prescribe some medications, including benzodiazepines, some opioids and any medications listed in Schedule 8 of the Poisons Standard 2013 (Cth) or any other medications prohibited by Australian law.

(a) SwiftDoc general medical practitioners have legal, professional and ethical responsibilities and obligations to obtain sufficient factual information through history and examination of a patient before issuing a medical certificate.

(b) It may not be possible for a SwiftDoc general medical practitioner to provide a medical certificate through a video call and in some cases it may be necessary for you to attend a face-to-face consultation with another general medical practitioner to obtain a medical certificate.

(c) SwiftDoc general medical practitioners are not permitted to issue medical certificates in certain circumstances and will only be issued if deemed to be clinically appropriate by the treating general medical practitioner.

1. When you have successfully registered as a SwiftDoc patient, you may request a booking for a Medical Consultation.
2. If you request a booking for a Medical Consultation through the Website using the vCita booking system, you agree to be bound by these Terms.
3. If you do not accept these Terms, you must not make a booking through the Website using the vCita booking system.
4. We will email or text you to confirm the details of your booking for a Medical Consultation.
5. We will send you the minimum technical requirements for your Medical Consultation.
6. A booking will normally be for a time window of 10 minutes in length (Booking Window), on an agreed day during which SwiftDoc will call you by the agreed video call service.
7. You must ensure that you answer our call during the Booking Window.

1. To secure a booking for a Medical Consultation you will be charged a fee (Fee), in advance. Your booking will not be confirmed unless and until we are notified by our third party provider, vCita that you have paid the Fee.
2. Normally, a Medical Consultation will not attract any rebate under either Medicare or private health insurance.
3. We will meet the costs of text messages you receive from us.
4. You must meet the costs of accessing the SwiftDoc Service, including any fees and charges from your mobile service provider in relation to your access and use of the SwiftDoc Service, including data usage charges.

Payment for the booking is made through the Stripe payment service using an eligible credit or debit card and may include a Booking Fee.

SwiftDoc does not keep your credit or debit card details. All booking information is managed through third party providers, vCita and Stripe.

1. You can cancel or reschedule an appointment using the text message or email link that we send to you at the time your booking is confirmed.
2. If you or we cancel a booking at least 24 hours before the Medical Consultation, any fees paid for the booking will be refunded to you, less any applicable credit card charges.

1. If you cancel a booking less than 24 hours before the Medical Consultation, SwiftDoc will retain any fees paid for the booking.
2. If we cancel a booking less than 24 hours before the Medical Consultation, SwiftDoc will refund any fees paid for the booking, less any applicable credit card charges.
3. If you do not answer our video call or return our call during the Booking Window, SwiftDoc will retain any fees paid for the booking.
4. If we do not call you within 2 hours of the Booking Window, SwiftDoc will refund any fees paid for the booking, less any applicable credit card charges.

If during a Medical Consultation we determine that your symptoms, condition, illness, injury and/or circumstances are not appropriate for the SwiftDoc Services, refunds for our Fees prepaid by you will only be provided at our discretion or where required under the Australian Consumer Law.

These Terms comprise the entire agreement between you and us in relation to your access to and use of the SwiftDoc Services.

You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms.

None of the Terms, nor any act, matter or thing done under or by virtue of, or in connection with, these Terms will operate as a merger of any of the rights and remedies of SwiftDoc in or under these Terms or otherwise. All such rights and remedies of SwiftDoc will continue in full force and effect.

Any provision of these Terms which is invalid, unenforceable or illegal must:

1. be read down to the minimum extent necessary to achieve its validity, if applicable; and
2. be severed from these Terms in any other case, without invalidating or affecting the remaining provisions of these Terms.

Neither these Terms nor any provision of these Terms may be amended, modified, waived, discharged or terminated orally. Any variation must be in writing signed by all parties.

These Terms will be construed in accordance with the law of the State of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from them.

The following definitions apply unless the context otherwise requires:

Australian Consumer Law:

Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Booking Fee:

Any credit card, service, processing or booking fees charged by Stripe or vCita.

SwiftDoc:

SWIFTDOC PTY LTD (Australian Company Number 616 105 349) and its assigns and successors (we, us, our).

SwiftDoc Services:

Those services set out in clause 4.1.

Patient:

Any person who has an account with SwiftDoc.

Personal Information:

Information that identifies an individual, or is capable of identifying an individual.

Services:

The services described in clause 4.

Stripe:

Stripe Payments Australia Pty Ltd ACN 160 180 343 payment platform used on the Website.

Terms:

These terms of use.

vCita:

Vcita, Inc.

Website:

www.swiftdoc.com.

1. Words importing the singular or plural number include the plural and singular numbers respectively and words of each gender will include any other gender.
2. The word “person” includes a corporation.
3. References to Statute, Regulations, Ordinances or By-Laws will be deemed to extend to all Statutes, Regulations, Ordinances or By-Laws amending, consolidating or replacing the same.
4. Headings are for reference only and do not affect the interpretation of this document.
5. The word “includes” in any form is not a word of limitation.