Table of Contents

    Terms of Service

    Last Updated: 08 November 2024

    1. Introduction

    These Terms of Service ("Terms") govern your use of the Physibook practice management and booking system ("the System") provided by PhysioChoice Pty, Ltd. ABN 68 114 601 204 ("we," "our," or "us"). By accessing or using the System, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the System.

    2. Definitions

    • "Practice" means the allied health practice or provider with whom you are booking an appointment
    • "Service" means the online booking and practice management system
    • "You" means the individual accessing or using the Service
    • "Healthcare Provider" means any physiotherapist, occupational therapist, or other allied health professional providing services through a Practice
    • "Medicare Benefits" means payments made under the Medicare Benefits Schedule
    • "Private Health Insurance" means any registered private health insurance provider in Australia

    3. Account Registration and Security

    3.1. To use the Service, you must provide accurate, current, and complete information during the registration process.

    3.2. You are responsible for:

    • Maintaining the confidentiality of your account credentials
    • All activities that occur under your account
    • Immediately notifying us of any unauthorised use of your account

    3.3. We reserve the right to deactivate any user account at any time if, in our reasonable opinion, you have failed to comply with these Terms.

    3.4. Multi-factor authentication may be required for accessing sensitive information or making changes to your account.

    4. Booking and Appointments

    4.1. The System facilitates booking appointments with allied health Practices. By making a booking, you agree to:

    • Provide accurate and complete information
    • Comply with the specific terms and conditions of the Practice you are booking with
    • Attend your appointment at the scheduled time

    4.2. Cancellation policies are set by individual Practices. You must refer to and comply with the specific Practice's terms and conditions regarding cancellations and fees.

    4.3. You acknowledge that automated appointment reminders will be sent via SMS and email, and these cannot be opted out of while maintaining an active booking.

    5. Personal Information and Privacy

    5.1. We collect and handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

    5.2. By using the Service, you consent to the collection and storage of:

    • Personal details, including name, contact information and residential address
    • Medicare information
    • Private health insurance details
    • Next of kin information
    • Medical and injury information
    • Payment details

    5.3. Your information will be:

    • Stored securely within Australia
    • Used only for the purposes of facilitating your healthcare appointments
    • Shared only with the Practice you are booking with and authorised third parties
    • Handled in accordance with our Privacy Policy

    5.4. Data Retention:

    • Active account information is retained while your account remains active
    • Appointment history is retained for 7 years as required by Australian healthcare regulations
    • Medicare and insurance claim records are retained for 7 years
    • You may request deletion of your account, subject to regulatory requirements

    5.5. Marketing communications are managed by individual Practices and are subject to their respective privacy policies and opt-out procedures.

    6. Medicare and Private Health Insurance

    6.1. Medicare Claims:

    • You authorise us to submit claims to Medicare on your behalf
    • You must provide accurate Medicare details and referral information
    • You acknowledge that incorrect information may result in claim rejection
    • We are not responsible for Medicare's processing times or decisions
    • Medicare ineligible services must be paid in full by you

    6.2. Private Health Insurance:

    • You must provide current and accurate insurance information
    • Final coverage determination is made by your insurer
    • You are responsible for any gaps or uncovered amounts
    • Tyro Health processing is subject to system availability
    • Manual claiming may be required if electronic claiming fails

    6.3. Bulk Billing:

    • Availability is at the discretion of individual Practices
    • You must present a valid Medicare card
    • You must meet the Practice's bulk billing criteria
    • Invalid details may result in private fee charging

    7. Payments and Billing

    7.1. You agree to pay all fees associated with your bookings as set by the Practice.

    7.2. Payment processing is facilitated through secure third-party payment processors.

    7.3. Where applicable, you authorise the System to:

    • Process payments for appointments
    • Store payment information securely
    • Process Medicare and private health insurance claims
    • Apply cancellation fees as per Practice policies

    7.4. All fees are in Australian Dollars (AUD) and include GST where applicable.

    7.5. All transactions are encrypted using industry-standard protocols. Card details are stored by certified payment providers only. You must notify us immediately of unauthorised charges

    8. User Obligations

    You agree not to:

    • Provide false or misleading information
    • Use the Service for any unlawful purpose
    • Attempt to gain unauthorised access to the System
    • Interfere with the proper operation of the Service
    • Share your account credentials with others

    9. System Maintenance and Availability

    9.1. Emergency Maintenance may be performed at any time without notice, limited to critical security or stability issues.

    10. Limitations of Liability

    10.1. The Service is provided "as is" without any guarantees or warranties, express or implied.

    10.2. We do not guarantee t he availability of appointment times, the accuracy of Practice information, uninterrupted access to the Service, or the security of external payment processors.

    10.3. To the maximum extent permitted by law, we exclude all liability for:

    • Any loss or damage arising from your use of the Service
    • Technical issues or system failures
    • Actions or omissions of Practices or Healthcare Providers
    • Incorrect Medicare or insurance claim information
    • Data loss or unauthorised access
    • Service interruptions or maintenance periods

    11. Dispute Resolution

    11.1. General Disputes:

    • Must be raised within 30 days of the incident
    • Initial resolution attempt through our support team

    11.2. Mediation Process:

    • Conducted through the Australian Mediation Association
    • Costs shared equally between parties
    • Mandatory before legal proceedings
    • Location in the capital city of your state/territory

    11.3. Legal Proceedings:

    • Governed by Australian law
    • Exclusive jurisdiction of Australian courts
    • Must be commenced within 12 months of the dispute
    • Small claims may be handled by relevant state tribunals

    11.4. Medicare/Insurance Disputes:

    • Claims issues handled directly with Medicare/insurer
    • We will provide relevant documentation upon request
    • Practice must be involved in the resolution process

    12. Termination

    12.1. We may terminate or suspend your account for breach of these Terms or providing false information at our discretion with 14 days notice, or immediately for fraudulent activity

    12.2. You may terminate your account by submitting a written request.

    12.3. Effect of Termination:

    • Appointment data retained as required by law
    • Medicare/insurance records maintained
    • Access to historical records available on request
    • No refund of any pre-paid fees

    13. General Provisions

    If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect. These Terms constitute the entire agreement between you and us regarding the Service. Our failure to enforce any right or provision of these Terms will not be considered a waiver.

    Force Majeure:

    • Neither party liable for circumstances beyond control
    • Includes natural disasters, pandemics, war
    • Notice must be provided when practical
    • Service restoration as soon as practical

    14. Contact Information

    For any questions about these Terms, please contact us at: [email protected]

    For account Security: [email protected]