HealthNow App - Terms of Use

Welcome to the HealthNow App! 

1. HealthNow App

The HealthNow App can assist you to manage your health needs by: 

1.1    giving you the option to view your My Health Record; 

1.2    connecting you to other health related content which might be relevant to you; 

1.3    locating and connecting you to healthcare providers and health services; 

1.4    storing your healthcare provider’s contact details; and 

1.5    scheduling telehealth consultations; and 

1.6    sending you alerts and notifications from your healthcare provider or regarding a health service, such as alerts about upcoming appointments.  

 

2. About these Terms of Use

2.1    The HealthNow App is provided to you by Telstra Health Pty Ltd (ABN 38 163 077 236) (Telstra Health, weour or us). 

2.2    When you download or use the HealthNow App, or create a Telstra Health Account, you agree to be bound by these Terms of Use and the Telstra Health Privacy Statement, which form a contract between us and you. 

2.3    We constantly seek to improve our products and processes. As a result, we may need to update these Terms of Use to accurately reflect how we conduct our business. 

2.4    If we update these Terms of Use, a notification will appear when you login directing you to the updated Terms of Use. Changes will not apply retroactively. If you do not agree to the updated Terms of Use, you should discontinue your use of the HealthNow App. 

2.5    You may stop using the HealthNow App at any time by giving us notice. If you no longer consent to us connecting to your My Health Record, follow the steps outlined in clause 10.

2.6    We may change, suspend or discontinue your access to or use of the HealthNow App at any time in our sole discretion and without any liability to you. 

2.7    You understand that if we permanently discontinue your access to the HealthNow App, any personal information that was collected by us may be permanently deleted.  Where reasonably possible, we will endeavour to give you reasonable advance notice and a chance to transfer your personal information from the HealthNow App. 

 

3. Privacy 

3.1    We will comply with applicable privacy and health records laws and the Telstra Health Privacy Statement when collecting, handling and using any personal information that we obtain about you in connection with your use of the HealthNow App.

3.2    A copy of the current Telstra Health Privacy Statement is available at https://healthnow.io/privacy.html.  

 

Using the HealthNow App 

4. Eligibility 

4.1    To be eligible to use the HealthNow App, you must be: 

        (A) at least 18 years old; or 

        (B) at least 16 years old and provide us with the consent of a parent or legal guardian.  

 

5. Your Account  

5.1    In order to use the HealthNow App, you must register a Telstra Health Account.  

5.2    To set up your Account, we will ask you to provide some information about yourself. You must ensure that this information is true, accurate, complete and up to date. 

5.3    You consent to us using this information in accordance with our Privacy Statement to: 

    (A) help develop complementary or related products or services that you may elect to utilise; and 

    (B) promoting our products and services that we think you may be interested in.  

5.4    If any of the information you provide changes then you must promptly notify us of those changes:  

        (A) by emailing support@health.telstra.com;or 

        (B) via the HealthNow App under Settings > My Account.   

5.5    You are responsible for any activity that happens on or through your Account.  

5.6    To protect your Account, keep your user login and password confidential. You understand that if you give anyone your user login and password, you are consenting to them accessing your Account on your behalf, including accessing any personal and sensitive information that can be viewed through the HealthNow App.  

5.7    You should notify us immediately if you become aware of any unauthorised access to or use of your Account.  

 

6. Using the HealthNow App on behalf of another person 

6.1    You may only access the HealthNow App on behalf of another person if: 

        (A) you are that person’s Nominated Representative, as defined in the My Health Records Act         2012 (Cth); or 

        (B) you have that person’s express consent and you act strictly in accordance with that consent.  

6.2    If you are accessing the HealthNow App as a Nominated Representative, you must complete the Nominated Representative application when setting up your Telstra Health Account. 

 

7. Alerts, Notifications and Communications  

7.1    We may need to communicate with you regarding your health information or in connection with your use of the HealthNow App. 

7.2    If selected in your Account, you consent to us communicating with you via: 

        (A) the HealthNow App; 

        (B) email; and 

        (C) text message.  

7.3    To enable your Health Service to communicate with you regarding your health information, we may ask you to consent to turning on your push notifications in the HealthNow App.  

7.4    If you consent to us communicating with you via the HealthNow App: we may send you notifications and alerts through the HealthNow App from your healthcare provider or regarding your health services. 

7.5    You can manage your notification settings for the HealthNow App on your personal device. 

7.6    If you choose not to turn on your push notifications, we recommend that you regularly check the HealthNow App for updates, alerts and notifications.  

 

My Health Record 

8. My Health Record  

8.1    My Health Record is an Australian Government initiative, administered, controlled and governed by the Australian Government and the Australian Digital Health Agency (ADHA). My Health Record is governed by Commonwealth laws and policies.  

8.2    The HealthNow App can be used to view your health information stored in your My Health Record, provided we have your consent or we are otherwise authorised by law.  

8.3    The HealthNow App provides a feed from the My Health Record. We do not store or alter any information contained in your My Health Record.  

8.4    If you have any queries, or require any corrections in relation to the information in your My Health Record, you should direct these to the ADHA. 

8.5    There are separate Australian Government terms which govern your use of the My Health Record system which are available via https://www.my.gov.au.  

 

9. Consent  

By linking your My Health Record to your Telstra Health Account, you consent to us providing you with ‘view only' access to the personal information stored on your My Health Record through a live feed.

 

10. Withdrawal of consent  

10.1    You may withdraw the consent outlined in clause 9 at any time by following the prompts in the HealthNow App.  

10.2    Withdrawal of the consent from the HealthNow App outlined in clause 9 does not automatically remove you as a My Health Record Registered HealthCare Recipient.  

10.3    If you wish to stop being a My Health Record Registered Healthcare Recipient, you need to do so through www.myhealthrecord.gov.au.  

10.4    There may be some delay between the time that you withdraw your consent and activation of your request. This is managed by ADHA and we have no control over this process.  

 

11. No ADHA endorsement, affiliation or sponsorship 

11.1    You understand that although the ADHA has registered us as a My Health Record Portal Operator pursuant to its obligations under the My Health Records Act, this registration does not imply: 

        (A) that the ADHA endorses our HealthNow App or any content, information or services provided         through it or by us or our associates;  

        (B) any affiliation of the ADHA with us, other than to register us as a My         Health Record  Portal Operator, in accordance with the requirements of the My Health         Records Act 2012 (Cth), or our associates; or 

        (C) any sponsorship by the ADHA of us or the HealthNow App or any service or content provided         by us or our associates.  

 

12. Intellectual Property Rights in My Health Record 

The intellectual property rights in any content submitted to your My Health Record will be governed in accordance with any separate terms attached to your use of the My Health Record system, referred to in clause 8.6. 

 

Other connected Health Services 

Clauses 13 to 16 only apply to Health Services as defined in clause 13.1.  

 13. Health Services  

13.1    HealthNow may have other health services you can connect to, such as Hospitals, to send you information regarding outpatient waitlist and appointment information (Health Services). 

13.2    If you are invited by your hospital to connect via HealthNow, you will be required to verify your details prior to your connection being authorised.  The information required for verification may vary across different Health Services. 

13.3    The HealthNow App can be used to receive notifications and view information relating to your hospital outpatient appointment with a Health Service.  

 

14. Consent  

By connecting to your Health Services via HealthNow, you consent to us providing you notifications to receive and view information from your Health Service. 

 

15. Withdrawal of consent  

15.1    Where some details are updated in the Health Services system, it may result in an automatic disconnection from HealthNow and you will no longer be able to receive information from the Health Service. 

15.2    In this case, if you wish to continue to receive information, you will need to re-verify your details with your Health Service via the HealthNow app under Settings > My Connection. 

15.3    You may also choose to withdraw your consent and disconnect from the Health Service. You can find the ‘disconnect’ option under Settings > My Connections and your connected Health Service.

 

16. Alerts, Notifications and Communications

16.1    For your Health Services to communicate with you regarding your health information, we may ask to consent to turning on push notifications in the HealthNow App. 

16.2    If you consent to us communicating with you via the HealthNow App: we may send you notifications and alerts through the HealthNow App from your healthcare provider or regarding your Health Services. 

16.3    You can manage your notification settings for the HealthNow App on your personal device. 

16.4    If you choose not to turn on your push notifications, we recommend that you regularly check the HealthNow App for updates, alerts and notifications. 

 

Important things to note 

17. Intellectual Property  

17.1    Subject to clause 12, we (or our licensors) retain ownership of all intellectual property rights subsisting in the HealthNow App, including messages and content we make available to you. We give you a personal, non-assignable and non-exclusive licence to use the HealthNow App for non-commercial purposes only. 

17.2    You must not copy, modify, distribute, sell or lease any part of the HealthNow App, nor may you reverse engineer or attempt to extract the source code, unless you are permitted by law or you have our written permission to do so.  

 

18. Third Parties 

18.1    The HealthNow App may contain links to products and services which may be provided to you directly by third parties (Third Party Products and Services).  

18.2    Any links to third party websites are for convenience only. We have no control over and accept no liability for the content of those websites or any loss you suffer as a result of accessing them. 

18.3    You should contact the relevant third party if you have any queries or concerns regarding the Third Party Products and Services.  

 

19. Disclaimers and Acceptable Use 

19.1    You are responsible for your use of your Telstra Health Account, the HealthNow App and any information or data that you upload to or record using the HealthNow App.  

19.2    You are responsible for your medical affairs and recordkeeping.  Any medical and treatment decisions made by you are based on independent professional medical advice, diagnosis, treatment or judgment. 

19.3    You acknowledge and agree that the HealthNow App, and any information, communications or content you receive from us, are not designed for, and must not be relied upon in relation to any critical, emergency or acute care circumstances, and are not a substitute or replacement for independent professional medical advice, diagnosis, treatment or judgment.  

19.4    In accessing or using the HealthNow App (including by submitting any information or contributions, or transmitting any images, to the HealthNow App) you must ensure that you do not:  

        (A) breach any laws, or encourage or assist the commission of any illegal act; 

        (B) infringe any person’s rights, including intellectual property and proprietary rights, rights of         confidentiality or contractual rights;  

        (C) include any material that contains any virus or harmful code, or program that is designed to         impair the performance of the HealthNow App or any device accessing the HealthNow App;  

        (D) impersonate any other person; 

        (E) negatively impact any other user’s ability to access and use the HealthNow App; 

        (F) publish or link to malicious content; or 

        (G) engage in conduct which is unlawful, defamatory, obscene, threatening, harassing, abusive,         slanderous, hateful or embarrassing to any other person, or which will or is reasonably likely to         damage our reputation or our services (including the HealthNow App).  

 

20. Availability and accuracy of information  

20.1    While we use our best efforts to make sure that the HealthNow App is great, we are unable to guarantee that it will always be accurate, defect free, or compatible with any other systems or services. 

20.2    We aim to deliver the HealthNow App and all associated products and services in a timely, accurate, suitable, and quality manner.  

20.3    As there is no guarantee that the source of your data is accurate and complete, we are unable to guarantee that the information held, collected, displayed or communicated is accurate. Any Information provided by us through the HealthNow App, or communicated in accordance with clause 7 should only be relied upon as an indicator. For example, for patients, the Medicare rebate shown under Services is an indication of subsidy the government may pay for the service that was provided, and we do not guarantee that it is accurate.  

 

21. Liability  

21.1    You must only use or access the HealthNow App for purposes permitted or contemplated by these Terms of Use (or otherwise authorised by us).  

21.2    To the extent permitted by law:  

        (A) neither we nor our licensors, suppliers or any other third party referred to in the HealthNow         App are liable for any loss, cost, damage or injury arising out of:  

                (i) the provision of the HealthNow App or any content available on or via your Telstra                 Health Account; or  

                (ii) any use or misuse by you (or other people) of the HealthNow App  or your Telstra                 Health Account or any content available on or via your Telstra Health Account; and 

        (B) all express or implied guarantees, warranties, representations or other terms not contained in         these Terms of Use are excluded.  

21.3    To the extent permitted by law, we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the access to and use of the HealthNow App.  

21.4    Where any guarantee, warranty, term or condition is implied or imposed into these Terms of Use by legislation, and liability for breach cannot be excluded but can be limited, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following (at our option):  

        (A) 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  

        (B) in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.  

 

22. General  

22.1    Applicable law: These Terms of Use are governed by the laws of the Australian State or Territory in which you principally reside, and we and you each submit to the exclusive jurisdiction of those courts.  

22.2    Severability: If any of these Terms of Use are invalid, unenforceable or illegal, the remaining Terms of Use will continue to apply.  

22.3    Assignment: You must not assign or novate these Terms of Use 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 of Use, and to the extent necessary, you hereby consent to such novation, assignment or transfer.  

 

23. Google Maps  

23.1    The HealthNow App may enable you to access and use maps and other online geographical information owned and operated by Google Australia Pty Ltd (Google Services). In using Google Services through the HealthNow App, you agree:  

        (A) to be bound by Google’s Terms of Service which can be accessed at the following         link: https://www.google.com/intl/ALL/policies/terms/index.html, and you indemnify         us and our Affiliates against any loss, cost or damage arising from any failure by you to comply         with Google’s Terms of Service;  

        (B) that Google may use your data (which might include personal information) in accordance with         Google’s Privacy Policy which can be accessed at the following         link: https://www.google.com/intl/ALL/policies/privacy/index.html

        (C) Google Services content (including map data, traffic, directions and places) is provided for         planning purposes only.  You may find that weather conditions, construction projects, closures or         other events may cause road conditions or directions to differ from the results depicted in the         content of the Google Services.  You should exercise judgment in your use of such content; and  

        (D) we do not control, and do not accept responsibility for, the content of and information         contained or displayed within the Google Services. 

 

24. Contact us  

All correspondence regarding these Terms of Use should be addressed to: support@health.telstra.com