Terms and Conditions

The following are the general Terms and Conditions (the “Agreement”) which govern your access and use of our telehealth services. The services may be provided to you via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the HealthBright website and its related apps.

By accessing or using our online services, you are entering into this Agreement. You should read this Agreement carefully before starting to use the online services. If you do not agree to be bound to any term of this Agreement, you must not access the services.

1. Telehealth Services

These online services may be used to connect you with a Service Provider who will provide services to you.

We require every Service Provider providing telehealth services to be an accredited, trained, and experienced licensed practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Practitioners must have the requisite qualifications in their field, a minimum required level of experience and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.

Our Service Providers are independent service providers who are neither our employees, nor agents, nor representatives. Our telehealth services are limited to enabling the Services while the Services themselves are the responsibility of the Service Providers who provide them. If you feel the Services provided to you do not fit your needs or expectations, you may change to a different Service Provider who provides services through HealthBright.

While we hope the Services are beneficial to you, you understand, agree and acknowledge that these services may not be the appropriate solution for your needs and/or may not be a complete substitute for a face-to-face examination or other care and treatment solutions available through other providers.

We reserve the right to restrict or terminate your service based on clinical governance requirements and ethical standards that may be impacted by dual relationships with other practitioners.

By agreeing to these Terms & Conditions you hereby acknowledge that the Services provided by the website do not constitute a replacement for in-person care from Doctors or other medical professionals, especially in circumstances of medical or mental health emergencies and crises. In the event of such emergencies, please call triple zero (000) immediately.

2. Pricing of Consultations & Billing Policy

The price of all services provided on the HealthBright platform are subject to pricing schedules reasonably determined by the Company and the Company reserves the right to reasonably set and amend the fees chargeable for services rendered on the platform from time to time in a manner consistent with internal management of the Company and Platform. The prices charged by the Company for the services provided by the Platform are informed in part by the costs associated with the Company’s running and maintenance of the Platform and overhead expenses associated with the Platform.

The billing policies of the Company for the services provided on the Platform are informed by the guidelines set by the Australian Medical Association (‘AMA’) and price increases or adjustments that are made from time to time by the Company are made according to CPI.

All reasonable steps will be taken by the Company to ensure that you, the client of the services provided on the Platform will be notified of the pricing schedule and any changes thereof made by the Company to the prices in the schedule.

In agreeing to use HealthBright’s services you agree to assign your right to Medicare benefits under your Mental health treatment plan to the Service Provider who rendered the service. Your Service Provider will submit a bulk billing claim to Medicare on your behalf after each applicable session that you attend.

Payment for the services provided to you on the Platform not covered by Medicare will be taken from the Direct Debit/Credit Card information provided to the Platform at the time of registration for the Platform. Payment for the services received by you are required by no later than the day upon which the service is received by you. You confirm and agree to use only Credit Cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.

3. Government Rebates

If you are eligible for Government/Medicare Rebates for services provided by HealthBright, we will take all reasonable steps to process your rebate claim on your behalf. If we are unable to process an applicable Government/Medicare Rebate, HealthBright will be required to bill you in accordance with our Pricing of Consultations & Billing Policy. We make no warranties and provide no guarantees as to the accuracy, timing or success of such rebate applications processed on your behalf and by agreeing to this Agreement you are hereby indemnifying HealthBright and its employees, agents and authorised officers against all loss, damage, injury, claims and objections.

In order to claim Medicare rebates for psychological services, you will need a referral from a GP. Please refer to the Medicare website to determine whether you are eligible for Medicare rebates.

Please remember that Medicare covers only 10 sessions per calendar year. If you exceed 10 sessions, you are welcome to continue seeing your psychologist at a full out-of-pocket cost. Kindly keep track of your sessions to avoid unexpected private fees.

4. Third Party Content

The website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and by agreeing to these terms and conditions you agree to indemnify HealthBright and associated companies and directors against any damage or loss caused by any Third Party Content.

5. Disclaimer of Warranty and Limitation of Liability

You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from any Services received via video conferencing, phone or through the website, including but without limitation to any act, omission, opinion, response, advice, suggestion, information and/or service of any Service Provider and/or any other content or information accessible through the website.

You understand, agree and acknowledge that the website, the Company and all associated directors and operators provide absolutely no warranties (express or implied) including but not limited as to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the website is at your own risk.

You understand, agree and acknowledge to indemnify and keep indemnified the website and the Company against any indirect, incidental, consequential, special, punitive or exemplary damages.

This section (limitation of liability) shall not merge on the termination or expiration of this Agreement.

6. Your representations, conduct and commitments

You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.

You hereby confirm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree and confirm that your use of the Website, including any Services, are for your own personal use only and that you are not using the website or the Services for or on behalf of any other person or organisation.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the website and your relationship with the website, company, or Service Providers.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:

1. your access to or use of the website;
2. your violation of any of the provisions of this Agreement;
3. non-payment for any of the Services (including any Services) which were provided through video conferencing, phone or through the website;

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorised to use, and that all payment-related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.

7. Modifications, Termination, Interruption and Disruptions to the Website

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the website, any part of or use of the website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

8. Important notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Australia.

You irrevocably agree that the Supreme Court of New South Wales shall be the exclusive venue for any action or proceeding arising out of or relating to this Agreement or our relationship with you, regardless of theory. You irrevocably consent to the jurisdiction of that Court and waive any objection to its exercise of jurisdiction.

This agreement constitutes the entire agreement between you and us. You may not rely upon any promises or representations by us except as set forth in this agreement.

We may change this Agreement by posting modifications on the website. Unless otherwise specified by us, all modifications shall be effective upon posting. By using the website after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the website and participation in its services.

We may freely transfer or assign this Agreement or any of its obligations hereunder.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, that provision shall be severed from the rest of the Agreement and the remaining provisions of this Agreement will remain in full force and effect.

9. Non-Attendance/Late Cancellation Policy

We understand that there may be occasions when you need to reschedule your appointment with your clinician.

Please be advised that if you do not attend a scheduled appointment or fail to provide at least 24 hours' notice of cancellation, you will be classified as a "no-show," and a non-attendance fee of $100 will be automatically applied. This fee must be settled before any further consultations can be scheduled noting that non-attendance fees are not claimable through Medicare, DVA, or workers' compensation organisations.

Requests for waiving these fees are solely at the clinician's discretion and should be submitted in writing to the practice manager at practicemanager@health-bright.com.au, who will coordinate with your clinician.

Please be aware that administrative staff do not have the authority to waive fees. If you believe there has been an administrative issue contributing to your non-attendance, please report this to the practice manager for review.