For Clinics & Health Care Providers
Background
The following terms and conditions govern the Clinic and Health Care Providers – herein referred to as ‘user’ – regarding use of the WELIO website and mobile applications, as owned and operated by WELIO PTY LTD, including the www.welio.com website (WELIO) and any related services made available to users via WELIO. Strict compliance with these terms and conditions is a condition of use of all and any WELIO-owned platforms (including WELIO and the related smartphone application) and properties. Users not agreeing with the WELIO terms and conditions should immediately cease use and request for their account to be deleted by emailing privacy@welio.com.
These terms should be read in conjunction with the WELIO Privacy Policy outlining organisational privacy policies and protocols.
WELIO provides secure two-way communications via audio or audio-visual means. WELIO does not provide healthcare consultancy, deliver health or health-related services in and of themselves. Any Health Care Provider accessed via a WELIO property (including the WELIO website and smartphone application) are independent providers responsible for their own advice and undertakings. WELIO assumes no responsibility for, makes no representations or warranties with regard to the level of training, skill or quality of any Healthcare Professional accessed via WELIO. Neither WELIO nor any of its subsidiaries or affiliates already third parties associated with the promotion of WELIO or via the serving of weblinks via which WELIO may be accessed shall be liable for any advice, undertakings, recommendations, diagnoses or other information provided via the WELIO service or website or smartphone application. WELIO does not recommend or endorse any specific medication, product, medical recommendation nor procedure nor does WELIO recommend the warrant any particular Healthcare Professional organisational individual. Implicit within the use of the WELIO platform is that the user acknowledges that any risk associated with use of the platform rests solely and exclusively with the user and, who assumes full responsibility for same.
- Ownership of WELIO and the WELIO smartphone application
All material associated with, and directly hosted on the WELIO site including copy, images, downloadable materials and standard operating procedures are the sole and exclusive property of Welio Pty Ltd. All rights are reserved under local and international copyright and trademark laws.
- Mode of communications – electronic transmissions
Any communication generated within the WELIO service, via text message, audio or audio-visual means or email whether via desktop, tablet or mobile device and whether to or from WELIO constitutes an electronic communication which the user has consented to send from WELIO or receive from WELIO. The user agrees that any consents or agreements provided to WELIO electronically are intended to have full legal force as if such consents were provided in writing.
Welio utilises Microsoft cloud services to store and access data and information related to providing services to its clients. Microsoft cloud services meet a broad set of international and industry-specific compliance standards, such as ISO 27001, HIPAA, FedRAMP, SOC 1 and SOC 2, as well as country-specific standards, such as Australia IRAP, UK G-Cloud and Singapore MTCS.
Welio also uses a third-party to provide secure voice and video calls, for which the security framework is based on the ISO 27001 Information Security Management System. ISO 27001 is a globally recognised, standards-based approach to security that outlines requirements for an organization’s information security management system (ISMS).
For some of our messages Welio uses Google’s mobile services platform which is compliant with the most stringent security and privacy requirements. All messages and images are encrypted and communicated in such a way as to prevent eavesdropping, tampering or message forgery. Messages and attachments may be hosted temporarily in a secure Australian database and permanently in our secure Microsoft database.
- Site security and access provisions and restrictions
Any user creating a WELIO account agrees to complete any related registration process utilising current, complete and entirely accurate information without omission or error. As the account holder, the user is responsible for all and any activities undertaken via such account. To the extent that the user is required to utilise an ID and password for access to password-protected areas, the user agrees that access to such password-protected areas will be gained purely and exclusively through the use of the user’s personal ID and password and not through the use of the ID and password of any other person or organisation. The user agrees to take all reasonably necessary steps to protect their ID and password, and not to disclose their ID and password to any third party. The user agrees that all activity occurring under their ID and password is their responsibility. The user agrees that at the discretion of WELIO a user maybe blocked or excluded from the use of WELIO.
Users should be aware that, when using WELIO, no data transmission over the Internet can be guaranteed as completely secure. WELIO does not warrant the security of any information the user or the health care provider/clinic transmit to WELIO over the internet and users do so at their own risk.
Users are strictly prohibited from attempting to, directly or indirectly, of and in themselves or through a third party, violating the security of WELIO or its related properties. This includes (but is not limited to) logging on to a server or an account for which the user is not authorised to access; attempting to test or probe network security or to breach any aspect of site security or user authentication without the appropriate authorisation. In addition, users are prohibited from accessing, or attempting to access, data not directly relevant to (or intended for) that specific user. WELIO expressly prohibits the use of any form of mechanised or robotic data capture, via scraper or other equivalent intervention or by any means whatsoever to copy, capture or access data from WELIO or any of its related properties. Deep-linking to any particular element of content within WELIO or any of its related properties is expressly prohibited, as is any attempt to subvert, avoid, exclude all by any other means prevent or restrict access to WELIO or any of its related properties. Users agree not to use any form of device, software, manual process or automated mechanism of any kind whatsoever to interfere with the good and proper working of WELIO or its related properties.
WELIO and its related properties reserve all rights to engage in full and proper collaboration with law enforcement authorities, both in Australia and abroad, in relation to users potentially involved in violations of these terms and conditions.
- User Consent
WELIO assumes that by registering for an account, the Clinics representative has the capacity and authority to consent for the Clinic and register users (administration staff and Health Care Professionals) for their clinic. Administration and Health Care Providers added by a clinic who authenticate their user account are also assumed to have capacity to consent.
Consent by the user is considered informed by the fact that they have agreed to these terms and conditions and the Privacy policy as part of the requirement during the registration process.
Consent is assumed current and specific to the services provided by WELIO and available to the user as long as the user continues to use WELIO. In the case where a user requests to have their personal information and account deleted, WELIO will action the request with consideration to applicable privacy or data protection laws. Such request must be sent to the WELIO Privacy Officer at privacy@welio.com and will only be actioned once the user provides certain details to confirm their identity.
WELIO uses secure methods to destroy or to permanently de-identify personal information within a reasonable after receiving the initial request by the user (unless required to retain by any applicable privacy or data protection laws) or if WELIO determines that the personal information received is required to be destroyed or permanently de-identified in accordance with any applicable privacy or data protection laws.
- WELIO – no provision of medical services
WELIO is does not provide medical services and is only recommended for health care issues of a non-urgent nature. Clinics providing services via WELIO are advised to inform their patient’s that they should only use WELIO for non-urgent and routine health issues.
The user acknowledges that WELIO and its related properties do not provide medical services, and the use of the WELIO platform should not be construed as WELIO in and of itself providing any form of medical representation or guidance. The user acknowledges that, without limitation, any video, audio, illustrations, drawings, text or text messages, photographs, copy or any other form of graphics is provided for information purposes only and does not constitute professional healthcare advice, nor should be construed as a diagnosis or recommendation of any kind. The user agrees that nothing in the makeup, content or structure of the WELIO platform or that of its related properties should be construed as leading to, or manifesting in, the creation of a doctor-patient relationship and that the relationship the user has with their patient is limited to themselves and their patient directly.
WELIO, as a provider of a telehealth platform does not guarantee that a telehealth consultation is the appropriate mode of consultation for any patient’s particular health care problem. The user has the sole discretion to decide whether or not a telehealth consultation is appropriate, whether or not to provide any particular service, and to determine the health services required. If the user decides that the health service require by the patient cannot be delivered via a telehealth consultation, it is the user’s responsibility to inform the patient accordingly.
- Payments and Refunds
The user agrees to pay all fees or charges in accordance with these Terms and the fees and charges in effect at the time a fee or charge is due and payable. Actual fees charged may vary depending on the duration of final fee charged by the Health Care Provider.
All fees and charges associated with a telehealth appointment are paid by the credit card provided by the patient and paid directly to the clinic’s bank account as set up in the registration process less the WELIO fee. The actual fee charged to the patient will be emailed to the nominated email account at the end of each consultation and a reconciliation report for each day emailed on a daily basis.
Whether a patient is entitled to any refund for a telehealth consultation will be determined by the clinic. Refunds are the responsibility of the clinic and will include the consultation fee and WELIO patient fee charge. The user will need to apply for the WELIO fee to be refunded by email to support@welio.com with an explanation as to why the refund was required.
- WELIO and related properties – indemnification
The user agrees to indemnify WELIO and its related parties from and against any and all third-party claims, damages and expenses reasonably incurred by WELIO and its related entities in anyway arising out of the user’s breach of these terms and conditions in part or in whole.
- Limitation of liability
The user agrees that WELIO and any of its related parties are neither responsible nor liable for any direct, indirect, incidental, consequential, special, punitive or extraordinary damages whatsoever (including, without limitation, any resulting from lost profits, data or lost business continuity) arising out of, or relating in any way to, the use of WELIO or its related properties under statute for common law. The user agrees that this indemnification applies irrespective of whether any such a claim may be based on warranty, tort or contract. Beyond that as maybe required by reasonable application of applicable law within the relevant jurisdiction, WELIO liability shall in all events not exceed the amount of AU$25.00.
- Licensing and Access Rights
Subject to user compliance with these terms and conditions of use, WELIO grants the user a limited, non-exclusive and non-transferable, non-sub-licensable license to access and use of WELIO and its related properties for personal and non-commercial use. This license does not allow for any resale, redistribution or any other derivative use of WELIO or its related properties. This license does not allow for any downloading, copying or any other use of WELIO account information in a way that is inconsistent with its intended use. This license does not allow for the use of data mining or extraction tools and no part of the WELIO or related product offering may be sold, resold, copied, reproduced, duplicated or otherwise exploited for commercial gain without the express and prior written approval of WELIO. This license does not allow for the use of meta tags or any form of hidden text utilising any asset owned by WELIO or its related entities.
With regard to access, WELIO does not guarantee or warranty that any particular usage occasion will be uninterrupted or entirely error-free. Scheduled and ad hoc maintenance and connectivity outages in addition to bandwidth and user-side technical limitations may, from time to time, impact upon service provision.
- Sharing of User Information
Users agree, when using WELIO or its related properties, not to provide any personal information, uploads, postings, comments, texts or sharing information via audio or audio-visual means which is false, misleading or inaccurate, obscene, threatening, fraudulent, likely to impinge upon privacy or copyright protection, or in any way unlawful.
- Disclaimer of warranty
The user acknowledges that, to the extent permitted by law, WELIO is provided on an ‘as is’ basis without any guarantee or warranty as to fitness-for-purpose with this provision forming an essential part of this agreement. Any and all responsibility and risk associated with use of the site will remain with the user.
- Ownership
The user acknowledges that all and any intellectual property along with any derived works associated with WELIO remains solely and exclusively with WELIO Pty Ltd.
- Right to Modify Revisions; General
WELIO reserves the right to undertake modifications to these terms and conditions at any time with such modifications to come into effect immediately upon publishing to web. Any use of this website after such changes will be taken and deemed an acceptance of those changes. The user agrees to review terms and conditions upon each use of WELIO.
- Analytics and tracking
The user acknowledges that WELIO uses third party analytics packages which can use cookies to track non-personal information.
- Severability
Should a court of competent jurisdiction determine that any particular provision within this agreement is unenforceable, such provision should be excluded to the minimum extent necessary such that any remaining terms shall otherwise remain in full effect.
