1. Introduction

Dociva is a service provided by Dociva Pty Ltd (“we”, “us”, or “our”). Dociva Pty Ltd operates the Dociva website, platform and related services.

These Terms of Service (“Terms”) govern your access to and use of the Dociva website located at dociva.com.au, the Dociva platform, and any services made available through Dociva from time to time (“Service” or “Platform”).

Our Privacy Policy also governs your use of the Service and explains how we collect, use, store and disclose personal information and health information.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). By accessing or using the Service, you acknowledge that you have read, understood and agree to be bound by these Agreements.

If you do not agree with these Terms, you must not access or use the Service. If you have any questions, please contact us.

Dociva is not an emergency service. If you have chest pain, severe breathing difficulty, signs of a stroke, heavy bleeding, collapse, seizure, sudden swelling of the lips, mouth, throat or tongue, thoughts of self-harm, or any symptom that feels serious or life-threatening, call 000 immediately or attend the nearest emergency department.

2. Nature of Services

Dociva operates a digital healthcare and telehealth platform that enables eligible users in Australia to request access to medical practitioner assessment and related clinical services, including medical certificate assessments, telehealth consultations, prescription requests, referral requests and other services made available through the Platform from time to time.

Dociva is not an emergency service and does not provide hospital, ambulance, urgent care, crisis support or in-person medical services.

Medical practitioners providing services through the Platform exercise independent clinical judgement. Dociva does not direct, control, require, pressure or guarantee any clinical outcome, including the issuing of a medical certificate, prescription, referral, pathology request, imaging request or other clinical document.

The service you purchase is access to a medical practitioner assessment, review, consultation or other clinical service. It is not a guaranteed medical certificate, prescription, referral or other requested outcome.

Some services, including online consultations, prescriptions, referrals or other healthcare services, may only be available where expressly made available by Dociva.

3. Purchases

If you wish to purchase any service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your name, contact details, billing information, payment details and relevant health information.

You represent and warrant that:

• you have the legal right to use any card or payment method used in connection with a Purchase;
• the information you supply to us is true, correct, complete and up to date; and
• you are authorised to provide any information submitted through the Platform.

We may use third-party service providers to facilitate payment processing, communications, security, service delivery and operational support. By submitting your information, you acknowledge that relevant information may be provided to third parties as described in our Privacy Policy.

We reserve the right to refuse, suspend or cancel a Purchase or request at any time for reasons including but not limited to:

• service availability;
• medical practitioner availability;
• clinical suitability or patient safety concerns;
• errors in the description, availability or price of the service;
• incorrect, incomplete or inconsistent information;
• suspected fraud, misuse or unauthorised transaction; or
• any other reason permitted by law.

4. Fees and Payment

The applicable fees are displayed before checkout and must be paid in advance unless otherwise stated by Dociva.

All fees, charges and prices are listed in Australian dollars. GST treatment will be displayed or applied where required by law.

Fees are charged for access to the relevant assessment, review, consultation, platform service or other service requested. Fees are not charged for a guaranteed certificate, prescription, referral or other clinical outcome.

You are responsible for paying all applicable fees and charges associated with the service you request.

5. Refunds

Dociva provides access to independent medical practitioner assessment and telehealth services. We do not guarantee that a medical certificate, prescription, referral or other clinical outcome will be issued.

A fee is charged for the relevant clinical assessment, consultation, review, platform service or other service, not for a guaranteed medical certificate, prescription, referral or other outcome.

Before practitioner review has commenced: If you request cancellation before a medical practitioner has commenced reviewing your request, or before a booked consultation has commenced, Dociva may provide a refund, credit or rescheduling option, subject to these Terms and applicable law.

After practitioner review has commenced: Once a medical practitioner has commenced reviewing your request, consultation, assessment or other clinical service, the clinical service has been supplied or partially supplied. In this situation, a full refund will generally not be available unless required by law or approved by Dociva in its discretion.

If your application is declined by the doctor: If the reviewing medical practitioner declines your application after clinical review, Dociva may refund the remaining amount after deducting the medical practitioner service fee for the clinical work already supplied, together with any payment processing fees, administrative handling, platform services already supplied, third-party costs and other non-recoverable costs reasonably incurred by Dociva in connection with your request.

If your application is approved: If your application is approved and a certificate, prescription, referral, consultation outcome or other clinical document is issued, a refund will generally not be available unless required by law or approved by Dociva in its discretion.

If further assessment is required: If the doctor requests further information, phone contact or video contact before making a decision, you must be reasonably available using the contact details provided in your application. If you do not respond, are unavailable, provide incomplete information, or choose not to continue after the doctor has commenced review, a refund will generally not be available except where required by law or approved by Dociva in its discretion.

A refund will not be provided merely because a medical practitioner, exercising independent clinical judgement:

• declines to issue a medical certificate;
• limits the certificate period;
• requests further information;
• requires phone or video contact;
• defers the request;
• recommends an in-person assessment;
• escalates the matter to urgent, emergency or other care;
• declines to prescribe a medicine;
• declines to issue a referral; or
• determines that the requested outcome is not clinically appropriate.

Patients are also not eligible for a refund merely because:

• they entered incorrect, incomplete, outdated or misspelled information;
• they selected the wrong service;
• they requested the wrong date or misunderstood time zones;
• they changed their mind or no longer require the service after the service has commenced;
• they were unavailable for phone, video or follow-up contact where required by the medical practitioner;
• their employer, school, university, insurer or other third party does not accept a document issued following the service; or
• they expected a backdated medical certificate, where Dociva does not provide backdated medical certificates.

Employers, schools, universities, insurers and other third parties may have their own evidence requirements. If you believe this may apply to you, please confirm those requirements before purchasing a service from Dociva.

Any discretionary refund, partial refund, credit or goodwill adjustment does not mean that Dociva or a medical practitioner failed to provide the service with due care and skill.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

6. Processing Time

Applications are usually reviewed within 24 hours, depending on practitioner availability, application volume and whether further assessment is required.

The review process involves assessment by an Australian-registered medical practitioner. A medical practitioner may request further information, require phone or video contact, decline the request, limit the requested outcome, defer the request or recommend urgent, emergency or in-person care where clinically appropriate.

Processing times may fluctuate depending on demand, medical practitioner availability, clinical complexity, operational requirements and the information you provide.

If there are significant delays beyond the usual review period, we will attempt to notify you by email where reasonably practicable. You should check your email regularly for updates about your request.

Processing time estimates do not guarantee that a certificate, prescription, referral or other clinical outcome will be issued.

7. Use of the Platform

By accessing and using the Platform as a user, you represent and warrant that:

• you are at least 18 years of age;
• you are currently living in Australia and have an Australian residential address;
• you will be physically located in Australia each time you request or receive a Service;
• you have the legal right, authority and capacity to agree to and comply with these Terms;
• any information that you provide to Dociva or to a medical practitioner through the Platform will be accurate, complete and up to date;
• you will not omit information that may reasonably be relevant to the clinical assessment, including symptoms, medical history, current medicines, allergies, pregnancy status, mental health concerns or other relevant circumstances;
• you will be available for phone, video or other follow-up contact if requested by the medical practitioner or Dociva support team; and
• you will seek emergency, urgent, in-person or follow-up care where advised by a medical practitioner or where your symptoms require it.

8. Telehealth Suitability

Telehealth is not suitable for all health concerns. A medical practitioner may determine that your request is unsuitable for telehealth, that further information is required, that phone or video contact is required, or that you should seek in-person, urgent, emergency or other care.

For any Dociva service, the doctor may require phone or video contact before making a decision if they consider it clinically necessary.

You acknowledge that a medical practitioner may decline, limit, defer or escalate your request where clinically appropriate, including where the information provided is incomplete, inconsistent, clinically insufficient or raises patient safety concerns.

You must not use Dociva for medical emergencies, urgent symptoms, serious deterioration or circumstances where an in-person examination is required. If you are unsure whether your condition is urgent or serious, you should seek immediate medical advice from an appropriate healthcare provider or call emergency services on 000.

9. Medical Certificates

Dociva medical certificate requests are reviewed by Australian-registered medical practitioners. A certificate is only issued where the medical practitioner considers it clinically appropriate after assessment.

Submitting an application does not guarantee that a certificate will be issued.

Dociva does not provide backdated medical certificates. A certificate can only be considered from the date of the clinical assessment and cannot be issued for a date before the assessment took place.

Employers, schools, universities and other organisations may have their own evidence requirements, so acceptance can vary depending on the organisation and circumstances.

You must not alter, falsify, misuse or misrepresent a medical certificate issued through Dociva.

10. Online Consultations

Online consultations, where available, may be suitable for certain non-emergency healthcare concerns. They are not suitable for every symptom, condition or circumstance.

An online consultation does not guarantee that a diagnosis, treatment plan, certificate, prescription, referral or other clinical outcome will be provided.

The medical practitioner may request further information, require phone or video contact, provide general advice, issue an appropriate clinical document where suitable, decline the request or recommend in-person or urgent care.

11. Prescription Requests

Prescription requests, where available, are subject to clinical review by an Australian-registered medical practitioner.

A prescription is not guaranteed and will only be provided where the medical practitioner considers it clinically appropriate and safe.

The medical practitioner may decline a prescription request, recommend an alternative treatment, request further information, require phone or video contact or advise you to seek in-person care.

Some medicines may not be suitable for online prescribing. Dociva may apply additional restrictions to certain medicines, repeat prescriptions, high-risk medicines or requests that require more detailed clinical review.

12. Referral Requests

Referral requests, where available, are subject to clinical review by an Australian-registered medical practitioner.

A referral is not guaranteed and will only be provided where the medical practitioner considers it clinically appropriate.

A referral does not guarantee that a specialist, clinic, imaging provider, pathology provider or other third party will accept the referral, provide an appointment, bulk bill the service or provide a particular outcome.

You are responsible for checking any fees, eligibility requirements, waiting times and acceptance criteria with the relevant third party provider.

13. Fair Use Policy

You agree to comply with the following fair use guidelines when using the Service:

• You will use the Service only for lawful purposes and in accordance with these Terms.
• You will not use the Service in a manner that could negatively impact the availability, suitability, legality or safety of the Service for other users.
• You acknowledge that you are not able to choose the medical practitioner who provides a Service to you.
• You agree that any clinical outcome provided through the Service is subject to the independent clinical discretion of the medical practitioner.
• You will not make excessive, abusive or unreasonable demands on the Service, medical practitioners or Dociva support team.
• You will not submit false, misleading, incomplete or fraudulent information.
• You will not request a medical certificate, prescription, referral or other clinical outcome where you know, or ought reasonably to know, that the request is false, misleading, unsafe or clinically inappropriate.

We reserve the right to refuse, restrict or suspend access to the Service where a user violates these fair use guidelines or otherwise breaches these Terms.

14. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• in any way that violates any applicable law or regulation;
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• to transmit advertising, promotional material, junk mail, chain letters, spam or similar solicitation;
• to impersonate or attempt to impersonate Dociva, a Dociva employee, a medical practitioner, another user or any other person or entity;
• to request a Service for another person unless you are legally authorised to do so and the Service permits that request;
• to submit false, misleading, incomplete, fraudulent or clinically unsafe information;
• to obtain or attempt to obtain a medical certificate, prescription, referral or other clinical outcome by deception, omission, coercion or misuse of the Platform;
• to alter, falsify, misuse or misrepresent any document issued through Dociva;
• in any way that infringes upon the rights of others, is unlawful, threatening, fraudulent or harmful; or
• in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Additionally, you agree not to:

• use the Service in any manner that could disable, overburden, damage or impair the Service;
• use any robot, spider, scraper or other automated means to access the Service for any unauthorised purpose;
• use any manual process to monitor or copy material on the Service for any unauthorised purpose without our prior written consent;
• use any device, software or routine that interferes with the proper working of the Service;
• introduce viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Service, server, computer or database connected to the Service;
• attack the Service via a denial-of-service attack or distributed denial-of-service attack;
• attempt to bypass security controls, access controls or rate limits; or
• otherwise attempt to interfere with the proper working of the Service.

15. User Information and Clinical Accuracy

You are responsible for providing truthful, accurate, complete and up-to-date information when using Dociva.

Incomplete, incorrect, false or misleading information may result in your request being delayed, declined, cancelled or escalated to another care pathway.

You must not withhold relevant information from the medical practitioner, including information about symptoms, medical history, medicines, allergies, pregnancy, mental health, substance use, previous adverse reactions, recent medical reviews or other relevant clinical circumstances.

You acknowledge that the medical practitioner relies on the information you provide when deciding whether a requested clinical outcome is appropriate.

16. Account Verification and Access

To access and manage certain Services, including receiving communications, documents and other materials from Dociva and medical practitioners, you may be required to create an account using your personal email address and/or mobile number.

Dociva may also offer one-time Services that do not require an account. In such cases, you may still receive relevant communications and documents, but ongoing access and management of your records may not be available without an account.

If you create an account, you must:

• ensure that no unauthorised third party has access to your account;
• provide true, accurate, complete and up-to-date information when setting up your account;
• maintain the security, integrity and confidentiality of your email, mobile phone, account credentials and verification codes;
• not share your login details or verification codes with any other person; and
• notify Dociva immediately at support@dociva.com.au if you suspect any unauthorised access to your email, mobile phone, account or verification codes.

You are responsible for all activity that occurs through your account, except to the extent caused by Dociva's own act or omission.

Dociva may suspend, restrict or require re-verification of your account if we reasonably suspect unauthorised access, fraud, misuse, security risk, false information or breach of these Terms.

17. Communications

By using Dociva, you agree that we may contact you using the email address, mobile number or other contact details you provide for matters relating to your request, account, payment, clinical assessment, support, safety, legal compliance or service updates.

You are responsible for ensuring that your contact details are correct and that you check your email and phone for updates.

Email and SMS communications may not always be fully secure. You should take care when using shared devices, forwarding messages or storing documents containing personal or health information.

18. Privacy

Dociva handles personal information and health information in accordance with its Privacy Policy and applicable privacy obligations.

Information you provide may be used for clinical review, service delivery, payment processing, technical support, customer support, audit, compliance, safety, dispute handling, security and other purposes described in our Privacy Policy.

You must not provide another person's personal or health information unless you are authorised to do so.

19. Analytics and Cookies

We may use third-party service providers to monitor and analyse the use of our Service, improve website performance, support security and measure service effectiveness.

Cookies and similar technologies may be used as described in our Cookie Policy.

20. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Dociva Pty Ltd and its licensors, except for content provided by users.

The Service is protected by copyright, trademark and other laws of Australia and foreign countries.

Our trademarks, branding, content, designs and materials may not be used in connection with any product or service without the prior written consent of Dociva Pty Ltd.

21. Error Reporting and Feedback

You may provide us directly or through third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints and other matters related to the Service (“Feedback”).

You acknowledge and agree that:

• you will not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
• Dociva may have development ideas similar to the Feedback;
• Feedback must not contain confidential information or proprietary information from you or any third party unless you are authorised to provide it; and
• Dociva is not under any obligation of confidentiality with respect to the Feedback unless separately agreed in writing.

To the extent permitted by law, you grant Dociva and its affiliates a transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use, copy, modify, create derivative works, publish, distribute and commercialise Feedback in any manner and for any purpose.

22. Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by Dociva Pty Ltd.

Dociva Pty Ltd has no control over and assumes no responsibility for the content, privacy policies, terms, practices, fees, availability or services of any third-party websites or services.

You acknowledge and agree that Dociva Pty Ltd is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any third-party content, goods or services.

We recommend that you read the terms and conditions and privacy policies of any third-party websites or services you visit.

23. No Guarantee of Health Outcomes

You acknowledge and agree that medical practitioners have full discretion in determining whether a requested clinical outcome is appropriate for you.

Dociva does not guarantee that you will receive a medical certificate, prescription, referral, pathology request, imaging request, diagnosis, treatment plan or any other specific clinical outcome.

A medical practitioner may approve, decline, limit, defer or escalate your request where they consider it clinically appropriate.

Dociva does not provide backdated medical certificates. A certificate can only be considered from the date of the clinical assessment and cannot be issued for a date before the assessment took place.

A medical practitioner may be unable or unwilling to prescribe certain medicines, including controlled, addictive, high-risk or Schedule 8 medicines.

24. No Medicare Rebates

Unless otherwise stated by Dociva, you acknowledge and agree that Services provided through the Platform are private services and are not covered by Medicare.

Bulk billing and Medicare rebates do not apply to these Services unless expressly stated by Dociva for a specific Service.

You are responsible for paying the applicable fees for the Services you request through the Platform.

25. Discounts

Dociva may offer discounts on certain Services or to specific users under particular conditions (“Discount Codes”).

Discount Codes do not guarantee that a medical practitioner will provide a specific Service or issue a specific clinical outcome.

Unless otherwise stated in writing by Dociva, Discount Codes:

• are valid only for the specified period, purpose and use determined by Dociva;
• may be redeemed only once per user;
• must be applied at the time of purchase and cannot be applied retrospectively;
• are non-transferable and cannot be resold;
• cannot be combined with other offers; and
• may be cancelled, suspended or refused by Dociva if misuse, fraud or breach of these Terms is suspected.

26. Termination or Suspension of Access

We reserve the right to suspend or terminate your account and restrict access to our Services at any time where we reasonably consider it necessary for patient safety, legal compliance, security, fraud prevention, misuse, clinical governance, operational reasons or breach of these Terms.

For one-time Services, these Terms will apply until the requested Service has been delivered, declined, cancelled, refunded, expired or otherwise completed.

If Dociva later offers subscription services, subscription terms may apply, including billing cycle, renewal, cancellation and access rules disclosed at the time of purchase.

We may suspend your account, terminate access or revoke access to the Platform, either in full or in part, if:

• you breach these Terms, including our Fair Use Policy;
• your use of the Services poses a risk to your safety or the safety of others;
• your actions interfere with the Platform, its Services or the rights of others;
• you provide false, misleading, incomplete or fraudulent information;
• you misuse the Platform to seek an inappropriate medical certificate, prescription, referral or other clinical outcome; or
• we are required or reasonably expected to do so for legal, regulatory, security or clinical governance reasons.

Certain clauses within these Terms, including but not limited to ownership rights, disclaimers, indemnities, refund provisions, privacy, prohibited use, liability limitations and governing law, will remain in effect even after termination.

27. Disclaimer of Warranty

The Services provided by Dociva Pty Ltd are offered on an “as is” and “as available” basis, except for any rights, guarantees, warranties or remedies that cannot lawfully be excluded, restricted or modified.

To the maximum extent permitted by law, Dociva Pty Ltd does not make any representations or warranties, whether express or implied, regarding the operation, availability, security, completeness, reliability or suitability of the Service.

Without limiting the above, Dociva Pty Ltd does not warrant that:

• the Service will function uninterrupted, securely or be available at any particular time or location;
• any errors or defects will be corrected;
• the Service is free of viruses or other harmful components;
• the Service will meet your requirements or expectations;
• any third party will accept a certificate, referral, prescription token or other document; or
• any particular clinical outcome will be provided.

This disclaimer does not affect any warranties, consumer guarantees, rights or remedies that cannot be excluded or limited by applicable law.

28. Limitation of Liability and Indemnity

To the maximum extent permitted by law, Dociva Pty Ltd, its officers, directors, employees, contractors, agents, affiliates and medical practitioners are not liable for any indirect, incidental, special, consequential, punitive or exemplary loss or damage, including loss of profits, loss of revenue, loss of opportunity, loss of goodwill, loss of data or business interruption, arising out of or in connection with your use of, or inability to use, the Service.

To the maximum extent permitted by law, Dociva Pty Ltd's total liability to you arising out of or in connection with these Terms or the Service is limited to the amount you paid for the relevant Service giving rise to the claim.

You agree to indemnify Dociva Pty Ltd, including its officers, directors, employees, contractors, agents, affiliates and medical practitioners, from and against any loss, liability, claim, damage, cost or expense arising from your breach of these Terms, misuse of the Service, provision of false, misleading, incomplete or fraudulent information, unauthorised use of another person's information, misuse of a document issued through Dociva, or breach of applicable law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

29. Changes to Services

We reserve the right to modify, suspend, withdraw, limit or replace any Service at any time, including where required for patient safety, clinical governance, legal compliance, medical practitioner availability, operational reasons or business reasons.

Some services may only be available during certain hours, in certain locations, for certain users or where a medical practitioner considers the request suitable for telehealth.

We are not required to continue offering any particular Service indefinitely.

30. Amendments to Terms

We may amend these Terms at any time by posting the amended Terms on our website.

It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

If you do not agree to the revised Terms, you must stop using the Service.

31. Governing Law

These Terms are governed by and construed in accordance with the laws of the Australian Capital Territory and the applicable laws of the Commonwealth of Australia.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between you and Dociva regarding the Service and supersede and replace any prior agreements regarding the Service.

32. Acknowledgement

By accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms of Service.

You acknowledge that Dociva provides access to independent medical practitioner assessment and telehealth services, and does not guarantee any particular medical certificate, prescription, referral, diagnosis, treatment plan or other clinical outcome.

You also acknowledge that Dociva does not provide emergency services or backdated medical certificates.

33. Contact Us

If you have any feedback, suggestions, comments, refund requests or technical support requests, please contact our support team.

You can contact us at support@dociva.com.au.