Terms & Conditions

These Terms and Conditions (the "Terms") will apply to the provision by Teladoc Health (hereinafter "Teladoc or us") of Vivo Virtual Care (hereinafter "the Service") to eligible members, defined as a member of a Policyholder that includes the Services as defined within a services agreement between MLC Life and Teladoc.

Please read these Terms carefully and make sure that you understand them.

You will be asked to agree these Terms before registering on the portal. By clicking "I AGREE" you are entering into a legally binding agreement with Teladoc and expressly accepting these Terms and the Privacy Policy.

Acceptance of these Terms is a condition of use for the Service.

Vivo Virtual Care

The purpose of the Portal is to make routine, non-emergency communication more convenient and to provide you with fast and secure access to our Services.

In case of a medical emergency, do not use the Portal to communicate with us.
Please dial the relevant local emergency number for the country you are in, and then contact your treating doctor.

Service limitation/restrictions

The Portal has, by its own nature certain limitations/restrictions regarding the Service and does not replace face-to-face consultations with your treating doctor or primary healthcare practitioner, nor does it replace primary healthcare. Face-to face consultations are always essential in cases of medical emergencies and where physical examination/intervention is required.

You are responsible for providing the Healthcare Professionals with the information that they advise is required in order to provide you with the Service.

If following use of the Portal, you have doubts or concerns regarding the professional advice/service provided, or regarding your health and wellbeing, please seek further medical assistance in a regular face-to-face consultation.

As with any other healthcare service, no results can be guaranteed or assured.

Privacy

Teladoc provides its services in compliance with Australian Privacy laws. Please refer to the Privacy Statement for details.

Identity Checks and Authentication

1) Initial authentication: Performing a physical comparison by photo ID verification:

To access our Service, we may request an identity check. This only ever needs to be done once when we collect your initial written consent. Thereafter we will simply ask a combination of security questions along with your contact details.If the photographic ID does not have the address, then we will ask for a further non-photographic document to confirm the patient address. This process should ordinarily only take a few minutes.

New Patient Registrations through our APP: our agent will simultaneously assign the case to our doctor and send the patient an email explaining the identity check process.

1) We will ask the patient to verify identity by taking a picture of their passport, driver license, National Identity card, or residence permit and thereafter following a few short steps where they will take a "selfie" and the identity check will be complete.

If the photographic ID does not have the address, then we will ask for a further non-photographic document to confirm the patient address. This process should ordinarily only take a few minutes.

2) If the patient is consulting on behalf of their child, we will ask for proof of parental responsibility before creating a unique file for the child. This will usually be a birth certificate.

3) Ongoing authentication:

a: Check credentials against eligibility data provided by the client (MLC Life)

b: The first time a member use the portal, they will provide identifying information – name, email address and date of birth.

c: We will confirm identity by asking security questions when speaking with the member. This way we ensure we are talking to the correct person.Audits are performed to ensure that the above-mentioned process is followed by listening to phone recordings and ensuring that the protocol is accurately being used.

Prescriptions

Our Health Professionals do not issue prescription for medicines or referrals to specialists. If you would like a prescription or referral, please contact your treating doctor. You agree that: (i) you will not request prescriptions or referrals from the Health Professional; (ii) to contact your treating doctor for prescriptions and referrals.

User Account and Eligibility

When registering on the App/Portal you will be required to create an account by providing us with your preferred email address. You will then receive an email with login credentials to the Portal.To create an account, you confirm that you are older than 18 years of age. If you are under 18 years of age, you may not register to use the Service.You may not transfer or share your login credentials with anyone or create more than one account (with the exception provided below). Under no circumstances may you use someone else's account.

Use of Service by minors

The Service is not available for persons under 18 years of age.However, the Account holder for any User under the age of 18 must be the User's parents or legal guardian.If you register as the parent or legal guardian, you will be fully responsible for complying with these Terms.

Acceptable Use Policies

You agree not to use the App/Portal for any purpose other than to request a case or communicate with us about your case.

In particular, you agree that you will not attempt to:

• impersonate any person or entity, or misrepresent your affiliation with a person or entity;

• use the App/Portal or the Service to violate any laws or regulations

• decompile, reverse-engineer, disassemble or translate any software or other components that the App/Portal or the Service utilizes;

• distribute viruses or other harmful computer code through the App/Portal;

• circumvent any security safeguard that we use to protect the security of our information systems; or otherwise use the App/Portal or the Service in any manner that exceeds its scope of use.

Intellectual Property

All copyright material contained within this Portal is the property of Teladoc, or Teladoc has the adequate licenses to use it. Any access to this material by you does not entitle you to any license or right for the reproduction and/or distribution and you must not do so without explicit, prior written consent from Teladoc, which may constitute a serious offence of Intellectual and industrial property.

Communications

The Portal has safeguards that are intended to prevent unauthorized parties from being able to access or read messages while they are in transmission. However, keeping messages secure depends on two important factors. First, we need you to make sure we have your correct email and contact data and you must inform us if it ever changes. Second, you should keep your App/Portal username and password confidential and not share with others. If you think someone knows your password, you should notify us at privacyanz@teladochealth.com and promptly log into the Portal and change it.

Depending on your preferred method of communication, you will receive an email or phone call whenever you have scheduled an appointment through the Portal.

Messages and files sent and received through the Portal may be included in our records and may be deleted in accordance with our records retention policy.

The operation of the Portal may be interrupted by problems with computer hardware or software, interruptions in internet services, computer viruses or other problems beyond our control. If you need to reach us in the event of a service outage, you can contact us through the phone number in the contact us at 1800 325 578.

Termination

Teladoc reserves the right to suspend or terminate your use of the Portal and/or your account for any reason at any time.

You may deactivate your account for any reason at any time by sending an email to medicalanz@teladochealth.com

After termination, we will have no further obligation you provide the Service.

Modification, discontinuation or suspension of the App/Portal

We may modify, discontinue, or suspend the Portal service for any reason at any time. We will inform of it as soon as reasonably practicable.

Modification of these Terms

We may, at any time, and at our sole discretion, modify, add or delete sections of these Terms, as well as correct errors or omissions contained herein. By using the Service following any such modification of the Terms, you are expressly accepting the updated Terms. Therefore, please review the Terms regularly.

Any modification of these Terms will be displayed within the App/Portal as soon as reasonably practicable.

Disclaimers and limitation of liability

YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE PORTAL AND/OR THE SERVICE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. TELADOC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE APP/PORTAL AND/OR THE SERVICE, OR THAT THE PORTAL AND/OR THE SERVICE WILL BE UNINTERRUMPTED OR ERROR-FREE.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW, IN NO EVENT WILL TELADOC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (i) ANY USE OF THE APP/PORTAL AND/OR THE SERVICE PROVIDED BY HEALTHCARE PROFESSIONALS; OR (ii) FROM YOUR INABILITY TO ACCESS OR USE THE APP AND/OR THE SERVICE.

TELADOC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TELADOC'S REASONABLE CONTROL.

Indemnification

You agree to indemnify, defend and hold harmless Teladoc, its officers, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements resulting from, or alleged to result from, your violation of these Terms.

General Provisions

Binding agreement. These Terms constitute a binding agreement between you and Teladoc and constitute a complete and exclusive statement of the Terms of the agreement between you and Teladoc regarding the Service.

Assignment. Teladoc may assign this agreement to any of its affiliates and/or in connection with any merger, sale of all or substantially all assets, sale or equity interests or other change of control transaction involving Teladoc. Users shall not assign or otherwise transfer this agreement, in whole or in part, without Teladoc's prior written consent.

Headings. The headings contained herein are for convenience of reference and shall not affect in any way the meaning and interpretation of these Terms.

Severability. The provisions of these Terms are severable and, should any provision herein be deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of these Terms, which will continue in full force and effect.

Governing law. The interpretation and enforcement of this Agreement shall be subject to the laws of Victoria. The parties submit to the exclusive jurisdiction of Victoria courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.