Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the website, telehealth platform, and health consultation services provided by Cloud9 Peak Health Pty Ltd (ABN 50 695 716 324), trading as Peak Health by Cloud9 ("we", "us", "our", "the Clinic").

Our principal place of business is [To be inserted prior to launch].

By accessing our website, booking a consultation, or using any of our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our services. We recommend that you read these Terms in full before booking your first consultation.

2. Service Description

Peak Health by Cloud9 provides telehealth health consultation services delivered by registered Australian health practitioners via video and/or phone. Our service is a clinical consultation service, not a prescription service. The consultation itself is the service we provide. Clinical consultations with prescribing practitioners are conducted in real time by video or phone where required for safe and lawful care. Intake forms and questionnaires support clinical assessment but do not replace a consultation with an appropriately registered and authorised practitioner. Final prescribing decisions are made by an authorised prescriber based on individual clinical assessment.

During a consultation, your clinician will assess your health concerns, review your medical history, and discuss management options that may be appropriate for your individual circumstances. If deemed medically appropriate, your clinician may recommend a personalised treatment plan, which could include lifestyle modifications, referral to another health professional, monitoring, further investigation, or, where clinically indicated, a prescription.

Not all consultations will result in a prescription. Non-prescribing outcomes (including advice, referral, monitoring, lifestyle changes, or no treatment) are equally valid clinical outcomes.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Be a current resident of Australia
• Provide accurate, complete, and up-to-date personal and health information during the intake and consultation process
• Have access to a reliable internet connection and a device capable of supporting video or phone consultations

You acknowledge that providing inaccurate or incomplete health information may compromise the safety and quality of your clinical care. You are responsible for ensuring that all information you provide to us is truthful and current.

4. Consultation Process

Our consultation model follows these steps:

1. Health questionnaire: You complete an online health questionnaire providing your medical history, current concerns, and relevant health information.
2. Real-time consultation: You attend a synchronous (real-time) telehealth consultation with a registered health practitioner via video or phone. A completed questionnaire alone does not constitute a consultation.
3. Clinical assessment: Your clinician conducts an assessment of your health concerns during the consultation.
4. Outcome: Based on their clinical assessment, your clinician will recommend one or more of the following: lifestyle modifications, monitoring and follow-up, referral to another health professional, further investigation (such as pathology), a personalised management plan (if deemed medically appropriate), or no treatment at this time.

All clinical decisions are made by your treating practitioner based on their professional judgement and your individual clinical circumstances. Individual results vary based on your unique health profile and circumstances.

Telehealth is not suitable for all clinical circumstances. Your practitioner may determine that telehealth alone is not clinically appropriate and may recommend in-person assessment, urgent care, GP review, specialist referral, further investigation or no treatment.

Quizzes, intake forms and questionnaires are used to collect information and support clinical assessment. They do not diagnose conditions, determine treatment suitability, guarantee access to medication, or replace a real-time consultation with an appropriately registered and authorised practitioner where required.

5. Prescription is Not a Guaranteed Outcome

A consultation does not guarantee a prescription. Your clinician may recommend lifestyle changes, monitoring, referral, further investigation, or no treatment. Every outcome is individually assessed and equally valid.

Our practitioners are bound by their professional and ethical obligations, including the Medical Board of Australia's Code of Conduct, and will only prescribe where it is clinically appropriate to do so. You should not book a consultation with the expectation that a prescription will be provided as a guaranteed outcome.

6. Medications and Dispensing

If your clinician determines that a prescription is medically appropriate, any prescribed medications will be dispensed by an Australian pharmacy authorised under relevant state and territory pharmacy and medicines laws. We do not dispense medications directly. Where compounding or manufacturing requirements apply, the relevant pharmacy or manufacturer must comply with applicable therapeutic goods, pharmacy, professional and jurisdictional requirements.

Please note the following:

• The dispensing pharmacy is a separate entity from Peak Health by Cloud9. Any queries regarding the preparation or dispensing of medications should be directed to the pharmacy.
• Estimated delivery timeframes provided by the pharmacy are estimates only. Delivery timeframes may vary depending on your location, pharmacy processing times, and other factors outside our control.
• You are responsible for informing your clinician of all current medications, allergies, and relevant medical conditions to ensure safe prescribing.

Where a prescription is issued, you may choose where to have it dispensed, subject to legal, clinical, pharmacy and medicine-supply requirements. We may provide information about pharmacy options, but prescribing and dispensing decisions remain subject to professional obligations and patient choice.

Compounded Medicines

Where a compounded medicine is prescribed, it is prescribed and supplied only where clinically appropriate, legally permissible and patient-specific. We do not advertise specific prescription-only or compounded medicines to the public. Compounded medicines are subject to applicable therapeutic goods, medicines and poisons, pharmacy, professional and state or territory requirements.

No Indirect Prescription Promotion

This website and our services do not advertise, promote, or recommend any specific prescription-only medicine, Schedule 4 or Schedule 8 substance to the public. Any clinical information provided during a consultation is individualised clinical advice, not product promotion.

7. Cancellation and Refund Policy

Cancellations

You may cancel or reschedule a booked consultation at any time. If you cancel or fail to attend your appointment with less than 24 hours' notice, a $50 cancellation fee applies.

Refunds

Consultation fees are generally non-refundable once a consultation has been delivered, as the clinical service has been provided in full regardless of the clinical outcome.

If you believe a consultation was not delivered as described, or you have concerns about the service you received, please contact us using the details in Section 17.

Australian Consumer Law

Except as required under Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), nothing in these Terms excludes, restricts, or modifies any right or remedy you may have, including where services are not provided with due care and skill, are not fit for purpose, or do not match their description. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Membership and Promotional Offers

Any discount, membership offer, subscription, promotional offer or package will be subject to clearly stated terms and conditions. Offers do not guarantee clinical suitability, treatment, medication, prescription or health outcomes, and must not be used to encourage unnecessary consultations, prescribing or repeat use of health services.

8. Limits of Confidentiality and Mandatory Reporting

We treat all personal and health information as confidential in accordance with our obligations under the Privacy Act 1988 (Cth) and applicable state and territory health records legislation. However, confidentiality is not absolute.

There are circumstances where we are required or authorised by law to disclose your information without your consent. These include:

1. Serious and imminent risk of harm: Where we reasonably believe that disclosure is necessary to lessen or prevent a serious threat to the life, health, or safety of any individual, or to public health or safety.
2. Mandatory reporting of child protection concerns: All Australian states and territories have mandatory reporting laws that require certain professionals to report suspected child abuse or neglect to the relevant child protection authority.
3. AHPRA practitioner reporting obligations: Under section 140 of the Health Practitioner Regulation National Law Act 2009, registered health practitioners have mandatory notification obligations in relation to notifiable conduct by other practitioners, including where a practitioner's conduct places the public at risk of harm.
4. Court orders and legal requirements: Where we are compelled to produce records by a court order, subpoena, coronial inquiry, or other lawful process.

Where disclosure is required without your consent, we will limit the information disclosed to the minimum necessary for the purpose.

9. Clinical Complaints Pathway

We are committed to providing a high standard of clinical care. If you are dissatisfied with any aspect of our service, we encourage you to raise your concern with us first so that we can work to resolve it.

Internal complaints

To lodge a complaint, contact us using the details in Section 17. Please provide as much detail as possible about your concern, including relevant dates and the outcome you are seeking. We will acknowledge your complaint within 5 business days and provide a written response within 30 days.

External complaints pathways

If you are not satisfied with our response, or wish to lodge a complaint directly with an external body, the following organisations can assist:

• Australian Health Practitioner Regulation Agency (AHPRA): For complaints about registered health practitioners.
  Website: www.ahpra.gov.au
• Health Care Complaints Commission (HCCC): For complaints about health service providers in New South Wales.
  Website: www.hccc.nsw.gov.au
  For other states and territories, contact the Health Complaints Commissioner or equivalent body in your jurisdiction.
• Office of the Australian Information Commissioner (OAIC): For complaints about the handling of your personal information or privacy.
  Website: www.oaic.gov.au
  Phone: 1300 363 992

10. Crisis and Emergency Information

If you are in immediate danger or experiencing a mental health crisis, call 000 or Lifeline on 13 11 14. Beyond Blue: 1300 22 4636.

This service is not a crisis or emergency service. Our telehealth consultations are scheduled appointments and are not designed to provide urgent or emergency care. If you require immediate medical attention, please call 000 or attend your nearest emergency department.

11. Privacy

Your personal and health information is collected, stored, used, and disclosed in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) and applicable state and territory health records legislation.

Full details of how we handle your information are set out in our Privacy Policy, which forms part of these Terms. By using our services, you acknowledge that you have read and understood our Privacy Policy.

12. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Cloud9 Peak Health Pty Ltd or its licensors and is protected by Australian and international intellectual property laws.

You may not reproduce, distribute, modify, display, or create derivative works from any content on this website without our prior written consent, except for personal, non-commercial use such as printing a copy of your own clinical information for your records.

13. Limitation of Liability

To the maximum extent permitted by law, and subject to the consumer guarantees under the Australian Consumer Law:

• Our liability for any breach of a consumer guarantee that cannot be excluded is limited to the re-supply of the service or payment of the cost of having the service re-supplied.
• Third-party pharmacies, pathology providers and other external providers are separate entities responsible for their own services. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, professional duty, clinical responsibility, negligence liability, or other right or remedy that cannot lawfully be excluded. We remain responsible for the clinical services we provide and for our legal obligations in coordinating your care.
• Individual results from any clinical consultation vary. Assessment findings and clinical recommendations do not guarantee a particular health outcome.
• We maintain appropriate professional indemnity insurance for the clinical services we provide. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be excluded.

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law.

14. Indemnity

You agree to indemnify and hold harmless the Clinic, its directors, officers, employees, and contractors against any claims, losses, or damages arising directly from:

• Your deliberate fraud or wilful misrepresentation of your identity, health history, or personal information
• Your breach of these Terms
• Your use of our services in a manner not authorised by these Terms

This indemnity does not apply to the extent that any claim arises from our own negligence, breach of duty, or failure to comply with our legal obligations.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising out of or in connection with these Terms or your use of our services.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. The updated version will be published on our website with a revised "Last updated" date.

Where a change is material (for example, changes to our cancellation policy, liability provisions, or the scope of services), we will take reasonable steps to notify you before the change takes effect, such as by email or by a prominent notice on our website.

Your continued use of our services after the updated Terms are published constitutes your acceptance of the revised Terms. If you do not agree with any changes, you should discontinue using our services.

17. Contact

If you have any questions about these Terms, wish to lodge a complaint, or need to contact us for any reason, please reach out:

• Email: [email protected]
• Phone: 0447 999 929
• Post: Cloud9 Peak Health Pty Ltd, [To be inserted prior to launch]