Portal Terms Of Service

Effective Date: 23 Feb 2023


1. Accepting these Terms

1.1. You acknowledge CU Health is an online (telehealth) healthcare and wellbeing service provider that aims to connect you with healthcare professionals for medical and wellbeing appointments for ongoing care.

1.2. You acknowledge CU Health will collect, use and disclose your personal information in accordance with our Privacy Policy.

1.3. If you tick ‘I accept’ or ‘I agree’ you acknowledge that you have read and understood these Terms of Service (“Terms”) and that you agree to comply with these Terms on each occasion you use CU Health.

1.4. You acknowledge your ongoing use of CU Health is subject to you not being in breach of any of these Terms.


2. Completing your profile

2.1. You must enter your personal contact information during the registration. By default, you are nominating your mobile phone and email address as the primary contact means for CU Health to send you important messages regarding your health.

2.2. You must complete the confidential health survey to activate your CU Health account. CU Health’s clinical team use your responses to interpret immediate and longer-term healthcare needs and risks and to guide you toward certain CU Health Practitioners or services that are likely to be best suited to your personal circumstances.

2.3. The personal health information you provide CU Health is not disclosed to third parties outside of CU Health. CU Health de-personalises your information (removes information that could identify you as an individual) in providing your organisation with aggregated population health statistics and insights into utilisation to demonstrate and improve the effectiveness of the healthcare service over time.


3. Initial Use

3.1. Once your profile is complete you can book any appointments that are available to you on the Portal. You can also book no-obligation Meet & Greet appointments at no cost to connect with healthcare professionals and determine whether they are suitable for your ongoing care.


4. Existing Care

4.1. CU Health values continuity of care so if your health is currently being managed by external medical providers, we encourage that to continue. CU Health Practitioners aim to complement your existing care by collaborating with your existing medical providers. You can nominate your existing providers during any appointment with CU Health.

4.2. As CU Health is a multi-disciplinary holistic medical practice you acknowledge that you may be referred by one CU Health Practitioner to another CU Health Practitioner in a different discipline to review and assist with supporting you in your health concern. In this instance, you acknowledge that you are not obligated to see that CU Health Practitioner and have discretion to see any provider of your choice whether that be an external provider or another CU Health Practitioner.

4.3. You accept all fees associated with any appointments with external providers outside of CU Health even if you were referred by a CU Health Practitioner.

4.4. CU Health Practitioners will update external medical providers where they deem it to be clinically relevant information. Further correspondence to this is required to be requested at the time of your appointment.


5. Telehealth Limitations

5.1. You acknowledge CU Health does not provide in-person appointments and that such appointments are necessary from time to time. It follows that you accept CU Health is not equipped for medical emergencies or the treatment of acute symptoms.

5.2. In emergencies you must call emergency services on triple zero “000” and as soon as possible afterward update CU Health by making an appointment with a CU Health Practitioner. If you are unsure if your symptoms require an emergency, you should still call emergency services on triple zero “000”.

5.3. During an appointment with a CU Health Practitioner, they will use their clinical judgement to guide you toward appropriate in-person care if your concern cannot be appropriately managed by telehealth.


6. Health Status

6.1. You agree to always provide truthful and accurate information to CU Health regarding your identify, medical history, current symptoms and medical conditions.

6.2. You acknowledge CU Health Practitioners only recommend appointments and further care where, in their professional opinion, there is a clinical need.

6.3. You agree to update CU Health if an external medical professional changes your management or care plan.


7. Appropriate Use

7.1. You are only permitted to use CU Health for your own healthcare.

7.2. CU Health Practitioners are not permitted to provide care directly to your family members including your partner and children.

7.3. If you would like another person to attend one of your healthcare appointments, you agree to obtain prior approval from the relevant CU Health Practitioner. Every CU Health Practitioner has the discretion to approve or decline such a request in their reasonable professional opinion and if approved, you and the other person may be asked to submit a consent form prior to attending.

7.4. At all times you agree to:

a. be respectful and professional in your interactions with CU Health Practitioners and all other CU Health team members
b. comply with all reasonable instructions or policies provided to you in these Terms and by CU Health Practitioners
c. refrain from engaging in unlawful, defamatory, obscene, offensive, aggressive, or scandalous behaviour that may cause distress to others including all forms of harassment toward CU Health Practitioners
d. refrain from providing false or misleading information regarding your identity or health status

7.5. You acknowledge that CU Health Practitioners have the right to deny you service if in their reasonable professional opinion your behaviour does not meet the above standards. In this instance, you will be provided with the reasons your care was terminated in writing and you are encouraged to contact the Practice Manager to discuss this issue further

7.6. You agree to monitor your phone and email messages for important messages from CU Health

7.7. You agree to take full responsibility for your online security when using the Portal to ensure you comply with these Terms, including:

a. properly logging out and closing the browser window when you have finished your session (the default setting will automatically log you out after 20 minutes of inactivity)
b. notifying CU Health and your organisation immediately of any unauthorised use of your CU Health Account or if you suspect your computer has been impacted by harmful code or any other breach of security.
c. Installing the most recent versions of your operating system, internet browser & anti-virus software on the devices you use to access CU Health including the latest patches and updates.
d. checking that you are using the secure site by making sure that the CU Health site address (my.cuhealth.com.au) starts with “https” and look for the padlock in the browser window.
e. configure your internet browser to minimise the likelihood that your computer or privacy will be affected by harmful code.


8. Appointments

8.1. Appointments are available between 9am to 5pm in Sydney time (AEST/AEDT) every day, excluding weekends and public holidays.

8.2. All appointments are encrypted end-to-end, and no audio or video data of appointments is recorded or stored by CU Health.

8.3. You agree to be present/attend all appointments.

8.4. You agree to attend all CU Health appointments at the scheduled start time.

8.5. You acknowledge and accept that if you are running more than 10 minutes late to an appointment CU Health Practitioners reserve the right to cancel your appointment in accordance with our Cancellation Policy without providing you any notice.

8.6. If you are running late or need to cancel at short notice you agree to notify CU Health reception by calling on 1300 284 325 or emailing support@cuhealth.com.au.

8.7. You acknowledge that after the third occasion you did not attend a scheduled appointment, or you have cancelled within three hours of the scheduled start time CU Health may charge you a cancellation fee of $50.00.

8.8. You agree to use your best endeavours to book the next available appointment with the relevant CU Health Practitioner when you are notified by CU Health over the phone, text message or Portal notification to do so. This instance may occur:

a. after a pathology or imaging test, where your CU Health General Practitioner (GP) requires to discuss abnormal test results with you promptly, or
b. when after a consultation, your CU Health Practitioner has scheduled a reminder for you to book another appointment with them to review the same health concern or another clinically significant health concern.

8.9. Any further clinical questions or concerns that may follow an appointment requires another appointment with the relevant CU Health Practitioner. This may include side effects or other issues with treatment prescribed.

8.10. Where a CU Health Practitioner is delayed in attending or cancels an appointment, CU Health will aim to minimise disruption by providing advance notice where possible and assist you to reschedule your appointment.


9. Medical Record

9.1. You agree to keep current your contact details and emergency contact information.

9.2. If any of your personal information changes, you agree to update CU Health as soon as possible by phoning or emailing CU Health’s reception team or by updating your profile information in the CU Health Portal.

9.3. CU Health Practitioners take reasonable steps to ensure your health information and appointment notes are well organised and sufficiently detailed in accordance with Royal Australian College of General Practitioners (RACGP) guidelines.

9.4. CU Health manages the security environment to protect and safeguard your medical record including storing your record in accordance with the Privacy Act 1988 (Australia) and Personal Data Protection Act 2012 (Singapore).

9.5. Your medical record will be stored by CU Health for at least the minimum period in relevant State laws and subsequently archived, deleted or de-personalised in accordance with relevant laws.

9.6. CU Health has a multidisciplinary team care approach to providing care which requires your medical record to be shared with CU Health Practitioners who may be involved in your care.

9.7. CU Health Practitioners handle the personal health information you provide to them at any point in your use of the CU Health service with confidence and they do not disclose that information unless they are required by law to report to the state/territory authority, or if they are directed by you.

9.8. Every CU Health Practitioner is bound to handle your personal health information with care under the law, their professional code of ethics and the terms of their employment with CU Health.

9.9. CU Health’s Clinical Governance committee administers and authorises access for parts of the Portal where personal health information can be viewed. The committee conducts scheduled audits and has powers to revoke access when it is no longer required.

9.10. CU Health’s administrative staff have limited access to your medical file for the purpose of performing administrative duties. Only non-clinical persons with a demonstrable need for administrative access are permitted to access such parts of the Portal and medical file. All non-clinical staff who receive access must first complete training on their obligations to protect privacy under the Privacy Act and are contractually bound to ensure confidentiality.


10. Health Coach Chat

10.1. The health coach chat is optional.

10.2. You agree that the use of the health coach chat is for general health concierge assistance and anything of a personal, sensitive nature should be discussed within an appointment with a CU Health Practitioner.

10.3. The health coach chat must not be used in a medical emergency.

10.4. You acknowledge that CU Health treats all messages you send via the Portal as your medical record. The contents of the chat will be documented in your medical file in accordance with our documentation standards and will be visible to your treating team.


11. Prescription Medications

11.1. CU Health does not guarantee an appointment with a CU Health Practitioner will result in a prescription being issued.

11.2. Where a CU Health Practitioner has prescribed you medication, you agree to carefully read the product packaging and information supplied with the medication before using it. If you do not understand or have any questions you must contact CU Health or book a follow up appointment on the Portal.

11.3. Where you have established an ongoing relationship with a particular CU Health Practitioner, you may use the Portal to request a repeat script to be issued. In this instance, you acknowledge that the CU Health Practitioner has the discretion to:

a. issue you with an e-script to your phone or email, or
b. issue you with a script for a limited supply and request you book in for a brief GP appointment to discuss ongoing scripts
c. deny your script request and request you book in for the next available brief appointment to discuss.


12. Health Content

12.1. CU Health Practitioners may provide materials as a supplement to your care. Any materials provided by CU Health is not intended to be a substitute for personalised medical advice, a diagnosis, or treatment.

12.2. CU Health endeavours to provide materials that are accurate and reliable, to all areas of health. These resources can be accessed without consultation with a CU Health Practitioner. You are responsible for making enquiries and decisions about the accuracy and relevance of the information to your individual circumstances. If you need assistance interpreting the materials, you should book an appointment with a CU Health Practitioner or any appropriately qualified external medical professional.


13. PAYG (Pay as you go) Accounts

13.1. Appointment Fees are in accordance with CU Health’s PAYG Fee Policy, which may be updated by CU Health from time to time. You will be notified when the fee policy is updated.

13.2. Fees are displayed in the Portal and presented to you prior to booking.

13.3. Except where you have a full CU Health Subscription, you are responsible for the payment of CU Health appointments using your credit card at the time of booking the appointment.

13.4. If your Organisation has nominated a percentage (e.g., 50%) to CU Health as a contribution towards the cost of the appointment:

a. your Organisation will pay their contribution directly to CU Health, and
b. you will only be required to pay the balance (less the contribution made by your organisation).

13.5. At any time during the term the contribution percentage may change in accordance with instructions received by CU Health from your organisation. In this instance, the cost of your appointments will change to reflect the change in the contribution amount made by your Organisation.


14. Subscription Accounts

14.1. If you have a full CU Health subscription, you will not be charged by CU Health as your Organisation will pay 100% of the costs directly to CU Health.

a. In this instance, your Organisation may require those that participate in CU Health to pay a nominal contribution amount per week to offset the cost of CU Health which is deducted from your payslip.

14.2. You will not be required to use a credit card whilst on a full CU Health subscription.

14.3. At any time during the term, and in accordance with instructions received by CU Health from your organisation, your account may revert to a PAYG account. In this instance, you will be prompted for a credit card to book future appointments.


15. Vouchers

15.1. Organisations can purchase appointment vouchers for specific appointment types from CU Health at any time.

15.2. You will be notified by email when you receive an appointment voucher, and the available voucher/s will appear on your dashboard within the CU Health portal.

15.3. Vouchers are exchangeable for the full cost of the appointment.

15.4. Vouchers are non-transferable and must be used by you.

15.5. Vouchers must be used for the specific appointment and cannot be refunded or exchanged for another appointment type.

15.6. Vouchers are valid for 12 months after the issue date unless an earlier date has been specified.


16. Other Fees

16.1. You acknowledge that where Medicare does not cover the full fee of a specific service when you see an external health service provider the cost is not covered by CU Health, and it will be an out-of-pocket expense. The instances this may occur is when:

a. you are recommended or referred by a CU Health Practitioner to an external healthcare service provider such as a medical specialist (whether in-person or virtual);
b. you are recommended or referred by a CU Health Practitioner for investigations or tests including imaging and pathology; or
c. you are prescribed medications by a CU Health Practitioner, and you order pharmacy items including medications to be delivered (you do not pay for the cost of the prescription where it is covered by CU Health)

16.2. You acknowledge that limited online (telehealth) appointments are eligible for a Medicare rebates. Where you are eligible for a rebate you agree to and authorise CU Health to process your Medicare claim on your behalf as follows:

a. where you have paid for the appointment using your credit card the bank account you have nominated with Medicare will be credited within 48 hours, if Medicare approves your claim.
b. where you have not paid for the appointment (as you are on a subscription membership) you assign the benefit to CU Health in lieu of you not paying for the appointment.


17. Access

17.1. Without limiting its rights, CU Health will suspend your use of the Portal for any period, if you have an unpaid account.

17.2. CU Health may amend these Terms or our Privacy Policy at any time by providing you with a copy of the amended Terms to the email address connected to your CU Health account. CU Health will treat your continued use as an acceptance of the amended Terms. If you no longer agree to the amended Terms, it is your responsibility to cease using the Portal.

17.3. You acknowledge that your rights to use CU Health may temporarily or permanently be suspended if:

a. you are in breach of these Terms,
b. your Organisation is in breach of their agreement with CU Health, or
c. your Organisation’s agreement with CU Health ends.

17.4. From time to time, temporary periods without access to the Portal may occur when CU Health is performing maintenance or updating new versions of the software. In these circumstances, CU Health will plan to minimise disruptions by providing advanced notice where possible but will not be held liable for any consequences for disruptions to the service.


18. Inappropriate Use

18.1. You must not:

a. knowingly permit another person to access or use your CU Health account for any reasonb. share your login details with any other person and take all reasonable steps to keep your login details secure from unauthorised use and disclosure
c. attempt to gain unauthorised access to another person’s CU Health account
d. infringe or violate our intellectual property rights
e. copy any part of CU Health including any software
f. knowingly transmit any harmful code that intentionally disrupts or impairs the functionality, security, and integrity of the Portal.


19. Liability

19.1. Where CU Health is prevented from performing an obligation by circumstances beyond its reasonable control, CU Health and your Organisation shall not be liable for any non-performance.

19.2. You acknowledge and accept that any advice and/or medical care you receive from a CU Health Practitioner is not advice given by CU Health.

19.3. All services are provided to you by CU Health are on a “best endeavours” basis.

19.4. CU Health does not guarantee there will not be interference with or damage to your computer system, software or data occurring in connect with your use of the Portal.

19.5. To the maximum extent permitted by law, CU Health and your Organisation exclude all liability and responsibility to you (or any other person) for any claim arising, directly or indirectly, in connection with your use of CU Health, and you release CU Health and your organisation from liability for any claim arising from any of those circumstances.


20. Laws

20.1. These terms are governed by the laws of New South Wales and by accepting these Terms you agree that the courts of New South Wales are the jurisdiction.

20.2. If any of these terms are held to be invalid, unenforceable, or illegal for any reason, the remaining Terms will continue in full force.


21. Definitions

21.1. In these Terms:

Organisation means your current employer or members organisation that has partnered with CU Health to provide you with services.

CU Health means CU Health MC Pty Ltd, or such other entity that has the responsibility for administering the CU Health Portal.

CU Health Practitioner means a qualified healthcare professional with the title of General Practitioner, Dietitian, Psychologist or Health Coach, that has been pre-vetted by CU Health to provide Member Services.

CU Health Portal means the technology platform to access CU Health Services and includes the mobile application and the portal accessed using a web browser.

CU Health Services means all the health and wellbeing services available on CU Health Portal.

Harmful Code means any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure, or destruction of data, including viruses, worms, spyware, adware, key loggers, trojans and any new types of programmed threats that may be classified, but excluding password and like features that are security features or intended elements of software used to prevent unauthorised access and use.

Health Coach means a Registered Nurse, also a CU Health Practitioner.