Mirror Pty Ltd
Terms of Service: General Terms
Definitions and Interpretation
Agreements means the client’s acceptance of these Terms and Conditions.
Client means the person requesting, accepting and engaging in services provided by the website, its Contractors, owners, Directors and employees.
Events means scheduled appointments with the providers of the services on the website.
Mirror Pty Ltd (Mirror) means the owner of all intellectual property and services provided on the website.
My Mirror means the name of the website and incorporates the owners and operators of the website.
My Mirror Platform / Website means any online platform or internet website through which the services are provided to the client being comprised within the domain www.mymirror.com.au or as may be changed or updated from time to time.
Service Providers means Registered Medical Professionals including but not limited to Psychologists, Counsellors, General Practitioners or Psychiatrists providing Services to Clients via either video conferencing, phone or through the website.
Services means the provision of telehealth services through either video conferencing, phone or through the website.
Gap refers to out of pocket cost or the difference between the amount a practitioner charges for a medical service and what Medicare and any private health insurer pays. This cost is non-refundable.
Third Party Consent means consent given to Third Parties by the client for the use of Third-Party Consent associated with the services under this Website.
When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the website (the “Company”).
1. The Terms and Conditions
The following are the general Terms and Conditions (the “Agreement”) which govern your access and use of our telehealth services. The services may be provided to you via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website MyMirror and its related apps.
By accessing or using our online services, you are entering into this Agreement. You should read this Agreement carefully before starting to use the online services. If you do not agree to be bound to any term of this Agreement, you must not access the services.
2. Telehealth Services
These online services may be used to connect you with a Service Provider who will provide services to you.
We require every Service Provider providing telehealth services to be an accredited, trained, and experienced licensed practitioner with an applicable recognised professional certification based on their state and/or jurisdiction. Practitioners must have the requisite qualifications in their field, a minimum required level of experience and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
Our Service Providers are independent service providers who are neither our employees, nor agents, nor representatives. Our telehealth services are limited to enabling the Services while the Services themselves are the responsibility of the Service Providers who provide them. If you feel the Services provided to you do not fit your needs or expectations, you may change to a different Service Provider who provides services through Mirror.
While we hope the Services are beneficial to you, you understand, agree and acknowledge that these services may not be the appropriate solution for your needs and/or may not be a complete substitute for a face-to-face examination or other care and treatment solutions available through other providers.
We reserve the right to restrict or terminate your service based on clinical governance requirements and ethical standards that may be impacted by dual relationships with other practitioners.
By agreeing to these Terms & Conditions you hereby acknowledge that the Services provided by the website do not constitute a replacement for in-person care from Doctors or other medical professionals, especially in circumstances of medical or mental health emergencies and crises. In the event of such emergencies, please call triple zero (000) immediately.
3. Pricing of Consultations & Billing Policy
The price of all services provided on the My Mirror platform are subject to pricing schedules reasonably determined by the Company and the Company reserves the right to reasonably set and amend the fees chargeable for services rendered on the platform from time to time in a manner consistent with internal management of the Company and Platform. The prices charged by the Company for the services provided by the Platform are informed in part by the costs associated with the Company’s running and maintenance of the Platform and overhead expenses associated with the Platform.
The billing policies of the Company for the services provided on the Platform are informed by the guidelines set by the Australian Medical Association (‘AMA’) and price increases or adjustments that are made from time to time by the Company are made according to CPI.
All reasonable steps will be taken by the Company to ensure that you, the client of the services provided on the Platform will be notified of the pricing schedule and any changes thereof made by the Company to the prices in the schedule.
Payment for the services provided to you on the Platform will be taken from the Direct Debit/Credit Card information provided to the Platform at the time of registration for the Platform. Payment for the services received by you are required by no later than the day upon which the service is received by you. You confirm and agree to use only Credit Cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.
4. Discounts/Late Payments
The Company may, in its sole discretion, issue to clients from time to time discount codes to be applied towards the cost of future services provided by the Platform including but not limited to as a result of early payments for previous services. You agree that all such discounts and associated discount codes are for personal use by you only and must not be assigned, transferred, exchanged or used in any other way except by you for services available through the Platform. You agree to keep the use and issue of all discounts and discount codes confidential.
The Platform’s policy for charges in relation to late payments is outlined in our Cancellation/Late Payment Policy.
Cancelled appointments will be handled in accordance with our Cancellation/Late Payment Policy .
Upon successful completion by you of a performance feedback survey, the substance of which satisfactorily proving to Mirror that the services received by you were unsatisfactory, Mirror will process a refund to you for part or all of the cost of the session in accordance with the charge back provisions to which the Service Providers on the Mirror Platform are the subject of in the provision of their services to Mirror.
The decision to grant or refuse refunds of the costs of any services provided by Mirror will be made at the sole discretion of Mirror.
6. Government Rebates
If you are eligible for Government/Medicare Rebates for services provided by Mirror, we will take all reasonable steps to process your rebate claim on your behalf. If we are unable to process an applicable Government/Medicare Rebate, Mirror will be required to bill you in accordance with our Pricing of Consultations & Billing Policy. We make no warranties and provide no guarantees as to the accuracy, timing or success of such rebate applications processed on your behalf and by agreeing to these Terms of Service you are hereby indemnifying Mirror and its employees, agents and authorised officers against all loss, damage, injury, claims and objections.
In order to claim Medicare rebates for psychological services, you will need a referral from a GP. Please refer to the Medicare website to determine whether you are eligible for Medicare rebates.
Bulk-billed consultations remain subject to the Mirror Pty Ltd Cancellation /late Policy and participants will be required to pay any amounts specified in the Cancellation Policy in the event of cancellations given less than 48 hours before the event.
7. Privacy and Security
8. Third Party Content
The website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and by agreeing to these terms and conditions you agree to indemnify MyMirror and associated companies and directors against any damage or loss caused by any Third Party Content.
9. Disclaimer of Warranty and Limitation of Liability
You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from any Services received via video conferencing, phone or through the website, including but without limitation to any act, omission, opinion, response, advice, suggestion, information and/or service of any Service Provider and/or any other content or information accessible through the website.
You understand, agree and acknowledge that the website, the Company and all associated directors and operators provide absolutely no warranties (express or implied) including but not limited as to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the website is at your own risk.
You understand, agree and acknowledge to indemnify and keep indemnified the website and the Company against any indirect, incidental, consequential, special, punitive or exemplary damages.
This section (limitation of liability) shall not merge on the termination or expiration of this Agreement.
10. Disclaimer and Copyright
This publication was produced by Mirror Pty Ltd as a resource to guide and inform our readers and/or clients (including those with and without mental disorders). The information provided does not and cannot replace clinical judgment and decision making. Although every care and reasonable effort has been made to ensure the accuracy of the information, no guarantee can be given that the information is free from error or omission. Mirror Pty Ltd, its employees, contractors and psychologists, will accept no liability for any act or omission occurring from reliance on the information provided, or for the consequences of any such act or omission. Mirror Pty Ltd does not accept any liability for any injury, loss, or damage incurred by use of or reliance on information in this document. Such damages include, without limitation, damages that might be regarded as direct, indirect, special, incidental, or consequential. Any reproduction of this material must acknowledge Mirror Pty Ltd as the source of selected passage(s), extract(s), or other information or material reproduced. For reproduction or publication beyond that permitted by the Copyright Act 1968 (Cth), permission should be sought in writing. Copyright © 2020 Mirror Pty Ltd.
11. Your account, representations, conduct and commitments
You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Website, and the information that you will provide in or through the Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge to indemnify the website and the Company against any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Website, including any Services, are for your own personal use only and that you are not using the website or the Services for or on behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorised access to the aforementioned.
You agree and commit not to make any use of the Website for the posting, sending or delivering of either of the following:
a. unsolicited email and/or advertisement or promotion of goods and services;
b. malicious software or code;
c. unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
d. any content that infringes a third party right including intellectual property rights;
e. any content that may cause damage to a third party;
f. any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the website and your relationship with the website, company, or Service Providers.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following:
a. your access to or use of the website;
b. any actions made with your account or Account Access whether by you or by someone else;
c. your violation of any of the provisions of this Agreement;
d. non-payment for any of the Services (including any Services) which were provided through video conferencing, phone or through the website;
e. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall not merge upon expiration or termination of this Agreement.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the website, is accurate, current and correct and will continue to be accurate, current and correct.
12. Modifications, Termination, Interruption and Disruptions to the Website
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the website, any part of or use of the website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
We may provide notices or other communications to you regarding this agreement or any aspect of the website, by Text to the Text number that we have on record, by Email to the email address that we have on record or via the client portal in the MyMirror platform. The date of receipt shall be deemed the date on which such notice is given.
16. Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of Australia and those countries we deliver services to globally.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the Australian Court of Law. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
This agreement constitutes the entire agreement between you and us. You may not rely upon any promises or representations by us except as set forth in this agreement.
We may change this Agreement by posting modifications on the website. Unless otherwise specified by us, all modifications shall be effective upon posting. By using the website after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the website and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, that provision shall be severed from the rest of the Agreement and the remaining provisions of this Agreement will remain in full force and effect.
Mirror Pty Ltd
Our Service Providers are bound by the privacy policies, rules and guidelines of their relevant professional association as well as applicable Australian laws and legislation. As part of the provision of Services to you, it will be necessary for us to collect, record and maintain personal information from you which is relevant to your personal contact details, medical history and any other information relevant to the services we provide you.
The terms of our Privacy and Consent Policy are drafted so as to ensure our compliance with State Privacy Laws (Health Records and Information Privacy Act 2002 NSW) and National privacy Laws and standards (Privacy Act 1998 Cth).
INFORMATION WE RETAIN
Your personal information is retained in order to document what happens during sessions and enables the Service Provider to provide a relevant and informed Service to you. When you first contact Mirror Pty Ltd (either by phone, email or through the My Mirror Online Platform), you will generally provide information like your name, phone number, address, Medicare and payment details. You may also provide some background information relating to your need for the Services. This information is held in our secure database and, if you proceed to make a booking, will be made available to your Service Provider.
If you do not agree to these Terms of Service relating to Privacy and Consent, we may not be in a position to provide to you the Services which you are seeking to receive.
If you are under the age of sixteen (16) years of age, we will require the consent of your legal guardian and/or parent to agree to the Terms of Service and to confirm that your legal guardian and/or parent has the legal authority to provide the required consent on your behalf.
Except with your express permission and/or your parent or legal guardian and except as described above, we will keep all information you provide to us confidential and secure at all times. The circumstances in which an exemption to this confidentiality would apply include (but are not limited to):
- in the case of a validly issued Subpoena by an Australian Court of Law or otherwise where disclosure is required by Law;
- if we identify an imminent threat of harm to yourself or another person we may decide, without obligation to do so, to report that information;
- where your prior approval has been obtained, to:
o provide a written report to another professional or agency such as a Lawyer, GP or other Medical Specialist;
o discuss the material with another person, such as a parent, family member, employer or health fund provider;
o disclose the information in another way; or
o disclose to another professional or agency (e.g. your GP) and disclosure of your personal information to that third party is for a purpose which is directly related to the primary purpose for which your personal information was collected.
USE OF INFORMATION
The personal information you or your legal guardian or parent provide to us is used to administer and manage the services provided to you by our Service Providers. Notwithstanding the best endeavours taken by Mirror Pty Ltd, no warranty is given as to the suitability of the Service Provider provided for your particular needs.
INFORMATION RETAINED BY SERVICE PROVIDERS
All of the Service Providers providing their Services for Mirror Pty Ltd are independent practitioners and are not employed by us. However, they are all registered members of professional bodies which stipulate best practices for information management and the provision of Services.
Your Service Provider will gather additional information during the sessions you have together. Often, your Service Provider will make notes about your session, either during or immediately following your appointment. This information is used by your Service Provider to provide the best possible Service to you.
Your Service Provider is responsible to ensure that this information is securely held according to the confidentiality policies stipulated by their governing professional organisations, and in accordance with Australian privacy law.
ACCESSING YOUR PERSONAL INFORMATION
You are entitled to access the personal information we keep about you on file, subject to relevant exceptions in applicable legislation and under relevant laws. We kindly ask that you request your information in writing. Please contact our office for more information or to request access to your information.
If you have any concerns about your privacy or the use or management of your personal information provided to us by email or phone, please feel free to contact us.
If you are concerned about the information which you provided to your Service Provider, please contact your Service Provider directly.
If you wish to lodge a formal complaint, you can do so by contacting the Privacy Commissioner on 1300 363 992.
Mirror Pty Ltd
Terms of Service: Cancellation Policy
The reasons for our Cancellation and Late Attendance policy are to ensure that our services are provided equally and fairly to all of our clients who need them.
Unfortunately, if you do not show up for your appointment without giving adequate notice to us, you are taking away the opportunity for another of our clients to fill in your spot.
We understand that from time to time things can go wrong that are beyond the control of our clients and in such circumstances of emergencies and extenuating circumstances, we will endeavour to respond to your situation as quickly and fairly as possible, provided that you grant us as much notice as possible.
Participants are entitled to receive a refund for a cancellation under the following conditions:
1. Cancellation by Mirror Pty Ltd - Mirror Pty Ltd reserves the right to cancel, postpone, re-schedule events or change venues or substitute Service Providers at its discretion. Generally, these possibilities would occur due to unavailability or unforeseen circumstances. In these circumstances, a full refund will be available should alternative dates offered for the event be unacceptable. Respective refunds will be processed within 30 days and will be issued by cheque or EFT.
2. Cancellation by client - The client is entitled to cancel a confirmed event booking under the following terms:
a) All requests for refunds for late cancellations must be made in writing.
b) Where cancellation requests are approved, the following terms apply:
(i) Cancellations given 48 hours or more prior to the event, no cancellation fee incurred. A full refund for fees already paid upfront will be provided (within 30 days via cheque or EFT) or a credit towards a future booking not more than 6 months after the cancelled event.
(ii) Cancellations given 24 – 48 hours prior to the event, a $50 payment is required for unpaid bookings OR a refund less $50 will be provided for pre-paid sessions (within 30 days via cheque or EFT). Refunds will be provided (within 30 days via cheque or EFT). Requests for credit towards future booking may be considered at the discretion of Mirror Pty Ltd if more than 48 hours’ written notice of request has been provided by the client.
(iii) Cancellations given less than 24 hours prior to the event, a $100 payment is required for unpaid bookings OR a refund less $100 will be provided for pre-paid sessions (within 30 days via cheque or EFT). Whereby the client has not attended an enrolled booking (no show), no refund or transfers will be approved.
c) Whereby the client has not attended an enrolled booking (“no show”), no refund or transfers will be approved.
d) Cancellation fees are not eligible for medicare rebate
3. Late Appointments
a) The client will be sent reminder messages by text message and/or by email in advance of their appointment.
b) In the event that the client is late to the enrolled appointment, the Service Provider will wait for ten (10) minutes before considering the appointment to have been forfeited by the client and the policy for Cancellations Given less than 24 Hours prior to the event in subclause (2)(b)(iii) above will apply.
c) In the event that the client arrives for their appointment within the initial ten (10) minutes from the start of the appointment, the entire duration of the appointment will be shortened by the amount of time the client was late.
d) The Service Provider responsible for the appointment may, at their sole discretion, determine whether to wait for a period longer than ten (10) minutes from the start of the appointment and whether to run the session to its full duration.
The client agrees to indemnify and keep indemnified Mirror Pty Ltd and all of its associated Service Providers against all claims, loss, damage, injury, objections or litigation arising from cancellations made under these Terms & Conditions.
Mirror Pty Ltd
Terms of Service: Provision of Telehealth Services by a General Practitioner
You provide consent for a General Practitioner providing Services through Mirror to provide you with telehealth services. This can include the provision of mental health services and other General Practitioner services allowed under telehealth by regulating bodies as varied from time to time. You understand that telehealth services are not intended to replace face to face consultations and you agree to refer to a local General Practitioner when it is practical for you to do so.