Thank you for visiting our legal page. Please use the links below to access the relvant parts of Evercare’s legal policies.

• Terms and Conditions
• Privacy Policy

Evercare Patient Terms and Conditions

V1.1 – June 2023

1. CONTRACTUAL RELATIONSHIP

These Terms and Conditions (“Evercare Terms”) govern the access or use by you, an individual, from within any country in the world to the “Evercare Services”, which are comprised of technology applications, websites, content and products (which are collectively known as the Platform), and a range of healthcare services facilitated via the platform by Evercare Health Pty Ltd (ACN 643 081 172) of 256 Junction Road, Clayfield QLD 4011 (“Evercare”), including services provided by affiliates.

Scope of these Evercare Terms
Evercare Services may be provided by Evercare or, if specified in these Evercare Terms or any supplemental terms, affiliates of Evercare.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE EVERCARE SERVICES.
Your access and use of the Evercare Services constitutes your agreement to be bound by these Evercare Terms, which establishes a contractual relationship between you and Evercare. If you do not agree to these Evercare Terms, you may not access or use the Evercare Services. These Evercare Terms expressly supersede prior agreements or arrangements with you.

Supplemental terms
Supplemental terms may apply to certain Evercare Services, such as policies for a particular event, activity or promotion, or a particular category of Evercare Services. Supplemental terms will be provided to you in connection with the applicable Evercare Services.

Any supplemental terms are in addition to, and shall be deemed a part of, the Evercare Terms for the purposes of the applicable Evercare Services. Supplemental terms shall prevail over these Evercare Terms in the event of a conflict with respect to the applicable Evercare Services.

Amendments
Evercare may amend the Evercare Terms, any supplemental terms or policies related to the Evercare Services from time to time. Evercare will provide you with at least 30 days’ written notice in the event of a material change to any Evercare Terms, policies or supplemental terms that detrimentally affects your rights under these Evercare Terms. Amendments will be effective upon posting of such updated Evercare Terms at this location or the amended supplemental terms or policies on the applicable Evercare Service or at this location (as the case may be). Your continued access or use of the Evercare Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Evercare Terms, policies and supplemental terms, as amended.

Termination or restriction of the Evercare Services
Evercare may restrict you from accessing or using the Evercare Services, or any part of them, immediately, without notice, in circumstances where Evercare reasonably suspects that:
(a) you have, or are likely to, breach these Evercare Terms; and/or
(b) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Evercare, to access and use the Evercare Services.

Evercare may terminate these Evercare Terms or any Evercare Services with respect to you, or generally cease offering or deny access to the Evercare Services or any portion thereof:
(a) immediately, where Evercare reasonably suspects that:
i. you have, or are likely to, materially breach these Evercare Terms; and/or
ii. you do not, or are likely not to, qualify, under applicable law or the standards and policies of Evercare, to access and use the Evercare Services; or
(b) on 30 days’ written notice to you, where Evercare, acting reasonably, terminates these Evercare Terms or any Evercare Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Evercare Terms, Evercare may immediately restrict or deactivate your access to the Evercare Services if you breach the Community Guidelines at any time.
You may terminate these Evercare Terms, or stop using the Evercare Services, at any time, for any reason. No refunds will be provided.

Privacy
Our collection and use of personal information in connection with the Evercare Services is as provided in Evercare’s privacy policy, which can be found below.

2. THE EVERCARE SERVICES

Evercare will provide the Evercare Services to you in accordance with these Evercare Terms. The Evercare Services incorporate the provision the Evercare Platform which enables you to:
(a) arrange and schedule certain services with independent third-party healthcare professionals that have an agreement with Evercare or its affiliates (“Third-Party Providers”), which may include:
i. healthcare services from those Third-Party Providers; and
ii. the purchase of items or delivery services from those Third-Party Providers;

The Evercare Services are made available solely for your personal, non-commercial use, unless Evercare has agreed with you otherwise in a separate agreement. You acknowledge that:
(b) Evercare does not provide healthcare services or function as a healthcare provider; and
(c) all such healthcare services are provided by independent third-party contractors who are not employed by Evercare or any of its affiliates. Evercare accepts liability for the Evercare Services and Application that it provides to you subject to these Evercare Terms. Third-Party Providers are solely responsible for the services they provide to you.

Licence
Subject to your compliance with these Evercare Terms (including your acceptance and payment of a monthly fee), Evercare will grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to:
(i) access and use the Applications on your personal device solely in connection with your use of the Evercare Services; and
(ii) access and use any content, information and related materials that may be made available through the Evercare Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Evercare and Evercare’s licensors.

Restrictions
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the Evercare Services;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Evercare Services except as expressly permitted by Evercare;
(iii) decompile, reverse engineer or disassemble the Evercare Services except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of the Evercare Services;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Evercare Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Evercare Services; or
(vi) attempt to gain unauthorised access to or impair any aspect of the Evercare Services or its related systems or networks.

Third-Party Services and Content
The Evercare Services may be made available or accessed in connection with third party services and content (including advertising) that Evercare does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Evercare does not endorse such third-party services and content and in no event shall Evercare be responsible or liable for any products or services of such third-party providers.

Ownership
The Evercare Services and all rights therein are and shall remain Evercare’s property or the property of Evercare’s licensors. Neither these Evercare Terms nor your use of the Evercare Services convey or grant to you any rights:
(i) in or related to the Evercare Services except for the limited licence granted above; or
(ii) to use or reference in any manner Evercare’s company names, logos, product and service names, trademarks or services marks or those of Evercare’s licensors.

Evercare Service Area
The medical services that you may request using the Evercare Services are available in designated areas as communicated via the Application from time to time (“Evercare Service Area”). Evercare does not guarantee that you will be able to use the Evercare Services to request medical services in the Evercare Service Area at all times.

3. YOUR USE OF THE EVERCARE SERVICES

User Accounts
In order to use most aspects of the Evercare Services, you must register for and maintain an active personal user Evercare Services account (“Account”). You must be at least 18 years of age (“Adult”), or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless Evercare permits otherwise. Evercare allows you to add Dependents to your account. You are responsible for ensuring that Dependent are aware that you can view their medical information. If requested by a Dependent, you agree to support the Dependent in establishing their own account. Evercare, under certain legal requirements, may be required to facilitate the creation of an account for a Dependent. You acknowledge that Third Party Providers delivering healthcare services may assess whether a Dependent possesses the necessary understanding and intelligence to grasp the full scope of their medical treatment, along with its implications and potential consequences, and may subsequently inform a Dependent that their medical information can be accessed by you, the Primary Account Holder, and in some cases may suggest that they establish their own account. Account registration requires you to submit to Evercare certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Evercare Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Evercare in writing, you may only possess one Account.

User Requirements and Conduct

The Evercare Services are not available for use by persons under the age of 18 unless added as a dependent of an Adult account. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive:
(i) healthcare services from Third-Party Providers unless they are accompanied by you, and you agree to take full responsibility for their acts or omissions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Evercare Services, and you may only access or use the Evercare Services for lawful purposes and in accordance with these Evercare Terms. You will not, in your use of the Evercare Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party, including Evercare, its affiliates or any of their employees, agents or contractors. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Evercare Services, and you agree that you may be denied access to or use of the Evercare Services if you refuse to provide proof of identity or other method of identity verification.

Commercial Electronic Messaging

By creating an Account, you agree that Evercare or its affiliates may send you commercial electronic messages (including email, SMS, push notifications and in-app notifications as applicable) as part of the normal business operation of your use of the Evercare Services. You agree that Evercare and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Evercare Services. You cannot unsubscribe from transactional messages, including service summaries, receipts and support responses. These communications are important for your experience and personal safety.

User Provided Content
Evercare may, in Evercare’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Evercare through the Evercare Services textual, audio, and/or visual content and information, including commentary and feedback related to the Evercare Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Evercare, you grant Evercare and its affiliates a worldwide, perpetual, irrevocable, transferable, licence for no fee, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Evercare Services and Evercare’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:
(i) you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant Evercare and its affiliates the licence to the User Content as set forth above; and
(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Evercare’s or its affiliate’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Evercare in its sole discretion, whether or not such material may be protected by law. Evercare may, but is not obligated to, review, monitor, or remove User Content, at Evercare’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Evercare Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Evercare Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Evercare Services and Applications and any updates thereto. Evercare does not guarantee that the Evercare Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Evercare Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. PAYMENT

If you are required to do so, You agree to pay to Evercare, a monthly fee (“Monthly Fee”) for the use of the Evercare Services including but not limited to the patient application, which you use to request and receive medical services. Evercare reserves the right to vary the Monthly Fee from time to time (“Monthly Fee Variation”) and will provide you with up to 30 days notice of any intent to change the fee. Your continued use of the Evercare Services beyond such time, will constitute your acknowledgement of the Monthly Fee Variation.
The Monthly Fee Is payment for the Evercare Services only and is not payment for the services or goods you receive from a Third-Party Provider.

You understand that use of the Evercare Services may result in charges to you for the services or goods you receive from a Third-Party Provider (“Third-Party Charges”). Payment of the Third-Party Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Third-Party Charges will be inclusive of applicable taxes where required by law. Third-Party Charges paid by you are final and non-refundable, unless otherwise determined by Evercare or required by the Australian Consumer Law. Under the Australian Consumer Law, you may be entitled to a refund for a major failure of the Evercare Services, or other remedies for a minor failure. You retain the right to request lower Third-Party Charges from a Third-Party Provider for healthcare services received by you from such Third-Party Provider at the time you receive such healthcare services. Evercare or an affiliate will respond accordingly to any request from a Third-Party Provider to modify the Third-Party Charges for a particular service or good.

All Third-Party Charges are due immediately and payment will be facilitated by Evercare using the preferred payment method designated in your Account, after which you will be sent a receipt by email (except where the Third-Party Provider is issuing the receipt directly to you). If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Evercare may, on behalf of Third-Party Provider, use a secondary payment method in your Account, if available.

You acknowledge that an Evercare affiliate may, acting reasonably, establish, remove and/or revise Third-Party Charges for any or all services or goods obtained through the use of the Evercare Services at any time at the direction of the Third-Party Provider or otherwise in the Evercare affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge, or an item you requested is out of stock. Further, you acknowledge and agree that Third-Party Charges applicable in certain geographical areas may increase substantially during times of high demand. Evercare will use reasonable efforts to ensure the Evercare affiliate informs you of Third-Party Charges that may apply, provided that you will be responsible for Third-Party Charges incurred under your Account. You acknowledge that an Evercare affiliate may from time to time provide certain users with Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Evercare Services, and you agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Evercare Services or the Third-Party Charges applied to you.

This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Evercare Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Evercare Services, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.

Cancellations
You may elect to cancel your request for healthcare services from a Third-Party Provider at any time prior to such a service, in which case you may be charged a cancellation fee, subject to Evercare’s or its affiliate’s cancellation policies. If the healthcare services are cancelled for any reason not attributed to you in accordance with Evercare’s or its affiliate’s cancellation policies, you may be entitled to a refund for any charges paid.

If you purchase items or items and delivery services from a Third-Party Provider, you may cancel your order at any time up until the Third-Party Provider has begun preparing your items. Once the preparation has begun, you will no longer be able to cancel your order without incurring a charge, which will be no more than the full price for your ordered items. If you cancel your order after the delivery has begun, you will also be charged the full price for the delivery services purchased from the Third-Party Provider.

If any delivery services provided by a Third-Party Provider fail or are cancelled for reasons that Evercare determines, acting reasonably, are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for both the items and any delivery services purchased from the Third-Party Provider. If any delivery services provided by a Third-Party Provider fail or are cancelled for any reason that Evercare determines, acting reasonably, are not attributed to you, you will be entitled to a refund for any charges paid for those delivery services.

If you have other issues with any items or services provided by a Third-Party Provider, Evercare or its affiliate will manage your complaint in accordance with the complaints process set out in section 6.

Nothing in this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under the Australian Consumer Law.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
LIMITATION SUBJECT TO LOCAL CONSUMER LAW

The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the Australian Consumer Law.

APPLICATION TO EVERCARE AND ITS AFFILIATES
The limitations and disclaimer in this section 5 apply to the liability of Evercare and its affiliates under these Evercare Terms, including in relation to any of the Evercare Services.

DISCLAIMER
Except as required of Evercare and its affiliates under the consumer guarantees, the Evercare Services are provided “as is” and “as available”. Evercare and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these Evercare Terms (including any supplemental terms, where applicable), including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Evercare Services or any services or goods requested by you through the use of the Evercare Services, or that the Evercare Services will be uninterrupted or error-free. Evercare and its affiliates do not guarantee the quality, suitability, safety or ability of Third-Party Providers or an Evercare affiliate (in its role as a delivery services provider). You agree that the entire risk arising out of your use of the Evercare Services, and any services or goods requested by you through the use of the Evercare Services, remains solely with you, to the maximum extent permitted under applicable law, including the Australian Consumer Law.

LIABILITY

Limitation of Liability

If you are acquiring the goods or services as a consumer, Evercare’s liability for a failure to comply with a consumer guarantee is limited to: (a) in the case of goods supplied to you as part of the Evercare Services, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and (b) in the case of services supplied to you as part of the Evercare Services, the supply of the relevant services again, or the payment of the cost of resupplying the services.

In no event shall Evercare’s or its affiliates’ total combined liability to you in connection with the Evercare Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed one thousand Australian dollars (AUD $1,000).

Exclusion of Liability

Evercare’s and its affiliates’ liability to you for a breach of any condition, warranty or term of these Evercare Terms that is not a breach of a consumer guarantee is also limited in the following way: Evercare and its affiliates shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, death, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Evercare Services, even if Evercare or its affiliate has been advised of the possibility of such damages. Evercare and its affiliates shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Evercare Services or your inability to access or use the Evercare Services; or (ii) any transaction or relationship between you and any Third-Party Provider or Evercare affiliate, even if Evercare or its affiliate has been advised of the possibility of such damages. Evercare and its affiliates shall not be liable for delay or failure in performance resulting from causes beyond Evercare’s or its affiliates’ reasonable control. You acknowledge that third party healthcare providers providing healthcare services requested through some request brands may offer ridesharing or peer-to-peer healthcare services and may not be professionally licensed or permitted.

Third-Party Goods and Services

Evercare Services may be used by you to request and schedule healthcare goods and services from Third-Party Providers or an Evercare affiliate, but you agree that Evercare has no responsibility or liability to you related to any healthcare services or goods provided to you by Third-Party Providers or any Evercare affiliate (in its capacity as a delivery services provider) other than as expressly set forth in these Evercare Terms.

COMPLAINTS
Evercare or its affiliate will maintain a complaints management framework, and will manage this framework for Evercare and its affiliates, and on behalf of Third-Party Providers, in a reasonable way and in accordance with the non-excludable requirements of the Australian Consumer Law.

INDEMNITY
You agree to indemnify and hold Evercare and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Evercare Services or services or goods obtained through your use of the Evercare Services; (ii) your breach or violation of any of these Evercare Terms; (iii) Evercare’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers (“Losses”).

Your liability under this clause shall be reduced proportionately if, and to the extent that, Evercare or its affiliate directly caused or contributed to any such Losses.

6. GOVERNING LAW; DISPUTE RESOLUTION

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Evercare Services or these Evercare Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). Evercare or its affiliate operates a complaints process to allow you to make complaints about Evercare, an Evercare affiliate (in its capacity as delivery service provider) or Third-Party Providers, and Evercare or its affiliate also manages refunds to you in relation to those complaints. Evercare or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the Australian Consumer Law.
Except as otherwise set forth in these Evercare Terms, these Evercare Terms shall be exclusively governed by and construed in accordance with the laws of Queensland, Australia, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of Queensland, Australia or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Evercare Terms.

7. OTHER PROVISIONS

Claims of Copyright Infringement
Claims of copyright infringement should be sent to Evercare’s designated agent. Please visit Evercare’s website for contact details.

Notice
Evercare may give notice by means of a general notice on the Evercare Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Evercare by written communication to Evercare’s address at 21 Windorah Street, Stafford QLD 4053.

App Stores
You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Evercare Terms are between you and Evercare and not with the App Store and that Evercare is responsible for the provision of Evercare Services as described in these Evercare Terms. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Evercare Terms. Upon your acceptance of these Evercare Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Evercare Terms against you as a third-party beneficiary thereof.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Evercare Terms, these Evercare Terms will prevail.

General
You may not assign or transfer these Evercare Terms in whole or in part without Evercare’s prior written approval. You give your approval to Evercare for it to assign or transfer these Evercare Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Evercare’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Evercare or any Third-Party Provider as a result of the contract between you and Evercare or use of the Evercare Services.

If any provision of these Evercare Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Evercare Terms but the legality, validity and enforceability of the other provisions in these Evercare Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Evercare Terms. These Evercare Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the Australian Consumer Law. In these Evercare Terms, the words “including” and “include” mean “including, but not limited to”.

 

Evercare Privacy Policy

V1.1 – June 2023

We respect your rights to privacy and operate with regard to the provisions contained in the Privacy Act 1988 (Cth) (Privacy Act), which includes the Australian Privacy Principles (APPs), covering matters pertaining to collection, use, disclosure, quality and security of personal information. We are also aware of the relevant health privacy principles under State and Territory legislation and apply these when making business decisions which may impact your priavcy.

We, Evercare Health Pty Ltd (ACN 643 081 172), facilitate the provision of confidential healthcare services, which are provided by independent health professionals using a combination of technologies owned by Evercare including the Evercare patient application, the Evercare clinical application and various websites owned and operated by Evercare including www.evercare.com.au (collectively known herein as the Platform).
Your privacy is vitally important to us and we understand how important it is for you to know that your information is treated with care and respect.

This privacy policy explains what information we collect about you, how we may use and disclose it, and the steps we take in relation to security.

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

Special provisions apply to the collection, use and disclosure of personal information which is sensitive information. This includes health information and information about a person’s race, ethnic origin, political opinions, membership of political, professional or trade associations, religious or philosophical beliefs, sexual preferences and criminal history.

In this privacy policy, all references to personal information include sensitive information unless indicated otherwise.

You can contact our privacy officer using the following details:

Evercare Privacy Officer
privacy@evercare.com.au
PO Box 75
Lutwyche QLD 4030

The Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. We are only responsible for the privacy practices and security of our Platform. We recommend that you check the privacy and security policies and procedures of other websites that you visit.

PERSONAL INFORMATION WE COLLECT
We collect personal information about you from our interactions with you including through our Platform, telephone conversations with us, e-mails, chat and other forms of written and verbal communications.
The types of personal information we may collect and hold vary depending on the nature of our interaction with you and may include:
• identifying and contact information such as your name, address, contact number and email;
• health information such as information about your past, present or future health, the provision of consultation services to you, and the provision of pharmacy scripts, pharmacy items and referrals. This may be information you provide to us via the Platform or information provided by a related healthcare provider through the Platform in the course of delivering services to you;
• other types of sensitive information such as your gender at birth and whether you are of Aboriginal or Torres Strait Islander descent; and
• government identifiers such as Medicare numbers and individual healthcare identifiers.
• We may also collect de-identified information via cookies on parts of the Platform. This information includes your browser type, operating systems and other websites visited. This information does not include any of your personal information and will not be used to link back to you individually.

We may collect personal information about a range of individuals including:
• patients;
• your next of kin or carer (Representative);
• healthcare providers including healthcare professionals;
• job applicants, employees and contractors of Evercare; and
• third parties providing a service to Evercare.
If you are a patient, we primarily collect personal information about you from:
• you, when you use the Platform;
• you, when you contact us (whether by telephone, email, chat or through the Platform);
• any person who, on your behalf and with your consent, provides information about you such as your Representative; and
• any health professional from whom you obtain services through the Platform.

If you engage with us as a healthcare professional, we may also collect personal information about your skills, qualifications and experience. Further details of this will be outlined in the Services Agreement or other agreements we have with you upon registering as a healthcare professional with Evercare.

We may also collect personal information about you from third parties such as from Google, Facebook and Apple if you use these platforms to login to the Platform.

WHY WE COLLECT, HOLD, USE AND DISCLOSE YOUR PERSONAL INFORMATION
We collect, hold, use and disclose personal information for a range of purposes including the following:
• to communicate with you;
• for record keeping purposes;
• to provide to you the functionality of the Platform (e.g. if you are a patient, to connect you to a healthcare professional through our Platform);
• to enable healthcare professionals to provide healthcare services through the Platform;
• as required for delivery of the services provided through our Platform (but not by us) to you, including sharing of your address and phone number with third party providers for the purposes of parcel delivery and tracking;
• as required for the ordinary operation of our Platform;
• to manage our relationship with you, and to review, develop and improve our services to you and your experience with us;
• to inform you about important matters relating to the Platform or your personal information;
• for anonymous research including clinical use;
• to invoice and process any fees payable in relation to the services rendered through the Platform;
• for quality assurance and training purposes;
• to enable us to comply with laws and assist government or law enforcement agencies where we are required and authorised to do so;
• where there is a serious and imminent threat to an individual’s life, health, or safety; or a serious threat to public health or public safety; and
• for any purpose disclosed to you or required or authorised by or under law.
• Our range of products and services and our functions and activities may change from time to time.
• If you provide your email address, telephone and/or mobile phone number, you also consent to us using your email address, telephone and/or mobile phone number to contact you (including by telephone call, SMS or email) for any of the above purposes.
If you are a patient, your health information collected by us will only be used or disclosed:
• to enable a healthcare professional who is providing services to you through the Platform to provide those services;
• to third party suppliers and service providers, and other providers for the operation of our Platform, and/or our business or in connection with providing our products and services to you (including for the purposes of delivering goods to you);
• to those who work for us (whether as an employee or a contractor), our officers and related bodies corporate;
• to payment systems operators (e.g. merchants receiving card payments, PayPal) and organisations who carry out credit, fraud and other security checks;
• to your Representatives and specific third parties authorised by you to receive health information held by us (such as your nominated doctor who you would like to share your health information with);
• should a healthcare professional form the professional opinion that a patient is at imminent risk of harm, including self-harm, and where it is consistent with his or her professional and ethical obligations to do so, to contact emergency services (such as an ambulance service) to request a welfare check or similar intervention;
• to any relevant government authority, where we reasonably believe that such disclosure is necessary;
• to any entity with which we merge (or proposed to merge), or by which we are acquired (or proposed to be acquired) or to which we may sell all or part of our business and assets; and
• to enable us to comply with laws and assist government or law enforcement agencies where we are required and authorised to do so.

If you do not provide us with personal information about you that we request, we may not be able to provide you with the products services you request.

We may de-identify, use and retain your personal information to conduct analysis on how the Platform is being used, and to develop and enhance our Platform.

INFORMATION SHARING
We share your personal information with our related bodies corporate (as defined in the Corporations Act 2001 (Cth)) to enable us to conduct our business and provide the Platform.

We also share your personal information with third parties, including:
• persons or organisations engaged by us to assist us in carrying out the above purposes such as data storage providers, IT support providers, payment systems operators, providers of targeted online advertising and delivery partners; and
• Healthcare professionals who provide services to you through the Platform, to enable them to deliver the products and services that you request from them through the Platform.

For the purpose of complying with our audit obligations, we may required to divulge limited personal information about you to our auditors. Wherever possible, personal information used for the purpose of any audit is anonymised.

We require healthcare professionals who provide services through the Platform to take reasonable steps to protect personal information from unauthorised loss or unauthorised access or use. Those healthcare professionals may be required to take further steps to protect personal information under the professional regulations applicable to them.

You acknowledge and agree that, should we sell, merge or otherwise change control of our business, our company or the Platform to a third party, we shall be permitted to disclose your personal information to the third party without giving notice or seeking prior consent from you. We shall also be entitled to assign the benefit of any agreements we have with you to the third party.

We may disclose de-identified information to third parties for the purposes of reviewing the quality of services delivered and conducting clinical research.

STORAGE OF PERSONAL INFORMATION
In order to help prevent unauthorised access, use or disclosure, we have put in place reasonable physical, electronic and managerial procedures to help safeguard and secure the personal information we collect.
We store the personal information we collect and use Transport Layer Security (TSL) to provide users secure and private access. We store personal information collected by us on servers located in Australia. By using the Platform, you consent to our storing your personal information in this manner.

We take reasonable steps to protect your personal information, including the following:
• Password protection: You are required to set up a secure password to use the Platform. You may also enable biometrics on your mobile device that enable you to login to the Platform using facial and fingerprint recognition. If you need to change your password, we use authentication methods to make sure it is you.
• Secure storage and handling: We use a combination of firewall barriers, encryption techniques, data segregation techniques, backup and authentication procedures to help maintain the security of the Platform and to protect your account and your personal information.
• Interoperability: We comply with robust interoperability requirements that aim to protect the flow and transfer of your data.

COOKIES AND TRACKING TECHNOLOGY
In common with many other website operators, we may use a standard technology called ‘cookies’ across our Platform. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive, and they are used to record how you navigate the Platform.

Cookies that are used in any part of our Platform will not be utilised for collecting personally identifiable information and will only be used for internal management purposes.

Most browsers automatically accept cookies, but you can usually change your browser to prevent cookies being stored. Please note, if you do turn cookies off this will limit the service that we are able to provide to you.

MARKETING ACTIVITY
When you sign up to use the Platform, and unless you subsequently opt out, you consent to us using your personal information for marketing purposes.

If you consent to us using your personal information for these purposes, we may, from time to time, send you information in relation to products, services or other offers we think may be of interest to you, including to tell you about the services we offer on the Platform and the products and services offered by third parties. We will contact you via the preferred communication method you nominate through the Platform.

We use third party vendor remarketing services including such as Google’s ‘Customer Match’ and Facebook’s ‘Custom Audience’ to display ads. This means if you have provided us with your contact details, unless you opt-out of receiving direct marketing from us, we may upload these to third party vendors who perform remarketing services on our behalf.

We do not sell or disclose your information to third parties to market their products or services to you.
You can opt out of marketing communications at any time by using the unsubscribe facility in the relevant message or contacting our privacy officer using the contact details set out at the start of this privacy policy.

YOUR RIGHTS
Your rights in relation to the personal information held by us about you include:
Access: You can request a copy of your information, and to ask for it in a format that can be easily reused or transferred to another person or trusted healthcare provider.
Correct: You can ask us to correct or update your information.
Complain: You can express your concerns or complaints to us about your privacy or the way we are handling your personal information. We take your concerns seriously and will consider or investigate your complaint and endeavour to respond to your complaint within 14 days.

We will generally provide you with access to your personal information if practicable and will take reasonable steps to amend any personal information about you which is inaccurate or out of date. In some circumstances and in accordance with applicable privacy laws, we may not permit you access to your personal information, or may refuse to correct your personal information, in which case we will inform you about the reason for this decision.

If you are not satisfied with the way we handle your query or handle your personal information (including our response to your request to access or correct your personal information), you have a right to lodge a complaint with the Office of the Australian Information Commissioner (OAIC) by visiting the OAIC website. If your complaint relates to the handling of your health information and you reside in Victoria, New South Wales or the Australian Capital Territory, you can lodge a complaint with the relevant State/Territory health complaints commissioner.

To exercise any of your rights in relation to your personal information, please contact our privacy officer using the contact details provided earlier on in this privacy policy.

If you provide personal information to us about a third party (such as your directors, employees or someone you have business dealings with) you must ensure that you are allowed to give that information to us and that we are allowed to collect that information.

GENERAL
This privacy policy is effective from June 2023. It will be updated periodically, and you can always obtain a copy of the latest version via our Platform. Your continued use of the Platform after changes are published constitutes your acceptance of the modified terms of this privacy policy.