Please read these Terms carefully before using our services.

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Benjamin Health. By accessing our website, creating a patient account, or using any of our services, you agree to be bound by these Terms in full.

If you do not agree to these Terms, you must not use our services.
These Terms should be read together with our Privacy Policy, which is available at benjaminhealth.com.au and forms part of this agreement.

This Privacy Policy explains what personal information we collect, why we collect it, how we use and protect it, and your rights in relation to it. We encourage you to read this policy carefully.

By accessing our website at benjaminhealth.com.au, creating a patient account, or using our services, you consent to the collection and use of your information as described in this policy.

1.   About Benjamin Health

Benjamin Health (“we”, “us”, “our”) is an Australian telehealth practice providing personalised mental health, alternative medicine, and longevity services. Our services are delivered by registered Australian healthcare practitioners via secure telehealth consultations through our website and patient portal.

2.   Acceptance of these Terms

By using any part of our services, you confirm that:

• You are at least 18 years of age, or are a parent or legal guardian acting on behalf of a person under 18
• You have read, understood, and agree to be bound by these Terms
• You have read our Privacy Policy and consent to the collection and use of your information as described therein
• The information you provide to us is true, accurate, current, and complete
• You will update your information promptly if it changes

If you are using our services on behalf of a minor, you accept these Terms on their behalf and are responsible for their use of our services.

3.   Our services

3.1   What we provide

Benjamin Health provides the following services through our website and patient portal:

• Telehealth medical consultations with registered Australian healthcare practitioners
• Prescription management, including issuance, repeat prescriptions, and renewal requests
• Mental health assessments and treatment planning
• Alternative medicine consultations and longevity health services
• Secure patient portal access for managing health records, appointments, and documents
• Access to educational health resources and information

3.2   Healthcare services

Our clinical services are provided by practitioners registered with the Australian Health Practitioner Regulation Agency (AHPRA). All consultations are conducted in accordance with applicable Australian clinical standards, professional codes of conduct, and relevant legislation.

Healthcare services provided by Benjamin Health are subject to the professional judgement of the treating practitioner. We do not guarantee any particular clinical outcome, diagnosis, treatment result, or timeframe for improvement.

3.3   Telehealth delivery

All clinical consultations are delivered via secure, encrypted telehealth video technology. You are responsible for ensuring that you have a suitable device, internet connection, and private environment to participate in telehealth consultations.

3.4   Services not provided

Benjamin Health does not provide:

• Emergency medical services. If you are experiencing a medical emergency, call 000 immediately.
• In-person consultations or face-to-face clinical services
• Prescription of controlled drugs outside applicable legal and regulatory frameworks
• Diagnostic imaging, pathology collection, or surgical procedures
• Services to patients who are not located in Australia at the time of consultation

4.   Patient accounts and portal access

4.1   Account creation

To access our services, you must create a patient account. Your account is personal to you and may not be shared with or transferred to any other person. You are responsible for all activity that occurs under your account.

4.2   Account security

You must:

• Set a strong, unique password for your account
• Complete two-factor authentication (2FA) setup, which is mandatory for all accounts
• Keep your login credentials confidential and not share them with any person
• Notify us immediately at support@benjaminhealth.com.au if you suspect any unauthorised access to your account

We are not liable for any loss or damage arising from unauthorised access to your account where such access results from your failure to keep your credentials secure.

4.3   Accuracy of information

You must provide accurate, complete, and up-to-date information when creating your account and at all times during your engagement with us. Providing false or misleading information — including about your health history, medications, or identity — may constitute a serious risk to your health and safety, and may result in immediate termination of your account.

4.4   Account suspension and termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if:

• You breach any provision of these Terms
• You provide false or misleading information
• We reasonably believe your use of our services creates a risk of harm to yourself or others
• We are required to do so by law or regulatory authority
• You engage in conduct that is abusive, threatening, or harassing toward our staff

You may close your account at any time by contacting us at support@benjaminhealth.com.au. Closure of your account does not affect our obligation to retain your health records in accordance with applicable law.

5.   Appointments and consultations

5.1   Booking appointments

Appointments may be booked through our patient portal or via our booking platform (HotDoc). All appointment bookings are subject to availability and confirmation by our team. Booking a preferred time does not guarantee that time will be available.

5.2   Attendance and punctuality

You must attend your scheduled appointment on time. We will endeavour to accommodate reasonable delays, however if you are more than 10 minutes late to a telehealth consultation, we reserve the right to treat the appointment as a no-show, and the full consultation fee may apply.

5.3   Cancellation and rescheduling

We require a minimum of 24 hours notice for cancellation or rescheduling of an appointment. If you cancel or reschedule within 24 hours of your appointment, or fail to attend without notice:

• A cancellation fee of [Insert fee amount] may apply
• The consultation fee already paid may not be refunded

To cancel or reschedule, please contact us via the patient portal messaging function or at support@benjaminhealth.com.au with as much notice as possible.

5.4   Cancellation by Benjamin Health

In the event that we must cancel or reschedule your appointment, we will provide you with as much notice as practicable and will offer you the earliest available alternative appointment. No cancellation fee will be charged where a cancellation is initiated by us.

5.5   Technical issues

Telehealth consultations depend on adequate internet connectivity and functioning devices on both sides. We are not liable for any interruption to, or failure of, a telehealth consultation arising from technical issues on your end, including poor internet connectivity, device failure, or software issues. If a consultation is interrupted due to technical issues on our end, we will offer a reschedule or credit at no additional cost to you.

6.   Fees and payment

6.1   Consultation fees

Fees for our services are set out on our website at benjaminhealth.com.au/pricing and may be updated from time to time. By booking an appointment, you agree to pay the applicable fee. Current fees include:

6.2   Payment

Payment is required at the time of booking or in advance of your consultation. We accept payment via the methods listed on our website. All transactions are processed securely.

6.3   Medicare and private health insurance

Some of our services may be eligible for Medicare rebates where you hold a valid Medicare card and the service meets applicable Medicare Benefits Schedule (MBS) criteria. Medicare eligibility will be assessed at the time of your consultation by your treating practitioner.

We do not guarantee Medicare eligibility for any particular service. Any applicable Medicare rebate will be applied in accordance with current MBS rules. It is your responsibility to understand your private health insurance entitlements, if applicable.

6.4   Refunds

Refunds are considered on a case-by-case basis in accordance with our obligations under the Australian Consumer Law. A refund may be offered where:

• A service was not provided as described
• A consultation was cancelled by Benjamin Health with insufficient notice
• A technical failure on our end prevented the consultation from proceeding

Refunds will not be provided where a consultation was completed, where a cancellation fee applies under clause 5.3, or where dissatisfaction arises from the clinical outcome of a consultation, noting that healthcare outcomes cannot be guaranteed.

7.   Prescriptions and medications

7.1   Prescribing decisions

All prescribing decisions are made by our registered practitioners in the exercise of their independent clinical judgement. Benjamin Health does not guarantee that a prescription will be issued following any consultation. The decision to prescribe is based solely on clinical assessment and the practitioner’s professional obligations.

7.2   Accurate medication history

You must disclose to your treating practitioner all current medications, supplements, vitamins, and any other substances you are taking, as well as any known allergies or adverse reactions. Failure to disclose this information may result in clinically inappropriate prescribing and may pose a serious risk to your health.

7.3   Safe Scripts

Our practitioners are required by law to check the Safe Scripts prescription monitoring register before prescribing Schedule 4 and Schedule 8 medicines. By accepting a prescription for a controlled medicine, you consent to our practitioners accessing your Safe Scripts record for this purpose.

7.4   Controlled substances

Benjamin Health prescribes controlled substances only where clinically indicated, in accordance with applicable state and territory legislation, TGA requirements, and Safe Scripts obligations. We reserve the right to decline to prescribe any substance at our practitioners’ discretion.

7.5   Pharmacy dispensing

Prescriptions issued through Benjamin Health may be dispatched electronically to your nominated pharmacy. We partner with Enliven Living pharmacy for eScript dispatch, however you may nominate any registered Australian pharmacy. Dispensing of a prescription is the responsibility of the dispensing pharmacist.

8.   Your obligations as a patient

To use our services, you agree to:

• Provide complete, honest, and accurate information about your health, medications, and circumstances at all times
• Follow the treatment plans, advice, and instructions of your treating practitioner
• Attend scheduled appointments on time, or provide adequate notice of any need to cancel or reschedule
• Use the patient portal only for its intended purpose and in accordance with these Terms
• Not share, copy, or distribute any clinical information from the portal without authorisation
• Treat our staff, practitioners, and other portal users with respect and courtesy
• Not attempt to gain unauthorised access to our systems, other patients’ records, or any part of our portal beyond your own account
• Notify us promptly of any changes to your health status, medications, or contact information
• Not use our services if you are located outside of Australia at the time of consultation

9.   Acceptable use of the patient portal

You must not use the Benjamin Health patient portal to:

• Upload, transmit, or share content that is unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity, or misrepresent your identity or affiliation
• Attempt to access, tamper with, or disrupt our systems, servers, or networks
• Upload files containing viruses, malware, or any other harmful software
• Harvest, scrape, or collect information about other patients or users
• Use the portal for any commercial purpose or to promote any product or service
• Transmit unsolicited communications or spam
• Circumvent, disable, or interfere with any security features of the portal

We reserve the right to remove any content from the portal and to suspend or terminate accounts that breach these acceptable use standards.

10.   Intellectual property

10.1   Our content

All content on our website and patient portal, including but not limited to text, graphics, logos, images, educational resources, and software, is owned by or licensed to Benjamin Health and is protected by Australian copyright law. You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

10.2   Your content

You retain ownership of any content you upload to the patient portal, including documents, forms, and images. By uploading content, you grant Benjamin Health a non-exclusive, royalty-free licence to store, access, and use that content solely for the purpose of providing our services to you.

10.3   Feedback

If you provide us with feedback, suggestions, or ideas about our services, you grant us the right to use that feedback for any purpose without restriction or compensation to you.

11.   Privacy and confidentiality

The collection, use, and storage of your personal and health information is governed by our Privacy Policy, which is available at benjaminhealth.com.au and is incorporated into these Terms by reference.

Your health information is confidential and will only be disclosed in the circumstances described in our Privacy Policy. We are bound by the Privacy Act 1988 (Cth), the Australian Privacy Principles, and applicable health records legislation.

12.   Limitation of liability

12.1   No guarantee of outcomes

Healthcare outcomes cannot be guaranteed. Benjamin Health and its practitioners do not warrant that any consultation, treatment, or prescription will achieve any particular result. Your response to treatment will depend on individual factors that are outside our control.

12.2   Limitation

To the maximum extent permitted by applicable law (including the Australian Consumer Law), Benjamin Health’s total liability to you for any loss or damage arising out of or in connection with our services — whether in contract, tort, negligence, or otherwise — is limited to the total fees paid by you to Benjamin Health in the three months preceding the event giving rise to the claim.

12.3   Exclusions

We do not exclude or limit liability where to do so would be unlawful, including any liability that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes your rights as a consumer under the Australian Consumer Law.

12.4   Consequential loss

To the maximum extent permitted by law, Benjamin Health is not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profit, loss of data, or loss of opportunity, arising out of or in connection with our services.

13.   Indemnity

You agree to indemnify, defend, and hold harmless Benjamin Health, its practitioners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms
• Your provision of false, inaccurate, or misleading information to us or to your treating practitioner
• Your misuse of the patient portal or our services
• Your violation of any applicable law or third-party right

14.   Third-party services and links

Our services integrate with and may link to third-party platforms including HotDoc (appointment booking), Daily.co (telehealth video), and Enliven Living pharmacy. These third parties operate under their own terms and privacy policies, for which Benjamin Health is not responsible.

Your use of third-party services linked through our portal is at your own risk. We recommend that you review the terms and privacy policies of any third-party services you use.

15.   Modifications to services and Terms

15.1   Changes to services

We may modify, suspend, or discontinue any part of our services at any time. We will endeavour to provide reasonable notice of any material changes. We are not liable to you for any modification, suspension, or discontinuation of services, subject to our obligations under the Australian Consumer Law.

15.2   Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will:

• Post the updated Terms on our website with a revised effective date
• Notify existing patients via email or an in-portal notification at least 14 days before the changes take effect

Your continued use of our services after updated Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our services and close your account.

16.   Governing law and dispute resolution

16.1   Governing law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales in relation to any dispute arising under or in connection with these Terms.

16.2   Dispute resolution

We are committed to resolving disputes promptly and fairly. If you have a concern or complaint:

1. Contact us first at support@benjaminhealth.com.au with details of your complaint. We will acknowledge your complaint within 2 business days and aim to resolve it within 30 days.
2. If we are unable to resolve your complaint directly, you may seek assistance from the relevant state or territory health complaints authority, AHPRA, or the Office of the Australian Information Commissioner (OAIC) for privacy-related complaints.
3. For clinical complaints involving a registered practitioner, you may also contact AHPRA directly at ahpra.gov.au.

16.3   Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder of the Terms will continue in full force and effect.

17.   General provisions

Entire agreement.  These Terms, together with our Privacy Policy, constitute the entire agreement between you and Benjamin Health with respect to your use of our services.

Waiver.  Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment.  You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force majeure.  We are not liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including natural disasters, pandemics, government action, or telecommunications failures.

No medical advice online.  Content published on our website and in the Education & Resources section of the portal is provided for general informational purposes only and does not constitute medical advice. Always consult a qualified healthcare professional before making decisions about your health.

18.   Contact us

For all enquiries regarding these Terms of Service, please contact:

These Terms of Service have been prepared for Benjamin Health and are governed by the laws of New South Wales, Australia. Benjamin Health recommends that you seek independent legal advice if you have any questions about your rights or obligations under these Terms. These Terms do not limit any rights you may have under the Australian Consumer Law.

Benjamin Health  |  ABN: [Insert ABN]  |  Effective: [Insert date]  |  Version 1.0