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TERMS OF ACCESS FOR THE CALL TO MIND ONLINE PLATFORM

These terms apply to all Call to Mind Services you access through Call to Mind Pty Ltd ACN 623 520 598 / ABN 93 254 104 171 (“Call to Mind”). 

In these terms:

“Call to Mind Services” means the technology, communication and administration services provided by Call to Mind when you access the Call to Mind online platform.

“Psychiatry Services” means the health and psychiatry services provided to you directly by the psychiatrist you are connected to using the Call to Mind online platform.

1. DESCRIPTION OF CALL TO MIND SERVICES

If you create an account with us, we will provide Call to Mind Services to you.  These are technology, communication and administration services to enable you to use the online platform to connect with your psychiatrist.  We will facilitate a connection and communication with a psychiatrist by providing personal contact details.

You will also have a separate relationship with your psychiatrist who is responsible for providing the Psychiatry Services to you directly.  You acknowledge that your psychiatrist may require you to agree to other terms and conditions relating to the Psychiatry Services. 

Call to Mind does not provide Psychiatry Services or employ or engage psychiatrists.  All psychiatrists who use the Call to Mind platform practise independently.

Call to Mind Services include but are not limited to:

(a) A website (calltomind.com.au) which provides a platform that performs functions such as:

1. registering on the Call to Mind platform;

2. supplying a referral from your general practitioner;

3. receiving Psychiatry Services via a secure encrypted video consultation;

4. paying for Psychiatry Services;

5. allowing Call to Mind to process a Medicare rebate for you on your behalf;

6. contacting Call to Mind to ask questions, seek clarification, or request contact with a psychiatrist that you have already seen;

In an upcoming version of the platform, you will be able to make bookings and schedule appointments with your psychiatrist.

(b) administration services including reception, triaging of referrals, billing, managing any confidential health or personal information Call to Mind receives from your referring general practitioner or psychiatrist with your consent (see “Confidentiality and Privacy” and “Records” below) and answering any questions you may have.  Administration services are provided via email, or in certain situations by phone; and

(c) technical support services.

Call to Mind Services do not include:

(a) crisis management (see “No Crisis Management” below);

(b) mental health advice independent of Psychiatry Services; and

(c) clarification or interpretation of the diagnosis, formulation, or management advice provided by individual psychiatrists.

We do not charge for Call to Mind Services.  The only charge is your psychiatrist’s charge for the Psychiatry Services.  Call to Mind does charge psychiatrists a fee to use the platform.

2. NO CRISIS MANAGEMENT

Call to Mind and psychiatrists appearing on the online platform do not admit patients to hospital.  Call to Mind is also not a crisis service and therefore if you are in crisis or feel your health is an emergency requiring immediate attention, you will need to contact your local mental health service or attend an emergency department.

Lifeline may also be of assistance in a crisis and can be contacted by telephoning 13 11 14.

If there is an immediate risk of harm to yourself or someone else, it is more appropriate to telephone emergency services on 000.

3. OUR RESPONSIBILITIES 

3.1 Connecting you to your psychiatrist

We receive referrals from general practitioners.  The psychiatrists that provide Psychiatry Services have indicated their areas of interest and particular expertise.  Based on the referral from your general practitioner, we will offer the referral to one or more psychiatrists.  The psychiatrist who accepts the referral will directly provide the Psychiatry Services to you. 

All psychiatrists appearing on the online platform must be Fellows of the Royal Australian and New Zealand College of Psychiatrists (FRANZCP) and must have Specialist Registration as a Psychiatrist with the Australian Health Practitioner Regulation Agency (“AHPRA”).  We will provide you with all the relevant details of your psychiatrist, including their name, qualification and AHPRA registration number.  You can check the registration of your practitioner at https://www.ahpra.gov.au/ and your practitioner’s fellowship status by contacting The Royal Australian and New Zealand College of Psychiatrists.

3.2 Providing you access to the online Call to Mind platform

We will provide you with the details of your appointment including login and other details to access the online Call to Mind platform.  You must keep your login details confidential.

The platform will enable you to manage your access to the Psychiatry Services and connect you with your psychiatrist using either video or teleconferencing facilities.  If your psychiatrist is unable to attend an appointment, we will assist you to reschedule the booking.

4. VIDEO CONSULTATIONS

If your consultation will take place via videoconference, you acknowledge that:

(a) you understand how the videoconferencing technology will be used to provide such a consultation;

(b) you understand that the consultation will not be the same as a direct patient/psychiatrist visit because you will not be in the same room as your psychiatrist;

(c) you understand there are potential risks to this technology, including but not limited to interruptions and technical difficulties;

(d) you understand that this video consultation is done over a secure encrypted communication system, but you accept the risk that security issues could affect confidentiality;

(e) you understand that you or the psychiatrist can discontinue the video consultation if it is felt that the videoconferencing connections are not adequate for the situation.  If this is the case your psychiatrist may endeavour to continue the consultation over the telephone. In that case, the lack of visual data may limit your psychiatrist’s capacity to fully assess your mental state;

(f) you understand that depending on the referral information the psychiatrist may request that a health care person sit in the room with you during the consultation to assist in the consultation and to help provide for continuity of care;

(g) in very rare situations, technical support may be required and this may involve a technical support officer.  We will discuss with you in advance how to maintain your privacy in this situation, and technical support officers are bound by the same principles of confidentiality.  You may also elect to cease the consultation until the technical issue is resolved or reschedule to another time;

(h) you have had the alternatives to a video consultation explained to you and you understand that aspects of investigation and treatment such as prescription of medications and physical investigations may need to be undertaken by your general practitioner under the guidance of the psychiatrist; and

(i) you understand that the consultation will not be recorded or photographed.

5. YOUR USE OF CALL TO MIND SERVICES

You agree to use the online Call to Mind platform and the Call to Mind Services to access any and all Psychiatry Services which you are eligible for as part of your program.  Your agreement with us relates only to the use of Call to Mind Services, but does not extend to any medical consent between you and your psychiatrist.  Your psychiatrist will speak to you directly about any required psychiatry consents.

6. YOUR RESPONSIBILITIES

You must attend all scheduled appointments, and tell us in advance if you can no longer attend. If you do not give us 48 hours’ notice in cancelling an appointment, you may be charged a fee of $150.00 for the consultation which will not be eligible for a Medicare rebate.  You must also talk to us if you have any concerns regarding the online Call to Mind platform.

7. FEES 

7.1 Fees

Your psychiatrist’s fees will depend on the Services requested.  Your psychiatrist will provide you with details of the fees prior to you having your first consultation with your psychiatrist.  You acknowledge that fees for the Services may change.  Any discussion regarding fees is matter between you and your psychiatrist.

You acknowledge that we collect fees as your psychiatrist’s agent.  You acknowledge that we are remunerated by psychiatrists for providing the online platform.  General information on fees may be provided via Call to Mind Services (ie administration staff) but the Psychiatry Service and its fee is between you and the individual psychiatrist.

7.2 Payments

If your appointment is being bulk-billed, you are not required to make any payments up front.

If your appointment not being bulk-billed, Call to Mind will send you an invoice prior to your appointment.  You must pay the invoice at least 48 hours’ prior to your appointment by credit card or EFT.  If you do not make payment within the required timeframe, your appointment may be cancelled. 

If you cancel your appointment with less than 48 hours’ notice or do not attend the appointment, we will refund the amount you have paid minus the cancellation fee of $150.00 as detailed in clause 6.

In the near future, Call to Mind Services will include an online payment gateway.  If your appointment is not bulk billed, we may require you to provide credit card details at the time of making your booking.  We may charge a small pre-authorisation to confirm that the credit card is valid.  You authorise us to charge your credit card the fee agreed with your psychiatrist.  If you cancel your appointment with less than 48 hours’ notice or do not attend the appointment, you authorise us to charge your credit card a cancellation fee of $150.00.

Once your consultation is complete, we will process the payment for the Psychiatry Services and if you would like, we can submit your claim for the Medicare rebate on your behalf.  Alternatively we can provide the invoice so that you can submit the Medicare rebate yourself.

Our payment service is independent and Call to Mind does not have access to your credit or debit card details.

8. CONFIDENTIALITY AND PRIVACY

Any information you disclose to us or our contractors as part of the Services will be kept confidential by us, our contractors, employees and agents.  We will not disclose such information without your prior written consent or if required to disclose the information by law, for example, to a court in response to a subpoena.

If any of your personal or health information is disclosed to us, we will treat that information in accordance with the Privacy Act 1988 (Cth) and any applicable health records legislation.

Your psychiatrist is also required to store, record and treat your personal and health information in accordance with any applicable legislation.

9. RECORDS

All records created by us or our staff as part of the Call to Mind Services belong to us and remain our property.  Our records will only relate to administrative matters such as personal contact details, appointment details and payment. 

Your psychiatrist is responsible for keeping all medical and health records created in connection with the Psychiatry Services.

10. COMPLAINTS

If you have any concerns and wish to make a complaint regarding the Psychiatry Services you must make the complaint directly to your psychiatrist or AHPRA.  Call to Mind is not responsible for handling any complaints you may have regarding the provision of the Psychiatry Services.

If you have any concerns regarding the Call to Mind Services, please direct them to Call to Mind at info@calltomind.com.au.

11. LIABILITY 

11.1 Limitation of Liability 

(a) To the extent permitted by law, we exclude all warranties, conditions or terms, other than those expressly set out in these terms.  Nothing in this clause has the effect of excluding, restricting or modifying the application of any legislation (including the Competition and Consumer Act 2010 (Cth)).

(b) To the extent we are not entitled to exclude a warranty, condition or term then our liability for breach is limited to either the resupply of the Services or payment of the reasonable cost of having the Services resupplied.

(c) Our total liability to you for any loss or damage (including indirect and consequential loss or damage), caused by, resulting from, or in relation to the Services, including whether arising from breach of contract, negligence or any other tort, in equity or otherwise, and whether we were advised of the possibility of such loss or damage, is limited (to the extent permitted by law) to the fees paid for the relevant Services.

(d) To the extent permitted by law, our liability to you is limited to that part of the loss or damage (excluding interest and costs) suffered by you, which is ascribed to us under proportionate liability legislation.

12. TERMINATION

Either you or we may terminate this engagement at any time on 48 hours’ notice.  If we terminate the agreement our administration staff will attempt to give you alternatives.  Otherwise we recommend you contact your general practitioner, local mental health service, or emergency services.

13. CHANGES TO THESE TERMS AND CONDITIONS

As we operate an online platform, it is reasonable for Call to Mind to require all persons accessing the online platform to abide by the same terms and conditions.

We may update these terms and conditions at any time.  We will provide you with 14 days’ notice of any change to these conditions.  If you have any concerns or do not agree to the changes to the terms, please notify us as soon as possible. 

14. APPLICABLE LAW

These terms are governed and must be interpreted in accordance with Victorian law.