Additional Details

• Australian consumer law and consumer guarantees

• Copyright protection

• Delivery of services, returns and refunds policy

• Privacy and a disclaimer for warranties

• Disclosure of information

• Your ownership and intellectual property

• Limiting liability for third-party links

• Limiting liability for information and material

• The user’s rights and a licence to use the website

• A disclaimer of liability (in case the content on your website contains information that is incorrect)

• How your site will handle personal information

Interested in learning more about why your medical practice needs a Privacy Policy? You can read our article here.

1. You will provide us with the information we need to prepare the Website Terms and Conditions via an online form.

2. We will then prepare the first draft of the Terms and Conditions based on your instructions;

3. We will provide the draft Website Terms and Conditions to you by email;

4. You are welcome to either talk to email us your comments and questions about the draft Website Terms and Conditions;

5. We will then finalise the Website Terms and Conditions (if any changes are required and if instructions are received within 30 days of us sending you the first draft); and

6. You have a new asset to use in your Practice

Frequently Asked Questions

If you are considering engaging You Legal to prepare Website Terms and Conditions for your medical practice website, here’s what you need to know:

Website Terms and Conditions are essentially a legal contract between yourself and your patients, and anyone else using your website. It outline the rules, rights, and obligations of both the user and the website owner.

Website Terms and Conditions provide a governance framework outlining what must be complied with in order to access and utilise the website, and they are essential in providing you with protection from any potential claims by website users. Terms and Conditions also provide a platform to address commonly asked questions, and to clarify specific items that may, or may not be, clear through the practice’s other methods of advertising.

Website Terms and Conditions serve as a preventative measure against potential claims that users or patients may make as a result of using the website. It can limit your liability, clarify ownership of intellectual property, and provide a mechanism for resolving disputes. The Terms and Conditions act as a form of insurance for the practice, particularly when entering into contractual relationships or engaging in certain marketing activities, such as running Facebook ads or using online platforms like HotDoc.

Whilst a Privacy Policy is mandatory for medical practices, Website Terms and Conditions are not. This may seem like a great opportunity to bury your head in the sand and say, ‘Well let’s not bother with them then!’, but this could not be further from the truth. If your practice has a website, then Terms and Conditions are highly recommended.

Terms and Conditions in some cases might be considered as ‘nice to have’ but if your practice has third party relationships (or is planning to have them soon), offers products for sale directly through the site, or takes booking and pre-payments online, then your Website Terms and Conditions are equally as important.

Medical Practices can have three distinct areas that Terms and Conditions need to cover, depending on how the Practice’s website operates:

1.    Use of the website, together with terms and conditions that affect the services that the practice provides;

2.   Membership terms and conditions (if applicable); and

3.   The sale of items and products through the website.

Naturally, these three areas are different, and all three may not apply to your practice. No two practices are the same, which is why Terms and Conditions specifically tailored to your practice are essential.

Generally speaking, some of the standard provisions of website Terms and Conditions include:

•  Descriptions of the functionality of the Practice’s website;

•   An outline of services and products that are offered;

•   Terms relating to payment;

•   Disclaimers relating to limitations of liability;

•   Restrictions relating to user conduct, such as age;

•   Dispute resolutions processes; and

•   Confidentiality and details of ownership of intellectual property.

Although website terms and conditions are similar across different states, some states may have specific requirements that should be included in the terms and conditions. It is advisable to consult with a legal professional to ensure compliance with state-specific regulations.

If users do not agree to the website terms and conditions, they should not use the website. By using the website, users are agreeing to the terms and conditions.

Not a medical or allied health practice operating from physical premises? We can still help!

If you are running a med-tech or health tech business, or online medical business, you would already know some of the difficulties that come with online spaces. Contact us below to enquire about a Website Terms and Conditions best suited to your business.

Does your practice also have a Privacy Policy? You can purchase our Website Terms and Conditions, as well as a Privacy Policy here.

When implementing your Website Terms and Conditions, you may want to do so together with a Data Breach Response Plan. We offer a Notifiable Data Breach Package, which you can find here.

Have a question?