Blua Online Doctors delivered by Hola Health - Terms & conditions

Blua (Bupa Telehealth Pty Ltd ACN 142 900 472) and Hola Health (Pack A Pill Pty Ltd ACN 634 507 949) (Hola Health, we, us or our) have collaborated to make online doctor services delivered by Hola Health available to customers through the Blua app.

Customers can access online doctors via the Blua app to book and attend Hola Health’s Services.

Hola Health is solely responsible for coordinating service bookings, delivering the Services, and providing customer support related to these Services.  If you have any questions or need assistance with the Services, please email the support team reception@blua.com.au or reach out to our support team directly at: 1300 258 287 (the support inbox and phone number is managed by Hola Health on behalf of Blua).  Hola Health will provide Blua with all data generated through Hola Health’s provision of the Services to you, including all customer personal information (including sensitive information such as health information). Blua will handle customer personal information in accordance with its Privacy Policy.

We provide a service allowing you to obtain personalised, comprehensive diagnostics and insights about your health via online assessments and Consultations with a Health Practitioner (Services). If you require immediate medical attention, contact your treating general practitioner or call 000.

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use our Services and should instead contact 000 immediately or seek alternative and appropriate medical services.

As part of our Services, our role is limited to referring you to an applicable third party Australian registered medical practitioner or specialist. The medical practitioner or specialist may, based on their own judgements, medical expertise and assessment of your suitability for such treatments, provide alternative medicines or treatments to you. We are not responsible for, nor do we make any guarantees as to, medical advice, products or services that a third party (including a medical practitioner) may provide to you.

Pricing of our Services is subject to change without prior notice and may vary during peak hours, after-hours, and weekends.  Fees for Bookings will not change after the Booking has been made.

Our complete terms and conditions are contained below, but some important points for you to know before you accept our Terms are set out below:

•  Subject to your Consumer Law Rights:

• our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and
• we will not be liable for you not providing us or a Third Party Healthcare Provider with correct and complete current health and medical information, any negligence or errors made by a Third Party Healthcare Provider, failure to follow any reasonable instructions provided to you by us, Consequential Loss or delays or failures in performance due to Force Majeure Events.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1.1 These terms and conditions (Terms) are entered into between Hola Health and you, together the Parties and each a Party.  

1.2 We provide an online platform (Platform) where you can make a booking for an initial health consultation (Consultation) and Services with an Australian registered health practitioner (Health Practitioner) who will discuss your health with you and recommend a course of action to assess your health.  

1.3  You accept these Terms by the earlier of (a) accepting these Terms on the Platform; (b) filling out the consultation form on our Platform (Consultation Form); or (c) making payment of any part of the Fees.  

1.4  These Terms will terminate upon the completion of the Services in your Booking (except any Terms that are expressly stated in these Terms to survive the completion of the Services, expiry of the Terms or termination of the Terms).  

Our Services consist of providing you with:

An initial or subsequent standard consultation with a Health Practitioner not exceeding 8 minutes in duration. Services provided within the Consultation may include (but will not include the Services listed in clause 5.2), but are not limited to:

• Certain General Health concerns;
• Certain Prescription Requests;
• Certain Medical Certificate requests; and
• Referral to another clinically appropriate healthcare provider (E.g. Pathology, Radiology, Specialist, Allied Health).

In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.

If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.

You acknowledge and agree that access to the Platform may be reliant on certain third party providers (Third Party Providers), including IT providers or CRM providers. You agree to comply with the terms and conditions applicable to the relevant Third Party Providers (Third Party Terms) at all times.

You acknowledge and agree that if you do not agree to any Third Party Terms, this may affect our ability to provide the Services.

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any Third Party Terms.

This clause 3 will survive the termination or expiry of these Terms.

You acknowledge and agree that:

• where we have provided you with any referrals for third party healthcare providers (Third Party Healthcare Providers) that you are responsible for booking an appointment with the relevant Third Party Healthcare Providers;
• you will comply with the terms and conditions applicable to the relevant Third Party Healthcare Providers and any reasonable instructions provided by the Third Party Healthcare Providers; and
• we are not responsible for, and have no control over any consultation, health services or the accuracy of information provided by Third Party Healthcare Providers.

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with any, Third Party Healthcare Provider that does not perform its services professionally or accurately.

This clause 4 will survive the termination or expiry of these Terms.

You may book your Consultation by completing the Consultation Form (Booking Request). We may, at our discretion, accept or reject a Booking Request.

You must provide us all information required in the Consultation Form, including your name and contact number.

Once we receive your Booking Request, we will send you a confirmation by email with the Consultation details (Booking). It is your responsibility to check the details in the email or text message.

5.1   Due to unforeseen circumstances, you acknowledge and agree that we or the Health Practitioner may need to reschedule the date of your Booking.  Where we need to reschedule a Booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties.  

5.2 The following are not covered within our Consultations:

1. Backdated medical certificates;
2. Centrelink medical certificates;
3. Bail hearing medical certificates ;
4. Dealing with patients less than 6 months old;
5. Consultations for any urgent medical issue (E.g. chest or abdominal pain);
6. Assessment of symptoms that have been present for longer than two weeks;
7. Ongoing Management of chronic diseases (including care plans);
8. Workers’ compensation;
9. Travel insurance claims;
10. Any type of medical certificate citing fit for “x”;
11. Return to work certificate ;
12. Clearance to travel;
13. Sedatives or controlled drugs (Schedule 8 medications such as opioids including morphine, codeine and oxycodone or Schedule 4 drugs such as benzodiazepines or quetiapine);
14. Vaccine exemptions ; and
15. COVID–19 anti-viral medication .

You may cancel your Scheduled Booking at any time by emailing us at reception@blua.com.au in accordance with the Cancellation Policy. The cancellation email must include the following details to ensure accurate processing, and the subject line should clearly state: "Appointment Cancellation Request.":

• Patient’s full name
• Appointment date
• Appointment time

Cancellations made more than 24 hours before your Scheduled Booking will be entitled to a full refund provided you email us in accordance with the Cancellation Policy. Your Scheduled Booking will not be refunded until we provide confirmation of the cancellation of your Booking in writing. Please note, any Scheduled Booking that is cancelled with less than 24 hours’ notice will incur a cancellation fee (as specified in the Cancellation Policy).

If you do not attend your Scheduled Booking and have not requested cancellation of the Scheduled Booking 24 hours in advance, the non-attendance of the Scheduled Booking will be considered a cancellation with less than 24 hours’ notice, and will incur a cancellation fee (as specified in the Cancellation Policy).

Cancellation fees have been calculated with reference to the reasonable costs incurred by us as a result of the cancellation.

You may cancel your On-Demand Booking at any time prior to clicking on the join link to enter the waiting room by emailing us at reception@blua.com.au prior to the On-Demand Consultation occurring in accordance with the Cancellation Policy. Within an On-Demand Booking cancellation email, you must identify your On-Demand Booking and request cancellation of your On-Demand Booking. Your On-Demand Booking will not be refunded until we provide written confirmation of the cancellation of your Booking in writing. The booking can only be cancelled provided you haven’t entered the virtual waiting room or clicked the join link started the consultation with the Health Practitioner.

We may cancel your Booking if you do not pay the required Fee, or if we do not have any available Health Practitioners to attend the Consultation. If we cancel due to a lack of available Health Practitioners, we will provide you with a full refund.

We reserve the right to cancel your Consultation in progress if your conduct towards the Health Practitioner becomes abusive or inappropriate, if we encounter technical issues, if the Health Practitioner deems the Consultation unfit for the circumstance, or if your medical condition requires immediate in-person attention. Should the Consultation be cancelled due to your inappropriate behaviour, you will not be entitled to a refund of the Fee.

If the cancellation arises from technical difficulties with our software or systems, the Health Practitioner’s determination of an unsuitable Consultation, or the necessity for immediate in-person medical care, we will issue a full refund of the Fee.

You acknowledge and agree that a Health Practitioner can refer you to Third Party Healthcare Providers where they consider it medically appropriate and in line with their legal obligations.

Complex referrals may not be provided as these often involve detailed patient history, multi-faceted medical conditions, or a high degree of specialisation that requires extensive knowledge about a patient’s unique medical situation.

You acknowledge and agree that:

(a)  We are not a party to, or a participant in, any contractual relationship between you and/or Third Party Healthcare Providers;

(b)  The Third Party Healthcare Providers are not our employees or representatives;

(c)  The Health Practitioners have full and absolute discretion in determining whether referral for Medical Testing or to a Third Party Healthcare Provider is suitable for you; and

(d)  We do not guarantee that a Health Practitioner will refer you to a Third Party Healthcare Provider following a Consultation via the Platform.

We collect personal information (including sensitive information) you provide to us in your interactions with us in order to provide our Services to you, to enable Health Practitioners to provide services to you, and for the purposes set out in our Privacy Policy. We are required by the National Health (Pharmaceutical Benefits) Regulations 2017 to collect your name, address, and Medicare number or Individual Healthcare Identifier (IHI) before issuing a e-script, as well as your status and eligibility for any entitlements or concessions.

We may not be able to provide you with our Services promptly or at all if you do not provide the requested personal information.

We disclose personal information in accordance with our Privacy Policy. In particular, we disclose personal information to Health Practitioners and Third Party Healthcare Providers so they can provide you with services.

We will retain any relevant medical records (Records) in accordance with all applicable Laws.

Our Privacy Policy also contains further information about how we collect, use, and disclose your personal information, how you may request access to or correction of your personal information, and how you may make a complaint about a suspected breach of privacy. If you have questions, please contact us at reception@blua.com.au.

In the event of termination or expiry of these Terms, you may request a transfer of the Records to your current health practitioner.

9.1   Full Payment of the Fees is required via credit card when you schedule your Booking and payment secures your appointment.

9.2  We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

9.3  You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

9.4  We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

9.5  Subject to clause 6, the Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms and will not be refundable for Consultations that do not result in the provision of a script, referral, medical certificate or other documentation. We cannot guarantee the provision of prescriptions, treatment or documentation.

10.1  The decision to prescribe any medications rests entirely with the consulting Health Practitioner, based on their professional judgment and in consideration of your health conditions and medical history. This is to ensure prescriptions are appropriate and safe for you to use. Health Practitioner determines that a medication you have requested is not suitable or necessary for your treatment, they have the right to not prescribe it. In such cases, we will not be able to provide a refund for the Consultation.

10.2  After your Consultation, the prescription for your medication will be digitally processed as an e-script and delivered to you via SMS. Typically, this process is completed within approximately one hour post-Consultation. However, please note that delivery of the e-script can be delayed if the demographic details (e.g., name, address, date of birth), Medicare details or IHI provided are either missing or incorrect. The Medicare details or IHI , as well as your name and address, are a legal requirement to generate e-scripts. Details received beyond our operating hours will be addressed the following Business Day. We strive to provide efficient service, but it is crucial for patients to provide accurate and complete information to avoid any unnecessary delays in receiving their prescriptions. You can fulfil your prescription at a pharmacy of your choosing.

10.3  Should you wish to get more than one medication, you can request to do so via a new Consultation. Where repeats and more than one medication are requested, they may be prescribed, based on the Health Practitioner’s discretion.

11.1  We do not backdate medical certificates.

11.2  Multi-day medical certificates may be provided but not beyond 7 days from the date of Consultation.

11.3  To maintain patient privacy and confidentiality, we do not include specific patient conditions on the medical certificate. The certificate is simply to verify that you have a medical condition and are unfit for work or school.

11.4  You must ensure all details you provide during your Booking are correct as the medical certificate cannot be amended once issued.

12.1  The on-demand and scheduled consultation Services provided by our Health Practitioners are privately billed and Medicare rebates do not apply. 

13.1  Given the absence of a Medicare item number, we are unable to provide a detailed invoice that can be submitted for private health insurance claims (Private Health Insurance Claims). The entire cost of the Consultation must be paid by the patient in advance of the Consultation.

You agree (and to the extent applicable, ensure that your Personnel agree to):

1. To comply with these Terms, all applicable Laws, and our reasonable requests;
2. To  provide us with all documentation, information, instructions, cooperation and access reasonably necessary to enable us to provide the Services, including your Medicare card number;
3.  That all information and documentation that you provide to us in connection with the Terms is true, correct and complete; and
4.  To not (or not attempt to) disclose, or provide access to, the Services to third parties without our prior written consent.

You agree to pay our additional costs reasonably incurred as a result of you failing to comply with this clause 14.

Each Receiving Party agrees:

1. Not to disclose the Confidential Information of the Disclosing Party to any third party (subject to subclause 15.1(c));
2. To protect the Confidential Information of the Disclosing Party from any loss, damage or unauthorised disclosure;
3. To only disclose the Confidential Information to those of its Personnel who need to know the Confidential Information in connection with these Terms, provided those Personnel keep the Confidential Information confidential in accordance with this clause 15; and
4. To only use the Confidential Information of the Disclosing Party for the purpose of performing obligations, or exercising rights or remedies, under these Terms.

The obligations in clause 15.1 do not apply to Confidential Information that:

1.  Is required to be disclosed for the Parties to comply with their obligations under these Terms;
2. Is authorised in writing to be disclosed by the Disclosing Party;
3. Is in the public domain or is no longer confidential, except as a result of a breach of these Terms or other duty of confidence; or
4. Must be disclosed by Law or by a regulatory authority, including under subpoena, provided that (to the extent permitted by Law) the Receiving Party has given the Disclosing Party notice prior to disclosure.

Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause.

This clause 15 will survive the termination of these Terms.

Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these Terms excludes those Consumer Law Rights.

Subject to your Consumer Law Rights, we provide all material, work and services (including the Services) to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at law or on any other basis, except where expressly set out in these Terms.

This clause 16 will survive the termination or expiry of these Terms.

To the maximum extent permitted by Law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

1. You not providing us or a Third Party Healthcare Provider with correct and complete current health and medical information;
2.  Your failure to follow the Third Party Healthcare Terms or any reasonable instructions provided to you by us or a Third Party Healthcare Provider; and
3. Any event outside of our reasonable control.

Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:

1. Neither Party will be liable for Consequential Loss;
2. A Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
3. Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

This clause 17 will survive the termination or expiry of these Terms.

Amendment: We may amend these Terms at any time. You will be asked to consent to the Terms, by clicking “I accept” each time you use the Platform and our Services you agree to the amended Terms (if any).

Assignment: Subject to the paragraph below on “Assignment of Debt”, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld). Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other Party in writing details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and uses reasonable endeavours to minimize the duration and adverse consequences of the Force Majeure Event.

Where the Force Majeure Event prevents a Party from performing a material obligation under these Terms for a period in excess of 60 days, then the other Party may by notice terminate these Terms, which will be effective immediately, unless otherwise stated in the notice. This clause will not apply to a Party’s obligation to pay any amount that is due and payable to the other Party under these Terms.

Governing Law: These Terms is governed by the laws of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to the addresses set out in these Terms, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 3 Business Days in the case of post, or at the time of transmission in the case of transmission by email where the departure from the sender’s mail server is before 5:00pm on a Business Day, or the next Business Day in any other case, unless the sender receives an automated message generated by the recipient’s mail server (other than an out of office message) that the email has not been delivered.

Relationship of Parties: These Terms is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Terms, and:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Business Day means a day on which banks are open for general banking business in Sydney, New South Wales, excluding Saturdays, Sundays and public holidays.

Confidential Information means information which:

• Is disclosed to the Receiving Party in connection with these Terms at any time;
• Relates to the Disclosing Party’s business, assets or affairs; or
• Relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise:

• Any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission; and/or
• Without limiting subclause (a) of the definition of Consequential Loss, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data.

However, the Parties agree that your obligation to pay us the Fees under these Terms will not constitute “Consequential Loss”.

Consumer Law Rights has the meaning given in clause 16.

Disclosing Party means the Party disclosing Confidential Information to the Receiving Party.

Fee means the amount payable by you for the Consultation and Services.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Receiving Party means the Party receiving Confidential Information from or on behalf of the Disclosing Party.

Third Party Provider or Third Party Providers means third parties or services provided by third parties, including IT providers, CRM providers or hosting providers.

Third Party Healthcare Provider or Third Party Healthcare Providers means third parties or medical services provided by third parties that we refer you to, including medical practitioners, allied health or specialists in areas including pathology or imaging.