The following terms and conditions (Terms and Conditions) govern the operation of the National Home Doctor Service After Hours Plus membership program offered by National Medical Services Group Pty Ltd ACN 163 883 841, trading as National Home Doctor Service (National Home Doctor Service).

By applying for membership of the After Hours Plus membership program (Membership), you acknowledge that you have read and understood, and agree to be bound by these Terms and Conditions.

1. APPLICATIONS FOR MEMBERSHIP

1.1 To apply for Membership, you must access the Website and complete the following three steps:
(a) apply for a Membership account (as the proposed Account Holder) by completing the online account registration process. This will require that you provide us with your personal information, including without limitation your name, and contact information;
(b) pay the Annual Membership Fee for the first 12 months of Membership in accordance with clause 2; and
(c) register the details of up to ten (10) Nominated Members (which for the avoidance of doubt, may include the Account Holder) and two (2) Nominated Addresses, which are to be linked to the Membership.

1.2 Alternatively, you can apply for Membership over the phone by calling the nominated National Home Doctor Service telephone number for the After Hours Plus membership program specified on the Website. As part of this process you will need to provide National Home Doctor Service with all the relevant details (including Visa or MasterCard details for the processing of the Annual Membership Fee) so as to satisfy the requirements set out at clauses 1.1(a) to 1.1(c) above.

1.3 Upon completion of the three steps set out at clauses 1.1(a) to 1.1(c) above, the Account Holder’s Membership shall be activated and National Home Doctor Service shall provide notice in writing to the Account Holder confirming the activation.

1.4 For the avoidance of doubt, Nominated Members are not entitled to the benefits of Membership set out in clause 3, until the Account Holder has received notice in writing from National Home Doctor Service confirming the activation.

1.5 The Account Holder must immediately notify National Home Doctor Service of any changes to the Nominated Members linked to the Membership, or to the details of the Account Holder or any Nominated Member.

2. ANNUAL MEMBERSHIP FEE AND PAYMENT

2.1 Annual Membership Fees must be paid by the Account Holder in advance before the Account Holder’s Membership is activated, and thereafter, on each twelve (12) month anniversary of the activation of the Account Holder’s Membership (Renewal Date). All payments shall be processed by National Home Doctor Service via the secure payment gateway on the Website.

2.2 Payment of the Annual Membership Fee for the first 12 months of Membership will be processed from the Visa or MasterCard nominated by the Account Holder, on the same day that the Account Holder applies for a Membership account on the Website in accordance with clause 1.1(a).

2.3 Thirty (30) days prior to each Renewal Date, the Account Holder will be notified that the Account Holder’s Membership is soon falling due for renewal and that the Annual Membership Fee will be charged to their nominated credit card on the next Renewal Date. The Account Holder authorises National Home Doctor Service to charge the Annual Membership Fee to the Account Holder’s nominated Visa or MasterCard on each Renewal Date, unless the Account Holder cancels its Membership before the relevant Renewal Date in accordance with clause 4.1.

2.4 The Account Holder is responsible for notifying National Home Doctor Service if their Visa or MasterCard details expire or change.

2.5 If National Home Doctor Service is unable to successfully process the Account Holder’s payment of any Annual Membership Fee, the Account Holder’s Membership shall immediately lapse. Where late payment of the Annual Membership Fee is made by an Account Holder, National Home Doctor Service may reinstate the Account Holder’s membership on and from the date on which payment in clear funds of the outstanding Annual Membership Fee is received by National Home Doctor Service, however there shall be no adjustment to the next Renewal Date in respect of that Membership.

2.6 National Home Doctor Service reserves the right to vary the Annual Membership Fee at its sole discretion from time to time. Any variation to the Annual Membership Fee will take effect in respect of the Account Holder’s Membership on and from the next Renewal Date.

3. MEMBERSHIP BENEFITS

3.1 Whilst the Account Holder’s Membership remains active, each of the Account Holder’s Nominated Members shall be entitled to access and use the following benefits in connection with an After Hours Consultation for that Nominated Member:
(a) provision by the Treating Doctor of a full course of any Episodic Medications at no charge, where such Episodic Medications are Clinically Appropriate;
(b) provision by the Treating Doctor of sufficient doses of Urgent Medications at no charge, where immediate treatment with those Urgent Medications is Clinically Appropriate, so as to allow treatment to commence whilst providing the Nominated Member reasonable time to fill a prescription;
(c) to the extent permitted by law, no out-of-pocket charges or co-payments for After Hours Consultations if the Nominated Member holds a current Medicare or Department of Veterans’ Affairs’ card; and
(d) the Next Day Appointment Service at no charge, where a review of the Nominated Member’s condition in the short term is Clinically Appropriate.

3.2 For the purposes of clause 3.1, Next Day Appointment Service means a service whereby National Home Doctor Service will arrange, on the Nominated Member’s behalf:
(a) an appointment with the Nominated Member’s nominated regular general practitioner for a review of the Nominated Member’s condition on the next Business Day; or
(b) if the Nominated Member’s nominated regular general practitioner is away or not available on the next Business Day, then an appointment with an alternative general practitioner from the same practice on the next Business Day,
and notify the Nominated Member of such appointment time. Where the appointment time arranged by National Home Doctor Service is not acceptable to the Nominated Member, the Nominated Member is responsible for contacting their nominated general practitioner’s practice to arrange an alternative time.

4. MEMBERSHIP CANCELLATION OR TERMINATION

4.1 Either the Account Holder or National Home Doctor Service may cancel the Account Holder’s Membership by providing one (1) month’s prior written notice to the other party.

 4.2 Where the Account Holder’s Membership is cancelled in accordance with clause 4.1, then National Home Doctor Service shall refund to the Account Holder a portion of the Annual Membership Fee paid by the Account Holder, calculated on a pro-rata basis having regard to the number of days remaining in the Membership Year.

5. VARIATION OF TERMS AND CONDITIONS

National Home Doctor Service reserves the right to vary these Terms and Conditions at any time in its sole discretion by providing notice in writing of any amendments to the Account Holder, such amendments to become binding on the Account Holder one(1) month after the date on which notice of the amendments was provided to the Account Holder. 

6. NOTICE


6.1 Any notice to or by a party under these Terms and Conditions must be in writing and sent by electronic mail to the recipient’s email address most recently notified, or where electronic mail is impracticable, by pre-paid mail to the recipient’s postal address last notified.

6.2 For the purposes of this clause 6:

(a) the Account Holder’s contact details shall be those provided to National Home Doctor Service in accordance with clause 1; and
(b) National Home Doctor Service’s contact details shall be those set out on the Website from time to time.

6.3 For the purposes of these Terms and Conditions, a notice shall be deemed to be received by a party:

(a) if sent by electronic mail, at the time sent, unless the sender is notified, by a system or person involved in the delivery of the electronic mail, that the electronic mail was not successfully sent;
(b) if sent by pre paid mail, five days after posting.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by law, National Home Doctor Service does not accept any liability for, and the Account Holder hereby releases and indemnifies National Home Doctor Service from any claim in relation to loss or damage of any kind (including loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through the negligence of National Homer Doctor Service), suffered or incurred by an Account Holder or any Nominated Member arising out of or in connection with:
(a) the goods and services provided by National Home Doctor Service to an Account Holder and/or a Nominated Member in connection with the Membership; and
(b) the goods and/or services provided by a Treating Doctor to a Nominated Member.

8. PRIVACY

National Home Doctor Service is committed to maintaining the privacy of personal information it collects. National Home Doctor Service’s Privacy Policy can be found on the Website. By applying for Membership, the Account Holder confirms that it has read and understood and agrees to all matters set out in the Privacy Policy and that it has the authority or consent to provide the personal information of all Nominated Members to National Home Doctor Service.


9. GENERAL PROVISIONS

9.1 The Account Holder may not assign its rights under the Membership or amend or add to the Nominated Members, without the prior written consent of National Home Doctor Service.

9.2 National Home Doctor Service may assign its rights and obligations under these Terms and Conditions to any person or entity, provided that National Home Doctor Service shall provide notice in writing of such assignment to the Account Holder.

9.3 Any waiver or relaxation, in whole or part, of any rights of National Home Doctor Service under these Terms and Conditions is only valid if it is in writing.

9.4 A provision of these Terms and Conditions must be read down to the extent necessary to be valid. If it cannot be read down to that extent, it must be severed, in which case, the remainder of these Terms and Conditions shall continue in full force.

9.5 The Membership and these Terms and Conditions are governed by the laws of New South Wales and the Account Holder agrees to submit to the non-exclusive jurisdiction

10. DEFINITIONS

In these Terms and Conditions:

Account Holde
r means any natural person who applies for, and obtains, Membership in accordance with these Terms and Conditions;

After Hours Consultation
means a domiciliary medical examination and consultation by a Treating Doctor at a Nominated Address, during the times specified as “after hours times” on the Website from time to time;

Annual Membership Fee means the annual fee payable by an Account Holder for Membership, as specified on the Website and varied from time to time in accordance with these Terms and Conditions;

Business Day means any day except a Saturday or a Sunday or other public holiday in the State or Territory in which the Nominated Addresses are located;

Clinically Appropriate means a course of action and/or medication that is determined by the Treating Doctor (in the Treating Doctor’s sole discretion) to be an appropriate course of action and/or medication for a Nominated Member’s condition, following an examination of the Nominated Member by the Treating Doctor;

Episodic Medications means the commonly prescribed medications and over-the-counter pharmacy products for treating episodic illnesses, which are specified on the Website from time to time;

Membership Year means the consecutive twelve month period of Membership beginning from the date of activation of the Membership or the Renewal Date (as the case may be);

Next Day Appointment Service has the meaning given to it in clause 3.2;

Nominated Addresses means the residential addresses nominated by the Account Holder as the usual residential addresses of the Nominated Members;

Nominated Members means the persons who are nominated by the Account Holder for the purpose of obtaining the benefits of a single Membership and who ordinarily reside at one of the Nominated Addresses, which may or may not include the Account Holder; 

Privacy Policy means the National Home Doctor Service privacy policy, as set out on the Website;

Renewal Date has the meaning given to it in clause 2.1;

Treating Doctor means the doctor arranged by National Home Doctor Service, at the request of a Nominated Member, to conduct an After Hours Consultation; 

Urgent Medications means the time critical prescription medications, which are specified on the Website from time to time;

Website means the website operated by National Home Doctor Service at www.homedoctor.com.au;