Terms & Conditions

1. About these Terms

These Terms and Conditions (Terms) govern your use of the website at patientpower.com.au and all related services offered by Vanguard Health Consulting Services Pty Ltd [ABN 19 133 444 041 trading as "Patient Power" (we, us, our, or Patient Power).

By using the website or submitting information to us through the website, you agree to these Terms. If you do not agree, you must not use the website or our services.

We may update these Terms from time to time. The current version is always the version published on patientpower.com.au. If we make a material change, we will display a notice on the website for a reasonable period before the change takes effect. Your continued use of the website after an update means you accept the updated Terms.

In these Terms:

Patient Power Service means the information and introduction service described in Section 3.
Participating Specialist means a medical specialist who has provided Patient Power with information about their out-of-pocket fee for the relevant procedure, and has agreed that Patient Power may refer patients to them at that fee.
Procedure means the medical procedure to which your quote relates. During this trial, the Procedure is cataract surgery.
Quote means the out-of-pocket fee quoted to you by the specialist to whom you have been referred by your general practitioner (GP), for the Procedure.
Introduction Fee means the $299 (AUD) fee described in Section 5.

2. Trial scope and who can use this service

2.1 Trial only

Patient Power is currently operating as a trial. The service is available only for cataract surgery, and only for ophthalmologists practising in South East Queensland. We expect to expand the service over time. These Terms apply to the trial only; updated Terms will apply to any expanded service.

2.2 Who this service is for

To use Patient Power, you must:

be at least 18 years old;
be a resident of Australia;
have already seen an ophthalmologist to whom you have been referred by your GP; and
have received a specific out-of-pocket fee quote for cataract surgery from that ophthalmologist.

If you are acting for another person (for example, an elderly family member), you must have their authority to provide us with their information and to arrange an introduction on their behalf. By submitting information to us, you confirm that you have that authority.

3. What Patient Power is, and what it is not

3.1 What we do

Patient Power is an information and introduction service. We:

collect the out-of-pocket fee you have been quoted for cataract surgery;
compare that Quote against the fees that Participating Specialists have told us they charge for the same procedure;
let you know whether, based on the information provided to us, a Participating Specialist has agreed to perform the Procedure at a lower fee than your current Quote; and
if you choose to proceed and you pay the Introduction Fee, give you the name and contact details of that Participating Specialist and assist you to arrange an initial contact with them.

3.2 What we are not

Patient Power is not a medical practice, a hospital, a health insurer, or a government service. We are not registered with the Australian Health Practitioner Regulation Agency (AHPRA). We do not:

provide medical advice, diagnosis, treatment, or clinical opinions of any kind;
recommend one clinical approach over another;
take any responsibility for the clinical care you receive from any specialist (including any Participating Specialist);
guarantee the outcome of any procedure; or
tell you whether the specialist you have been referred to, or any Participating Specialist, is the best clinician for your particular circumstances.

Decisions about your medical care are yours to make, in consultation with qualified medical professionals.

3.3 Our independence

Patient Power does not receive, and will not accept, any payment from any specialist, hospital, health fund, or other third party in exchange for introducing a patient to that specialist or any other party. Participating Specialists do not pay Patient Power to be listed, to be recommended, or for any patient referred to them. Our only revenue from a patient introduction is the Introduction Fee paid by the patient.

4. How the service works

A typical interaction with Patient Power works as follows:

Step 1 — You have seen a specialist. Your GP has referred you to an ophthalmologist, you have attended an initial consultation, and you have been given an out-of-pocket quote for cataract surgery.
Step 2 — You submit the quote. You enter your Quote and the details requested on the website into the form at patientpower.com.au.
Step 3 — We compare. We compare your Quote against the fees Participating Specialists have told us they charge for the same procedure in South East Queensland.
Step 4 — We let you know the position. We will contact you to tell you whether a Participating Specialist has indicated they will perform the Procedure at a lower out-of-pocket fee than your Quote. If no Participating Specialist has indicated a lower fee, no Introduction Fee is payable and our involvement ends (unless you ask us to recontact you at a later time).
Step 5 — You decide. You may choose to accept the introduction, decline it, or think about it. No Introduction Fee is payable while you are deciding.
Step 6 — Introduction and fee. If you tell us you want the introduction, we collect the Introduction Fee (see Section 5) and then give you the identity and contact details of the Participating Specialist and (if requested) assist you to arrange an initial contact with their rooms.
Step 7 — You and the Participating Specialist. From the point of introduction, any arrangements — including consultations, bookings, fees, anaesthetist and hospital costs, clinical advice, and the procedure itself — are solely between you and the Participating Specialist (and any third parties such as anaesthetists and hospitals). Patient Power is not a party to those arrangements.
Step 8 — Feedback. After your procedure, we may contact you to ask about your experience and the final cost you paid. You are not obliged to respond. Your responses help us improve the service and inform de-identified market information (see Section 8 and our Privacy Policy).

5. The $299 Introduction Fee

5.1 What the fee is for

The Introduction Fee is $299 (AUD), inclusive of GST. It is the fee you pay us for: (a) our comparison of your Quote against the fees of Participating Specialists; (b) our advice that a Participating Specialist has agreed to perform the Procedure at a lower out-of-pocket fee; and (c) the identity and contact details of that Participating Specialist.

5.2 When the fee is charged

The Introduction Fee becomes payable at the moment you tell us you want to be introduced to the Participating Specialist. We will not charge the Introduction Fee unless and until you elect to take up the introduction.

5.3 When the fee is not charged

You will not be charged the Introduction Fee if:

no Participating Specialist has indicated that they will perform the Procedure at a lower out-of-pocket fee than your Quote;
you decide not to proceed with an introduction; or
we withdraw the offer of an introduction before you accept it (for example, because the Participating Specialist is no longer available).

5.4 Payment method

We accept payment by credit or debit card through our payment processor [processor name — e.g. Stripe]. By submitting your payment details, you authorise us to charge the Introduction Fee to that card. Your card details are handled by the payment processor in accordance with its own terms and are not stored by us.

5.5 Non-refundability

Once the Introduction Fee has been paid and we have disclosed the identity and contact details of the Participating Specialist, the service you paid for has been supplied and the Introduction Fee is not refundable. You should be satisfied that you want the introduction before you pay.

5.6 Your consumer guarantee rights

Nothing in Section 5.5 or these Terms excludes, restricts or modifies the guarantees, rights or remedies that you may have under the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other consumer protection legislation that cannot be lawfully excluded. Under the ACL, the services we supply come with guarantees that they will be provided with due care and skill, will be reasonably fit for any particular purpose we have agreed to, and will be supplied within a reasonable time. If we fail to meet those guarantees, you may be entitled to a refund, a resupply of services, or compensation for reasonably foreseeable loss or damage, as set out in the ACL. If you believe we have not met a consumer guarantee, please contact us (see Section 15) and we will work with you to resolve the matter.

6. Important disclaimers

6.1 We do not give medical advice

The website and our service provide pricing information only. Nothing on the website or in any communication from us is medical advice. You should rely on your GP, ophthalmologist or other qualified health professional for medical advice, and on your own judgement.

6.2 Referrals and Medicare

A valid referral from your GP (or other appropriate referring practitioner) is generally required for Medicare rebates on specialist services. If you decide to see a Participating Specialist, you may need a new or amended referral. Referral requirements are a matter between you, your GP and the Participating Specialist. We are not able to advise you on referral validity, Medicare rebates, health fund coverage, or any out-of-pocket implications of changing specialists.

6.3 All-in cost may differ from the quoted fee

The out-of-pocket fee quoted by a specialist for their own services may not cover every cost of your procedure. Additional costs can include the anaesthetist fee, hospital or day-surgery fee, follow-up consultations, diagnostics, pharmaceuticals, and any unforeseen clinical requirements. We encourage you to ask the Participating Specialist for a written, all-in estimate before you commit to the procedure. We do not verify, audit or guarantee any quote.

6.4 Availability of Participating Specialists

The identity of Participating Specialists is confidential until the point of introduction. We cannot guarantee that any Participating Specialist will be available within a particular timeframe, will accept you as a patient, will agree to provide the Procedure in any particular location, or will still be participating in Patient Power when you attempt to make an appointment. Acceptance of you as a patient is at the discretion of the Participating Specialist.

6.5 Pricing information

The information Participating Specialists give us about their fees is current at the time they give it to us. We take reasonable steps to keep it up to date, but we cannot guarantee that a Participating Specialist’s fee at the time of your procedure will be exactly the fee they most recently gave us. If the fee has changed, we will tell you what we know.

6.6 Savings claims

Where we state a saving or average saving figure on the website or in marketing, that figure reflects our understanding, based on the information available to us at the time of publication, of the difference between the Quotes we have observed and the fees offered by Participating Specialists. Savings vary between patients. We do not guarantee that any particular patient will save any particular amount.

7. Use of the website

7.1 Acceptable use

You agree to use the website only for lawful purposes and only in accordance with these Terms. You must not:

submit false, inaccurate, or misleading information;
submit information about another person without their authority;
use the website or service to harass, defame or harm any person, including any specialist listed or not listed with Patient Power;
attempt to gain unauthorised access to the website, any account, or any underlying systems or databases;
copy, scrape, reverse engineer, or re-publish any content from the website except as expressly permitted by these Terms; or
use the website in a way that infringes the intellectual property rights or privacy of any person.

7.2 Our content

All content on the website (including text, graphics, logos, layout, and the "Patient Power" name and get-up) is owned by us or licensed to us. We grant you a limited, personal, non-transferable, revocable licence to view and use the website for the purpose of using our service. All other rights are reserved.

7.3 Your content

You retain ownership of the information you submit through the website. You grant us a non-exclusive, royalty-free licence to use that information for the purpose of providing the service to you, running the Patient Power business, complying with the law, and creating de-identified pricing and market information (see Section 8). Our Privacy Policy sets out how we collect, store, use and disclose personal information.

7.4 Availability

We try to keep the website available at all times, but we do not guarantee that the website will be available without interruption, error, delay or defect. We may suspend, withdraw or restrict the website without notice where necessary for maintenance, upgrades, security, or legal reasons.

8. Privacy and data

The personal information you provide to us is handled in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy, which is available on the website.

In summary:

We collect only the personal information we need to provide the service.
Personally identifiable information you provide is shared only with the Participating Specialist to whom you are introduced (and, where necessary, their rooms), unless you have given us specific consent or we are required by law.
Information about prices you have been quoted, and prices charged by Participating Specialists, may be used by us in a de-identified form to help us understand pricing in Australia, improve our service, and publish market information. "De-identified" means in a form that does not identify you or any individual specialist.

If you would like us to delete your personal information, or to access or correct information we hold about you, please contact us (see Section 15).

9. Relationship with specialists

Patient Power is not a party to any appointment, consultation, procedure, or billing arrangement between you and any specialist. In particular:

We have no authority to bind any specialist to a particular fee, appointment time, or course of clinical action.
A specialist’s decision to accept or decline to treat you is theirs alone.
We do not receive, pay, or share any clinical fee.
We do not pay specialists for referrals to Patient Power, and we do not accept payment from specialists for referrals away from Patient Power.

If you have a clinical complaint about a specialist, that complaint is properly directed to the specialist’s practice, the hospital concerned, and if appropriate to AHPRA or the relevant health complaints body in your state or territory (in Queensland, the Office of the Health Ombudsman).

10. Third-party links and tools

The website may contain links to third-party websites or integrate third-party tools (for example, a chat feature, payment processor, or analytics). Third-party websites and tools are governed by their own terms and privacy policies. We are not responsible for the content, availability, or privacy practices of any third party.

11. Warranties, liability and indemnity

11.1 No other warranties

To the extent permitted by law, and subject always to your non-excludable rights under the ACL and other applicable consumer protection laws:

the website and the service are provided "as is";
we make no warranty or representation about the accuracy or completeness of any information on the website, the clinical quality of any specialist, or the outcome of any medical procedure; and
we exclude all implied warranties to the maximum extent permitted by law.

11.2 Cap on liability

To the extent permitted by law, our total aggregate liability to you arising out of or in connection with your use of the website or the service (whether in contract, tort, under statute, or on any other basis) is limited, at our option, to: (a) supplying the service again; or (b) refunding the Introduction Fee actually paid by you to us.

11.3 Excluded loss

To the extent permitted by law, we are not liable for any indirect, consequential, special, punitive or exemplary loss, any loss of profits, loss of opportunity, loss of data, or any loss that was not reasonably foreseeable at the time you accepted these Terms.

11.4 Medical outcomes

Without limiting the preceding clauses, we are not liable for any clinical outcome, adverse event, injury, or other loss arising from any consultation, procedure, or treatment performed by any specialist (including a Participating Specialist). Clinical care is the responsibility of the treating practitioner.

11.5 Your obligations

You are responsible for the accuracy of the information you provide to us. You agree to indemnify us for any loss we reasonably suffer as a direct result of information you provide that is false or misleading in a material way, or as a result of your breach of these Terms. This indemnity does not apply to the extent the loss was caused or contributed to by us.

11.6 Nothing excludes non-excludable rights

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot be lawfully excluded, restricted or modified — including under the ACL. Where a liability cannot be excluded but can be limited, our liability is limited to the minimum amount permitted by law.

12. Complaints and dispute resolution

If you are not happy with any aspect of the service, please contact us first (see Section 15). We will respond within a reasonable time and work with you in good faith to resolve the matter.

If we cannot resolve a complaint about our service together, you may be entitled to refer the matter to an external body such as your state or territory consumer protection agency (for example, the Queensland Office of Fair Trading) or the Australian Competition and Consumer Commission (ACCC).

Complaints about the clinical care of a specialist should be directed to the specialist, their practice or hospital, AHPRA, and (in Queensland) the Office of the Health Ombudsman.

13. Suspension and termination

We may suspend or terminate your use of the website, decline to provide the service to you, or withdraw an offer of introduction, if:

we reasonably believe you have breached these Terms;
we reasonably believe you have provided false or misleading information;
continuing to provide the service to you would cause us to breach the law or professional standards applicable to Participating Specialists; or
we are required to do so by law.

If we suspend or terminate before an introduction has been made, no Introduction Fee is payable. If termination is a result of our breach, Section 5.6 (your consumer guarantee rights) continues to apply.

14. General

14.1 Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the federal courts of Australia.

14.2 Whole agreement

These Terms, together with our Privacy Policy and any other terms we refer to in writing, are the entire agreement between you and us about the website and the service, and replace any earlier representations or discussions.

14.3 Severance

If any part of these Terms is unenforceable, that part is severed to the minimum extent necessary. The rest of the Terms continue in force.

14.4 No assignment

14.5 No waiver

If we do not enforce a right under these Terms on a particular occasion, that does not mean we have waived it.

15. Contact us

If you have any questions about these Terms, want to make a complaint, or want to exercise a right under the ACL or the Privacy Act, you can contact us at:

Patient Power (Vanguard Health Pty Ltd)

Email: info@patientpower.com.au