Terms and Conditions | New Zealand

Vityl Men’s Health Treatment Plans

The Vityl Men’s Health Treatment Plan is provided by My Direct Doctor Pty Ltd. In this document when we refer to us, our, we, Vityl or the Practice, we are referring to My Direct Doctor Pty Ltd. When we refer to you, your, client or Patient we are referring you as a subscriber to the Vityl Men’s Health Treatment Plan. When we refer to Terms, we are referring these terms and conditions.

Vityl Men’s Plan Terms and Conditions

1. By subscribing to the Vityl Men’s Health Treatment Plan, you are agreeing to these Terms.

2. The charge will start on the day of your first medical appointment with either a Nurse Practitioner or 
Medical Doctor. If you have an appointment and do not attend your appointment, you will be charged 
from the day of the appointment. You may contact us to reschedule your appointment that is missed. 
Once rescheduling is communicated to us, we will reschedule the Stage 1 IMA date as well as the 
subscription start date.

3. If you miss two appointments in any three-month period, we reserve the right to charge a $150 
charge as a missed appointment charge from the second missed appointment. 

4. We may increase the weekly price by giving you 30 days' notice in writing.

5. You may cancel your Vityl Men’s Health Treatment Plan at any time on 10 days written notice to us.  Any amounts paid in advance are non-refundable.

6. You agree on cancelling to follow any discharge procedure we reasonably require and acknowledge 
and agree to provide us with someone to hand your treatment over to. You acknowledge and agree that 
your care and treatment may be adversely affected by your cancellation before treatment is completed.

7. While you are subscribed, we agree to provide you with a medical coordination service. In return for 
the weekly fee, we provide you access to a range of health professionals who have agreed to work 
together for your care and provide treatment to you. We will also arrange for your medical information 
to be available to those professionals and provide you with a service for adding information to your 
medical record and passing this onto your clinical team. Any liability for your care rests with the medical professionals you consult with, who hold their own insurance as a condition of their registration. You agree not to hold us liable for any liability associated with your medical care through our services.

8. You agree that we will share your medical file and information with all health professionals and 
support staff working with or for our service and they will share your health information with us.

9. As part of our coordination service, we will assist you in claiming the costs of any non-PBS prescribed medications or other services from your private health care if applicable and requested by you;

10. The number or types of medical professionals and allied health care professionals available to you 
may change from time to time based upon your clinical need or our resources. The amount of time or 
number of consultations they provide may also change from time to time based upon your clinical need 
or our resources. If you are not happy with the available professionals or care team available or if this 
changes in a way do not like, you may cancel the Vityl Men’s Health Treatment Plan by providing us 10 
days written notice.

11. Apart from when bulk billing you per this terms and conditions, our in-network care team, will not 
charge you for their services unless we expressly indicate this before the service is provided. You may be 
charged for other health care professionals if our care team refers you to specialists not in our care 
team. We will notify in advance if you are required to pay an amount in addition to any bulk billed 

12. From time to time, registered medical professionals providing you care may wish to bulk bill for 
services they provide. If services are provided in this way, you agree to do anything necessary to assign 
the payment from the New Zealand Ministry of Health to the Doctor. You acknowledge that the Doctor 
may share some of that payment with us for the services we provide them. These consultations are in 
addition to your Vityl Men’s Health Treatment Plan and the bulk bill amount reflects the cost of these 
services. If these services are bulk billed, you will not have an out-of-pocket amount to pay.

13. You are not entitled to any New Zealand Ministry of Health rebates for our services or services 
provided by our medical professionals.

14. We reserve the right to vary these Terms and any linked policies by publishing revised terms on our Website at least 10 days before they come into effect. Any revisions are effective as at the time of publication on the Website. You must check regularly to ensure you are aware of any changes.

15. By agreeing to these Terms, you warrant to us that: a. you are legally capable of accepting these 
Terms; b. any Personal Information you provide us with is up to date and accurate; c. any content you provide to us is not misleading or inaccurate; d. you will not impersonate any other person; e. you will treat us and our care team with kindness, respect and professionalism; f. you will be truthful and not mislead us; g. you will not facilitate or encourage any violations of these Terms or our policies by other Patients or third parties; h. you will not do anything otherwise unlawful or that is or may be subject to civil or criminal penalties.

16. You agree that we will collect sensitive personal information for you for the provision of the service.

17. You agree that we will store information collected from you or about you on electronic systems, 
which may be located inside and outside of Australia and New Zealand. This information will be treated 
in accordance with our Privacy Policy.

18. You agree that our service is not made for emergencies or urgent clinical needs. If in need of these 
services, you agree to call 111 or attend your local emergency room.

19. That unless expressly indicated, our clinical team are licensed in Australia and will conduct 
communications with you in English via either telecommunications or Video Conference only. We do not 
offer in person consultations; however, we can refer you for a physical in person consultation if 
indicated or requested (however this may involve a further charge).

20. The Doctor providing your care may issue a prescription if this is medical indicated – it is not 
guaranteed – our Doctors also have a policy of not issuing new patients, under any circumstances, 
prescriptions for some medications, including benzodiazepines, some opioids and any medications listed 
in Schedule 8 of the Poisons Standard 2013 (Cth) or any other medications prohibited by Australian law.

21. That the Doctor will only offer medical certificates, prescriptions or referrals if these are clinically appropriate.

22. That the service may not be suitable for all conditions or ailments as some medical services are 
unable to be provided remotely. In this event, your Doctor will advise you of this during the consultation 
and you may contact to request that we attempt to provide you with a referral to an in-person Doctor 
consultation for your specific medical need – which may come at a further cost.

23. That we may record your communications with us or any member of the care team we refer you to 
and may keep a transcript, audio or visual record of the consultation for customer service, record 
keeping and quality control. In addition, you agree that any of the care team who provide you with a 
service may create and share with us the notes of your interaction for storage with your medical records 
that we will keep as required by law. This includes information received from third parties about your 
health care (like pathology, imaging or specialist reports).

24. You agree that your medical and health information may be used by us and third parties for 
research, case study or training purposes. When providing information to third parties for this purpose 
we will replace your name and identifying information with a pseudonym.

25. For the cost of the Vityl Men's Plan, you acknowledge that while rebates may be available from 
private health coverage, we do not make any representation that you can obtain any rebate from New 
Zealand Ministry of Health or other insurers for the service and agree that a rebate is not available for 
our services that are not bulk billed;

26. To the extent permitted by law, we are not liable for, and you release us from, any liability to you 
whether arising in breach of contract, negligence or any other cause for: a. errors or omissions in the 
Website or linked sites; b. delays to, interruptions of or cessation of our service; c. unauthorised or 
illegal conduct of any third party; d. any consequential loss and (to the extent not already covered by 
that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the services; e. any breach of your obligations under these Terms.

27. Any guarantee, warranty, term or condition that is implied or imposed into these Terms by 
legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or 
condition is limited to one or more of the following to the extent permitted by law (at our option): a. in 
the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, 
the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the 
cost of having the goods repaired; or b. in the case of services, the re-supply of the services, or the 
payment of the cost of re-supplying the services.

28. We may terminate your access to our services immediately if we feel that your use of the service is 
not in our or your benefit or on 30 days written notice for any reason. In this event we will refund you 
any amounts paid in advance for our services and not yet used.

29. You acknowledge you have read and are aware of our privacy policy posted on our website and 
updated from time to time and agree to the use of your data in the ways outlined in this policy. We 
agree that this is policy is the policy we intend to follow in the protection of your privacy.

30. We will use reasonable endeavors to protect against privacy and security breaches, however you 
acknowledge and accept the risk that it is possible that your medical records may be affected by hacking 
or other security breaches by malicious third parties that are out of our control.

31. We agree that we will comply with applicable privacy and health records laws in providing you a 

32. Any provision of these Terms which is invalid in any jurisdiction must, in relation to that jurisdiction, be read down to the minimum extent necessary to achieve its validity, if applicable; and be severed from this Agreement in any other case, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.

33. These Terms comprise the entire agreement between you and us in relation to your access to and 
use of our services.

34. Neither these Terms nor any provision of these Terms may be amended, modified, waived, 
discharged or terminated orally. Any variation must be in writing signed by all parties. 36. These Terms will be construed in accordance with New Zealand laws and the parties agree to submit 
to the non-exclusive jurisdiction of the courts of New Zealand and any courts which may hear appeals 
from them.