Terms of Service

TACGA Online Nutritional consultation service




ABN 98 613 255 682

Terms of use

  1. TACGA Online Nutritional consultation service

The Website TACGA.com.au (hereafter known as The Australian Centre for Genomic Analysis or TACGA) is a Online Nutritional consultation service, linked to TACGA, which is located in Brisbane, Australia. TACGA provides services which include:

1.1    A platform through which a Nutritionist,  hereafter known as the “Practitioner” can provide telehealth consultations to individuals (Telehealth Consultations);

1.2    A booking and payment service for Telehealth Consultations; and

1.3    Information relating to Telehealth Consultations.

  1. About these Terms of Use

2.1    TACGA is  provided to You by TACGA Pty Ltd (ABN 98 613 255 682; we, our  or  us).

2.2    By using TACGA, You agree to be bound by these Terms of Use and the Privacy Statement, which form a contract between us and You. If You do not agree with the terms of use, please do not use the site. We reserve the right to update the content of the site at any time and without notice.

2.3    TACGA is an accredited Nutritional consultation service , and as such, we are committed to providing the highest standards of care to our patients. We constantly seek to improve our services. As a result, we may need to update these Terms of Use to accurately reflect how we conduct our business. We will also request feedback from You regarding the service.

We will direct you to the current Terms of Use when you book a Telehealth Consultation. If you do not agree to the Terms of Use, you should not use TACGA. When you register with this service, you accept the Terms of Use.

2.4    We may refuse access, change, suspend or discontinue your access to or use of TACGA, should your manner be abusive or threatening, and otherwise subject to our availability.  We reserve the right to deny the provision of services to any user.

2.5    You understand that if we permanently discontinue your access to TACGA, to the extent permitted by law, any personal information that was collected by us may be permanently deleted.

  1. Privacy

3.1    We will comply with applicable privacy and health records laws and the Privacy Statement when collecting, handling and using any personal information that we obtain about you in connection with your use of TACGA.

3.2    A copy of the current Privacy Statement is available at https://tacga.com.au/privacy-policy/

Using TACGA;

  1. Acknowledgements

You acknowledge and agree that:

4.1   TACGA should not be used in case of emergency or for the treatment of life threatening conditions, illnesses or injuries. In case of emergency, call 000. For general medical issues, ie not related to Nutritional consultation services,  please contact your local General Practitioner.

4.2    You have a direct relationship with your Doctor. Our role is limited to the provision of a service through which you and the Doctor can interact.  You and your doctor are solely responsible for the information exchanged and communicated before, during and after consultations.

4.3    the Doctors are not our employees, representatives or agents;

4.4    a Telehealth Consultation will not be appropriate for all patients, conditions or circumstances, and you may be directed to alternative health services on this basis;

4.5    The prescription of pharmaceuticals, issuance of medical certificates or provision of referrals is at the sole discretion of the Doctor.

4.6    If you access a Telehealth Consultation from outside of Australia, you acknowledge and agree that the Nutritionist may not be registered to practise outside Australia. The Nutritionist may not provide information or advice which is relevant outside of Australia. This includes, but is not limited to health policy and/or guidelines, pharmaceutical efficacy or supply, investigations such as pathology or imaging.

  1. Eligibility

To be eligible to use TACGA, you must:

5.1    unless we agree otherwise, be at least 16 years old or have a parent or legal guardian present while accessing TACGA

5.2    only access and use TACGA in relation to yourself

  1. Your information

6.1    To access and use TACGA, we may ask you to provide some information about yourself. You must ensure that this information is true, accurate, complete and up to date. It is your responsibility to update us if there are any changes in your information.

6.3    You should notify us immediately if you become aware of any unauthorised access to or use of your information.

  1. Access on behalf of another person

TACGA is not to be accessed on behalf of another person. No person, other than You, will be communicated with by the Doctor, unless You have given express permission for that to occur.

  1. Bookings

8.1   No referral is required to access  a Telehealth Consultation with TACGA. A referral will be required to access a Specialist, though we can provide this for you.

8.3    We will confirm your booking by email, SMS or phone.

8.4    If your Telehealth Consultation is via a phone call, the Nutritionist will call at the confirmed time. If you miss the call, you should call back immediately.

8.5    If the Telehealth Consultation is via video call, we will provide You with instructions to join the video call. If You miss the video call, You should notify us immediately.

8.6    We will do our best to ensure that your Telehealth Consultation is provided at the confirmed booking time. In the event that we are unable to provide the Telehealth Consultation at the confirmed booking time, we will endeavor to arrange another mutually convenient time for the Telehealth Consultation.

  1. Fees

9.1    We will charge a fee for the Telehealth Consultation which differs based on the time taken for the Telehealth Consultation.  Please confirm fees with the Telehealth Coordinator prior to your consultation.

9.2    We are unable to confirm your Telehealth Consultation booking until the fee has been paid.

9.3    Fees can be paid by credit or debit card and direct deposit.

9.4    Subject to certain conditions (including Government policy), the following rebates may be available,

NDIS (Australia only)

If you have a referring healthcare provider, and they are  present with you during your Telehealth Consultation with a Specialist, they may also be able to claim a rebate for NDIS (Australia only).

Further information can be provided by the TeleHealth Co-ordinator at the time of booking your appointment.

  1. Cancellations

10.1    If we re-schedule your Telehealth Consultation and it is not a suitable timeframe and you are not in breach of these terms, we will refund the fee.

10.2    You can cancel your Telehealth Consultation by:

(a) emailing admin@tacga.com.au or

(b) online through the Client Portal or phone app (Practice Better) (TACGA).

10.3    Where you cancel your Telehealth Consultation, you may be entitled to receive a refund, depending on the circumstances of the cancellation – eligibility will be determined by us on a case-by-case basis.

10.4    If you miss your Telehealth Consultation (other than due to a technological fault on our part), you will not be entitled to a fee refund.

10.5    We may charge a nominal administration fee if you cancel or reschedule an appointment.

  1. Nature of Telehealth Consultations

11.1    Telehealth Consultations are provided via: (a) phone call; or (b) video call.

11.2    Your Nutritionist may advise you that:

(a) it is not appropriate to treat you by phone or video call;

(b) you require a follow up Telehealth Consultation;

(c) you should attend a face-to-face visit with another healthcare provider;

(d) you should attend your closest hospital emergency centre as soon as possible; or

(e) any other matter that the Nutritionist considers appropriate in the circumstances, acting reasonably.

11.3 Electronic Prescribing (E-Prescribing) is now available in some circumstances, depending on where you live and the type of prescription required.  Where available, you can choose, during a Telehealth Consultation, to receive an electronic prescription as an alternative to a paper prescription. E-Prescribing is available via a token ( QR code) – for each item that is prescribed to you, the Healthcare Professional will provide you a token via SMS, email or printed paper. This token is a unique code that links to your  electronic prescription and can be used by a pharmacy of your choice to access your electronic prescription; and

Important things to note

  1. No medical advice

12.1    Any information or advice provided by a Nutritionist during a Telehealth Consultation is provided under a separate agreement exclusively between you and the Nutritionist. We are not responsible for, and exclude all liability for, such information or advice.

12.2    Any information provided by us in  the platform, website and booking services in connection with the TACGA,  should not be considered medical advice, diagnosis or treatment and is not intended to replace a consultation with a qualified medical Doctor in Australia.

12.3 No record is made of your video or telephone consultation, though your Nutritionist will record, securely, the nature of the consultation and any management plan on a secure server, located in Australia.

13.0 Recording policy

It is forbidden to record any part of the consultation with your Nutritionist, unless express permission has been granted by all parties. Unauthorised recordings will be grounds for immediate cancellation of registration.

  1. Intellectual Property

15.1    Subject to clause 15.3, we retain ownership of all intellectual property subsisting in TACGA, including messages and content we make available to you via email or SMS . Our intellectual property also includes  logos, Site design, text, graphics, icons and images, photographs, graphics, typefaces, audio and video clips, software, code and other material (collectively ‘Content’),

15.2    You must not copy, modify, distribute, sell or lease any part of the TACGA, nor may you reverse engineer or attempt to extract any source code, unless you are permitted by law or you have our written permission to do so.

15.3    TACGA may allow you to upload, submit, store, send or receive content. Subject to these Terms of Use, you retain ownership of all intellectual property rights in that content.

15.4    You give us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions you make to TACGA which are in the public domain, in connection with our operation of TACGA. You must ensure that you have all necessary rights to give us this licence for any content. We will handle all personal information in accordance with our Privacy Statement.

  1. Third Parties

16.1    Through TACGA, we may provide you with links to products and services which may be provided to you directly by third parties (Third Party Products and Services).

16.2    Any links to third party websites are for convenience only. We have no control over and accept no liability for the content of those websites or any loss you suffer as a result of accessing them.

16.3    You should contact the relevant third party if you have any queries or concerns regarding the Third Party Products and Services.

16.4    My Health Record is an Australian Government initiative, administered, controlled and governed by the Australian Government and the Australian Digital Health Agency (ADHA). My Health Record is governed by Commonwealth laws and policies.  There are separate Australian Government terms which govern your use of the My Health Record system which are available via https://www.my.gov.au.  If you wish to stop being a My Health Record Registered Healthcare Recipient, you need to do so through www.myhealthrecord.gov.au.

16.5    Unless you request otherwise, your Healthcare Professional may upload health summaries onto your My Health Record.  You may withdraw the consent by advising your Healthcare Professional.

  1. Disclaimers and Acceptable Use

17.1    You are responsible for your medical affairs and recordkeeping.

17.2    You acknowledge and agree that TACGA and any information, communications or content you receive from us as the platform and booking services provider, are not designed for, and must not be relied upon in relation to any critical, emergency or acute care circumstances, and are not a substitute or replacement for independent professional medical advice, diagnosis, treatment or judgment. We do not guarantee that the information on the site is kept up to date.

17.3    In accessing or using TACGA, including by submitting any information or contributions, you must ensure that you do not:

(a) breach any laws, or encourage or assist the commission of any illegal act;

(b) infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;

(c) include any material that contains any virus or harmful code, or program that is designed to  impair the performance of TACGA, or any device accessing TACGA;

(d) impersonate any other person;

(e) negatively impact any other user’s ability to access and use TACGA

(f) publish or link to malicious content; or

(g) engage in conduct which is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which will or is reasonably likely to damage our reputation or our services (including TACGA).

  1. International use

The Site (including the Content) is designed and intended for Users in Australia. We make no representation that the Site is applicable to, appropriate for, or available to Users in locations outside Australia. If You choose to access the Site from a location outside Australia, You do so at Your own risk and You are responsible for compliance with local laws.

Overseas customers may engage with the service, provided they have a valid Australian mobile number.

  1. If you have any concerns

19.1    If you have any concerns or complaints about TACGA or the advice you receive from the Healthcare Professional please contact us on admin@tacga.com.au

  1. Liability and Indemnity

20.1    You must only use or access TACGA for purposes permitted or contemplated by these Terms of Use (or otherwise authorised by us).

20.2    To the extent permitted by law:

(a) neither we nor our suppliers or any other third party referred to in TACGA are liable for any loss, cost, damage or injury arising out of:

(i) the provision of TACGA or any content available via TACGA; or

(ii) any use or misuse by you (or other people) of TACGA or any content  available via TACGA; and

(b) all express or implied guarantees, warranties, representations or other terms not contained in these Terms of Use are excluded.

20.3    To the extent permitted by law, we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the access to and use of TACGA.

20.4    Where any guarantee, warranty, term or condition is implied or imposed into these Terms of Use by law, and liability for breach cannot be excluded but can be limited, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following (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.

20.5. You agree to indemnify Us, Our employees, contractors, officers, agents, related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) and suppliers, from all liabilities, claims, fines, penalties, demands, proceedings and expenses (including legal fees on a full indemnity basis) that arise from Your use or misuse of the Site and Products. We may assume control of the defence of any third party claim that is subject to indemnification by You, and You will cooperate with Us in defending that claim

  1. General

21.1    Applicable law: These Terms of Use are governed by the laws of the Australian State or Territory in which you principally reside, and we and you each submit to the exclusive jurisdiction of those courts.

21.2    Severability: If any of these Terms of Use are invalid, unenforceable or illegal, the remaining Terms of Use will continue to apply.

21.3    Assignment: You must not assign or novate these Terms of Use or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms of Use, and to the extent necessary, you hereby consent to such novation, assignment or transfer.

  1. Contact us

To contact us regarding these Terms of Use please email admin@tacga.com.au, or ring +617 3878 4704

Covid 19 BioSafety Policy

Keeping you as safe as possible when you visit TACGA

We take the health, safety and security of our patients, staff and facilities very seriously, and have increased our infection security measures in view of the Covid19 Coronavirus crisis to keep people who attend the clinic as safe as possible including:

TACGA is accredited for infection control to National Standards for Safety and Quality in Health care.

Rigorous policy enforcement on the issue rather than individuals. Coronavirus does not discriminate and nor do we!

TACGA is not a typical general practice; we don’t look after very old people, very young people,  or people with chronic health problems who are not regular attenders

We will send pre-emptive text messaging for advice to all clients about when not to attend

We screen all clients for a history of travel to the latest  hotspots and if they have symptoms

We’re keeping waiting room numbers to a minimum and only patients of the clinic are allowed into the clinic. (For children and anyone with a disability a support person is allowed inside)

We provide hand gel onsite and encourage its use

All our staff are healthy, informed and in positive spirits. We do not allow staff who are unwell to come to work.

We are providing telehealth video consultations to patients who may have been exposed, have concerning symptoms or who prefer not to attend the clinic in person.