Terms of Service

1. Introduction

Welcome to Lionheart Clinic. These Terms of Service ("Terms") govern your access to and use of the Lionheart Clinic platform, website, and services (collectively, the "Platform"). The Platform is operated by Lionheart Clinic Pty Ltd (ABN 43 675 012 601) ("Lionheart," "we," "us," or "our").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform.

Contact Information:
Lionheart Clinic Pty Ltd
112 May Street, St Peters, NSW 2044, Australia
Email: privacy@lionheartclinic.com.au

2. Services Provided

Lionheart Clinic provides a mental health platform connecting patients with qualified mental health practitioners. Our services include:

2.1 Mental Health Assessment Tools

We offer validated screening tools for mental health conditions, including:

• PHQ-9 (Patient Health Questionnaire-9) for depression screening (Adult and Adolescent versions)
• GAD-7 (Generalized Anxiety Disorder-7) for anxiety screening
• Vanderbilt ADHD Diagnostic Rating Scales (Parent and Teacher versions)
• Adult ADHD Self-Report Scale (ASRS-v1.1)
• PTSD Checklist for DSM-5 (PCL-5)

Important: These assessment tools are screening instruments only and do not constitute medical diagnosis or treatment. Results should be reviewed with a qualified healthcare provider.

2.2 Assessment Hub

Registered users can:

• View and download assessment results as PDF documents
• Upload supporting documentation
• Share assessment results with their General Practitioner (GP)
• Invite teachers to complete assessment scales (where applicable)

2.3 Booking and Appointment Services

We facilitate connections between patients and independent mental health practitioners through:

• Booking request submission and clinical review
• Clinician assignment based on specialty and availability
• Appointment scheduling coordination
• Secure messaging (admin-mediated)
• Payment processing for appointment deposits

2.4 Clinician Portal

Independent contractor clinicians have access to:

• Patient assignment acceptance/rejection workflow
• Availability management and Google Calendar synchronization
• Professional profile management
• Patient communication (admin-mediated)

2.5 Hybrid System Model

Lionheart operates in conjunction with Xestro (third-party clinical documentation system):

• Lionheart handles: Patient intake, assessment, booking, scheduling, messaging, and care coordination
• Xestro handles: Clinical documentation, prescriptions, and treatment plans (manual integration only)

3. Telehealth Services and Consent

3.1 What is Telehealth?

Lionheart Clinic provides mental health services via telehealth — video consultations conducted over the internet using secure video conferencing technology. Telehealth allows you to receive professional mental health care from the comfort of your home or any private location with internet access.

3.2 Consent to Telehealth Services

By using Lionheart Clinic's services and submitting a booking request, you acknowledge and consent to the following:

Technical Requirements

To access telehealth services, you are responsible for providing:

• Reliable internet connection: Minimum broadband speed recommended (10 Mbps download, 5 Mbps upload)
• Compatible device: Computer, tablet, or smartphone with camera and microphone
• Private location: A quiet, private space free from interruptions
• Updated browser or app: Latest version of Chrome, Firefox, Safari, or Edge

If you experience technical difficulties, please contact our admin team at (02) 8552 7393 for assistance.

Limitations of Telehealth

You understand and acknowledge that:

• No physical examination: Telehealth does not allow for physical examination, laboratory tests, or in-person procedures. Your clinician relies on your verbal and visual presentation during the video consultation.
• Technology limitations: Video and audio quality may be affected by internet connectivity. Poor connection may limit the effectiveness of the consultation.
• Not suitable for emergencies: Telehealth is not appropriate for mental health emergencies. If you are experiencing a crisis, call 000, Lifeline 13 11 14, or visit your nearest emergency department.
• Technical interruptions: Sessions may be disrupted by technical failures (internet outage, platform issues, power loss). In such cases, your clinician will attempt to contact you via phone to reschedule.
• Delayed responses: Unlike in-person care, there may be slight delays in communication due to technology or internet lag.

Emergency Protocol

Privacy and Confidentiality

Telehealth consultations are conducted using secure, encrypted video conferencing platforms that comply with Australian privacy laws. However, you are responsible for:

• Ensuring you are in a private location where others cannot overhear your consultation
• Using a secure internet connection (avoid public Wi-Fi if possible; use private home or mobile network)
• Not recording the session without your clinician's explicit written consent (recording without consent may violate privacy laws)
• Closing the video call once the session ends to prevent unauthorized access

Location Requirements

You must be physically located in Australia at the time of your telehealth consultation. Clinicians registered with AHPRA are only authorized to provide care to patients within Australia. If you are temporarily overseas, please notify your clinician — alternative arrangements may be required, or the appointment may need to be rescheduled.

Informed Consent

Your clinician will obtain informed consent for treatment during your first consultation, which includes:

• Explanation of the proposed treatment or intervention
• Risks, benefits, and alternatives to treatment
• Your right to refuse or withdraw consent at any time
• Confirmation that you understand the limitations of telehealth

Parental/Guardian Consent (For Minors)

If you are under 18 years of age, your parent or legal guardian must:

• Provide consent for telehealth services on your behalf
• Be present during the first consultation (unless the clinician determines it is clinically appropriate for the minor to be seen alone)
• Ensure you have a safe and private environment for consultations
• Be available to be contacted in case of emergency during the consultation

3.3 Your Responsibilities as a Telehealth Patient

By consenting to telehealth services, you agree to:

• Provide accurate and complete information about your medical history, symptoms, and medications
• Be in a safe and private location during consultations
• Attend appointments on time and notify us at least 7 days in advance if you need to cancel
• Follow treatment recommendations provided by your clinician (or discuss concerns openly)
• Notify your clinician immediately if your condition worsens or if you experience an emergency
• Have a backup communication method available (e.g., phone number) in case of technical failure

3.4 Withdrawal of Consent

You may withdraw your consent to telehealth services at any time by notifying your clinician or our admin team. If you withdraw consent, we will work with you to arrange alternative care options, which may include:

• Referral to an in-person mental health service
• Referral to a different telehealth provider
• Discontinuation of treatment (if you decline alternative options)

3.5 Clinician's Right to Decline Telehealth

Your clinician may determine that telehealth is not clinically appropriate for your condition and may:

• Recommend in-person assessment or treatment instead
• Refer you to a specialist or emergency service
• Decline to continue telehealth treatment if they believe it is unsafe or ineffective

This decision will be made in your best interest and in accordance with professional clinical judgment and AHPRA standards.

4. User Accounts and Roles

4.1 Account Types

The Platform supports the following user roles:

• Patients: Individuals seeking mental health assessment and treatment
• Clinicians: Independent contractor mental health practitioners (psychologists, psychiatrists)
• Clinical Director: Oversees booking reviews, clinician assignments, and clinical governance
• Admin Staff: Coordinates appointments, messaging, and administrative tasks
• Super Admin: System management and oversight
• Registered Users: Can complete assessments and view results with a registered account (login required)

4.2 Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account credentials
• Promptly update your account information if it changes
• Accept responsibility for all activities under your account
• Not share your account credentials with others
• Notify us immediately of any unauthorized use of your account

4.3 Age Requirements

Patients under 18 years of age must have a parent or legal guardian create the account and provide consent on their behalf.

5. Payment Terms

5.1 Appointment Deposit

A $1,300 AUD deposit is required when submitting a booking request. This deposit is:

• Collected: Credit/debit card details are tokenized (not charged) at booking submission
• Charged: Once patient confirms the proposed appointment time
• Applied: The deposit is applied to your first appointment fee

5.2 Payment Processing

All payments are processed through Stripe (PCI DSS Level 1 compliant). We do not store your full credit card details. Your card must:

• Not expire within 30 days of booking submission
• Have sufficient funds available when charged

5.3 Refund Policy

Cancellations with 7+ days notice: Full refund available (requires Super Admin approval, processed within 5-10 business days)

Cancellations with less than 7 days notice: Non-refundable; deposit is forfeited

No-shows: Deposit is forfeited

Exceptions: Refunds may be granted at Super Admin discretion for medical emergencies, bereavement, or natural disasters (documentation required)

5.4 Application of Deposit

• If your first appointment fee is less than $1,300, the remainder will be automatically refunded
• If your first appointment fee exceeds $1,300, you will be invoiced for the balance through Xestro

5.5 Psychiatrist Billing Rates

Psychiatrists bill at $850 per clinical hour. For every clinical hour, psychiatrists complete 1-1.5 hours of administrative work including medical notes, letter writing, and coordination with other clinicians. A 1-hour appointment involves 2-2.5 hours of professional time dedicated to your care.

5.6 Clinician Fee Structure

Clinicians operating as independent contractors pay Lionheart a 25% practice-as-a-service fee, which covers:

• Patient intake and clinical vetting
• Administrative coordination
• Marketing and patient acquisition
• Technology platform and support
• Compliance and governance oversight

6. Booking Process and Requirements

6.1 Booking Submission

To submit a booking request, you must provide:

• Complete patient demographics and contact information
• Medical history (including current medications, allergies, diagnoses)
• Reason for booking
• GP referral letter (MANDATORY): PDF, JPEG, or PNG format, maximum 5MB
• Payment card details (tokenized via Stripe)
• Consent to terms and conditions

6.2 File Upload Security

All uploaded files are:

• Scanned with VirusTotal (70+ antivirus engines)
• Verified for correct MIME type
• Rejected if 3 or more virus detections are found
• Limited to 5MB maximum file size

6.3 Clinical Review Process

All booking submissions are reviewed by our Clinical Director, who will:

• Review your submission within 1-2 business days
• Approve, reject, or request additional information
• Assign you to one or more appropriate clinicians based on specialty and availability
• Set priority level (Urgent, High, Medium, Low)

6.4 Booking Rejection

If your booking is rejected, you will receive:

• Written notification with detailed reason for rejection
• Notification sent to your GP (if applicable)
• Full refund of any charged deposit

Important: Rejection records are retained permanently for AHPRA compliance and clinical governance.

6.5 Clinician Preference

You may express a preference for a specific clinician, but assignment is not guaranteed and depends on:

• Clinician specialty and qualifications
• Clinician availability
• Clinical Director assessment of suitability
• Clinician acceptance of the assignment

6.6 Timeline

Typical timeline from booking submission to first appointment is 3-7 days, subject to clinician availability and clinical review.

7. Assessment Tools and Crisis Screening

7.1 Assessment Tool Limitations

IMPORTANT DISCLAIMER:

• Assessment scales are screening tools only, not diagnostic instruments
• Results do not constitute medical advice or diagnosis
• The Platform is not a crisis intervention or emergency service
• Results should be reviewed with a qualified healthcare provider for clinical interpretation

7.2 Crisis Screening Protocol

If the PHQ-9 assessment detects potential suicidal ideation (Question 9 score ≥ 1), the system will:

• Immediately display crisis resources (000, Lifeline 13 11 14, Kids Helpline 1800 55 1800, Beyond Blue)
• Require acknowledgment before continuing
• Flag the assessment for weekly Clinical Director review
• Log the event in our audit system (7-year retention)
• Mark associated bookings as "Urgent" for priority review within 24 hours

Important: This is NOT immediate crisis intervention. If you are experiencing a mental health emergency, call 000 or Lifeline 13 11 14 immediately.

7.3 Assessment Data Retention

Assessments without booking: Deleted after 30 days (warning email sent 7 days prior)

Assessments linked to bookings: Retained for minimum 7 years (AHPRA compliance)

7.4 Assessment Authentication Requirement

Login is required to start any assessment. Your results are automatically linked to your account, saved for 30 days, and can be shared with your GP or linked to a booking request.

8. Data Privacy and Security

8.1 Data Collection

We collect and process the following information:

• Personal details (name, date of birth, contact information, address)
• Medical history (medications, allergies, diagnoses, reason for booking)
• General Practitioner details
• Assessment responses and scores
• GP referral letters and supporting documents
• Payment card tokens (via Stripe)
• Session data, IP addresses, and user agents

8.2 Data Security

We implement industry-standard security measures:

• Encryption at rest: AES-256 encryption for all database and file storage
• Encryption in transit: HTTPS/TLS 1.3 for all communications
• Access control: Row-Level Security (RLS) policies and role-based permissions
• Audit logging: All actions logged with 7+ year retention
• Payment security: PCI DSS Level 1 compliant (Stripe)

8.3 Data Location

All data is stored in Sydney, Australia. We do not transfer Protected Health Information (PHI) across international borders.

• Database: Supabase PostgreSQL (Sydney region)
• File Storage: Supabase Storage (Sydney region)

8.4 Third-Party Services

We use the following third-party services:

• Stripe: Payment processing (minimal data shared)
• Google Calendar: Appointment scheduling (patient initials only, no PHI)
• Gmail API: Transactional emails (minimal PHI)
• VirusTotal: File scanning for malware detection
• Xestro: Clinical documentation (manual data entry only)

8.5 Data Retention (AHPRA Compliance)

Medical records (minimum 7 years):

• Booking details and medical history
• GP referrals and supporting documents
• Assessment results linked to bookings
• Appointment records and clinical notes
• Payment transaction history
• Email communication logs

Minors: Retained until age 25 OR 7 years after turning 18 (whichever is later)

Permanent retention (never deleted):

• Booking rejection records (AHPRA compliance)
• Crisis screening logs (duty of care)
• Audit trails (compliance and legal protection)

Why we cannot delete your data: Australian medical records law and AHPRA regulations require healthcare providers to retain medical records for legal, regulatory, and continuity of care purposes.

8.6 Your Privacy Rights

Under the Australian Privacy Act 1988, you have the right to:

• Access: Request access to your personal information (30-day response time)
• Correction: Request correction of inaccurate information
• Limited deletion: Request deletion of non-medical data (medical records cannot be deleted due to legal requirements)
• Complaints: Lodge a complaint with our Privacy Officer or the Office of the Australian Information Commissioner (OAIC)

Contact our Privacy Officer: privacy@lionheartclinic.com.au

8.7 Privacy Policy

For more detailed information about our privacy practices, please see our Privacy Policy.

9. Clinician Terms (Independent Contractors)

9.1 Independent Contractor Relationship

Clinicians using the Platform are independent contractors, not employees of Lionheart Clinic. This means:

• Clinicians are responsible for their own tax obligations
• Clinicians maintain their own professional indemnity insurance
• Clinicians are responsible for maintaining AHPRA registration
• Clinical decisions and patient care remain the sole responsibility of the treating clinician
• Lionheart facilitates connections but does not provide medical treatment

9.2 Clinician Obligations

Clinicians agree to:

• Maintain current AHPRA registration in good standing
• Comply with all professional conduct standards and ethical guidelines
• Maintain appropriate professional indemnity insurance
• Respond to patient assignments within reasonable timeframes
• Keep availability information current and accurate
• Provide timely and professional patient care
• Maintain patient confidentiality

9.3 Assignment Acceptance/Rejection

Clinicians may accept or reject patient assignments without penalty, provided they:

• Respond within a reasonable timeframe
• Provide a reason for rejection (for internal quality improvement)
• Maintain professional communication standards

9.4 Data Access

Clinicians can only access data for patients assigned to them. Row-Level Security policies prevent access to:

• Other clinicians' patient data
• Unassigned booking requests
• System-wide patient information

9.5 Termination

Either party may terminate the independent contractor relationship with 30 days written notice. Lionheart may terminate immediately for:

• Breach of professional conduct standards
• Loss of AHPRA registration
• Violation of patient confidentiality
• Breach of these Terms

10. Acceptable Use and User Conduct

10.1 Acceptable Use

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

• Provide false, inaccurate, or misleading information
• Impersonate another person or entity
• Use the Platform for fraudulent purposes
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Introduce viruses, malware, or other harmful code
• Scrape, harvest, or collect user data without authorization
• Interfere with or disrupt the Platform's operation
• Share your account credentials with others
• Use the Platform to spam, harass, or abuse others
• Violate any applicable laws or regulations

10.2 Consequences of Violation

Violations may result in:

• Account suspension or termination
• Reporting to relevant authorities
• Legal action for damages
• Forfeiture of deposits or fees paid

11. Intellectual Property

11.1 Lionheart Content

Lionheart owns all intellectual property rights in:

• The Platform website, design, and functionality
• Assessment scale configuration and scoring algorithms (proprietary implementation)
• Educational content, articles, and guides
• Logos, trademarks, and branding
• Platform technology and software

11.2 User Content

You retain ownership of:

• Your personal and medical information
• Documents you upload (GP referrals, supporting documents)
• Content you create (for clinicians: professional profiles, bios)

By uploading content to the Platform, you grant Lionheart a non-exclusive license to use, store, and display that content for the purpose of providing services to you.

11.3 Third-Party Content

Assessment scales (PHQ-9, GAD-7, etc.) are publicly available validated instruments. Clinical notes created by clinicians are stored in Xestro and remain the property of the treating clinician.

11.4 Data Portability

All patient data managed by Lionheart (approximately 80% of practice data) is exportable if our relationship with Xestro ends, ensuring continuity of care.

12. Disclaimers and Limitation of Liability

12.1 Medical Disclaimers

IMPORTANT:

• The Platform is not a substitute for professional medical advice, diagnosis, or treatment
• Assessment tools are screening instruments only, not diagnostic tools
• The Platform is not an emergency service
• If you are experiencing a mental health emergency, call 000 or Lifeline 13 11 14 immediately
• Always consult with a qualified healthcare provider for medical advice

12.2 Service Availability

The Platform is provided on an "as is" and "as available" basis. We do not guarantee:

• Uninterrupted or error-free operation
• That defects will be corrected immediately
• That the Platform is free from viruses or harmful components
• Specific results from using the Platform

We reserve the right to:

• Perform scheduled maintenance with advance notice
• Perform emergency maintenance without notice
• Modify or discontinue features at any time

12.3 Limitation of Liability

To the maximum extent permitted by Australian law:

• Lionheart facilitates connections between patients and independent practitioners but does not provide medical treatment
• Clinical decisions and patient care are the sole responsibility of the treating clinician
• Clinicians are independent contractors, not employees of Lionheart
• Our total liability for any claim is limited to the deposit amount ($1,300 AUD)
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for delays or failures due to circumstances beyond our reasonable control

12.4 Force Majeure

We are not liable for delays, cancellations, or failures to perform due to:

• Natural disasters or pandemics
• Government actions or regulations
• Internet or telecommunications failures
• Strikes or labor disputes
• Other circumstances beyond our reasonable control

12.5 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law or other applicable laws that cannot be lawfully excluded.

13. Mandatory Reporting and Disclosure

13.1 Legal Obligations

We may disclose your information without your consent when required by law, including:

• Child protection concerns: Suspected child abuse or neglect
• Public safety threats: Imminent risk of serious harm to others
• Court orders and subpoenas: Legal proceedings
• Law enforcement requests: Valid warrants or emergency situations
• AHPRA investigations: Regulatory inquiries

13.2 Crisis Response

While our crisis screening system logs and flags concerning responses for clinical review, we do not provide immediate crisis intervention. If you disclose imminent risk of harm, we encourage you to contact emergency services immediately.

14. Termination and Account Deactivation

14.1 Patient Termination Rights

Patients may deactivate their account at any time by contacting privacy@lionheartclinic.com.au. Please note:

• Medical records will be retained per legal requirements (minimum 7 years)
• Account access will be disabled
• Non-medical data may be deleted upon request
• Outstanding payments must be settled before account deactivation

14.2 Clinician Termination

Clinicians may terminate their independent contractor relationship with 30 days written notice. Active patient care must be appropriately transitioned.

14.3 Lionheart Termination Rights

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Provide false or fraudulent information
• Engage in abusive or harassing behavior
• Fail to pay fees owed
• Violate applicable laws
• (For clinicians) Lose AHPRA registration or violate professional standards

14.4 Effect of Termination

Upon termination:

• Your access to the Platform will cease
• Outstanding payment obligations remain due
• Data retention policies continue to apply
• Provisions regarding liability, intellectual property, and dispute resolution survive termination

15. Dispute Resolution

15.1 Internal Complaints Process

If you have a complaint or concern, please contact our Privacy Officer:

Email: privacy@lionheartclinic.com.au
Address: 112 May Street, St Peters, NSW 2044, Australia

We will respond to your complaint within 30 days.

15.2 External Dispute Resolution

If you are not satisfied with our response, you may escalate to:

• Privacy matters: Office of the Australian Information Commissioner (OAIC) - www.oaic.gov.au
• Clinical matters: Australian Health Practitioner Regulation Agency (AHPRA) - www.ahpra.gov.au

15.3 Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

16. Modifications to Terms

16.1 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Email notification (30 days advance notice)
• Prominent notice on the Platform
• Updating the "Last Updated" date at the top of this page

16.2 Acceptance of Changes

Your continued use of the Platform after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you may terminate your account.

16.3 Prior Versions

You may request a copy of prior versions of these Terms by contacting privacy@lionheartclinic.com.au.

17. Miscellaneous Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lionheart regarding the Platform.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17.5 Third-Party Rights

These Terms do not create any third-party beneficiary rights except as expressly stated.

17.6 Electronic Communications

By using the Platform, you consent to receive electronic communications from us. These communications may include notices, agreements, and other information concerning the Platform and will satisfy any legal requirement that such communications be in writing.

18. Contact Information

For questions about these Terms of Service, please contact:

19. Acknowledgment

By using the Lionheart Clinic Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you are a patient under 18 years of age, your parent or legal guardian must review and accept these Terms on your behalf.