Terms of Service

Medinet is a 24/7 GP telehealth consultation platform, that allows patients to:

  • obtain clinical advice from a GP;
  • access a range of medical documents, including prescriptions, medical certificates, specialist referrals and pathology referrals and more.

Our ambition is to reach every phone user to fundamentally change the landscape of the healthcare industry.

Medical emergencies: If you require immediate medical attention, contact your treating general practitioner or call 000.

DO NOT USE the Platform if:

  • You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:
    • severe chest pain
    • heart attack
    • stroke
    • loss of consciousness
    • severe bleeding
    • breathing difficulty

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using  or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use this Platform and instead contact 000 immediately or seek alternative and appropriate medical services.

Medinet and its employees, consultants, suppliers, subcontractors or agents (Personnel), are not doctors. Users agree that any information, insights or guidance contained on Medinet’s Platform, whether or not it is published by Medinet, is not an attempt by Medinet to practice medicine or provide medical advice. It is not to be used or relied on for any diagnostic or treatment purposes. Use of Medinet’s Platform does not establish a doctor-patient relationship with Medinet. Medinet facilitates a user’s use of the Platform only.

These terms and conditions (Terms) are entered into between Medinet Australia Pty Ltd (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy, website terms of use and guidelines and code of conduct posted on the Platform or shared directly with Patients and / or Practitioners.

We provide a platform where patients (Patients) and medical practitioners (Practitioners) can connect and transact (Platform). The Platform is available at medinet.com.au and via other channels or addresses including our mobile applications and our application programme interfaces.

In these Terms, you means (as applicable): (1) the person or entity registered with us as either a Patient or Practitioner; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

You accept these Terms by checking the box, clicking “I accept” as you register on the Platform or using the Platform or the services.

If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf. If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform; (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform; (3) ensure that the content on the Platform is suitable for the minor; (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.

We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms by emailing us at hello@medinet.com.au requesting to have your Account deleted.

If you access or download our mobile application from: (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Platform summary

The Platform is a marketplace where Patients and Practitioners can find each other, and Practitioners can provide medical services online. We provide the Platform to users (including hosting and maintaining the Platform), assist Patients and Practitioners to form relationships for the supply of medical services as well as processing payments between Patients and Practitioners (together the Medinet Services).

You understand and agree that we only make available the Platform and the Medinet Services. We are not party to any agreement entered into between a Patient and Practitioner and we have no control over the conduct of Practitioners, Patients or any other users of the Platform.

A Practitioner wanting to provide medical services creates an Account on the Platform and posts an accurate and complete description of the medical services they can provide (Profile).

A Patient wanting to acquire medical services creates an Account on the Platform to view and browse Profiles.

Any information provided to Medinet will be treated in accordance with Medinet’s Privacy Policy.

A Patient may request medical services described in a Profile by sending a request through the Platform to consult with that Practitioner. A Patient may also choose to receive medical services from the first available Practitioner (Medical Services Request). The Practitioner may accept the Patient’s request and commence a consulation with that Patient.

By accepting a Medical Services Request, the Practitioner confirms that it is legally entitled to and capable of supplying the medical services described in the Medical Services Request.

A Practitioner accepts and acknowledges that by: (1) receiving Patient details, including personal information, via the Platform; (2) providing Medinet with information about medical services to be provided in relation to a specific Patient or generally; or (3) otherwise communicating with Medinet regarding a specific Patient, that the Practitioner has been connected with that Patient via the Platform.

Once a Patient is connected with a Practitioner, they can conduct a consultation on the Medinet platform. A Patient may also contact the Practitioner using the contact details supplied on the Platform to arrange for the medical services to be provided if they cannot be provided on the Medinet Platform. A Practitioner or their staff may also contact the Patient using the contact details supplied on the Platform.

Patients and Specialist Doctors understand and agree that the Platform is an online introductory platform only, and that Medinet’s responsibilities are limited to facilitating the user functionality and availability of the Platform. Medinet is not an employment agency or labour hire business and Practitioners are not Medinet’s employees, contractors, partners or agents. Medinet and its Personnel are not doctors, nor does Medinet provide medical advice.

Medinet is not a party to any agreement entered into between a Practitioner and a Patient. Medinet has no control over the conduct of Practitioners, Patients and any other users of the Platform.

Medinet accepts no liability for any aspect of the Patient and Practitioners, including but not limited to the performance of the services offered by Practitioners, a Patient’s ability to describe the services required or the description of the services offered. Medinet does not assist or involve itself in any way in any dispute between a Patient and a Practitioner. Any disputes should be referred to the Australian Health Practitioner Regulation Agency, using their ‘make a complaint’ service.

Indemnification

Each Practitioner indemnifies Medinet on a continuing basis against and must hold it harmless from all actions, proceedings, claims (howsoever arising, under any theory of liability), investigations, losses, liabilities or costs (including reasonable legal and expert fees) suffered or incurred by Medinet or any of its related bodies corporate and any of its and their officers, employees and agents, arising out of or in any way connected with:

(a) a breach by the Practitioner of these Terms and Conditions or any Laws or third party rights;

(b) the information provided by the Practitioner to Medinet, being incorrect or misleading in any way (including by omission or being out of date), whether intentionally or otherwise;

(c) the negligence or misconduct of the Practitioner,

except if and to the extent that Medinet was negligent, or caused or contributed to the loss.

Accounts

You must register on the Platform and create an account (Account) to access the Platform’s features.

You may only have 1 Account as a Practitioner and 1 Account as a Patient on the Platform. However one Patient may create multiple Sub-Accounts, for example, their children.

You must provide basic information when registering for an Account including your business name, contact name, mobile number and email address and you must choose a password.

You may also register for an Account using your Facebook or other social media network account (Social Media Account). If you sign into your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You are responsible for keeping your Account details and password confidential and you will be liable for all activity on your Account. You agree to immediately notify us of any unauthorised use of your Account.

If you are a Practitioner, we will review your request for an Account before approving the request. We may request additional information, including that as set out in the Practitioners warranties section. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services, threshold of reviews.

Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

Patients and Practitioners can communicate privately using our private consultation platform. Patients and Practitioners must not use the contact details to organise the provision of the medical services off the Platform.

Payment

It is free to register an Account on the Platform, for Practitioners to create Profiles or for other users to review content on the Platform, including Profiles.

As a Patient, you agree to pay the relevant fees set out in the Profile (Medical Services Fees) after the Practitioner has authorised the charging of Medical Services Fees.

In consideration for providing the Platform, we will charge the Practitioner the service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, the Service Fee is non-refundable, includes the payment processing fee and will be included in the Medical Services Fees.

Upon receipt of the Medical Services Fees from the Patient, we will hold the Medical Services Fees on behalf of the Practitioner until such time as they are paid to the Practitioner, refunded to the Patient (if the Patient is entitled to a refund) or paid to us as our Service Fee. Upon a completed consultation, we will pay the Medical Services Fees on behalf of the Patient to the Practitioner after deduction of our Service Fee.

If you are a Practitioner, you appoint us as your limited payment collection agent solely for the purpose of accepting the Medical Services Fees from the relevant Patient. You agree that we will not be required to pay you any amount until we have received the Medical Services Fees from the relevant Patient, that we will deduct our Service Fee from any Medical Services Fees we receive and that we may grant refunds to Patients in accordance with these Terms.

We provide a number of payment methods on the Platform, including our third party payment processor, currently Commonwealth Bank of Australia. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions. Practitioners may also make Medicare claims for services provided via the Medinet platform.

In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

If any payment has not been made in accordance with this clause, we may (at our absolute discretion): (1) immediately cease providing the Platform, and recover, as a debt due and immediately payable from you, our additional costs of doing so; and/or (2) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause.

Refunds and Cancellation Policy

The cancellation or refund of any services ordered on this Platform is strictly a matter between the relevant Patient and Practitioner. The terms and conditions agreed to between the Practitioner and the Patient must be set out clearly in the relevant Post.

For disputes between Patients and Practitioners, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

Identify verification

If we choose to conduct identity verification or background checks on any Patient or Practitioner, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Patient or Practitioner or guarantee that a Patient or Practitioner will not engage in misconduct in the future. Any verification of Practitioners on the Platform is not an endorsement or recommendation that the Practitioner is trustworthy or suitable. You should do your own due diligence before using a Practitioner’s services.

As a Practitioner, we may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).

Where you have elected to verify your identity under this clause, you acknowledge and agree that: (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check; and (3) you will be charged a non-refundable fee for the Identity Check (as set out on the Platform), and we will be under no obligation to perform the Identity Check until the relevant fee has been paid to us, in accordance with the requirements specified on the Platform and these Terms. 

Following a successful Identity Check, you acknowledge and agree that: (1) we may permit you to use verification signs, icons or badges in connection with your Account to indicate that a successful Identity Check has been performed (Verification Icon); and (2) a Verification Icon may only be used by the individual or business for whom the relevant Identity Check has been successfully performed and the relevant Verification Icon has been issued, and then, only where that individual is directly providing the relevant goods or services.

You acknowledge and agree that: (1) the Identity Check and the issuance of a Verification Icon may not be fully accurate, as they are dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks or the Verification Icons, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.

Reviews

Patients may review their experience with the Practitioner on the Platform, including the medical services (Review). However this reviews will not be made public – they will be for internal quality assurance use only.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about a Practitioner if you have had an experience with that Practitioner, which means that: (1) you have engaged the Practitioner through the Platform; or (2) you can otherwise document your interaction with the Practitioner in relation to the Platform, including via correspondence (collectively referred to as a Patient Experience).

You may not write a review about a Practitioner you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Practitioner, or work for the Practitioner. Similarly, you may not write a Review about a direct competitor to the Practitioner you own, are employed by or work for.

Your Patient Experience must have occurred in the 12 months prior to you writing a Review.

You may only write about your own Patient Experience. You are not permitted to write a Review about somebody else’s Patient Experience, such as that of a family member or friend.

You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Practitioner to write a Review, you should include information about this in your Review. Incentives include the Practitioner offering you a gift, reward, discount or advantage for writing a Review about the Practitioner on the Platform.

Content

We may allow you to: (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Medinet Content and together with User Content, Content).

Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms: (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your devices and access and view any Content, in accordance with these Terms.  All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, copy, adapt, modify, distribute, license, communicate, transmit or access the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving  of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant and agree that:

  1. you will not use our Platform, including the Content, in any way that competes with our business;
  2. there are no legal restrictions preventing you from entering into these Terms; 
  3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete; 
  4. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes) unless expressly stipulated in these Terms;
  5. you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
  6. where you are a Practitioner, you are responsible for complying with all laws, rules and regulations which apply to providing the medical services in your Posts;
  7. where you are a Practitioner, you are appropriately qualified, and have any required skills, knowledge or training, to provide the medical services; and
  8. where you are a Practitioner, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your medical services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the medical services you offer. We do not set your work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your medical services. You are responsible for any taxes payable on any fee you receive for your medical services.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. 

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Patient, the goods and services provided by a Practitioner may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: 

  1. your or your personnel’s acts or omissions; 
  2. the use or results of any Third Party ID Service or Identity Check;
  3. any use or application of the Medinet Services by a person or entity other than you, or other than as reasonably contemplated by these Terms; 
  4. any aspect of the Patient and Practitioner interaction including the medical services offered by the Practitioner, the description of the medical services requested or offered, any advice or consultation provided, the performance of medical services or supply and delivery of goods by the Practitioner;
  5. any works, services, goods, materials or items which do not form part of the Medinet Services (as expressed in these Terms), or which have not been provided by us; 
  6. any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
  7. the Medinet Services being unavailable, or any delay in us providing the Medinet Services to you, for whatever reason; and/or
  8. any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law: 

  1. we will not be liable for Consequential Loss;
  2. our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
  3. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Medinet Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the Medinet Services to which the Liability relates, or where there are no Service Fees paid, $100. 

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, by emailing hello@medinet.com.au and asking us to delete your account.

We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

  1. you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
  2. there is any reason outside our control which has the effect of compromising our ability to provide the Medinet Services; or
  3. you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

  1. are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
  2. are unable to pay our debts as they fall due. 

Upon expiry or termination of these Terms:

  1. we will remove your access to the Platform;
  2. we will immediately cease providing the Medinet Services;
  3. you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;
  4. where you are a Patient, you will lose any Medical Services Fees and other amounts paid other than where termination is due to our Termination for Convenience. Where you are a Practitioner, we will refund the relevant Patients. Where you are a Patient, you will lose any Medical Services Fees and other amounts paid other than where termination is due to a Termination for Convenience; and
  5. where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 

This clause will survive the termination or expiry of these Terms.

Practitioner insurance

As a Practitioner, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the medical services you choose to provide to Patients. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

Gifts, discounts and promotions

We may offer from time to time gifts, discounts or promotions to you (Promotional Offers), by notice through the Platform, by email, or text message.

Promotional Offers are non-transferrable, cannot be exchanged for cash, and cannot be used beyond the expiry date specified in the offer.  You may only redeem each Promotional Offer once, after which that Offer expires.  If no expiry date is specified in the Promotional Offer, then the Promotional Offer expires six months from the date of the Promotional Offer.  We have no obligation to accept or redeem any Promotional Offer which has expired, or which has been transferred in breach of these Terms.

We have no obligation to replace any lost Promotional Offers or Promotional Offers redeemed in error.  We have no obligation to redeem any Promotional Offer which we believe, in our discretion, to be fraudulent.

Promotional Offers may be subject to additional terms and conditions specified in the Promotional Offer, and in the event of any inconsistency, the terms specified in the Promotional Offer prevail. 

Medicare claims

If a Practitioner provides medical services to you through the Platform and determines that you are entitled to claim a Medicare benefit in respect of those medical services, then (provided that the Patient has provided their relevant Medicare card details) you agree to irrevocably assign those Medicare benefits to the Practitioner and consent to the Practitioner claiming those Medicare benefits directly from Medicare on your behalf.

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Patient and us, or a Practitioner and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Email and text message: You agree that we are able to send electronic mail and text messages to you and receive electronic mail and text messages from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of New South Wales.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of transmission by email.

Online execution: These Terms may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Medinet Australia Pty Ltd

Email: hello@medinet.com.au

Last update: April 2020