Medic Relief Pty Ltd – ABN 72 609 108 376 – TERMS OF USE AND CONDITIONS

Use of the Site and Application (App)

Medic Relief Pty Ltd (“MedicRelief”, “we”, “us”, or “our”) operates the website located at www.medicrelief.com and other related websites and mobile applications with links to these Terms of Use and Conditions (collectively, the “Site” and “App”). We offer online video calling and telehealth services (the “Services”) enabling our users or members (“Users” or “Members”) to speak to another person or report their health history and engage Medical Professionals, Healthcare Workers and other Service Providers (“Service Providers”) to obtain medical and healthcare services (“Services”). By accessing and using the Site and MedicRelief App, you agree to be bound by these Terms of Use and Conditions as well as all other terms and policies that appear on the Site and App. If you do not wish to be bound by any of these Terms of Use and Conditions, you may not use the Site, App or any of our Services.

Allied Healthcare Services

The Support and Allied Healthcare Providers who deliver Services through MedicRelief are independent service providers practicing within a group or independent practices collectively known as “MedicRelief Allied Providers”. Allied Healthcare Providers may not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Allied Healthcare Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither MedicRelief nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from an Allied Healthcare Provider via the Services.

Site and App Content

None of the Site or App content (other than information you receive from Accredited Healthcare Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Privacy

MedicRelief is required to comply with federal and international healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Provider during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and MedicRelief. MedicRelief cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including de-identified clinical notes and medical records, are stored on secure, encrypted servers maintained by MedicRelief.

User Accounts

When you register on the Site or App, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by MedicRelief (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password or Personal Identification Number (PIN) with anyone, or create more than one Account (with the exception of sub-accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and PIN as well as for all activities that occur under your Account. MedicRelief reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site, App and your Account Information. In no event and under no circumstances shall MedicRelief be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, App or your use of the Account Information as well as your release of the Account Information to a third party. You may not use anyone else’s account at any time.

Use of the Services by Children

Some services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Access Rights

Fees and Purchase Terms

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing MedicRelief with your credit card number either through Stripe or PayPal and other associated payment information, you agree that MedicRelief is authorised to immediately invoice your account for all fees and charges due and payable to MedicRelief hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with MedicRelief to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with MedicRelief, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.

If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. MedicRelief offers no guarantee that you shall receive any such reimbursement. MedicRelief reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you may be responsible for a missed appointment fee equal to all or a portion of the fees you and your insurer or other payor would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance, unless we notify you in writing that a shorter cancellation window applies.

Website Links

MEDICRELIEF WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

Ownership

The Site, App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MedicRelief, its licensors or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site or App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site or App except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site, App or any services or materials available through the Site.

Trademarks

Certain of the names, logos, and other materials displayed on the Site, App or in the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of MedicRelief or other entities. You are not authorised to use any such Marks without the express written permission of MedicRelief. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Termination

You may deactivate your Account and end your registration at any time, for any reason by sending an email to admin@medicrelief.com. MedicRelief may suspend or terminate your use of the Site, App, your Account and/or registration for any reason at any time. Subject to applicable law, MedicRelief reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site or App pursuant to its internal record retention and/or content destruction policies. After such termination, MedicRelief will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Right to Modify

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site, App and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE, APP OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE, APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDICRELIEF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

LIMITATION OF LIABILITY AND DISCLAIMER

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MEDICRELIEF OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, APP OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

The information, including statements, opinions, documents and materials contained in the Site or App (Information) is for general information purposes only. The Information does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Information, and any use of the documents on the Site or our Services is at your own risk. If you are not satisfied with any part of the Site, App, our Services or these Terms and Conditions, you should contact us, and cease using the Services.

Documents: You acknowledge that the Information and Documents may contain mistakes, inaccuracies and/or errors. MedicRelief expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any Document accessed or created through the Site or App to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances. We recommend that you obtain medical or legal advice from a qualified healthcare provider if you are unsure whether a Document is appropriate to your circumstances.

Services: It is your responsibility to ensure that any Services or Information available through the Site or App meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site, App and Services must not be relied upon for medical or legal decisions; you should instruct a solicitor for legal advice and services.

Purpose: Neither MedicRelief or MedicRelief Pty Ltd provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Information or documents found or offered on the Site or App for any particular purpose. We give no warranty, indemnity or guarantee that the documents, Site or App are free of viruses.

Currency and jurisdiction: The laws and medical practice in each state, country, and international jurisdiction vary between different jurisdictions, and are updated and amended from time to time. Although we seek to ensure that our services or medical advice are in line with the relevant service provisions, healthcare delivery or medical practice and up to date, we make no such warranty or representation. We recommend that you obtain medical advice from a qualified doctor or healthcare professional in your jurisdiction in relation to all medical matters.

Geographical Restrictions: MedicRelief makes no representation that all products, services and/or material described on the Site, App or the Services available through the Site or App are appropriate or available for use in locations outside Australia or all territories within Australia.

Medical advice and healthcare services: While MedicRelief takes care to choose doctors, healthcare workers and service providers, we make no representation or warranty as to the quality or appropriateness of any legal advice or services that Medic Relief Pty Ltd or any member of the MedicRelief Network offers or provides to you. MedicRelief is not responsible for, or liable for, the relationship between you and Medic Relief Pty Ltd, any member of the MedicRelief Network, or any third party. We disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services. No legal relationship exists between any user of this Site, App, MedicRelief and/or MedicRelief.com or any of their related bodies corporate, including parent companies, subsidiaries or affiliates or their employees, directors or other officeholders.

Australian Consumer Law: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms of Use and Conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Consumer Guarantees: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.

General: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Information, Services and these Terms of Use and Conditions, except as set out in these Terms of Use and Conditions. To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Information, Site, App or our Services, including damages for loss of use and/or loss of data, arising out of the performance of the Site, App and/or Services.

This clause will survive termination of these Terms of Use and Conditions. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification

You are liable for and agree to indemnify, defend and hold Medic Relief Pty Ltd its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any and all claims, actions, demands, liabilities, suits, expenses, and settlements, including without limitation costs of litigation and reasonable legal costs, and accounting fees (“Claims”), resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms of Use and Conditions; (iii) and any misuse of the Services; from or by you, your employees, contractors or agents, or alleged to result from, your violation of these Terms of Use and Conditions.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

The obligations under this clause will survive termination of these Terms of Use and Conditions.

Disclosures

All Healthcare Workers and Medical Service Providers on the Site and App hold accredited or professional licenses issued by the professional licensing boards in the states and countries where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Provider by contacting the professional licensing board in the state or country where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.

Any clinical records created as a result of your use of the Services will be securely maintained by MedicRelief on behalf of our Healthcare Workers and other Service Providers for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.

Miscellaneous

These Terms of Use and Conditions as well as your use of the Site or App shall be governed by the laws of the State of Victoria, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use and Conditions will be resolved exclusively by final and binding arbitration in Australia under the rules of the Australian Centre for International Commercial Arbitration (ACICA), except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Melbourne, Victoria, for any action related to these Terms of Use.

You understand that by checking the “agree” box for these Terms of Use and Conditions or any other forms presented to you on the Site or App you are agreeing to these Terms of Use and Conditions as well as that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to:

(1) by e-mail, using the address that you provided to us during registration,

(2) short messaging service (“SMS”) text message to the mobile number you provided us during registration,

(3) push notifications on your mobile device, or

(4) by posting the Communications on the Site.

The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” or by sending an email to admin@medicrelief.com.

No waiver by MedicRelief of any term or condition set forth in these Terms of Use and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MedicRelief to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use and Conditions will continue in full force and effect.

MedicRelief devotes considerable effort to optimising signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

Intellectual Property and Moral Rights

You agree to provide information including Intellectual Property to us to enable us to provide the Services.

You:

(a)    warrant that you have all necessary rights to provide the Intellectual Property to us;

(b)   grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way we require to provide the Services to you; and

(c)    consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.

If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:

(a)    irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;

(b)   irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;

(c)    agree that your consent extends to acts and omissions of any of our licensees and successors in title; and

(d)   agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.

For any questions or notice, please contact us at:

MedicRelief Pty Ltd – ABN: 72 609 108 376

Please report any violations of these Terms of Use and Conditions to admin@medicrelief.com.

Last update: 02 April 2020