Terms and Conditions

Terms and Conditions

Overview

This Platform is operated by Medical Certificates Australia Pty Ltd ABN 43-668-260-964 (we, our or us). This Platform is made available for use via our online website medcertificates.com.au. This website may be accessed via the internet, mobile web browsers, and may be shared through other online addresses and channels including social media platforms. These terms and conditions (Terms) apply to the use of our Platform regardless of how you came to access it.

Acceptance

Please read these terms and conditions carefully as they form a contract between each person, entity or organisation using our platform (you, user) and us.

By accessing and/or using this platform you agree with and accept that you have reviewed and accept these terms and conditions, including our Privacy Policy, and any other policies and guidelines published by us on the platform. We reserve the right to vary these terms, at any time and at our discretion, by publishing the varied terms on our Platform. If you do not accept any terms of this Agreement, you must cease using this Platform immediately.

Platform Summary

The Platform connects users with medical practitioners where the user requests a medical certificate. This Platform facilitates the exchange of information between the user and the medical practitioner.

Registration

To register to use our Platform you must:

(a)             accept our Terms and Conditions and the Privacy Policy.

(b)             register on the Platform by creating an account. Each user may only have 1 account. Accounts are not transferrable.

(c)             have the legal capacity to enter into a legally binding agreement.

(d)             be aged 18 years or above.

(e)             currently live in Australia and have an Australian residential address.

(f)               be acting for yourself and not on behalf or at the request of another person or entity.

(g)             acknowledge that we reserve the right to deny anyone access to the Platform and its services at any time and for any reason without notice.

(h)             provide truthful, accurate, complete, and up-to-date information as part of your registration within the Platform.

Use

By accessing and using our Platform as a user, you represent and warrant that you:

(a)             will provide truthful, factual, complete, accurate and up-to-date information that will enable the medical practitioner to make an informed decision.

(b)             acknowledge and agree that by not providing truthful, factual, complete, accurate and up-to-date information that the medical practitioner may not be able to fill your request.

(c)             acknowledge and agree that the medical practitioner must act within professional best practice guidelines and in compliance with legislative requirements.

(d)             agree to keep your personal information stored within the Platform up-to-date.

(e)             are responsible for keeping your personal username and password confidential and are liable for all activity that occurs on your account.

(f)               acknowledge that the medical practitioner, at their full and absolute discretion, reserves the right to decline to provide a medical certificate.

(g)             Acknowledge that there is no guarantee by the medical practitioner or by this Platform that a medical certificate will be provided.

(h)             acknowledge that the medical practitioner, at their full and absolute discretion, reserves the right to amend the number of days leave provided for in a medical certificate as may be required to reflect best medical practice and professional standards.

(i)                acknowledge and agree that we make no warrant, guarantee or representation that your medical certificate will be accepted by your employer or academic institution as evidence of personal illness or injury (or personal illness or injury of a dependant in the case of carers leave).

(j)                acknowledge that in some cases a physical examination, blood tests, diagnostic imaging, and/or other tests may be required. These can not be delivered via an online Platform and will require you to make an appointment with your local general practitioner.

(k)             will contact a general practitioner or present to an emergency department immediately if directed to by the medical practitioner.

(l)                will contact your local general practitioner or present to an emergency department if your symptoms worsen or do not improve.

(m)          acknowledge that this Platform is not covered by Medicare Australia, that you will be privately billed for any services provided, and that you will not be entitled to receive any Medicare rebate.

(n)             agree that we may send you correspondence in the form of emails or sms messages. You may opt-out of receiving these communications from us.

(o)            will use this Platform for lawful purposes only and in compliance with all applicable state, territory or commonwealth laws and regulations.

(p)             agree to use the Platform in accordance with these terms.

Prohibited Conduct

(a)             You will not modify, tamper with, copy, or reverse engineer the layout of this Platform or any software and code contained in this Platform.

(b)             You will not use this Platform, including the content contained within this Platform, in any way that competes with our business.

(c)             You will not engage in any act that may be harmful to our systems, reputation, goodwill or interferes with the integrity of the Platform.

(d)             You will not interfere with the privacy of another person by attempting to harvest or otherwise collect their personal data and details.

(e)             You will not engage in any practice that is or could be considered illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way.

(f)               You will not facilitate or assist any third party to do any of the above acts.

Payment Terms / Method

(a)             Fees are payable in advance via a third-party provider.

(b)             Fees are payable in Australian dollars and are inclusive of GST.

(c)             You acknowledge and accept that we do not control third-party payment provider sites and including any displayed content on third-party payment sites.

(d)             You acknowledge and accept that by making payment via a third-party payment provider you accept their applicable terms and conditions.

(e)             In the absence of fraud or mistake all payments made are final.

(f)               We reserve the right to change our fees at any time with reasonable notice posted on our website.

Refund Policy

(a)             If the medical practitioner you are connected with determines, at their sole discretion, and for any reason, to not provide you with a medical certificate then we will refund the fees paid by you in full within a reasonable timeframe (up to 14 days).

(b)             If your employer or academic institution does not accept the medical certificate you are provided with as evidence of personal illness or injury (or illness or injury of a dependant in the case of carers leave) you will not be entitled to a refund.

(c)             If you are provided with a medical certificate that is incorrect or contains errors due to your submission of incorrect information into the Platform, either at the time of your registration or in your request for a certificate, you will not be entitled to a refund.

Privacy Policy

We will collect, use and disclose any personal information you provide us when accessing or using the Platform in accordance with our Privacy Policy. For more information on how your information is collected and handled please review our Privacy Policy.

Delivery of Documents

(a)             If the health practitioner finds it appropriate to provide you with a medical certificate this will be made available for download via the Platform and emailed to your provided email address.

(b)             If the health practitioner finds it inappropriate to provide you with a medical certificate you will automatically receive a full refund of your purchase price via the Platform.

(c)             You acknowledge that documents are only provided for in electronic format and are signed digitally using cryptographic techniques.

(d)             You acknowledge that all documents, including medical certificates and receipts, are provided exclusively in Adobe PDF format. No other document formats will be provided.

(e)             You agree not to tamper with, edit, reverse engineer, or modify any documents provided to you.

Reviews

(a)             You agree to provide true, fair, and accurate information in your review.

(b)             Your customer experience must be recent (within 12 months).

(c)             We are not responsible for the content of any review.

(d)             You may only write about your own customer experience in a review. You are not permitted to write a review regarding another customers experience, or on that customers behalf.

Limitation of Liability

Despite anything to the contrary and to the maximum extent permissible by law:

(a)             we are not liable to you or to anyone else for any loss or damage you incur through (i) your access to and use of this Platform (ii) your inability to use or access this Platform (iii) any unauthorised creation, access or use of your personal information and data (iv) any loss or damages that you incur through the use of our third-party payment provider.

(b)             we will not be liable for any actual or anticipated loss of profit, benefit, goodwill, reputation, savings, revenue, opportunity, or data (including corruption).

(c)             whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(d)             Our maximum aggregate liability is limited to (i) resupply of services and/or products (ii) payment of the direct cost of having services and/or products resupplied.

(e)             This clause will survive the termination or expiry of these Terms and Conditions

Indemnity

(a)             You agree to indemnify us for all losses, damages, liabilities, claims, and expenses incurred by us arising out of or in connection with (i) your use of this Platform and content (ii) your breech of these Terms and Conditions (iii) your breech of any applicable laws.

Third Parties

This Platform may contain links to third party websites (including third party payment providers). We do not control these linked websites and are not responsible for the content displayed. Your access to any such website is solely at your own risk.

Intellectual Property Rights

(a)             In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, programming code, front-end code, page layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

(b)             We own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all the content unless otherwise indicated.

(c)             Your use of the Platform and access to content on the Platform does not grant or transfer to you any rights, title or interest in relation to our Platform or content.

(d)             You may access the Platform via a web-browser or mobile device solely for personal, non-commercial use.

(e)             To the extent that the Platform utilises open-source code, access to the open-source code is subject to the terms imposed by the licensor. Any open-source code is available as is without any warranty from us.

(f)               You must not, without our prior written consent, (i) copy or use in whole or in part any content (ii) reproduce, disseminate or broadcast any content contained on this Platform to a third-party.

Dispute Resolution

In the event of a dispute arising from or relating to these Terms and Conditions, then (i) within 10 days of the dispute arising, the party claiming there is a dispute must give written notice to the other party explaining the existence and nature of the dispute and proposing a resolution (ii) within 7-days after receiving the notice the parties must meet at least once to engage in good-faith negotiations to resolve the dispute or agree on a method of resolving the dispute. (iii) any dispute referred to mediation must be referred to the Resolution Institute or an alternate mediator may be appointed by mutual agreement (v) if the dispute is not resolved, or a method or resolving the dispute is not agreed upon, within 30 days the dispute may be referred to litigation.

Termination

We reserve the right to suspend your account or your access to this Platform in whole or in part and/or terminate this Agreement immediately by providing you with notice by email for your breech of these Terms and Conditions, or for any other reason at our sole discretion.

Severance

If a provision contained within these Terms and Conditions is found to be invalid, void, unenforceable, or illegal the provision must be read down as narrowly as possible to allow it to be valid, legal, and enforceable. If it is impossible to narrow down any provision, then that provision is severed from these Terms and Conditions without affecting the validity or enforceability of the reminder of that provision or of other provisions contained within these Terms and Conditions.

Jurisdiction

Your use of this Platform and these Terms and Conditions are governed by the laws of the state of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, any courts entitled to hear appeals from courts operating in Queensland, and you waive any right to object to proceedings being brough in those courts.

We make no warranty or representation that our Platform complies with laws of any country outside Australia. If you access this Platform from any country outside Australia you do so at your own risk and are responsible for complying with the laws in the jurisdiction where you access this Platform.

General

To the fullest extent permitted by law you agree and acknowledge that:

(a)             this Platform is provided as is. The entire risk arising from your use of this Platform lies solely and absolutely with you.

(b)             we make no warranty, guarantee, or representation that any result will be achieved through your use of this Platform.

(c)             we make no warranty, guarantee, or representation that our Platform is free of faults and viruses.

(d)             we make no warranty, guarantee, or representation (i) that our Platform (i) is accessible (ii) will not be interrupted (iii) will continue to operate.

(e)             we may at any time and without notice discontinue our Platform, in whole or in part.

Medical Certificates Australia Pty Ltd

ABN 43-668-260-964

Last Updated: 05^th of June 2023