Terms & Conditions

1. Background

1.1 Medical Mecca Pty Ltd ABN 56655162048 provides the Medical Mecca platform for heath care providers to market themselves and refer to one another. The platform enables individual providers to create an individual profile which enables perspective patients to search, research and book an appointment. Registered health care providers can also refer to any other health care provider on the platform via an online referral form.

 

1.2 In these terms, as reference to you or your is a reference to the registered provider.

 

1.3 By accessing and using the platform, you agree to be bound by these terms and our Privacy Policy 

 

1.4 The terms may be amended at any time by publishing the amended version on our website or by otherwise providing written notice to you. Any such amended version will apply to your use on the platform from the date of its publication or our written notice to you.

 

2. Your access to the platform

2.1 Subject to these terms, we grant you a limited, non-exclusive and revocable license to access and use the platform during the subscription period, on the basis that you:

a – Will comply with these terms and conditions at all times; and
b – Will comply with any reasonable request by us in relation to your use and access of the platform.

 

2.2 While we take all reasonable steps to limit any interruptions to your access to the platform, you acknowledge and agree that:

A – we may modify, upgrade, update, enhance or alter the platform from time to time, however if we reasonably anticipate that such change is likely to detrimentally affect you or the patient users use, or reduce functionality of the platform, then we will be in good faith to consult with you before implementing the change; and
B – we cannot, and do not, promise continuous or error-free access to the platform or thirdparty service or materials facilitated by the platform. However, we will use our reasonable endeavors to minimize the occurrence and duration of any outages, downtime (for planned maintenance or otherwise) or other causes on inaccessibility to the platform.

 

3. Account management

3.1 You acknowledge that:

a- In order to access the platform, you must register and account; and
b- We may set registration requirements, in our sole discretion.

 

3.2 You agree and accept that:

A – you are responsible for correctly setting up your account, and for any information that you (or third party authorized by you) enter the platform; and
B – you are responsible for correctly setting up your account, and for the accuracy, quality and reliability of all content, data or communication that you submit to transmit to or through the platform (including all content that you upload to your clinic profile).

 

4. Acceptable use and your obligations

4.1 You must only use the platform for its intended purpose, as described in these terms.

4.2 In accessing the platform you must:

a – Comply with our directions and restrictions regarding access to and use of the platform, including, where applicable, any instructions to remove any information or data from
the platform;

b – Ensure that all information provided or uploaded to the platform is true and correct;

c – Ensure that you have obtained all relevant licenses, permissions, authorisations, consents and approvals, and complied with all relevant laws, in order to access and use the platform;

d- Immediately cease any use of the platform that, in our reasonable opinion, does not constitute acceptable use and has been detailed in a notice from us to you;

e- If you become aware of any actual or potential misuse of the platform by any other third parties, notify us in writing as soon as reasonably possible;
f – Use the platform for lawful purposes only;

g- Not infringe any persons rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;

h- Not include any material that contains any virus or harmful code, or program that is designed to impair the performance of the platform or any device accessing the platform; and

i- Not publish or link to any malicious content, or engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage our reputation or our products and services.

 

4.3 You are solely responsible for determining that the platform meets your needs and is suitable for the purposes for which it is, or is intended to be, used by you.

 

5. Third party services and information

5.1 You acknowledge that:

A – the platform is dependent on third party services, including but not limited to:

(i) banks, credit card providers and BPAY;

(ii) telecommunications services;

(iii) hosting services;

(iv) email services;

(v) analytics services; and

(vi) applications and website services to enable certain platform functionalities; and (vii) the platform provides links to third party websites which may contain (without limitation) clinical guidance or information.

 

5.2 You agree that we are not responsible or liable in any way for:

A – interruption to the availability of the platform due to third party services; or

B – Information contained on any linked third party website.

 

5.3 If you engage other suppliers to provide you with products or services which relate to the platform, you agree that we are not responsible for the performance of any other suppliers.

 

6. Data

6.1 We take the security of the platform and the privacy of its users ver seriously. You agree that:

A – You will not do anything to prejudice the security or privacy of our sstems or of the information on our systems;

B – you are solely responsible for the security of your login details for accessing the platform; and

C -You will notify us immediately if you become aware of any unauthorised access to the
platform.

 

6.2 We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standard, however, you accept that the internet is not a fully secure environment and we cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If you provide us with information via the internet, you do so accepting this risk.


6.3 We may limit the amount of data that you can store on the platform, and we will advise you of any limitation. Data that is stored within the platform will be stored according to industry standards,


6.4 We will perform backups of the platform in a reasonable manner at such times and intervals as are reasonable for our business purposes. We do not warrant the we are able to backup or recover specific user content from any period of time, unless so stated in writing by us.


6.5 You acknowledge and agree that:

6.6 A – we are not responsible in any way for retaining any data, personal information, or health information that has been stored on, or communicated through the platform for a pescribed period; and

B – You must ensure that all health information or health record of you patients are stored on your own systems and retained in accordance with applicable laws.

 

7. Privacy

7.1 You acknowledge and agree that:

A – We will collect and handle any personal information and health information of all users
and patients in accordance with:

(i) Our privacy policy and

(ii) Applicable privacy laws;

B- Our privacy policy does not cover or address how you handle any personal information or health information. You must ensure that you have, and will continue to maintain, a privacy
policy which:

(i) Complies with applicable privacy laws; and

(ii) Provides an accurate representation to patients about the data flow of any personal information or health information which occurs between you and us via the platform;

C – You must ensure that any personal information or health information you create or have access to as a result of your use of the platform is collected, handled and retained by you in accordance with applicable privacy laws in relevant jurisdictions;
D – You must only use or disclose personal information or health information which is collected by us and shared with you for the primary purpose for which that personal information or health information was collected (for referral purposes).

 

7.2 Notwithstanding anything else in these terms, you must ensure that you have:

A – obtained all necessary consents from individuals whose personal information or health
information may be provided or uploaded to the platform; and
B – provide all necessary notifications to such individuals in relation to out collection of their personal information, as required by applicable privacy laws.


7.3 Both you and we must:

A – provide reasonable assistance to the other party in relation to any privacy related
complaints or regulatory enquiries; and
B – notify the other party upon becoming aware of an eligible data breach with respect to the personal information which is shared between the parties.

 

8 . Suspension or termination of access

8.1 If you fail to comply with these terms and conditions, we may revoke or suspend your licence and access tothte platform, and cancel or otherwise terminate your account


8.2 If you fail to comply with the terms of any third party services whereby the third party revokes or suspends your access to those services, we ma yrevoke or suspend your access to that feature on the platform.


8.3 We may, in or sole discretion, suspend or revoke and individual providers license or ability to access the platform, including their ability to use the platform to accept booking and make referrals.


8.4 Termination or expiration of your license to access or use the platform will not affect any accrued rights, indemnities, or any provision of these terms which are intended by their nature to survive termination or expiration.

 

9. Intellectual property

9.1 Except as expressly provided in these terms and conditions, no ownership is transferred in, or other rights granted to the other party in, the intellectual property of a party.

A – both you and we and any third party licensors (as the case may be) own and retain all of its intellectual property existing prior to the subscription period or which is developed independently of the agreement between the parties and any developments, updated or modifications.
B – We own and retain all rights (including intellectual property) on and to the platform; and
C – You own and retain all rights (including intellectual popery) in and to any data that you upload and transmit via the platform.


9.2 Any:

A – Intellectual property developed by us under or in connection with these terms and conditions; or Changes, additions or improvements to the platform, immediately and directly vests in us upon its creation and will form part of our intellectual property unless otherwise agreed in writing between the parties. You otherwise acknowledge and agree that you have no ownership rights title interest in or to our intellectual property and must not dispute our ownership of the same. You mist do all acts and things necessary to give effect in this clause 9.2


9.3 You grant us a non-transferable, non-exclusive and royalty free licence to:

A – store and otherwise use, copy or modify any content, data or material provided by you to us for the purpose of our providing you with our services and enabling you to the patient users to access the platform; and
B – use your logos or other branding information or media (in any form) for the purpose of promoting or marketing the platform.


9.4 You represent and warrant that

A – you have all the necessary rights, licences, permissions or consents to grant us the licences referred to in clause 9.3; and

B – Our use of any content, data, material, logos, other branding information or media (in any form provided by you to us will not infringe the rights of any third party (including intellectual property) or breach any applicable law.

 

10. Liability and indemnity

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

A – Your use of the platform is at your own risk;
B – We provide the platform only, and are not responsible or liable for the conduct or activities of any third parties, including third party service providers, patients and other users;
C – under no circumstances will we be liable to you for:

(i)  any illness, injury, or death resulting from use of the platform; or
(ii) and other direct or indirect, incidental or consequential damages, loss to corruption of data, or any other similar or analogous loss resulting from your access to, use of, or inability to use the platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such loss.

 

10.2 You agree to indemnify us for any loss, damage, or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that we may suffer or incur as a result of any breach by you of these terms.


10.3 Certain rights and remedies may be available under the competition and consumer act 2010 or similar legislation of other states and territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law, however any liability for breach of any implied warranty or condition
that cannot be excluded is restricted, at out option to:

A – the replacement or repair of goods, or payment of the cost of replacement or repair.