The use of the “Medechat” platform, and the software, information, intellectual property and services comprising that platform (Platform), which is owned or licensed by VETCHECK PTY LTD ACN 631 018 427 (Medechat / we / us) is governed by the terms and conditions set out below (Terms of Use). Without limiting the ways in which you may be bound by these Terms of Use, by clicking “Subscribe” or “I accept the Terms of Use of this Service” (or similar wording), by signing a document in which you expressly agree to be bound by these Terms of Use or by using any similar mechanism indicating your acceptance of these Terms of Use, or otherwise by accessing and using the Platform, you (User / you) will be deemed to have accepted and will be bound by these Terms of Use (including as amended from time to time).
You must be over 18 years of age to use the Platform. By entering into these Terms of Use, you warrant and represent to Medechat that you are over 18 years of age.
1.1 Medechat provides you with access to the Platform pursuant to these Terms of Use. The purpose of the Platform is to allow Users to use their mobile phone, tablet or other device (subject to functionality permitted by the Platform) to make appointments with veterinary practitioners and health care practitioners (Practitioners) who are licensed by Medechat to use the Platform on their own or who belong to a practice group who are licensed by Medechat to use the Platform (Practice Groups) for video consultations with patients, who may or may not be the User (Patient which, for veterinary health care services, may include the pet owner, pet, animal or agent of the pet or animal such as a primary care veterinary practitioner), and to facilitate payment for the consultations. In using the Platform, information about the Patient may be disclosed by the User or Patient and recorded by Medechat either in video format and/or written format (User Data). The User Data also includes the User’s and/or Patient’s Personal Information and may also include the Practitioner’s notes and evaluation arising from the video consultation.
2.1 A User may use the Platform to procure veterinary or human health care services (both referred to as Health Care Services) through video consultation from a Practitioner. Those services are provided by the Practitioner directly, and not by Medechat. Medechat’s services are limited to facilitating real time live communication between the User and the Practitioner through audio-video conferencing facilities, including recording and storing the User Data, and facilitating payment as appropriate (Services).
2.2 The User acknowledges and agrees that:
(a) video consultations may not be suitable for the Health Care Services which the User or Patient requires;
(b) Medechat does not provide Health Care Services and the Health Care Services are provided by Practitioners who are not employees, representatives or agents of Medechat and Medechat is not liable for any Health Care Services;
(c) it is possible that the Platform, including the conducting of video consultations, could be affected by hacking or other security breaches and you accept that risk;
(d) Medechat does not guarantee that the Services will always be accurate, reliable, or error-free; and
(e) all intellectual property rights, including any rights in copyright, moral rights, inventions (including patents), trademarks, designs, circuit layouts (whether or not registered or registrable), which subsist in the Platform, including any data, material, or information created by or on behalf Medechat and displayed or made available via the Platform (Intellectual Property Rights) are the exclusive property of Medechat.
2.3 Medechat does not hold any medical or other practicing certificate or authorization in any jurisdiction.
2.4 Other than as expressly provided in these Terms of Use, Medechat does not accept any responsibility, and disclaims all and any liability for, any dispute between a User and a Practitioner in connection with the Platform or any related supply of services.
2.5 Subject to these Terms of Use, the provision of the Services constitute Medechat’s only obligation to you.
2.6 You agree that Medechat may modify the Services at any time, and discontinue the Services (or part thereof) at any time. Medechat may also restrict your use of some or all Services.
3.1 Medechat may require you to create an online account with Medechat (Account) in order to use some or all of the Services. Medechat may restrict the usage of the Services (or part thereof) for persons who do not have an Account. Medechat may, from time to time, amend or place restrictions on the requirements needed to create an Account.
3.2 If you create an Account with Medechat then you agree:
(a) if requested by Medechat, to use your email address as your username;
(b) that the Account will be created using Medechat’s online sign up process, or any other method specified by Medechat from time to time;
(c) to keep confidential and secure any password used to access the Account;
(d) that you warrant that all information provided by you to Medechat in the setup of the Account is true and correct in every detail; and
(e) that you will only use the Account for the purposes of using the Services and/or purchasing Products, and for no other purpose.
4.1 Steps to be able to make an appointment Prior to being able to make an appointment through the Platform, you must:
(a) set up an Account with Medechat; and
(b) have a valid credit card / debit card.
4.2 Steps to be taken prior to conducting the Video Consultation Prior to the appointment, you must ensure that you have the necessary equipment (which may include internet access, microphones, cameras, smart phones or tablets) to participate in the video consultation.
4.3 Recording consultations
(a) Your Practitioner will record the consultation using functionality provided by Medechat. By entering the video consultation, you consent to the video consultation being recorded. You acknowledge that Medechat does not guarantee the quality of the video recording. Recordings may be accessed, downloaded, distributed and/or copied by your Practitioner from Medechat for a period of 6 months after the consultation. If you wish to access the video recording, you may request it from your Practitioner.
(b) You must not record or transmit any video consultation without the prior written consent of both Medechat and your Practitioner.
4.4 Changes to and cancellation of appointments
You can change or cancel your appointment in accordance with your Practitioner’s current policies. Medechat has no liability or responsibility in respect of any changed or cancelled appointment by a Practitioner or User.
5.1 Medechat may determine from time to time, to supply Products through the Platform for purchase by Users.
5.2 If Products are supplied through the Platform, then Medechat may impose additional terms and conditions which apply to the purchase and supply of the relevant Products, by setting out the additional terms and conditions in an addendum to these Terms of Use (Product Addendum). Any Product Addendum will form part of these Terms of Use and, unless otherwise stated, will override any inconsistent term in this document, to the extent of the inconsistency only.
5.3 By ordering and purchasing any Product from the Platform, you agree:
(a) that you are bound by and will comply with the Product Addendum applicable to the Product; and
(b) to pay the applicable Fee for such Product.
6.1 Fees which may be charged by your Practitioner
(a) You will be charged your Practitioner’s usual standard consultation fees in accordance with the agreement with your Practitioner. Consultation fees will be based on the type of consultation (for example, normal consultation, post-operative check-up, after hours consultation etc.).
(b) Appointments will be on a timed basis. If an appointment runs over the allocated time, you will be charged for a second consultation.
(c) You can cease a consultation at any time, including during a consultation, however you will be charged your Practitioner’s consultation fee.
(d) Your Practitioner has full discretion to change the nominated consultation type to a more appropriate consultation type and you will be charged the applicable fees for that consultation.
6.2 Fees which may be imposed by Medechat
The fees and charges which Medechat will charge you for accessing the Services and each Product (Medechat Fees) will be:
(a) as specified on the Platform, on Medechat’s website or otherwise as published by Medechat from time to time; or
(b) as specified in an applicable Product Addendum.
6.3 When and how Fees must be paid
(a) Your Practitioner’s consultation fees will be charged to your nominated credit card or debit card at the completion of the consultation. Your Practitioner’s consultation fees will be charged in accordance with your Practitioner’s policies current at the time.
(b) Any Medechat Fees will be charged prior to accessing the Service being requested or prior to acquiring a Product. Medechat Fees must be paid using the method of payment specified by Medechat, which may, without limitation include credit card, PayPal, bank transfer or direct debit.
6.4 GST
(a) In this clause 6.4:
(i) GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth); and
(ii) terms used in this clause 6.4 shall have the same meaning as in the GST Act.
(b) Unless expressly specified to the contrary, all amounts payable under this Agreement (consideration) by one party (payor) to the other (payee) have been expressed to be exclusive of GST. The payor will, at the same time as paying the consideration to the payee, pay an additional amount on account of the GST, so that after deduction of GST, the payee receives no less than the amount of the consideration.
(c) Where a party is required under this Agreement to pay or reimburse an expense or outgoing of another party, the amount to be paid or reimbursed by the first party will be the sum of the amount of the expense or outgoing less any input tax credits in respect of the expense or outgoing to which the other party, or to which the representative member for a GST group of which the other party is a member, is entitled.
7.1 Medechat may change, suspend or discontinue part or all of the Services at any time in its sole discretion without any liability to Users.
7.2 A User’s access to the Platform and the User’s rights granted under these Terms of Use may be deactivated or suspended at any time by Medechat immediately on the provision of written notice to the User if the User is in breach of these Terms of Use.
7.3 Suspension of the User’s Account may result in either Medechat completely disabling the User’s Account and/or disabling certain functionality.
7.4 If a User’s Account is suspended in whole or in part under clause 7.1, Medechat may, at its sole election:
(a) end that suspension if and when the relevant breach is cured; or
(b) provide notice of deactivation of the User’s Account at any time if the breach has not been remedied, or alternatively disable access to the Platform, and the User agrees that Medechat will not incur any liability in respect of the failure to supply access to the Platform (or allow the User to exercise any other rights in respect of the Platform) during any period in which the User’s Account is suspended.
7.5 Where a User’s Account has been permanently deactivated:
(a) any licence keys, passwords, or access rights to the Platform provided to the User will be immediately deactivated and destroyed by Medechat; and
(b) nothing in these Terms of Use shall be construed to release either party from any obligation that arose prior to the effective date of such deactivation.
7.6 If the User’s Account is deactivated, the User may not use the Platform, or any Services provided by Medechat, without creating a new Account. Medechat may in its sole discretion refuse to create a new Account for the User.
7.7 A User’s Account may be deactivated by a Practice Group in respect of that particular Practice Group only but the User’s Account may still be active in respect of other Practice Groups.
7.8 Clauses 9, 10 and 13 of these Terms of Use will continue to apply to the User notwithstanding the User’s Account has been deactivated.
8.1 The User acknowledges and agrees that in using the Platform:
(a) User Data will be transmitted over the internet any other network used by the Platform, which may include transmission to servers located in other states or countries;
(b) while Medechat will take all reasonable security precautions, the transmission, upload, download, or storage of User Data via the Platform is not guaranteed to be, and may not be, secure;
(c) transmitting, uploading, or downloading User Data via the Platform may render the User’s systems vulnerable to viruses, malware, or other forms of attack that are beyond the reasonable control of Medechat; and
(d) the User is at all times responsible for the security of its own systems.
8.2 Medechat will comply with any laws requiring Medechat to notify the User or any other person regarding any notifiable data breach. Otherwise, to the maximum extent permitted by law, Medechat will not be liable or responsible for protecting the security of User Data transmitted, uploaded, downloaded or stored via the Platform, or for any loss, cost, expense or damage suffered by the User as a result of any unauthorised access or use of the User Data or Medechat’s systems.
9.1 The User must not use the Platform in any way that might defame, offend, insult, embarrass, injure, damage, or otherwise breach the rights of any person or contravene any applicable laws (including, without limitation, any laws in relation to child pornography or child abuse material).
9.2 The User acknowledges that:
(a) video consultations will depend on a range of factors including the quality of your internet connection, the quality of your Practitioner’s internet connection, or general traffic on the internet;
(b) Medechat makes no warranties that the Services or Products will be error free, that the Platform will be accessible on the User’s systems, or that the User’s access to the Platform will be uninterrupted; and
(c) Medechat has not made and will not make any other express or implied warranties in relation to the Platform, the Services or any other goods or services provided by Medechat or any third party in connection with the Platform or Services, other than those warranties expressly contained in these Terms of Use. Any term that would be implied into these Terms of Use, including without limitation any condition or warranty, is hereby excluded to the maximum extent permitted by law.
9.3 The User acknowledges and agrees that:
(a) Medechat’s sole role in relation to a User is to provide the User with the Services only; and
(b) Medechat has no liability or responsibility for any act, omission or negligence of a Practitioner, including, without limitation, any advice given by the Practitioner to the User.
9.4 You agree that Medechat will not be liable or responsible for any failure in, or delay to, the provision of the Services or Products or in Medechat complying with its obligations under these Terms of Use where such failure or delay has arisen as a direct or indirect result of:
(a) epidemic, pandemic, fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
(b) denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
(c) a significant demand being placed on telecommunications infrastructure, or on Medechat’s services, which is above the usual level of demand and which results in a failure of Medechat’s software and hardware to function correctly or in a timely manner;
(d) the failure of any third party to fulfil any obligations to Medechat; or
(e) any other circumstances or event similar to the above which is beyond the reasonable control of Medechat.
9.5 Medechat provides the Platform “as is” and, to the maximum extent permitted by law, Medechat will not be liable in respect of any loss, damage, expense, cost or claim by or against the User or Patient (whether contractual, tortious, statutory or otherwise) for any direct or indirect, special, incidental, or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Platform or Services or the provision of any other goods or services under these Terms of Use, and whether as a result of any negligence, breach or default, by Medechat.
9.6 If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to these Terms of Use and prohibits the exclusion of certain liability but permits the limitation of that liability, then that liability of Medechat is limited, at the option of Medechat, to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
9.7 The maximum liability of Medechat under these Terms of Use for any matter which cannot otherwise be excluded as described in these Terms of Use, will be limited in aggregate (to the maximum extent permitted by law) to the lesser of:
(a) the total Medechat Fees you have paid for the Services or Products that are the subject of the relevant claim; or
(b) AUD $10.
9.8 The User indemnifies Medechat, its agents, officers and employees against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which is suffered or incurred by Medechat, its agents, officers or employees as a direct or indirect result of:
(a) any breach of these Terms of Use by the User or Patient; or
(b) any third-party action, claim, demand or proceedings instituted against Medechat as a result of the use of the Platform by the User or Patient.
9.9 Any of the terms and conditions of these Terms of Use which limit or exclude any term, condition or warranty, express or implied, or the liability of Medechat will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting the User’s statutory rights or remedies arising by virtue of the breach of any implied term of these Terms of Use where such exclusion, qualification or limitation would be prohibited by legislation.
You indemnify and keep indemnified, Medechat, its agents, employees and officers against all loss, cost, expense or damage which Medechat, its agents, employees or officers suffer or incur, as a direct or indirect result of:
(a) your breach of these Terms of Use or violation of any law or Intellectual Property Rights or other rights of a third party; or
(b) your use of or inability to use the Services.
11.1 You acknowledge that in order to provide the Services and Products, Medechat may collect and use the personal information (as that term is defined in the Privacy Act 1988 (Cth)) or other identifying information (Personal Information) you provide to Medechat in accordance with our Privacy Policy. By using the Platform or the Services, or by purchasing any Products, you agree to the terms of the Medechat’s Privacy Policy. A copy of our Privacy Policy may be viewed on our website.
11.2 Medechat may be required by applicable law to maintain a record of health information provided by you. In those circumstances, Medechat will maintain that record for the minimum required period, and then destroy that record, and you consent to Medechat both maintaining and destroying that record as required or permitted by law. You may have rights at law to access health records held by Medechat. Please refer to our privacy policy for information on how to contact us regarding information about you that Medechat may hold.
11.3 You undertake and continuously warrant to Medechat that you will only supply Personal Information:
(a) in respect of yourself only; or
(b) in respect of a person under the age of 18 (Minor) – where you are a parent or legal guardian of that Minor.
12.1 Medechat reserves the right to revise and amend these Terms of Use in its discretion, as follows:
(a) if Medechat considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended Terms of Use (as applicable) on the Platform; and
(b) if Medechat considers that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Platform describing the change.
12.2 Your continued use of the Platform after an amendment will mean that you agree to that amendment.
13.1 In the interpretation of these Terms of Use unless the context otherwise requires:
(a) headings and words in bold type are included for convenience only and do not affect interpretation;
(b) the words "includes" or "including" mean "includes without limitation" or "including without limitation";
(c) a reference to a word includes the singular and the plural of the word and vice versa;
(d) a reference to a gender includes any gender;
(e) if a word or phrase is defined, then other parts of speech and grammatical forms of that word or phrase have a corresponding meaning;
(f) a term which refers to a person includes a person in any capacity, a body corporate, an unincorporated body (for example a society or association), a trust, a partnership, a sovereign state, a government or a government department or agency;
(g) a reference to a document includes a reference to that document as amended, novated, supplemented, varied or replaced;
(h) a reference to a recital, clause, paragraph, schedule, annexure or other part is a reference to an item of that type in these Terms of Use;
(i) a reference to a party is a reference to a party to these Terms of Use and includes a reference to that party’s successors, personal legal representatives and permitted assigns;
(j) a reference to a statute or regulation or a provision of a statute or regulation includes a reference to that statute, regulation or provision as amended or replaced, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws made or issued under that statute; and
(k) if an individual party to these Terms of Use consists of two or more persons, then those persons are bound both jointly and severally.
13.2 Any notice given under these Terms of Use must be in writing and must be signed by the party giving the notice, or alternatively must be given via functionality contained in the Platform. Unless a later time is specified in a notice, the notice takes effect from the time it is received. A notice is taken to be received:
(a) in the case of a notice delivered by hand, when so delivered;
(b) in the case of a notice sent by pre-paid express post, on the third clear Business Day after the date of posting;
(c) in the case of a notice sent by email, at the time that the email is sent, unless the sender receives a notification that the email was delayed or not received; or
(d) in the case of a notice sent via functionality contained in the Platform, at the time the notice was sent, but if the effect of paragraphs (a) - (d) above is that a notice is taken to have been received before 9:00am or after 5:00pm on a day which is not a Saturday, Sunday or public holiday in Melbourne, Victoria, Australia (Business Day), or on a day which is not a Business Day, then the notice is taken to have been received at 9:00am of the next Business Day.
13.3 If any provision of these Terms of Use is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms of Use to the extent that the invalid or unenforceable provision will be treated as severed from these Terms of Use.
13.4 These Terms of Use will be construed in accordance with and will be governed by the laws in force in the State of Victoria, Australia. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Victoria, Australia or the Commonwealth of Australia and any courts of appeal from these courts.
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