1.Overview

This Platform is operated by MediLeave ABN 78809838618 (we, our or us). This Platform is made available for use via our online website medileave.com.au. This website may be accessed via the internet, mobile web browsers, and may be shared through other online addresses and channels. These terms and conditions (Terms) apply to the use of our Platform regardless of how you came to access it By using the Platform, you agree with and accept the Terms in this Agreement. This Agreement, our Privacy Policy and all policies and guidelines published on the Platform from time to time form the entire agreement between you and us. If you do not accept any terms of the Agreement, you must cease using the Platform immediately. We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time. By accessing and using the Platform, you agree and acknowledge that: (i) we do not offer or provide any medical or health services, or employ any Health Practitioners to provide health services to individuals; (ii) you are not able to choose your Health Practitioner; (iii) we are not responsible for, and have no control over the use of the Platform by other Users; (iv) we are not responsible for and do not control, any consultation, any health services or the accuracy of information provided by Health Practitioners;

1.Platform Summary

a) The Platform connects users with Pharmacists, Nurses and Medical Practitioners where the user requests an Absence of Leave certificate/Medical Certificates. This Platform facilitates the exchange of information between the user and the Pharmacist and/or healthcare practitioners, whereby the Pharmacist and/or healthcare practitioner can issue a certificate if the deemed appropriate and in line with their legal obligations and scope of practice. DISCLAIMER

• The Services through the Platform are not suitable for emergency circumstances. If you are in an emergency situation or need urgent and immediate assistance please contact 000 or your local hospital emergency department.
• Medileave and its Service is not, and is not intended in any way to be, or a substitute for medical advice or diagnosis; and should not replace a qualified health practitioner's/GPs independent judgment about your medical condition and symptoms
• You agree that if your condition persists or worsens, you will seek medical advice from your GP and/or a medical practitioner.
• MediLeave Partner Pharmacists and/or healthcare professionals are independent of MediLeave. If a Partner Pharmacist/Healthcare professional reviews your request, the Medileave Partner Pharmacist/Healthcare practitioner is solely responsible for the Service they provide to you, including compliance with standards of care, record keeping and other professional obligations, as well as compliance with privacy law. MediLeave is not a party to the health professional-patient relationship between you and a MediLeave Partner Pharmacist, Medical practitioner or Nurse or any other Partner Health care professional, and is in no way involved in, or liable for, any services provided by a MediLeave Partner Healthcare professional to you.
• Neither we, nor the Pharmacists/Healthcare professional using our Platform, guarantee that a certificate will be provided. Provision of a certificate remains at all times at the sole and complete discretion of the Pharmacist/Healthcare Practitioner.

2.Use

By accessing and using the Platform as a User, you represent and warrant that: a) You are at least 16 years of age b) You are currently living in Australia and have an Australian residential address c) You have the legal right, authority and capacity to agree to and abide by the Terms of the Agreement d) Any information that you provide to us through the Platform will be accurate, complete and up-to-date e) You will provide truthful, factual, complete, accurate and up to-date information that will enable the healthcare practitioner to make an informed decision. acknowledge and agree that by not providing truthful, factual, complete, accurate and up-to-date information that the healthcare practitioner/Pharmacist may not be able to fill your request f)we do not provide a health service and any communication from Updoc or its employees does not constitute medical advice or a health service; g)the Health Practitioners /Professionals that we connect Users to are not employees or representatives of MediLeave h) consultations are between Health Practitioners and Users and we are not responsible for any information or services provided in the consultations, and do not warrant that the consultations are suitable for Users i)the Health Practitioners/professioanls  have full and absolute discretion in determining whether a consultation or certificate provided via the Platform is suitable for you j)we do not guarantee that a Health Practitioner will issue you with a medical certificate, following a consultation via the Platform k) we are not responsible for the relationship between Users and Health Practitioners/Professionals l)we are not a health service provider or regulated health service under the National Law m) By submitting a request for health services, you agree that we may send you text (SMS) messages and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of our Platform.

3.Purchases

a) If you wish to purchase any service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your email address b) You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. c) We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. d) We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons. e) We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. f) By submitting a request for certificate, you agree that we may send you text (SMS) messages, push notifications and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of our Platform g) Fees may be one-off (One-off Fees), or for an annual subscription or monthly subscription (Subscription Fees), (collectively, Fees) h) We will advise you of any applicable Fees (including any applicable GST) when you are requesting a health service through our Platform. Our Fee rates can be found on our website and Platform, prior to check out. i) Fees are payable in advance and are non-refundable, except as expressly provided in these Terms. j) Fees and all other fees, charges and prices are stated in Australian dollars and are exclusive of applicable taxes, unless otherwise stated. Fees may be converted to your local currency at the time of payment. We will be entitled to add on GST for any supply in Australia. k) We reserve the right to change the Fees at any time

4.Refunds

Not Eligible for Refunds: a) Patients/Users are ineligible to request a cancellation or refund on their certificate due to errors caused by their negligence (e.g. any spelling mistake, provision of incorrect/outdated personal information, selection of the incorrect certificate service, requesting a certificate on the unintended date due to different time zones in Australia, or by any types of mistake, etc) b)A fee will apply (subject to change) if MediLeave is required to re-issue /amend an issued certificate that has been caused by a user's negligence (e.g. any spelling mistake, provision of incorrect/outdated personal information, selection of the incorrect certificate service, requesting a certificate on the unintended date due to different time zones in Australia, or by any types of mistake, etc) c)A full refund is provided if a certificate request is declined d) Patients are ineligible for a refund if they decide they no longer want or require the certificate e) Users/Patients are ineligible to request a cancellation or refund if their employers do not accept the certificate issued by a Pharmacist. Patients are advised to ask their employer FIRST if a certificate issued by a pharmacist will be satisfactory. f)Refunds cannot be issued for misunderstandings regarding the date on certificates. Our certificates are issued for today’s date only, with no option for backdating or future dating. By using our service, you acknowledge this policy and waive the right to a refund based on the certificate’s date.

5.Medical /Sick leave Certificates:

(a) Neither we, nor the Health Practitioners using our Platform, guarantee that a certificate will be provided. Provision of any health services (including a telehealth consultation and/or provision of a medical certification) remains at all times at the sole and complete discretion of the Health Practitioner. b)Fair Use Policy: MediLeave operates under a fair use policy. MediLeave reserves the right to monitor certificate requests usage and take necessary actions if any abuse or excessive use is detected. MediLeave may, at its sole discretion, limit or terminate the service pr decline a request if it is found that the service is being used in a manner that violates the fair use policy.

6.Absence of leave certificates by Pharmacists:

The Australian Fair Work Act 2009 gives pharmacists the right to assess symptoms and issue certificates as legitimate proof of absence from work. However, some workplace agreements or awards can require certificates from a registered medical practitioner in certain circumstances. If you believe this may be applicable to you, please confirm this before purchasing a certificate from MediLeave. Absence from Work Certificates can be provided by your pharmacist to verify:

• Absences from work due to illness or injury (personal leave), or
• Absences due to illness or injury to a member of the employee’s immediate family or household (carer’s leave).

Absence from Work Certificates are issued at the pharmacists’ discretion. Pharmacists can only issue certificates for conditions that are within their scope of practice; such as minor ailments. If your illness or injury is outside a pharmacist’s ability to assess, they may decline your request and not issue a certificate. If a pharmacist declines to issue a certificate then you be will refunded the amount paid. We cannot issue certificates for the following:

• Backdated certificates;
• Centrelink certificates;
• Bail/jury duty-related certificates;
• Medical emergencies
• Extended health problems for longer than one week
• Chronic diseases;
• Workers’ compensation;
• Travel insurance claims;
• Any type of certificate citing fit for “x”;
• Return to work certificate;
• Clearance to travel
• Certificates for people under 16 years old;

  6.PRIVACY

  Your personal (including sensitive and health) information will be collected by MediLeave on or via the Platform. MediLeave Privacy policy explains how Medileave generally handles your personal (including sensitive and health) information. The Privacy Policy also includes information about how you can:
  • submit a privacy query or complaint to Medileave and how MediLeave will deal with your complaint.
  By using the Platform, you agree that MediLeave can use your personal (including sensitive and health) information in accordance with its Privacy Policy.

  7.Content

  Content found on or through this Service are the property of MediLeave or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

  8.Prohibited Uses

  You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service: a) In any way that violates any applicable national or international law or regulation. b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity. e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability. Additionally, you agree not to: a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service. b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service. c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorised purpose without our prior written consent. d) Use any device, software, or routine that interferes with the proper working of Service e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. f) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service. g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack. h) Take any action that may damage or falsify Company ratings. i) Otherwise attempt to interfere with the proper working of Service.

  9. Analytics

  We may use third-party Service Providers to monitor and analyse the use of our Service

  10.Intellectual Property

  Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MediLeave and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of MediLeave

  11. Error Reporting and Feedback

  You may provide us either directly at info@medileave.com.au or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable,free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.

  12. Links To Other Websites

  Our Service may contain links to third party web sites or services that are not owned or controlled by MediLeave MediLeave has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

  13. Disclaimer Of Warranty

  These services are provided by the company on an “as is” and “as available” basis. company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. you expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk. Neither company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations. Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

  14.Limitation Of Liability

  Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

  15. Termination

  We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  16. COOKIES

  If your web browser is set up to accept cookies, a cookie may be stored on your hard drive when you visit the Platform. Cookies allow MediLeave to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to the Platform. MediLeave uses cookies to track and collect information about which parts of the Platform (including links to other websites) are being visited by you. Cookies also allow Medileave to recognise your computer while you are accessing the Platform. This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of the Platform. If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of the Platform.

  17. Governing Law

  These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, which governing law applies to agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

  18. Changes To Service

  We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  19. Amendments To Terms

  We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use Service.

  20. Waiver And Severability

  No waiver by Company of any term or condition set forth in Terms 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 Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms 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 Terms will continue in full force and effect.

  21.Acknowledgement

  By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.