1. Acceptance

1.1  These terms and conditions (Terms) are entered into between MediLeave ABN 78809838618 (we, our or us). (we, us or our) and you, together the Parties and each a Party.

1.2  We provide an online platform (Platform) where you access an AHPRA-registered medical practitioner, nurse practitioner or Pharmacist  that is an independent contractor (Partner Healthcare Practitioners) and facilitate communications between you and Partner Healthcare Practitioners who can consider your request for, and provide, at their discretion, certain healthcare or medical services, including the provision of a medical/sick leave certificate, specialist referral, pathology referral, prescription and engage in Telehealth consultations (Services) and recommend a course of action to assess your health.

The platform also uses a 3rd party external cloud clinical software provider, Halaxy  to collect and store your information and medical records. The software also handles the online bookings and payment processing for GP telehealth services and referral services. Please review their privacy policy 

1.3  You accept these Terms by the earlier of 

(a) accepting these Terms on the Platform; 

(b) filling out the consultation form on our Platform (Consultation Form); or 

(c) making payment of any part of the Fees.

1.4  These Terms will terminate upon the completion of the Services in your Booking (as determined by us)

1.5  These terms and conditions (Terms) govern your access and use of all MediLeave branded applications, websites (including our website and platform located at https://medileave.com.au) content and products (MediLeave Platform) as well as the Services that are made available through the MediLeave Platform

By accessing or using the MediLeave Platform, or by requesting the Services (whichever is earlier), you confirm that you agree to be bound by Terms. If you do not agree to the Terms, you may not access or use the MediLeave Platform or request Services.

If you are in an emergency situation or need urgent and immediate assistance please contact 000 or your local hospital emergency. Do not use the MediLeave Platform if you have, or you think you may have, an emergency or critical condition or symptom, which can include, but is not limited to, chest pain, breathing difficulties or severe bleeding.

2. Our role

2.1  We act as the developer and provider of the MediLeave Platform and our role is limited to:

(a) taking feedback about the MediLeave Platform; 

(b) improving and modifying the MediLeave Platform (at our discretion);and 

(c) facilitating your access to, and use of, the MediLeave Platform so that you can request Services, subject to you paying the Fees.

2.2  You agree that:

(a) we do not offer or provide the Services or any other medical or health products or and any communication from us or our staff does not constitute medical advice or the provision of a health service;

(b) we do not employ any Partner Healthcare Practitioners or pharmacists (Pharmacists) from licenced pharmacies that we have arrangements with in relation to the receipt and fulfillment of prescriptions (Partner Pharmacies), nor are such Partner Healthcare Practitioners or Partner Pharmacies (Partner Providers) our representatives or agents;

(c) we are not responsible for, and have no control over the use of, the MediLeave Platform by any other person that accesses or uses the MediLeave Platform (including you) (Users);

(d) we are not responsible for, and do not control over, the Services or any other medical or health products or services provided by Partner healthcare Providers, nor do we control any information provided by such parties; and

(e) we reserve the right to refuse access to, or the use of, the MediLeave Platform to you or any other person at our sole discretion at any time and without notice.

Telehealth Services

Telehealth is a convenient way for patients to obtain access to on-demand telephone based medical services for straightforward and non-emergency medical needs from the comfort of their own homes without the need for in-person visits to healthcare facilities. The Services provided through the Platform are not suitable for serious medical conditions or situations requiring immediate or urgent treatment Instead, contact emergency services or visit the nearest healthcare facility without delay.

While the Telehealth Services can offer convenience and accessibility, they are not designed to replace the continuous involvement of your regular general practitioner or other medical professional responsible for managing your day-to-day healthcare needs. Telehealth Services are not appropriate for the management of multiple or serious chronic conditions or multiple prescribed medications. Continuing to see your regular general practitioner and following their recommendations will help ensure that your healthcare needs are properly addressed and managed.

There are some circumstances that a Partner Healthcare Practitioner may be unable to properly assess and treat your symptoms by telephone. In such circumstances, the Practitioner may suggest that you attend your regular general practitioner or attend a nearby medical centre for a physical assessment. Any decision in this regard is a matter of clinical judgment and professional expertise of the Practitioner and MediLeave does not warrant or guarantee the nature of any treatment rendered by a Partner Healthcare Practitioner via the Services. No workers compensation, medico-legal assessments, motor vehicle accident assessments or other assessments requiring a physical examination or extended assessment will be provided via Telehealth Services.

Telehealth Services are only available for patients that are located in Australia. You must not use the Platform to procure Telehealth Services if you are outside of Australia.

3. Account verification and access

3.1  When requesting a consultation or service, you must provide us with your personal details such personal email and/ or your mobile number to receive and manage the Services, including receiving and managing any communication, documents and other materials from MediLeave and Partner Providers (Materials).

3.2  You must ensure:

(a) that you do not provide access to your Account to any third parties (including family members or friends); 

(b) that all information that you provide to set up your Account is true, accurate, complete and up to date; and 

(c) that you maintain the security, integrity and confidentiality of your email, mobile phone and your Account. If you suspect that there has been unauthorised access to your email, mobile phone or

4. Requests through the MediLeave Platform

4.1  You represent and warrant that: 

(a) you are at least 16 years of age; 

(b) you have the legal right, authority and capacity to agree to, and abide by, the Terms; 

(c) are capable of consenting to any health or medical treatment (as determined by a Partner Healthcare Provider); 

(d) you have an Australian residential address; 

(e) you will be located in Australia each time you request a Service; and 

(f) all the information that you provide to us and each Partner Healthcare Provider is true, accurate, complete and up-to-date.

4.2  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.

4.3  By accessing or using the MediLeave Platform, you acknowledge and agree that:

(a) you will comply with the our fair use policy located here (Fair Use Policy);

(b) you are not able to choose the Partner Healthcare Provider that provides a Service to you;

(c) we do not guarantee the existence, availability, suitability, legality or safety of the MediLeave Platform, the Services or any other products or services;

(d) we do not warrant or represent that the Services or other products or services are suitable for you or for any of your conditions; and

(e) a Partner Healthcare Practitioner will only consider one requested outcome for each request for the Service.

Account, you should notify MediLeave immediately  by emailing [email protected]

4.4  Upon requesting a Service, you will be placed in the queue for the next available Practitioner, who will call the number you provided. If you request a “Priority GP Consultation”, you will be placed at the top of the queue for the next available Practitioner. MediLeave does not provide scheduled appointment times or allow you to choose a specific Partner Healthcare Practitioner.

  • 4.5  Whilst we endeavour to ensure Partner Healthcare Practitioners are available to render Telehealth Services between 6am to midnight Australian Eastern Standard Time (Operating Hours) 7 days a week, we make no guarantee regarding the availability of Telehealth Services at any time or the wait time for Consultations (including “Priority Consultation”). MediLeave reserves the right to terminate your Consultation whilst you are waiting in the queue due to unforeseen circumstances in which circumstance, we will notify you as soon as possible.

4.6 You may end a Consultation/service at any time during the call. Partner Healthcare Practitioners may discontinue a Consultation/service at any time if you are abusive, behave inappropriately towards the Practitioner or otherwise have the discretion to withhold or decline to provide treatment for reasons they consider reasonable or clinically appropriate. MediLeave will not refund any fees based on the duration of the Consultation/Service.

  • 4.7  For all Services the Partner Healthcare Practitioner will attempt to contact you three times at the phone number provided during registration. If, after three attempts, you fail to answer, within the specified number of attempts, no further attempts will be made to contact you, and you will be charged the applicable fee for “the requested Consultation”. This fee is non-refundable.

 

4.8  Patient information and history: To ensure the effectiveness of the Service, it is crucial that you provide complete and truthful answers to all questions asked during the Consultation to ensure the appropriateness of treatment and medication. Open and honest communication is essential in ensuring optimal healthcare outcomes. You agree to respond to all questions asked by the Practitioner during the Consultation process. Your accurate and comprehensive answers will assist in determining the most appropriate course of treatment for your condition. You agree to provide accurate and thorough information in your responses and not to omit any relevant information. This includes sharing relevant medical history, symptoms, medications, and any other pertinent details required to assess your condition properly. By being transparent, you contribute to a more accurate evaluation and subsequent treatment plan. It is important to inform the Practitioner about any new symptoms or worsening of your condition that has occurred since your last attendance with a medical practitioner. Timely reporting of changes in your health status enables the Partner Healthcare Practitioner to make informed decisions regarding your ongoing care and treatment.

The following are not covered within our Services:

(a)  Backdated medical certificates;

(b)  Centrelink medical certificates;

(c)  Bail hearing medical certificates

(d)  Dealing with patients less than 6 months old;

(e)  Consultations regarding chest or abdomen pain;

(f)  Extended health problems for longer than two weeks;

(g)  Chronic diseases;

(h)  Workers’ compensation; or

(i)  Travel insurance claims,

(j)   Any type of medical certificate citing fit for “x”

(k)  Return to work certificate

(l)  Clearance to travel,

(m)  Same day medical certificates for people under 16 years old and

(n)  S8 medications or monitored and addictive Medications

Children (15 years and younger)

At the time of registration, or when subsequently requesting a Consultation/service, you may nominate a dependent child of 15 years or younger to receive a Service during a Consultation. You, as the parent or guardian must be present and available throughout the duration of the Consultation.

5. Partner Practitioner Relationship

5.1  You agree that:

(a) when you engage with a Partner Practitioner, you enter into a “practitioner-patient” treatment relationship with that Partner Practitioner;

(b) we are not a party to that relationship and we are not liable for any Partner Healthcare Practitioners’ acts and omissions, including in relation to the Services or other medical and health services that they provide to you or any outcomes provided (for example, a medical/sick leave certificate, referral, prescription or other outcome) (Health Outcomes);

(c) your Partner Healthcare Practitioner is solely responsible to you for the Health Outcomes that they provide, or fail to provide, to you;

(d) your relationship with Partner Healthcare Practitioners does not replace the role of an in-person medical practitioner (including your usual general practitioner);

(e) it is your responsibility to advise your general practitioner of any Health Outcomes provided by a Partner Practitioner or tell us whether you would like us to transfer information about your Health Outcomes to your general practitioner on your behalf; and

(f) if you suffer from any noticeable side effects from a Health Outcome, you must immediately consult with your general practitioner or contact us to facilitate a further consultation with a Partner Healthcare Practitioner.

(g) we are not responsible for and do not control, any consultation, any health services or the accuracy of information provided by your Partner Healthcare Practitioner.

h) The Partner 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 Healthcare Practitioner or any other Health care professional, and is in no way involved in, or liable for, any services provided by a MediLeave Partner Healthcare practitioner to you.

6. No guarantee of Health Outcomes

You agree that:

(a) Partner Healthcare Practitioners have complete discretion to determine whether a Health Outcome is appropriate for you, including the method that they use to provide that Health Outcome to you; and

(b) MediLeave and Partner Healthcare Practitioners do not guarantee that you will receive the Service or a Health Outcome. Without limiting the above, you acknowledge that Partner Practitioners are unable to prescribe controlled, addictive or Schedule 8 medications, weight loss injection medications,or provide backdated medical certificates.

7. No Medicare Rebates

Unless otherwise provided by MediLeave you agree that:

(a) the Services provided by Partner Healthcare Practitioners are not covered by Medicare; and 

(b) bulk billing and Medicare rebates are not available for Services provided.

8. Cancellations

8.1  You may cancel your Scheduled Booking at any time by emailing us. Within a Scheduled Booking cancellation email, you must identify your Scheduled Booking and request cancellation of your Scheduled Booking. Your Scheduled Booking will not be cancelled until we provide confirmation of the cancellation of your Booking in writing. The booking can only be cancelled provided you haven’t started the consultation with the medical practitioner. Please note, any scheduled booking that is cancelled with less than 4 hours notice will incur a $5.00 cancellation fee and this fee  will not be refunded or released.

8.2  If you do not attend your Scheduled Booking or do not respond to any of the 3 attempted calls by the Partner Healthcare Practitioner and have not requested cancellation of the Scheduled Booking 4 hours in advance, the Scheduled Booking will be considered missed and the payment will be non-refundable.

8.3  Same day Medical certificate request bookings can only be cancelled prior to the medical practitioner reviewing the request. The cancellation request needs to be received via email, identifying your same day medical certificate request. Provided the cancellation email has been received and we provide confirmation prior to the medical practitioner reviewing the medical certificate request, then a refund can be issued.

8.4  We may cancel your Booking if you do not pay the required Fee, or if we do not have any available medical practitioners to attend the Consultation. If we cancel due to a lack of available medical practitioners, we will provide you with a full refund.

8.5  We reserve the right to cancel your Consultation in progress if your conduct towards the medical practitioner becomes abusive or inappropriate, if we encounter technical issues, if the medical practitioner deems the telehealth consultation unfit for the circumstance, or if your medical condition requires immediate in-person attention.

8.6  Should the consultation be cancelled due to your inappropriate behaviour, you will not be entitled to a refund of the Fee. If the cancellation arises from technical difficulties, the Doctor’s determination of an unsuitable telehealth Consultation, or the necessity for immediate in-person medical care, we will issue a full refund of the Consultation Fee. 

9.Medical /Sick leave Certificates

9.1  Neither we, nor the Partner Health Practitioners using our Platform, guarantee that a certificate will be provided. Provision of any health services (including the provision of a medical certificate) remains at all times at the sole and complete discretion of the partner Health Practitioner.

9.2  Medical/sick leave certificates are issued for the same day as your Booking/Request. This is to ensure that the certification of your health condition is based on the most accurate and timely assessment by our medical professionals.

9.3  We do not backdate medical certificates.

9.4  Multi-day medical certificates may be provided but not beyond 7 days from the date of Consultation.

9.5  To maintain patient privacy and confidentiality, we do not include specific patient conditions on the medical certificate. The certificate is simply to verify that you have a medical condition and are unfit for work or school. We are able to include your symptoms/health condition on certificates only on case by case basis and if requested by you.

9.6  You must ensure all details you provide during your booking are correct as the medical certificate cannot be amended once issued.

9.7  For patients under the age of 16, a Consultation is required before issuing a medical certificate.

9.8  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.

9.9.1  Absence of leave certificates by Pharmacists: You may be issued a certificate by a Partner Pharmacist( Absence from Work Certificate).  Some workplace agreements or awards can require certificates from a registered medical practitioner/doctor in certain circumstances. If you believe this may be applicable to you, please confirm this before purchasing a certificate from MediLeave. 

9.9.2  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.

9.9.3  Amendments to Certificates : 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)

9.9.4  You are ineligible for a refund for change of mind or if you decide you no longer want or require the certificate after it has been provided.

10. Medications and other treatments

10.1  MediLeave does not warrant or guarantee the safety, appropriateness, or effectiveness of any specific medication or treatment prescribed by a Partner Healthcare Practitioner during a Consultation/provision of Service. While our Platform facilitates the provision of healthcare services and consultations, it is important to understand that the decision to prescribe medication or recommend a particular treatment is made by the Partner Healthcare Practitioner based on their clinical judgment and professional assessment of your specific circumstances. It is essential that you discuss any concerns or questions you may have about medications or treatments with the Partner Healthcare Practitioner during your Consultation. They are best positioned to provide you with information and guidance based on their expertise and knowledge.
10.2  Should you experience any noticeable side-affects from any medications prescribed during the Telehealth Service, you should immediately schedule a further Telehealth Service or attend your regular general practice or medical centre as soon as possible.

10.3  No S8 (narcotic) or S4D (restricted substance) medicines will be prescribed during Telehealth Services. These include  but are not limited to Alprazolam, Codeine painkillers (including Panadeine Forte), Concerta, Dexamphetamine, Diazepam, Duromine, Endone, Gabapentin, Lyrica, Modafinil, Oxazepam, Pregabalin, Ritalin, Seroqual, Stilnox, Steroids, Temazepam, Tramadol, Valium, Vyvanse and Zolpidem. Other medications may also not be prescribed for certain complex conditions where a face to face consultation is recommended and/or where a telehealth consultation is deemed not appropriate for that medication to be prescribed.

10.4   You acknowledge and understand that a Partner Healthcare Practitioner has the absolute discretion to refuse prescribing medication, issuing repeat prescriptions, or providing any other services or referrals requested by you. The decision to prescribe medication or provide specific services is based on the clinical judgment and professional assessment of the Partner Healthcare Practitioner, considering factors such as your medical condition, history, and the appropriateness of the requested services.

10.5  By participating in a Consultation, you acknowledge and agree to be contacted in the event that any results from a pathology or imaging test are received by a Practitioner which require a follow up discussion. It may be that a further Consultation is required to discuss the results received in which case you will be invited to request a further Consultation on the Platform. Usual fees and charges will apply.

10.6  To the extent permitted by law, we are not responsible for any third-party services provided in response to requests (such as pathology tests or imaging requests) or other specialist referrals or any medication prescriptions made by a Partner Healthcare Practitioner arising from a Consultation.

11. Referrals

You acknowledge and agree that a Partner Healthcare Practitioner can refer you to a Third Party Medical Provider where they consider it medically appropriate and in line with their legal obligations.

Complex referrals may not be provided as these often involve detailed patient history, multi-faceted medical conditions, or a high degree of specialisation that requires extensive knowledge about a patient’s unique medical situation.

You acknowledge and agree that:

        (a)  We are not a party to, or a participant in, any contractual relationship between you and/or Third Party Medical Providers;

        (b)  The Third Party Medical Providers are not our employees or representatives;

        (c)  The Doctors/Partner Healthcare Practitioners have full and absolute discretion in determining whether referral for Medical Testing or to a Third Party Medical Provider is suitable for you; and

        (d)  We do not guarantee that a Doctor /Partner Healthcare Practitioner will refer you to a Third Party Medical Provider following a Consultation via the Platform.

12. Payment and fees

12.1  Payment is required via credit card when you schedule your Booking and payment secures your appointment.

12.2  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.

12.3  You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.

12.4  We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

12.5  The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms and will not be refundable for Consultations that do not result in the provision of a script, referral, medical certificate or other documentation. We cannot guarantee the provision of prescriptions, treatment or documentation.

12.6  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.

12.7  We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Fees

12.8  Fees may be one-off (One-off Fees), or for an annual subscription or monthly subscription (Subscription Fees), (collectively, Fees)

You agree that: (a) all Fees are payable in advance and are non-refundable, except as provided in these Terms;

12.8.1  We will advise you of any applicable Fees (including any applicable GST and processing fee) 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.

12.8.2  Fees are payable in advance and are non-refundable, except as expressly provided in these Terms.

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.

12.8.3 We reserve the right to change the Fees at any time.

13. COVID-19 Consultations

13.1  Our telehealth services have certain limitations regarding COVID-19 related Consultations. We are unable to issue isolation clearances, vaccine exemptions, or return-to-work certificates via telehealth Consultations. COVID-19 antivirals are not provided through this booking.

13.2  For services that require referrals, it is the patient’s responsibility to provide these referrals to their Doctor.

14. Private Health Insurance Rebates

14.1  Given the absence of a Medicare item number, we are unable to provide a detailed invoice that can be submitted for private health insurance claims (Private Health Insurance Claims). The entire cost of the Consultation must be paid by the patient in advance of the Consultation.

15.Refunds

 Not Eligible for Refunds: 

15.1  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

15.2  The Partner Healtcare Practitioner is free to exercise their clinical judgement. A refund therefore cannot be given if the doctor deems you unsuitable for a particular treatment or if they believe it is inappropriate to prescribe you a particular medication or to issue you a specific certificate. 

15.3  If your employer or academic institution does not accept the medical/sick leave certificate you are provided with as evidence of personal illness or injury (or illness or injury of a dependant /sibling/parent/housemate in case of carer leave) you will not be entitled to a refund.

16. Privacy

16.1  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.

16.2  We use an external cloud clinical software provider, Halaxy (www.halaxy.com) to collect and store your information and medical records. They also handle our online bookings and payment processing. Please review their privacy policy 

16.3  We cannot guarantee the security of any information collected by external service providers such as Halaxy.  We do not have control over these websites and, as such, they are not governed by our privacy policy. Please review their individual privacy policies as stated above.

16.4  Any information we collect from you through Halaxy serves one purpose only. It is so that we can deliver our online health services to you safely and securely. You may also request to access your clinical records via Halaxy’s Personal Health Record portal 

16.5  Unless required by law, your medical information will be kept confidential. At most, we will verify the authenticity of our documents if requested.

17.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.

18. 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.

 

19. Analytics

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

20.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

21. Error Reporting and Feedback

You may provide us either directly at [email protected] 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.

22. Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by MediLeave such as Halaxy ( www.halaxy.com). 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.