Terms and conditions

Terms and Conditions

This document sets out the terms and conditions under which you may utilise Medipass Services (defined below).  By using or creating an account on Medipass, you agree to this set of terms.

This policy was last updated on 21 September 2017.

Introduction

This document covers medical and health providers (“Practitioners”) and end consumer/Health Fund members (“Members”).  The Services include any website, application program interface (“API”), software, programs, documentation, tools, internet-based services and components, including those that interact directly using our practitioner web claiming system, member smartphone applications or indirectly via integrations with practice management systems, Health Fund platforms or other partner services (collectively referred to as the “Services”).

Medipass Services may be provided to Members in conjunction with Health Funds and their related systems. Members may engage with Medipass Services through joint software initiatives including the HICAPS application and websites which are powered by Medipass Services. These Medipass terms and conditions are not a substitute for the terms and conditions of HICAPS or any Health Fund which may, from time to time, provide services powered by Medipass.

By registering and signing into your Medipass Account, you will have access to HICAPS and platforms of other Health Funds in order for the Medipass Services to be provided to you.

In addition to the terms of this document, you are subject to the terms of our Privacy Policy (https://medipass.com.au/privacy_policy).  Further, Practitioner use of the Service and related health claim quotes, claims and payments processing is subject to the HICAPS provider agreement, a copy of which is provided at the HICAPS website:

https://www.hicaps.com.au/forms-and-support/forms

Company information

Medipass Solutions Pty Ltd trading as “Medipass”

ABN 21 615 345 536

℅ PWC, Freshwater Place

Southbank, VIC 3006 Australia

hello@medipass.com.au

Use of platform

Medipass grants you a personal, limited, non-exclusive, revocable, non-transferable licence, without the right to sublicence, to electronically access and use the Service.  You will be entitled to download updates to the Service, subject to any additional terms made known to you at that time, when Medipass makes these updates available. Medipass may also periodically make available certain Medipass logos, trademarks or other identifiers for your use. If Medipass does so, you will use them subject to and in accordance with Medipass then current trademark usage guidelines.

Medipass is not a medical services provider or health practitioner and does not supply, produce or resell medical services or products.  Any contract for the supply of medical services and products is strictly between Members and Practitioners. Medipass does not make any representations or warranties regarding the nature and quality of the services or products supplied by Practitioners; Members agree to relieve us from any liability whatsoever in this regard.

Unauthorised use

Medipass reserves the right to investigate, terminate accounts and take legal action against any illegal and or unauthorised use of the Service, which includes but is not limited to:

  • illegitimate transactions – those outside of standards and rules applicable to health services;
  • unauthorised access to the Service through a third party application, API, robot, spider or automated device;
  • accessing or attempting to access any password-protected portions of the Service without an authorised account or through any means other than by submitting your authorised password on the appropriate web page or smartphone app;
  • data mining or extraction tool or other unauthorised means;
  • interference with the platform; and
  • actions that impose an unreasonable load on the Service.

Medipass further reserves the right to report any suspected claims fraud which it considers reasonably necessary in its absolute discretion to the relevant Health Fund for further investigation.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the platform or any portion thereof or any information or content on the Service, without the prior written permission of Medipass.

Links to third parties sites & services

Medipass may contain links to third party information and products. Such content and links are not owned, operated or maintained by Medipass. Nor are they affiliated or associated with Medipass in any way, unless indicated on the external site.

Medipass is not responsible for the content of any third party material appearing on the platform or any third party sites linked to the platform.  Such information, advertisements or links are purely for information purposes only and are not endorsements by Medipass as to the quality, accuracy or completeness of the third party information or sites.

If you decide to access any of the third party services or websites advertised or linked, you do so entirely at your own risk and, as far as lawfully possible, Medipass accepts no liability or responsibility for the actions or omissions of users of the platform or linked sites in relation to the content contained therein.

Ownership

Medipass Services include references to certain Health Fund and Card Scheme logos and names (“Marks”). Marks are owned solely and exclusively by the relevant Health Fund or Card Scheme.  You will not contest the ownership of the Marks for any reason. The Health Fund or Card Scheme may at any time, immediately and without notice, prohibit you from using any of the Marks for any reason.  You may only use advertising and promotional material for the cards or which show a Health Fund or Card Scheme Mark in the manner National Australia Bank / HICAPS or the relevant Health Fund or Card Scheme approves, unless you have received authorisation from the relevant Health Funds or Card Schemes through other means.

You may choose to or Medipass may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or Medipass’ products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Medipass under any fiduciary or other obligation, and that Medipass is free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Medipass does not waive any rights to use similar or related ideas previously known to Medipass, or developed by its employees, or obtained from sources other than you.

Copyright

Copyright in all content contained on this Service, including but not limited to text, drawings, photographs and page layout, subsists under, and is protected by, the Australian Copyright Act 1968 (Cth) and international copyright laws and, unless stated otherwise, is owned by Medipass or used by Medipass under licence.

Publicity

Practitioners grant Medipass permissions to use Practitioner’s name and logo in its marketing materials and at Medipass’ absolute discretion, including but not limited to use on Medipass’ platform, in customer listings, in interviews and in press releases.

Disclaimer & warranty

The information, software, products, and services included in or available through Medipass may include inaccuracies or typographical errors.

Medipass and/or its suppliers may make improvements and/or changes in the Medipass Service at any time. Advice received via the Medipass Service should not be relied upon for personal, medical or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation. Although the Medipass Services may provide financial information relating to quotes and estimated fees which may be incurred, you should rely on your own reasonable judgement, which may include contacting financial professionals in making any financial decisions.

Medipass and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Medipass platform for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Medipass and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Medipass and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Medipass Service, with the delay or inability to use the Medipass Service or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Medipass platform, or otherwise arising out of the use of the Medipass Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Medipass or any of its suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Medipass Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Medipass Service.

Security & Privacy

You must be a registered user to access the Service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name, or in an account attached to your biometric data (including face, fingerprint or other touch ID).

You must use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and you must notify Medipass immediately in the event of any suspected unauthorised access or use.

As a Practitioner, you will have a privacy policy that tells Medipass connected Members what data you access and how you will use, display, or transfer that data.  You will include a prominent link to or affirmatively share your privacy policy available to all connected Member accounts. For the purposes of the preceding paragraph, a Practitioner should consider a prominent link in accordance with guidance published in relation to Australian Privacy Principle 1.6. You will obtain explicit consent from connected Member accounts before using data for any purpose other than providing platform Services. You will use all reasonable efforts to protect and secure data from unauthorised use or disclosure, and will promptly notify connected Member accounts and Medipass where data is accessed or disclosed without permission.

If you are a security researcher and need to report a security issue, view our Responsible Disclosure of Security Vulnerabilities page.

Governing law

This agreement will be governed by the laws of Victoria, Australia.

Changes to policy

We reserve the right to make changes to this policy from time to time. Please review this policy periodically to check for updates. We may also advise you of changes to this policy by emailing the revised policy to the addresses you provide us.