User Terms - Consumers

Effective Date: 11 November 2020

1 These User Terms

1.1 Medipass Solutions Pty Ltd ABN 21 615 345 536 and its subsidiaries (Medipass, We, Our or Us) provide the digital health payment solution referred to as “Medipass”, together with its websites, APIs, and software programs or functionalities (the Service).

1.2 These User Terms set out the terms by which a Consumer is permitted to access and use the Service, including by visiting Our website or making a payment to a Service Provider, however do not govern any access or use that occurs via a Medipass Consumer Account (see here for the terms that apply to a Medipass Consumer Account). Any reference to ‘You’ or ‘Your’ is a reference to a Consumer. 

1.3 These User Terms do not apply to Service Providers.  The user terms that apply to Service Providers are located here.

1.4 You acknowledge and agree that Your access to, or use of, the Service constitutes Your acceptance of these User Terms and the contract that they form between You and Us. 

2 Payments and Claims

2.1 Where it is utilised by a Service Provider, the Service may enable You to:

(a) make payments to that Service Provider in exchange for the goods or services they provide to You (a Payment); and

(b) seek authorisation from private health funds, government agencies and schemes, insurance agencies, or other health payment programs (Third Party Partners) for certain claims which relate to the provision of goods or services by that Service Provider (a Claim).

2.2 You acknowledge and agree that We:

(a) are not party to the agreement or relationship between You and Your Service Provider or Third Party Partner; and

(b) make no representations or warranties in relation to, and accept no liability for Loss which arises in connection with,:

(i) the provision of goods or services to You by a Service Provider; or 

(ii) the handling of a Claim by a Third Party Partner.

2.3 When making a Payment, You:

(a) warrant to Us and to Your Service Provider that You are authorised to make the payment using the nominated credit or debit payment facility (Payment Method), and acknowledge that We and Your Service Provider will each rely on that warranty; 

(b) agree that, unless You indicate otherwise, We may store details of Your nominated Payment Method for use in future Payments via the Service; and

(c) agree to comply with the terms and conditions of the facility provider for Your Payment Method and Your Service Provider in relation to the Payment. 

2.4 When making a Claim, You authorise Us to:

(a) provide Your Personal Information (including details of Your instructed Payment Method) to the Third Party Partner; and

(b) submit the claim to or otherwise seek authorisation for the benefit sought from the Third Party Partner on Your behalf.

2.5 You authorise and instruct Us to act as an agent in connection with processing Payments or seeking authorisation for Claims You make via the Service. 

2.6 You acknowledge and agree that We:

(a) may delay, reject or fail to seek authorisation for any Transactions that We consider to be potentially fraudulent or unauthorised; and

(b) reserve the right, in Our sole discretion, to refuse to complete any Transaction that We suspect to be unauthorised or in potential violation of any law, rule, regulation or these User Terms or the terms and conditions of the relevant Service Provider, Third Party Partner or facility provider for the instructed Payment Method, or if We otherwise have reasonable cause not to honour it.

3 Third parties

3.1 The Service is provided to You in a way which integrates with a number of third parties (including the Service Providers and Third Party Partners).  These User Terms do not substitute or replace the terms and policies of any such third parties.

3.2 The Service may contain links to third party information and products (including those of the Service Providers and Third Party Partners).  Such content and links are not owned, operated or maintained by Us (or affiliated with Us in any way), unless this is expressly indicated.  We are not responsible for the content of any third party content which appears on or within the Service, and accept no liability or responsibility for Your actions or omissions in relation to such third party information, material, content and links.

4 Personal Information

4.1 You acknowledge and agree that:

(a) We will collect and handle any Personal Information that is provided to Us by You, or about You by a third party, in accordance with Our Privacy Policy.  If You do not agree to the terms of the Privacy Policy then You should not use the Service;

(b) We will use and disclose Your Personal Information for the primary purpose for which we have collected it, or for any other purposes specified in Our Privacy Policy; and

(c) among other things, Our Privacy Policy describes how You can get in touch with Us to request access to or correction of Your Personal Information, or make a complaint.

4.2 By using the Service, You warrant that You will only provide us with the Personal Information of a third party if You have obtained their express prior consent to Our collection of their Personal Information in accordance with this section 4.

5 Intellectual Property

5.1 Copyright in all content contained in the 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 Us or used by Us under licence.

5.2 Except as expressly provided otherwise, no ownership is transferred in, or other rights granted to the other party in, the Intellectual Property of a party.  

5.3 Any Intellectual Property that We develop under or in connection with these User Terms (including any changes, additions or improvement to the Service based on your feedback or usage) immediately and directly vests in Us upon its creation and will form part of Our Intellectual Property, unless We agree otherwise.  You acknowledge and agree that You have no ownership rights or interests in Our Intellectual Property.

6 Disclaimers and liability

6.1 Despite anything else in these User Terms, and to the extent permitted by law, We and Our contractors and suppliers:

(a) make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the platform or through the Service for any purpose; and 

(b) disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability or fitness for a particular purpose of the Service.

6.2 You agree that the Services are provided on an “as is” basis, and Your use of the Services is at Your own risk.  We are not liable for any Loss arising out of or in connection with the provision, use or performance of the Service.

6.3 You acknowledge and agree that:

(a) the nature of the Service involves the transmission of Transaction requests, data and other information over the internet, which is an inherently insecure environment;

(b) such transmission may be delayed, misdelivered or incomplete, and may be read or altered by third parties in transmit; and

(c) We will not be liable to You or any other person or entity for any failure by Us to perform Our obligations in relation to a Transaction that is not received by Us, or the loss, alteration or disclosure of information or data which is caused by circumstances beyond Our direct control.

6.4 Any advice received via the Service should not be relied upon for personal, medical, financial or legal decisions and You should consult an appropriate professional for specific advice tailored to Your situation.

6.5 You indemnify and hold Us and Our officers, employees and agents harmless against all Loss suffered or incurred by You or a third party in connection with any:

(a) breach of these User Terms;

(b) wilful misconduct or misrepresentations; or

(c) unlawful or negligent act or omission, by You or Your representatives.

6.6 To the extent that any guarantee, warranty, term or condition is implied or imposed into these User Terms by legislation, and liability for breach cannot be excluded but can be limited, then Our liability for breach of that guarantee, warranty, term or condition is limited to (at Our option):

(a) the re-supply of the Services, or payment for the cost of re-supply of the Services; or

(b) the replacement or repair of goods, or payment of the cost of replacement or repair.

7 General

7.1 Jurisdiction: These User Terms are governed by the laws of Victoria, Australia.  You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.

7.2 Severability: If any of these User Terms are invalid, unenforceable or illegal, the remaining User terms will continue to apply.

7.3 Variation: At Our sole discretion, We may amend or vary these Terms at any time and for any purpose.  If We do so, We will publish the amended version on Our website which will apply to Your use of the Service from the date of publication.

7.4 Assignment: You must not assign or novate these User Terms or otherwise deal with a benefit or a right under them without Our prior written consent, which may be withheld at Our absolute discretion.  We may novate or assign Our rights and obligations under these Terms of Use at any time and without notice to You.

8 Definitions

In these User Terms:

Claim has the meaning given to that term in section 2.1(b).

Consumer means any individual or organisation who is not a Service Provider.

Intellectual Property means all intellectual property rights throughout the world, whether registered or unregistered, including rights in respect of copyright, designs, circuit layouts, trademarks, know-how, confidential information, patents, inventions and discoveries and the right to apply for registration of such rights.

Loss means any direct or indirect loss, damage, liability, charge, claim, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs on a full indemnity basis, and any lost profits or data.

Medipass Consumer Account means a registered account through which a Consumer may access the Service using secure login details.

Payment has the meaning given to that term in section 2.1(a).

Payment Method has the meaning given to that term in section 2.3(a).

Personal Information has the meaning given to that term by the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means Our privacy policy, as published at and as may be varied from time to time.

Service has the meaning given to that term in section 1.1. 

Service Provider means any organisation or individual who We permit to access or the Service to process payments, claims or other benefits in relation to their provision of goods and services, such as:

(a) health or medical service providers;

(b) merchants of approved goods and services delivered under a health insurance or other benefit scheme; or

(c) any other business which delivers approved goods or services.

Third Party Partners has the meaning given to that term in section 2.1(b).

Transaction means a Payment or a Claim.

User Terms means these terms which set out the basis by which We permit You to access or use the Service.