Terms of Service

Last Updated: Sep 27,2024]

1. Introduction

Welcome to the MedCertify platform, accessible at www.medcertify.com.au. We are the owners and operators of the “MedCertify” platform.

In these Terms of Service, “we,” “us,” and “our” refer to MedCertify. Your use of the platform is governed by these Terms of Service. By using the platform, you agree to adhere to these Terms, which, along with our Privacy Policy, regulate your access to and utilization of the platform.

2. Disclosure

We provide a service that enables you to receive personalized and comprehensive health diagnostics and insights through online assessments and consultations with MedCertify Partner Doctors (the “Services”). In case of immediate medical needs, please contact your primary care physician or call 000.

If you have concerns about the severity of your condition, the appropriateness or effectiveness of our Services, or if you believe you or someone else is in an urgent, dangerous, or emergency situation, refrain from using our Services. Instead, contact 000 immediately or seek alternative medical services.

Our role is limited to directing you to an appropriate third-party Australian registered Doctor or specialist. The MedCertify Partner Doctor or specialist may, based on their own judgments, medical expertise, and assessment, recommend alternative treatments. We are not liable for, and do not guarantee, the medical advice, products, or services provided by third parties, including MedCertify Partner Doctors.

Upon your payment of the Fees, we commit to delivering the Services as specified in these Terms. If these Terms specify a timeframe for providing Services, we will make reasonable efforts to fulfill this timeframe. However, you acknowledge that any specified time is an estimate and may be subject to change.

Currently, MedCertify’s functionality is restricted to issuing single-day medical certificates exclusively. This comprehensive Terms of Service has been prepared in anticipation of the services we plan to expand in the foreseeable future. At this stage, Clauses 3, 4, 5.2, and 6 are deemed irrelevant.

3. Telehealth Consultations

When utilizing services through the MedCertify platform, you must provide truthful, accurate, and complete information, ensuring no omission of relevant details related to the services you are seeking. Failure to provide honest and accurate information or omitting relevant details may impact your ability to receive the full benefit of these services.

As long as you comply with these Terms, you are permitted to request or engage in a Telehealth Consultation through the Platform at any time. However, Med Certify Partner Doctors are available only during specified hours, as advertised on the website.

The responsibility for healthcare services lies solely with the Med Certify Partner Doctors, who operate independently of MedCertify. MedCertify is not involved in, nor liable for, the services provided by MedCertify Partner Doctors, including compliance with professional obligations and privacy laws.

MedCertify does not guarantee the appropriateness of a Telehealth Consultation for your specific healthcare condition. The MedCertify Partner Doctor will determine if such consultation is suitable and decide on the medical services needed.

In case of changes in your medical condition or worsening symptoms, you must contact your regular doctor immediately. For urgent care, reach out to local emergency services. If you experience noticeable side effects from any medication or treatment, consult your regular doctor or contact MedCertify for further consultation with a MedCertify Partner Doctor.

Recording phone consultations is prohibited unless you obtain explicit written consent from the MedCertify Partner Doctor beforehand.

MedCertify does not guarantee consultations with a specific MedCertify Partner Doctor. MedCertify Partner Doctors may refuse to prescribe medication, issue repeat prescriptions, or provide certain services or referrals at their discretion, without grounds for a refund.

4. Medicine Prescriptions

The responsibility for prescribing any medications lies solely with the consulting MedCertify Partner Doctor, who will make decisions based on their professional judgment, taking into account your health conditions and medical history. This is done to ensure that prescriptions are both appropriate and safe for your use. If the MedCertify Partner Doctor deems that a requested medication is unsuitable or unnecessary for your treatment, they reserve the right to refrain from prescribing it. In such instances, a refund for the consultation will not be possible.

4.1 E-Script Delivery: After your Telehealth Consultation, the prescription for your medication will be digitally processed as an e-script and sent to you via SMS. Typically, this process is completed within approximately one hour post-consultation. However, delays of up to 12 hours may occur if Medicare details or the Individual Healthcare Identifier (IHI) provided are missing or incorrect. The IHI is crucial, especially if you do not possess a Medicare card. Details received beyond our operating hours will be addressed the following business day. Providing accurate and complete information is essential to avoid unnecessary delays in receiving prescriptions. You can fulfill your prescription at a pharmacy of your choice.

4.2 Prescription Limitations: Within a single Online Prescription Consultation, only one medication can be prescribed for your condition, and repeat prescriptions are not issued. If further treatment is required after consuming the prescribed medication, scheduling another consultation is necessary.

4.3 Multiple Medications: If you wish to obtain more than one medication, you can request this through either our standard or long consultations. Repeats and multiple medications may be prescribed at the discretion of the MedCertify Partner Doctor.

4.4 Special Category Prescription: MedCertify Partner Doctors cannot prescribe certain substances, including controlled, addictive, or Schedule 8 medications through the MedCertify platform under any circumstances.

5. Medical Certificates

5.1 Single-Day Medical Certificates:
Medical certificates for a single day are issued on the same day as your request, ensuring that the certification of your health condition is based on the most accurate and timely assessment by our medical professionals.

5.2 Multi-Day Medical Certificates:
Multi-day medical certificates may be provided, but they will not extend beyond three days from the date of the Consultation.

5.3 Privacy and Confidentiality:
To uphold patient privacy and confidentiality, specific patient conditions are not included on the medical certificate. The certificate simply verifies that you have a medical condition and are unfit for work or school.

5.4 Accuracy of Details:
You must ensure that all details provided during your booking are correct, as the medical certificate cannot be amended once issued.

5.5 Consultation Requirement for Minors:
For patients under the age of 17, a Consultation is required before issuing a medical certificate.

5.6 Limitations on Medical Certificates:
MedCertify Partner Doctors are unable to provide the following types of medical certificates:

  1. Backdated medical certificates;
  2. Centrelink medical certificates;
  3. Bail hearing medical certificates;
  4. Medical consultations for patients less than six months old;
  5. Workers’ compensation;
  6. Travel insurance claims;
  7. Any type of medical certificate citing fitness for a specific activity (“fit for ‘x'”);
  8. Return-to-work certificates.

6. Referrals

You acknowledge and agree that a MedCertify Partner Doctor may refer you to a Third-Party Medical Provider when deemed medically appropriate and in accordance with their legal obligations.

However, complex referrals may not be provided due to the intricate nature of patient history, multi-faceted medical conditions, or a high level of specialization that requires extensive knowledge about a patient’s unique medical situation.

Additionally, you acknowledge and agree that:

  • MedCertify is not a party to, or participant in, any contractual relationship between you and Third-Party Medical Providers.
  • Third-Party Medical Providers are not employees or representatives of MedCertify .
  • MedCertify Partner Doctors have full and absolute discretion in determining whether a pathology or radiology request is suitable for you.
  • We cannot assure that a MedCertify Partner Doctor will recommend a specific test you may request after a telehealth consultation.

7. Third-Party Providers

You recognize and consent to the fact that access to the Platform may depend on various third-party providers (Third-Party Providers), such as IT or CRM providers. It is your responsibility to adhere to the terms and conditions established by these Third-Party Providers (“Third-Party Terms”).

If you do not agree to any Third-Party Terms, it may impact our ability to provide the Services. To the fullest extent permitted by law, MedCertify will not be held liable for, and you hereby waive and release us from, any liability caused, contributed to, arising from, or connected with any Third-Party Terms.

This clause (Clause 7) will endure beyond the termination or expiration of these Terms.

8. Price and Payment

All charges and prices displayed are in Australian Dollars and include GST (if applicable).

The specific amount payable for each service will be communicated to you when you request the services as described in Clauses 4, 5, and 6.

MedCertify will only initiate debit transactions against your nominated account as authorized in these Terms. If a consultation exceeds a designated time limit, your nominated card will be charged automatically once it surpasses the specified duration.

Cancellation of your Telehealth Consultation before commencement will not incur any charges. For each successful payment, MedCertify will send you a receipt confirming payment to the email address you provided.

MedCertify reserves the right, at its sole discretion, to modify the fees and payment terms for services at any time. Changes to fees or payment terms become immediately effective upon publication on the Platform and apply to services requested after the change. If you have booked or paid for services before a change is published but have not received those services before the change takes effect, you will not incur additional charges for the applicable services.

Services provided by MedCertify Partner Doctors through the Platform are not covered under Medicare Australia, and no Medicare rebate is available. Bulk billing is not offered. If you are eligible for private health insurance benefits, you are responsible for submitting the paid invoice to your insurer to claim any eligible benefits.

Due to the absence of a Medicare item number, we cannot provide a detailed invoice for private health insurance claims. The full cost of the consultation must be paid by the patient in advance.

You are solely responsible for maintaining the accuracy of your details, including private health insurance information and bank account or credit card details for receiving payments. MedCertify disclaims all liability for claims or payments that cannot be processed due to incorrect information provided by you.

8.1 Payment Process:
Payment is required via credit card or debit card when you request the services outlined above.

8.2 Third-Party Payment Providers:
We may offer payment through a third-party provider, such as 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.

8.3 Payment Methods:
You must not pay, or attempt to pay, the fees through fraudulent or unlawful means. If you use a debit card or credit card for payment, you warrant that you are authorized to use that card for the payment. For payments made via direct debit, by providing your bank account details and accepting these Terms, you authorize our nominated third-party payment processor to debit your account as per these Terms, certifying that you are either the account holder or an authorized signatory on the provided account.

8.4 Security of Payment Information

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

9. Refund Policy

Refunds after Telehealth Consultations or Digital Consultations are solely at the discretion of MedCertify and MedCertify Partner Doctors.

Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms. They will not be refundable for Consultations that do not result in the provision of a script, referral, medical certificate, or other documentation based on the clinical judgment of MedCertify Partner Doctors. The decision to provide prescriptions, treatment, referrals, medical certificates, or any documentation is subject to the clinical judgment of the MedCertify Partner Doctors.

If the failure to engage in the telehealth consultation is due to your unavailability, you will not be entitled to a refund under any circumstances.

Refunds can only be issued to the payment method or credit card used for the original charge. The refund process may take up to five working days to be processed and reflected in your card statement.

10. Cancellations

You can cancel a telehealth consultation or repeat prescription request by emailing us before the Consultation. Please identify your Booking and request its cancellation in the email. Confirmation of the cancellation will be provided in writing. Note that cancellations must occur before the consultation with the MedCertify Partner Doctor begins.

For same-day medical certificate request bookings, cancellation is only possible before the MedCertify Partner Doctor reviews the request. The cancellation request must be received via email, clearly identifying your same-day medical certificate request. A refund can be issued if the cancellation email is received and confirmed before the MedCertify Partner Doctor reviews the request. Once the medical certificate is issued, a refund cannot be processed.

Our Right to Cancel: We may cancel your request if you fail to pay the required fee or if there are no available MedCertify Partner Doctors for the consultation. In the event of cancellation due to a lack of available MedCertify Partner Doctors, a full refund will be provided.

We reserve the right to cancel your consultation in progress under the following circumstances:

  • Abusive or inappropriate conduct towards the MedCertify Partner Doctor.
  • Technical issues.
  • If the MedCertify Partner Doctor deems the telehealth consultation unfit for the circumstances.
  • If your medical condition requires immediate in-person attention.

Cancellation due to inappropriate behavior will not entitle you to a refund. However, if cancellation arises from technical difficulties, a full refund will be issued.

11. Medical Records

This agreement entails retaining relevant medical records (Records) in strict compliance with all applicable laws, including adherence to mandated data retention periods. The Records will be stored electronically by us throughout and after the Term, considering our statutory obligations under the relevant laws.

You acknowledge and agree that the Records are and will remain the property of MedCertify. In case of termination or expiration of these Terms, you retain the option to request a transfer of the Records to your current health practitioner.

12. Privacy

Your personal information, including sensitive and health data, will be collected by MedCertify when you create a Personal Account, request a Service, undertake a Telehealth Consultation or Digital Consultation, or access the Services in any way. The handling of your personal information is outlined in MedCertify’s Privacy Policy, available at www.medcertify.com.au/privacy/. The Privacy Policy provides details on how you can:

  • Seek access to and/or correct your personal information held by MedCertify.
  • Submit a privacy query or complaint to MedCertify and outlines how MedCertify will address your complaint.

By using the Platform, you agree to MedCertify using your personal information in accordance with its Privacy Policy. Each Party acknowledges that monetary damages may not be sufficient redress for a breach of this clause. A Party reserves the right to seek an injunction or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or ongoing breach) of this clause.

13. Australian Consumer Law

Certain legislation, such as the Australian Consumer Law and analogous consumer protection laws and regulations, may confer upon your rights, warranties, guarantees, and remedies related to the provision of our services to you that cannot be excluded, restricted, or modified (Consumer Law Rights). To the extent that you retain Consumer Law Rights as prescribed by law, nothing in these Terms negates those rights.

Subject to your Consumer Law Rights, we supply all materials, work, and services (including the Services) to you without any implied or explicit conditions or warranties of any kind, whether under statute, common law, or any other legal basis, except where expressly outlined in these Terms.

This Clause 13 will persist beyond the termination or expiration of these Terms.

14. Your Obligations

You agree to (and, to the extent applicable, ensure that your personnel agree to):

  • Comply with these Terms, all applicable laws, and our reasonable requests.
  • Provide us with all documentation, information, instructions, cooperation, and access reasonably necessary to enable us to provide the Services, including your Medicare card number and IHI number.
  • Confirm that all information and documentation provided to us in connection with these Terms is true, correct, and complete.
  • Not disclose, attempt to disclose, or provide access to the Services to third parties without our prior written consent.

You agree to pay for any additional costs reasonably incurred because of your failure to comply with this clause.

15. Disputes/Complaints

In the event of any dispute or complaint arising from your use of the MedCertify Platform, please contact MedCertify at [email protected].

If your dispute or complaint pertains to matters for which we are responsible:

  • Prompt Notification: You must notify us of the nature of the dispute as soon as practicable.
  • Discussion: Our nominated representative will engage in discussions with you to address the dispute.
  • Third-Party Resolution: If the discussion fails to resolve the issue, the matter will be referred to an independent third party. The third party will be selected by mutual agreement between you and us. In the absence of agreement, the selection will be made by the President of the Queensland Law Society.
  • Expert Decision: The appointed expert will make a decision on the dispute, and both parties are bound by the expert’s decision.
  • Cost Sharing: The cost of the expert will be shared equally between the parties.
  • No Court Proceedings: You may not initiate any proceedings against us in any court or tribunal unless the established process for resolving disputes with us has been followed.

If your dispute or complaint concerns matters for which a MedCertify Health Practitioner is responsible:

  • Referral: We may refer the complaint to the relevant Health Practitioner.
  • Limited Responsibility: You acknowledge that we bear no additional responsibility for resolving complaints related to matters for which a Health Practitioner is responsible.

This process ensures a structured and fair resolution mechanism for disputes or complaints, promoting effective communication and impartial resolution.

16. General

Governing Law and Jurisdiction:

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and the Commonwealth of Australia for matters related to these Terms, its performance, or subject matter.

17. Definitions

In these Terms, unless the context otherwise requires, capitalized terms have the meanings given to them in the Schedule, and:

  • Australian Consumer Law: Refers to the Australian Consumer Law outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Digital Consultation: Refers to the provision of initial health information by answering a series of specific questionnaires to request a prescription, pathology test, specialist referral, or medical certificate.
  • MedCertify: Refers to MedCertify Pty Ltd with the Australian Business Number (ABN) [insert ABN].
  • MedCertify Partner Doctors: Australian-registered doctors providing services through the Platform.
  • Platform: Encompasses the website at www.medcertify.com.au.
  • Services: Refers to the services provided, as detailed in clauses 3, 4, 5, and 6.
  • Terms: Refers to the Terms of Service outlined in this document.
  • You or your: Denotes the individual accessing the Services through the Platform.
  • Liability: Refers to any legal, financial, or obligation-related aspects, including costs, expenses, legal responsibilities, losses, damages, claims, notices, entitlements, investigations, demands, proceedings, or judgments, whether direct or indirect, present or future, and involving third parties or the parties to these Terms.
  • Third Party Provider or Third-Party Providers: Refers to third parties or their services such as IT providers, which we may refer to you.
  • Third Party Medical Provider or Third-Party Medical Providers: Refers to third parties or medical services provided by third parties, including medical practitioners or specialists in areas such as pathology or imaging.
  • Force Majeure Event: Refers to an unforeseen and uncontrollable circumstance or event that prevents a party from fulfilling its contractual obligations. These events are typically beyond the control of the parties involved and could not have been anticipated or mitigated.

If you have any questions regarding these Terms and Conditions, please contact us at:

Email: [email protected]