Terms and Conditions

1.1 These terms and conditions (Terms) are entered into between MediLeave ABN 78 809 838 618 (we, our or us) 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 non-emergency healthcare or medical services via telehealth including the provision of a medical/sick leave certificate, specialist referral, pathology referral, prescriptions (Services) and recommend a course of action to assess your health.

1.3 You accept these Terms by the earlier of:

1. accepting these Terms on the Platform;
2. filling out the consultation form on our Platform (Consultation Form); or
3. 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 govern your access and use of all MediLeave branded applications, websites (including our website and platform located at https://doccymed.com), 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.

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

1. taking feedback about the MediLeave Platform;
2. improving and modifying the MediLeave Platform (at our discretion); and
3. 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:

1. we do not offer or provide the Services or any other medical or health products, and any communication from us or our staff does not constitute medical advice or the provision of a health service;
2. we do not employ any Partner Healthcare Practitioners or pharmacists (Pharmacists), nor are such Partner Healthcare Practitioners or Partner Pharmacies (Partner Providers) our representatives or agents;
3. we are not responsible for, and have no control over, the use of the MediLeave Platform by any other person (including you);
4. we are not responsible for, and do not control, the Services or any other medical or health products or services provided by Partner Healthcare Providers; and
5. 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.

3.1 When requesting a consultation or service, you must provide us with your personal details such as personal email and/or your mobile number to receive and manage the Services.

3.2 You must ensure:

1. that you do not provide access to your Account to any third parties (including family members or friends);
2. that all information that you provide to set up your Account is true, accurate, complete and up to date; and
3. that you maintain the security, integrity and confidentiality of your email, mobile phone and your Account.

4.1 You represent and warrant that:

1. you are at least 16 years of age;
2. you have the legal right, authority and capacity to agree to, and abide by, the Terms;
3. are capable of consenting to any health or medical treatment;
4. you have an Australian residential address;
5. you will be located in Australia each time you request a Service with an Australian registered phone number; and
6. all the information that you provide to us and each Partner Healthcare Provider is true, accurate, complete and up-to-date.

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

1. you will comply with our fair use policy;
2. you are not able to choose the Partner Healthcare Provider that provides a Service to you;
3. we do not guarantee the existence, availability, suitability, legality or safety of the MediLeave Platform, the Services or any other products or services;
4. we do not warrant that the Services are suitable for you or for any of your conditions; and
5. a Partner Healthcare Practitioner will only consider one requested outcome for each request for the Service.

4.6 You may end a Consultation at any time during the call. Partner Healthcare Practitioners may discontinue a Consultation at any time if you are abusive, behave inappropriately, or otherwise have the discretion to withhold or decline to provide treatment.

4.7 For all Services the Partner Healthcare Practitioner will attempt to contact you three times at the phone number provided. If, after three attempts, you fail to answer, no further attempts will be made and you will be charged the applicable fee. This fee is non-refundable.

4.8 To ensure the effectiveness of the Service, it is crucial that you provide complete and truthful answers to all questions asked during the Consultation.

Children (15 years and younger): 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.

You agree that:

1. when you engage with a Partner Practitioner, you enter into a "practitioner-patient" treatment relationship with that Partner Practitioner;
2. we are not a party to that relationship and we are not liable for any Partner Healthcare Practitioners' acts and omissions;
3. your Partner Healthcare Practitioner is solely responsible to you for the Health Outcomes that they provide;
4. your relationship with Partner Healthcare Practitioners does not replace the role of an in-person medical practitioner;
5. it is your responsibility to advise your general practitioner of any Health Outcomes provided by a Partner Practitioner;
6. if you suffer from any noticeable side effects from a Health Outcome, you must immediately consult with your general practitioner or contact us;
7. 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; and
8. 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.

MediLeave is not a party to the health professional-patient relationship between you and a MediLeave Partner Healthcare Practitioner.

You agree that:

1. Partner Healthcare Practitioners have complete discretion to determine whether a Health Outcome is appropriate for you; and
2. MediLeave and Partner Healthcare Practitioners do not guarantee that you will receive the Service or a Health Outcome. You acknowledge that Partner Practitioners are unable to prescribe controlled, addictive or Schedule 8 medications, weight loss injection medications, or provide backdated medical certificates.

Unless otherwise provided by MediLeave, you agree that:

1. the Services provided by Partner Healthcare Practitioners are not covered by Medicare; and
2. bulk billing and Medicare rebates are not available for Services provided.

8.1 You may cancel your Scheduled Booking at any time by emailing us. Any scheduled booking cancelled with less than 4 hours notice will incur a $5.00 cancellation fee which will not be refunded.

8.2 If you do not attend your Scheduled Booking or do not respond to any of the 3 attempted calls, 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.

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. If we cancel due to a lack of available medical practitioners, we will provide you with a full refund.

9.1 Neither we, nor the Partner Health Practitioners using our Platform, guarantee that a certificate will be provided. Provision of any health services 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.

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 unless specifically 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 reserves the right to monitor certificate requests usage and take necessary actions if any abuse or excessive use is detected.

9.9.1 You may be issued a certificate by a Partner Pharmacist or Nurse Practitioner working within their scope of practice. In this case, it will be titled sick leave/absence certificate, not a medical certificate.

9.9.2 Amendments to Certificates: A fee will apply if MediLeave is required to re-issue/amend an issued certificate caused by a user's negligence (e.g. spelling mistake, incorrect information).

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

9.9.4 University or School Certificates: MediLeave does not guarantee that your medical certificate will be accepted by your institution. It is your responsibility to verify your university or school's policy regarding the acceptance of online medical certificates.

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.

10.2 Should you experience any noticeable side-effects from any medications prescribed during the Telehealth Service, you should immediately schedule a further Telehealth Service or attend your regular general practice.

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.

10.4 A Partner Healthcare Practitioner has the absolute discretion to refuse prescribing medication, issuing repeat prescriptions, or providing any other 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 which require follow up discussion.

10.6 To the extent permitted by law, we are not responsible for any third-party services provided in response to requests or specialist referrals or any medication prescriptions made by a Partner Healthcare Practitioner.

You acknowledge and agree that a Partner Healthcare Practitioner can refer you to a Third Party Medical Provider where they consider it medically appropriate. Complex referrals may not be provided as these often involve detailed patient history or multi-faceted medical conditions.

You acknowledge that:

1. We are not a party to, or a participant in, any contractual relationship between you and Third Party Medical Providers;
2. The Third Party Medical Providers are not our employees or representatives;
3. The Doctors/Partner Healthcare Practitioners have full and absolute discretion in determining whether referral is suitable for you; and
4. We do not guarantee that a Doctor/Partner Healthcare Practitioner will refer you to a Third Party Medical Provider following a Consultation.

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.

12.3 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means.

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.

12.6 We reserve the right to refuse or cancel your order at any time.

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

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. COVID-19 antivirals are not provided through this booking.

Refunds, if applicable, will only be made using the online payment gateway to the card originally used for payment. Refunds may take up to 10 working days to appear on a card statement.

14.1 You are not eligible for a refund if you request a cancellation or refund on a certificate due to errors caused by your negligence.

14.2 Requests for refunds for Consultations are determined at the sole discretion of MediLeave and/or the Partner Healthcare Practitioner. Subject to Australian Consumer Law, refunds will not be available where you are dissatisfied with the standard of treatment or medical services rendered.

14.3 We will refund you if the Healthcare Practitioner cancels the appointment prior to it commencing, or if there is a technological failure that prevents an effective Consultation.

14.4 We will provide a full refund if we do not have any available medical practitioners to attend the Consultation.

14.5 If, after three contact attempts, you fail to answer, you will be charged the applicable fee. This fee is non-refundable.

14.6 The duration of each Consultation is based on the type of Service requested. You may end the Consultation at any time, however will be charged for the full duration.

14.7 Should the consultation be cancelled due to your inappropriate behaviour, you will not be entitled to a refund.

14.8 A refund will NOT be provided if an employer or other agency rejects your medical certificate.

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. The entire cost of the Consultation must be paid by the patient in advance.

16.1 Your personal (including sensitive and health) information will be collected by MediLeave on or via the Platform. MediLeave's Privacy Policy explains how MediLeave handles your personal information.

16.2 We use an external cloud clinical software provider, Halaxy, to collect and store your information and medical records.

16.3 We cannot guarantee the security of any information collected by external service providers.

16.4 Any information we collect from you through Halaxy serves one purpose only — to deliver our online health services safely and securely.

16.5 Unless required by law, your medical information will be kept confidential.

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.

While we strive to always make our Platform available to you, we do not make any commitments to the availability or uptime. Access to our Platform may be disrupted during certain periods. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by third parties.

You may use Service only for lawful purposes and in accordance with Terms. You agree not to:

1. Use the Service in any way that violates any applicable law or regulation
2. Exploit, harm, or attempt to harm minors in any way
3. Transmit any "junk mail", "chain letter," "spam," or similar solicitation
4. Impersonate any person or entity
5. Engage in any conduct that is illegal, threatening, fraudulent, or harmful
6. Use any automated means to access the Service without written consent
7. Introduce viruses, trojan horses, or other harmful material
8. Attempt to gain unauthorised access to or interfere with the Service
9. Attack Service via denial-of-service attacks

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

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

You may provide us directly at info@doccymed.com or via third party sites with information and feedback concerning errors, suggestions for improvements, and other matters related to our Service ("Feedback"). You acknowledge that we may have development ideas similar to the Feedback and that we are not under any obligation of confidentiality with respect to the Feedback.

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.

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 is at your sole risk.

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. 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.

We may terminate or suspend your account and bar access to Service immediately, without prior notice, for any reason whatsoever. If you wish to terminate your account, you may simply discontinue using Service.

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. MediLeave uses cookies to track and collect information about which parts of the Platform are being visited. If you would rather not have this information stored, you can configure your browser to not accept cookies.

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service.

We reserve the right to withdraw or amend our Service in our sole discretion without notice.

We may amend Terms at any time by posting the amended terms on this site. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

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.

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.