Terms and Conditions
These Terms and Conditions apply to your use of the App and Website. The App and the Website are owned and operated by EasyVisit.
You accept these Terms and Conditions when you register for an Account. If you do not agree to these Terms and Conditions, you must delete your Account, immediately stop using our App or Website, and remove our App from your Device.
By registering for an Account, you warrant to EasyVisit that you are at least 18 years of age, that you are a resident of Australia, and that you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant that your parent or legal guardian consents to the registration of your Account and your parent or legal guardian accepts these Terms and Conditions on your behalf.
You acknowledge and agree that our App and Website are for personal, non-commercial use only.
(a) You can register for an Account through the App and/or Website by providing EasyVisit with your full name, date of birth, mobile number, and email address. You may only register for an Account in your own name, and you must not provide another person's Personal Information to register an Account.
(b) As part of the registration process, you will be required to:
(i) verify your mobile number by entering the six(6)-digit one-time password we send to you via SMS; and
(ii) create a password.
(c) The security of your password is very important. It may be used to access your Account and all Personal Information that you store on your Account, including your Health Information. You must keep your Password, and any record of it, confidential and secure it from any unauthorised access or use.
(d) You are responsible for all activity on your Account.
(e) You must immediately notify us of any unauthorised access or use of your Account, and you must take immediate steps to re-secure your Account in the event of unauthorised access or use.
Subject to your compliance with these Terms and Conditions, EasyVisit grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable licence to use the App and/or Website for the sole purpose of receiving the benefit of the functionality of the App and/or Website. You acknowledge and agree that EasyVisit may impose further terms or limitations on this licence from time to time.
(a) You can use your Account to access a range of functionality through the App and/or Website. Specifically:
(i) through the App and Website, you may book and manage your or your Family Members' appointments with Healthcare Professionals; and
(ii) through the App, you may:
(A) receive real time updates about your appointments;
(B) store Health Information; and
(C) store and receive notifications about your specialist referrals and your pathology or radiology requests.
(b) EasyVisit itself does not provide any medical or healthcare services through the App and/or Website. We provide the App and Website as a platform to enable you and other users to facilitate appointments with Healthcare Professionals for the supply of medical and healthcare services. You acknowledge and agree that EasyVisit:
(i) is not an agent or employee of any Medical Practice or Healthcare Professional listed on the App and/or Website; and
(ii) is not liable for the management of an appointment by any Medical Practice or the conduct of any Medical Practice generally; and
(iii) is not liable for the conduct or quality of any medical or healthcare services by any Healthcare Professional.
(c) Any information regarding any Medical Practice or Healthcare Professionals available through the App and/or Website are provided by the relevant Medical Practice. You acknowledge and agree that:
(i) EasyVisit may, but is not obliged to, verify information supplied by Medical Practices listed on the App and/or Website;
(ii) information made available on the App and/or Website may be incomplete or inaccurate at any time;
(iii) EasyVisit does not guarantee the timing of appointments made through the App and/or Website as the following factors are outside of EasyVisit's control:
(A) Medical Practice's management of patients and appointments;
(B) conflicting appointments; and
(C) failure of Healthcare Professionals to attend due to illness or other permitted leave.
EasyVisit recommends that you confirm your appointment directly with the relevant Medical Practice to avoid disappointment. Further, we strongly recommend you contact the relevant Medical Practice directly or call 000 if you have a medical emergency or require urgent attention.
4. Providing information to EasyVisit
(a) You have control over the information you give us, or is provided to us about you or your Family Members by the Medical Centres, specifically in relation to your Personal Information (including Health Information). The Settings section of the App and Website allows you to change the Personal Information and Health Information available through the App and Website about you or your Family Members. You acknowledge and agree that EasyVisit may alter or remove any information that you give us if we reasonably consider that it breaches the law or the rights of any third party.
(b) You agree to provide current, complete and accurate information for your Account and for any use with the functionality of the App and/or Website, and to promptly update your information so that we can maintain and manage our supply of the App and/or Website to you, and contact you as needed.
(c) EasyVisit may (but are not obliged to) keep any records or back ups of the information you give us or store on the App and/or Website, and we may provide access to you through the App and/or Website. However, you must keep and maintain a separate back-up copy of the information you give us if you require access to them in a different format or for longer than our usual retention period.
(a) Not all Devices are capable of accessing and using the App or Website. You are responsible for using, having or obtaining a compatible Device in connection with any access and use of the App or Website.
(b) EasyVisit is not responsible for:
(i) any inability of a Device to access the App or Website; or
(ii) any loss or damage to a Device from your access and use or attempted access and use of the App or Website.
(c) You may access and use the App or Website on any number of Devices, however, you may only access your Account on one Device at a time.
(a) You agree to provide current, complete and accurate information when making an appointment through the App or Website, including any information that may be relevant to your appointment with your Healthcare Professional. The App or Website will require you to verify the information you have provided by entering the five (5)-digit one-time password we send to you via SMS.
(b) If you are making an appointment for or on behalf of a Family Member, you:
(i) agree to procure your Family Member's consent to make that appointment using the App or Website for them;
(ii) have the requisite authority to bind your Family Member to these Terms and Conditions; and
(iii) you warrant that that your Family Member has consented to the disclosure of their Personal Information, including Health Information (by you or the Medical Centre), to EasyVisit so that EasyVisit may lawfully collect, use, and process that Personal Information as necessary to provide the functionality of the App or Website in accordance with these Terms and Conditions.
(c) If you have made an appointment for the provision of telehealth consultation, you acknowledge and agree that your Healthcare Professional will have the sole discretion to decide whether a telehealth consultation is the appropriate medium for the supply of medical or healthcare services to you. For example, medical or healthcare services requiring physical examination or pathology requests cannot be performed via telehealth consultation.
(a) All payments for any medical or healthcare services are processed directly by the relevant Medical Practice.
(b) You may incur charges from your Internet or mobile service provider for using the App or Website. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your Internet or mobile service provider directly.
(a) You may select whether you agree to receive Notifications from the App and/or Website on your Account. You may change your selection at any time by following the prompts on the App and/or Website.
(b) In some circumstances, Notifications may not reach your Device due to the requirements or limitations of the communications network or system outages or due to factors beyond EasyVisit's control, such as your Internet connection.
(c) We may, without notice to you, temporarily suspend or terminate Notifications for any reason.
9. Location Data
You may grant EasyVisit permission to access, collect, and use your Location Data to allow EasyVisit to provide you with the location-based functionality of the App and/or Website or other location-based services we may offer from time to time. For example, we can provide you with a calculation of the distance between your current Location and the Location of the Medical Centres nearest to you. If you do not want us to access, collect or use your Location Data, please disable this feature on your Device.
10. Analytics and cookies
11. Third Party Websites
EasyVisit may include links to Third Party Websites on the App and/or Website. For example, Medical Centres may include hyperlinks to their Third Party Websites. These links are provided for your convenience only and you acknowledge and agree that those Third Party Websites do not form part of the App and/or Website and are not under EasyVisit's control. You access those Third Party Websites at your own risk. We exclude all liability and responsibility for any loss or damage you may suffer as a result from accessing any Third Party Websites.
12. Acceptable Use
(a) You will not and will not attempt or permit any person to:
(i) record your password for your Account on your Device or on any article normally carried with your Device and which is liable to loss or theft with your Device;
(ii) permit any other person to use your Account; or
(iii) disclose your password to your Account or make your Account available to any other person (including a Family Member);
(iv) access and use the App and/or Website in a manner which could interfere with the App and/or Website or the access and use of the App and/or Website by other users;
(v) engage in conduct or activities which attempt to manipulate or bypass any limitations on the App and/or Website including anything that imposes an unreasonable or disproportionately large load on the App and/or Website or any network or website connected to the App and/or Website;
(vi) do (or omit to do) anything that may jeopardise the security of the App and/or Website or access to the App and/or Website;
(vii) resell, sub-license, resupply, provide a bureau service using, communicate or otherwise make available your Account to a third party;
(viii) post to the App and/or Website or transmit or distribute any code, files or programs designed to interrupt limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;
(ix) remove or tamper with any copyright, trade mark or other proprietary notice of ours or any other entity on the App and/or Website;
(x) commit or encourage a criminal offence; or
(xi) copy, reproduce, translate, decompile, disassemble, reverse-engineer, attempt to derive the source code, modify, vary or otherwise deal with the App and/or Website, any computer code underlying the App and/or Website or any content on the App and/or Website or any part thereof.
(b) You will:
(i) prevent anyone else seeing your password to your Account being entered into any Device; and
(ii) comply with all applicable laws in relation to your access to and use of the App and/or Website.
13. Availability, support, and updates
(a) You acknowledge and agree that the App and/or Website may be hosted, managed and supported by EasyVisit or by a third party cloud-based provider.
(b) Although EasyVisit will use commercially reasonable efforts to ensure the App and/or Website is available 24 hours a day, 7 days per week, the App and/or Website may become unavailable from time to time for any scheduled Updates or as a result of events beyond our reasonable control, such as:
(i) failure or default by any of EasyVisit's third party service providers;
(ii) abnormal usage volumes; or
(iii) your breach of these Terms and Conditions or your negligence.
In such an event, we will use commercially reasonable efforts to overcome such circumstances or mitigate their effects and resume full operation of the App and/or Website as soon as reasonably practical.
(c) EasyVisit will use commercially reasonable endeavours to ensure that the App and Website are subject to security measures consistent with accepted industry standards, however you accept that the Internet is not a fully secure environment and EasyVisit cannot guarantee that the App and/or Website will be secure, error free, uninterrupted or timely or that the App and/or Website or their related servers, are free of viruses, bugs or other harmful applications or interference. As such, you:
(i) provide information to us through the App and/or Website at your own risk; and
(ii) are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
(d) We may make Updates to the App and/or Website at any time. You acknowledge and agree that the App and/or Website may be unavailable for the purpose of us rolling out such Updates. We will use commercially reasonable endeavours to ensure that any Updates will not materially adversely impact your use of the App and/or Website.
(a) Each of you and EasyVisit will, in performing their respective obligations under this Agreement, comply with the Privacy Act, and neither party will put the other in breach of the Privacy Act.
(ii) sharing your Personal Information with your selected Medical Practice and Healthcare Professional; and
(iii) using your Personal Information to send you emails and SMS messages for the purposes of complying with our obligations under these Terms and Conditions.
(c) EasyVisit will only send you marketing material by electronic communications if you have given us permission to do so. By agreeing to these Terms and Conditions, you give us this permission unless you have already told us that you withdraw your consent. If we send you an electronic communication other than a communication containing no more than factual information (for example, an email advising you that these Terms and Conditions have changed), we will give you the option of not receiving further communications of this nature which will allow you to opt out of receiving electronic communications containing marketing material at any time.
(d) If you suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the App and/or Website, you must let us know immediately.
15. Intellectual Property Rights
(a) EasyVisit owns or is the licensee of all Intellectual Property Rights in the App and/or Website, including any Updates.
(b) You retain your Intellectual Property Rights in information you provide to EasyVisit through the App and/or Website, including your Personal Information.
(c) You grant us a non-exclusive, royalty-free, transferable, worldwide licence to use, and allow our personnel and service providers to use, your Intellectual Property Rights for the purposes of performing our obligations under these Terms and Conditions, and to further develop the App and/or Website. You warrant that EasyVisit's use of your Intellectual Property Rights will not infringe any third party's rights (including Intellectual Property Rights).
(a) To the maximum extent permitted by law, or any statutory consumer guarantee contained in any applicable law, the App and/or Website is provided on an 'as is' and 'as available' basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
(b) EasyVisit does not warrant and has no liability to any party (including to you) in relation to:
(i) the accuracy, completeness or reliability of information supplied by Medical Practices;
(ii) any Third Party Websites; or
(iii) services to the extent not provided by EasyVisit.
You indemnify EasyVisit against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you:
(a) did not observe any of your obligations under these Terms and Conditions; or
(b) acted wilfully, unlawfully, negligently or fraudulently in connection with these Terms and Conditions
(a) Nothing in these Terms and Conditions excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
(b) To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:
(i) in the case of goods:
(A) replacement or repair of the goods or supplying the equivalent goods again; or
(B) paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
(ii) in the case of services:
(A) supplying the services again; or
(B) paying the cost of having the services supplied again.
(c) To the full extent permitted by law, we are not liable to you for any Consequential Loss arising under or in connection with these Terms and Conditions.
(i) We may, without notice to you, limit, suspend or terminate your access and use of the App and/or Website at any time for any reason, including due to a breach of these Terms and Conditions or due to system failure, Updates or any other reason outside of our control.
(ii) You acknowledge and agree that you may lose saved data (such as your Personal Information) or your personal settings on the App or the Website, should we limit, suspend or terminate your access to the App and/or Website, at any time and that we are not responsible for any such loss.
(iii) You may terminate your use of the App and/or Website at any time by deleting your Account, immediately stopping your use of our App or Website, and removing our App from your Device.
20. Entire Agreement
(a) In the event that any provision of these Terms and Conditions is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms and Conditions, but that will not affect the validity and enforceability of any of the remaining provisions.
(b) If we fail or delay in the exercise or enforcement of any right or provision of these Terms and Conditions, that will not amount to a waiver of that or any other right or provision.
(c) These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your access to and use of the App and/or Website, and supersede any prior or contemporaneous agreements, communications or proposals, regardless of whether they were oral or written, between you and us (including any prior versions of the Terms and Conditions).
(d) Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
21. Governing law
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
22. Changes to these Terms and Conditions
(a) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the App or Website.
(b) It is your responsibility to check the App or Website periodically for changes.
(c) Your continued use of the App or Website after these Terms and Conditions have been changes or updated, will be taken to be acceptance of such changes or updates.
23. Contact information
Questions about these Terms and Conditions should be sent to EasyVisit.
In these Terms and Conditions:
(a) ACL means the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations.
(b) Account means your account set up for use with the App and/or Website, and which contains your Personal Information;
(c) App means the mobile application we offer from time to time through a communication network to enable you to book and manage your appointments with Healthcare Professionals, receive real time updates about your appointments with Healthcare Professionals, and store your Health Information, and store and receive notifications about your specialist referrals and your pathology requests.
(d) Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data).
(e) Device means a mobile device on which you have loaded the App or a mobile device or computer on which you have accessed the Website.
(f) EasyVisit means Sonic Clinical Services Pty Ltd trading as EasyVisit ABN 13 083 519 377, and us, we, and our have the same meaning.
(g) Family Member means a member of your household or any person who have consent to you making an appointment through the App or Website on their behalf;
(h) Healthcare Professional means a registered medical practitioner other healthcare or allied health practitioner in Australia;
(i) Health Information means information about your health or disability, including information or opinion about your illness, injury or disability.
(j) Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including Moral Rights), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same.
(k) Location means a geographic location in Australia.
(l) Location Data means the real-time geographic location of your Device, determined in accordance with your Device settings.
(m) Medial Practice means a medical centre or general practitioner clinic in Australia that has signed up to take bookings for appointments through the App and/or Website.
(n) Notification means any alerts, updates, or messages that the App or Website initiates and sends to you via your Device.
(o) Non-Excludable Rights means certain rights, consumer guarantees, warranties and remedies relating to the App and/or Website that is implied by the ACL which cannot be excluded, restricted, qualified or modified by EasyVisit.
(p) Personal Information has the meaning set out in the Privacy Act.
(q) Privacy Act means the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as amended.
(r) Third Party Websites means any websites operated by third parties.
(s) Update means an update, maintenance, addition or removal of any features or functionality, redesign, improvements, new versions, or any modifications to the App or the Website.
(t) Website means the online application we offer from time to time through our website located at easyvisit.com.au to enable you to book and manage your appointments with Healthcare Professionals.
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