Terms of Use

This website (referred to in these user terms as the Website) is owned and operated by NSMC Practice Pty Ltd ACN 695 435 708 (“NSMC Practice”), who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms. “You”, “your” and other similar grammatical forms refers to any person who may use the Website from time to time. The material on the Website is copyright © NSMC Practice Pty Ltd ACN 695 435 708. NSMC Practice offers secure cloud-based services (Services) that allow the safe collection, storage and disclosure of individuals’ personal information (which includes health information) in order to:

• Streamline and automate the billing of patients for medical practitioners, including by facilitating payment of billings by third party payers (such as Medicare Australia, private health funds, or other regulatory payers);
• Provide patient users a secure platform to pay any gap fees incurred from medical services provided by their practitioners; and
• Provide its users with statistical analysis of invoices, billings and practices, including with respect to the individual patients of medical practitioners we support.

Clients and Patients may use the Website (Platform) in accordance with these Terms of Use.

Definitions

‘Clients’ means any person or entity who engages us to provide them with Services. ‘GST’ has the same meaning as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). ‘Patients’ means any patient of a Client who has received, or is considering or planning to receive, medical services from a Client and whose information may be stored on NSMC Practice’s servers. ‘Services’ has the meaning set out above. ‘Services Fee’ means the fees paid by the Clients to us in consideration for our provision of the Services, as advertised and notified on our Platform from time to time.

The Platform is available for Clients and Patients to:

1.  Access and use, conditional on your acceptance without alteration of the terms and conditions set out below.

By continuing to access and/or use the Platform, you are agreeing to these Terms of Use; and 2. Upload material or information conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide upload material or information to the Platform you are agreeing to these Terms of Use. When you accept the Terms of Use on behalf of an employer, end user, or institution, you represent and warrant that you are authorised to do so by such entity by which you are employed or retained and for whose benefit you are using the Services. References herein to “you” and “your” shall mean “you and/or your employer, end user and your institution.”

Interpretation

1. the singular includes the plural and vice versa;
2. a reference to any legislation includes any statutory modification or re-enactment of, and any subordinate legislation issued under, that legislation or legislative provision;
3. a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
4. a reference to any gender includes all genders;
5. a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to the Terms of Use;
6. a reference to any party includes executors, administrators, substitutes, successors, and permitted assigns;
7. a reference to dollars or $ means the lawful currency of Australia;
8. where an expression is defined, another part of speech has a corresponding meaning;
9. a rule of construction does not apply to the disadvantage of a party because the party prepared the Terms;
10. general words are not limited by examples such as “including” or “for example”.

PART A: General terms of access to and use of the Platform (Terms of Access)

1. Use of the Platform

(a) Subject to PART B below, you may not use the Platform for any illegal purpose. This includes:

• the reproduction of the material in any material form;
• the distribution of the material in any material form;
• re-transmission of the material by any medium of communication;
• uploading or reposting the material to any other site on the internet; and
• “framing” the material on the Platform with other material on any other website.

(b) We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services in accordance with these Terms. (c) You may download material for your use provided copyright notices remain intact. (d) You may not modify or copy:

• the layout of the Platform; or
• any software or code contained in the Platform.

(e) You must use the Services lawfully and in accordance with all applicable laws. (f) You must not:

• Use the Services improperly, immorally, fraudulently or unlawfully;
• Alter, copy, reverse engineer or exploit the Services;
• Remove proprietary notices;
• Use Services for competing businesses;
• Circumvent security systems;
• Gain unauthorised access;
• Use Services for illegal or offensive purposes.

(g) At all times you must:

• be honest and ethical;
• provide accurate information;
• avoid disrepute or disruption;
• report any issues or breaches immediately.

2. Registration

• You must register to access certain Services;
• You must provide an email and password;
• You must:
  • keep your password confidential;
  • ensure details are accurate;
  • report unauthorised access.
• You are responsible for all activity under your account;
• You must manage authorised users and their access.

3. Links to other websites

• Links are provided for convenience only;
• We do not endorse or control third-party sites;
• We are not responsible for their content.

4. Taxes and GST

• Fees exclude taxes unless stated otherwise;
• You are responsible for paying all applicable taxes;
• GST applies in Australia and must be paid additionally;
• Adjustments will be handled as required by law.

5. Disclaimers and limitations of liability

• We do not verify third-party information;
• We provide Services without duty of care;
• We do not guarantee:
  • accuracy of content;
  • error-free operation;
  • security from viruses.
• We are not liable for:
  • loss of profits;
  • interruptions or errors;
  • damage to systems;
  • user misconduct.
• Liability is limited to Service Fees paid;
• You are responsible for backups and system protection.

6. Termination of access

• Access may be suspended or terminated at any time;
• No guarantee of continuous availability;
• All outstanding fees must be paid upon termination;
• We are not liable for termination consequences.

7. Alteration of Terms of Access

• Terms may be changed at any time;
• Continued use means acceptance of changes.

8. Use and disclosure of personal information

• We collect personal data such as name, email, and usage data;
• We comply with Australian privacy laws;
• You indemnify us against misuse or breaches related to your data.

9. Intellectual property rights

• All content remains our property;
• You may not reproduce or distribute without permission;
• You grant us a licence to use uploaded content;
• You waive moral rights where applicable;
• You must maintain backups of your data.

10. Relevant jurisdiction

• Invalid clauses do not affect remaining Terms;
• Governed by Queensland law;
• Disputes handled in Queensland courts.

PART B: Additional terms of use for Clients

1. Payment and Fees

• You agree to pay Service Fees;
• You appoint us as agent to:
  • issue invoices;
  • receive payments;
  • issue receipts;
  • invoice you for fees.
• You must complete required documentation;
• You indemnify us against claims and liabilities;
• We may update pricing;
• Failure to pay may result in:
  • immediate payment demand;
  • suspension of services;
  • interest charges;
  • recovery of legal costs.