Find My Appointment

Find My Appointment | My Appointments

Main User Terms of Use

1. Introduction

Welcome to the Find My Appointment online directory (FMA) and My Appointments platform (MA), owned and operated by FMA Operations Pty Ltd (ABN 43 643 625 689) (we, us or our).

FMA is an online directory that includes information about natural health practitioners/ providers, including sole practitioners and those within multi-practitioner (and multidisciplinary) clinics/practices, which visitors to the website can use to search for and contact practitioners.

MA is an online platform (including an associated mobile application (App)) that includes functionalities that practitioners can use to manage their natural health practices, take bookings for appointments, and interact with their patients (including engaging in virtual telehealth consultations).

You are a health practitioner/provider wishing to list your services on an online directory and/or requiring a practice management and appointment booking platform for your natural health practice (Practice) (which may be a sole practice or may include other practitioners/providers). You have decided to adopt MA for and/or on behalf of your Practice, for the purposes of practice management and appointment booking in your Practice.

These Terms of Use (including any attachments and linked information) set out the terms on which you and other members of your Practice may access and use the FMA and MA online platforms and services.

2. Accepting these Terms of Use

In order for you (or any other members of your Practice) to use FMA and/or MA you must first agree to these Terms of Use by clicking on the “accept” check-box (or as otherwise prompted on MA) indicating that you have read and accept these Terms of Use before you can access your account.

Also by using and continuing to use FMA and MA, you confirm and accept that you have read, understand and agree to these Terms of Use as a legally binding agreement between us and you.

By registering or setting up a Main User account on MA, you are representing that you are the proprietor of the Practice or you are authorised by the proprietor(s) of the Practice to do so on behalf of the Practice. As such, by clicking on the “accept” check-box at registration, and by using and continuing to use FMA and MA, you confirm and accept as the authorised representative of the proprietor(s), and the proprietor(s) by you as their authorised representative confirm and accept, that these Terms of Use are a legally binding agreement between us and the proprietor(s) as well. Accordingly, except as otherwise indicated, the word “you” and any variations of the word in these Terms of Use shall be deemed to be a reference to you in your individual personal capacity and to the proprietor(s).

If you do not accept these Terms of Use, you must not and cannot use FMA or MA and you and all other members of your Practice must immediately cease all use of FMA, MA and their features, functionalities and services.

From time to time we may make changes to these Terms of Use, which we may make known to you through a popup or banner on MA and/or by email to your address specified in your account details. Your continued use of FMA and/or MA constitutes acceptance of our changed Terms of Use.

3. Account registration and management

1. Eligibility: To access and use FMA and MA as a Main User and hold and operate the Main Account you must be, and you represent and warrant that you are:

18 years of age or older;
a health practitioner or provider with a current practising registration with AHPRA or a current fully paid up membership of at least one of the professional bodies or associations listed on our website at https://myappointments.app/association-list/, and you must remain so during the Term; and
an employee, contractor, director, officer, principal or (whole or part) proprietor of the Practice and (where you are not the sole proprietor) authorised by the proprietor(s) and/or management of the Practice to adopt FMA and MA for the Practice and enter into these Terms of Use on your own behalf and on behalf of the proprietor(s) of the Practice.

We reserve the right to accept or reject any account registration in our absolute discretion.

2. Licence: On becoming a registered MA account holder, we grant you (and any approved Sub-Users, as defined below) a non-exclusive, non-transferrable licence, in Australia during the Term, to access and use FMA, MA and their features, functionalities and services (Services), including:

calendar(s) for booking natural health appointments (Appointment Calendar(s)), including publishing, managing and matching online appointments with searches by existing patients who have MA user accounts (Patients) or visitors to FMA who do not have MA user accounts (Visitors);
virtual online telehealth consultations with a Patient as a phone call or a video call through MA (Telehealth Consultations);
SMS reminders and notifications to Patients (SMS Services) through an authorised SMS service provider (SMS Provider);
access via MA to Medipass claiming and reimbursement services;
facilitation of the selling of natural health products to Patients;
processing of payments in connection with the business of the Practice (Payment Processing Services) through our third party payment processing service provider (Payment Processor);
such other related services we may provide through FMA and/or MA or other related platforms,

for the purpose of appointment booking, practice management and patient interaction for and in the Practice, in accordance with and on condition of your compliance with these Terms of Use.

You must not access or use FMA, MA or the Services for any other purposes. You must ensure that no person other than you and any approved Sub-User accesses or uses FMA, MA or the Services through your Practice’s Main Account or Sub-Accounts.

3. Sub-Accounts: You may, when you first register your MA account or from time to time thereafter, nominate one or more members of your Practice to be able to access and use FMA and MA as the holder of a sub-account (Sub-Account) associated with the main account held by you (Main Account). The holder of a Sub-Account associated with your Main Account (Sub-User) may be given access to FMA and MA: (a) in their capacity as a health practitioner who will use FMA and MA for the purposes of practice management and appointment booking for their own practice (Practitioner Sub-User), and/or (b) for the purposes of administrative assistance with your management of the Main Account and/or Practitioner Sub-Users’ management of their Sub-Accounts (if applicable).

To nominate another person for access to and use of FMA and MA as a Sub-User associated with your Main Account, they must be, and you represent and warrant that they are: 18 years of age or older; an employee or contractor (as an administrative staff member, practitioner colleague or otherwise), or a director, officer, principal or (whole or part) owner, of your Practice; and authorised by you to use FMA and MA as a Sub-User. Further, to nominate another person to hold a Sub-Account as a Practitioner Sub-User (Practitioner Sub-Account), they must be, and you represent and warrant that they are, a natural health practitioner with a current practicing registration with AHPRA or a fully paid up membership of at least one of the accredited associations listed on our website at https://myappointments.app/association-list/

To register for a Sub-Account and to access and use FMA and MA as a Sub-User, the Sub-User must read, understand and agree to separate Sub-User Terms of Use presented to them during the Sub-Account registration and set-up process (and as amended from time to time). In addition, as the holder of the Main Account (the Main User), you are responsible and liable for the access and use of FMA and MA by all Sub-Users within your Practice, their acts and omissions in relation to such access and use, and their compliance with the Sub-User Terms of Use applicable to them (which you must ensure they agree to and abide by).

We reserve the right to accept or reject any Sub-Account registration in our absolute discretion.

4. System requirements: For the avoidance of doubt, we are not responsible for providing the internal equipment and facilities necessary for accessing and using the Services, including information technology hardware (such as computers, servers and routers), software (including databases and licences thereto), and telecommunications facilities and services, which are system requirements for you, each Sub-User and/or the Practice to supply and maintain. We accept no responsibility for any deficiency in your or your Sub-Users’ internal equipment and facilities.

5. Registration information: To register an MA account you must provide information about yourself and your Practice. Where you indicate in the registration form that you are entering into these Terms of Use not only on your own behalf but also on behalf of a Practice of which you are not the sole proprietor, or whose proprietor is a different legal entity from you, you must accurately identify the entity/entities which is/are the proprietor(s) of the Practice by their name and, if applicable, their ABN and/or ACN.

You must provide a valid mobile phone number for yourself at the time of registration, to which we will send an SMS to verify that you are the owner or operator of that phone number. Where you initiate registration of a Sub-Account, you must also provide a valid mobile phone number for the nominated Sub-User, to which we will send an SMS to verify that they are the owner or operator of that phone number. In either case, we may cancel or reject registration of an account for FMA and MA if the provided phone number is not verified as belonging to the person for whom the account is being registered.

Where you initiate registration of a Sub-Account, you confirm and agree that you are authorised by the nominated Sub-User to initiate registration of the Sub-Account in their name and to provide us with the relevant information about them for account creation purposes, including their name, email address and mobile phone number.

You must ensure that the information you provide to us about you, your Practice or any nominated Sub-User is true, accurate, complete and up to date at the time you provide it (whether at the time of initial account registration or later). If the information you provided about you, your Practice or any nominated Sub-User is incorrect or subsequently changes, you must promptly update your MA account with the correct and current information. You must also ensure that any information provided to us by nominated Sub-Users is true, accurate, complete and up to date, and that Sub-Users promptly update their Sub-Account details if the information they provided about themselves changes or is discovered to be incorrect.

Practitioner Profiles: You and each Practitioner Sub-User may create:

an individual practitioner profile page for publication on FMA (Practitioner Profile); and
an individual practitioner ‘mini-profile’ within MA (to be made available to Patients where they add you or that Practitioner Sub-User to their MA account),

in each case by completing the pro-forma template we provide, supplying the minimum information we request.

7. Security: You must not provide your Main Account username or password to any person. You are responsible for the confidentiality and security of your username and password, and for any use of and all actions resulting from use of your account (even if used by another person unlawfully). You agree to take reasonable steps, including implementing reasonable security measures, to ensure that no unauthorised person gains access to or uses FMA or MA through your account.

You must notify us immediately if you become aware or suspect that another party has accessed your account or login credentials or has conducted unauthorised activities on your account.

8. Account settings: You acknowledge and agree that, as the Main User, you have responsibility for administration and account settings for the Main Account and any Sub-Accounts within your Practice, including the responsibility for setting and changing the features, functionality, services, materials and information available to Sub-Users. You may do so at your discretion subject to these Terms of Use and subject further to any other obligations you may have under law and/or to the proprietor(s) of your Practice and/or to the Sub-Users, such as professional or employment obligations.

9. Variations: We may update, add, make changes to or remove FMA or MA features, functionalities or services, our internal processes, and the interface of the features, functionalities and services of FMA and MA from time to time as we consider appropriate. To the extent practicable, we will give you 30 days’ notice in writing (including by email) of any such changes that are material to your use of the Services.

10. Departure: If the practitioner Main User permanently leaves their employment, contract or other role or position within the Practice, they and/or the proprietor(s) of the Practice must notify us of the practitioner Main User’s departure, and that practitioner must relinquish the account (which, subject to our and the proprietor(s)’ approval, and the eligibility requirements in clause 3.1, may be transferred to another practitioner within the Practice) and cease using it. The proprietor(s) must ensure that the login details for the Main Account are changed so that the departing practitioner cannot access the account once they have left the Practice. Where another practitioner within the Practice is to be appointed as the new Main User with control of the Main Account, that practitioner and/or the proprietor(s) must notify us of that practitioner’s appointment, provide their details to us to ensure that they satisfy the eligibility requirements in clause 3.1, and ensure that the account details are updated to reflect the personal and professional details of the new Main User.

11. Complaints: You must promptly notify us of any complaints you receive from any person relating to the FMA and/or MA platforms or services, particularly any complaints relating to the use or disclosure of personal information or to the inappropriate receipt of commercial electronic messages.

4. Relationship

You agree that you and any Practitioner Sub-Users have a direct relationship with your/their Patients and our role is limited to the provision of MA as a platform through which you, your Sub-Users and the Patient can interact. Any information, advice, care or treatment provided by you or any Sub-User, or exchanged between a Patient and you or any Sub-User, whether through MA or otherwise, including but not limited to information, advice, care or treatment provided in the course of a Telehealth Consultation, is provided under and pursuant to your / the Practitioner Sub-user’s / your Practice’s (as applicable) professional/practitioner relationship and/or agreement with the Patient and we are not responsible or liable in any way for such information, advice, care or treatment.

5. Appointment Calendars

A calendar for booking natural health appointments (Appointment Calendar) is allocated to the Main User and a separate Appointment Calendar will be allocated to each approved Practitioner Sub-User in the Practice. You and each Sub-User will generally have access to the Appointment Calendars of all of the practitioners in your Practice who have MA accounts, for administration purposes, although this can be modified at your discretion in accordance with your Practice’s preferences.

At your option, we will publish the available appointments in your Appointment Calendar on FMA to display appointment availability and on MA for Patient bookings, and we will do the same for each Practitioner Sub-User (at their option). The display order of the practitioner directory list on FMA will be at our sole discretion.

You must actively ensure that your Appointment Calendar is accurate and up to date and that each Practitioner Sub-User actively keeps their Appointment Calendar accurate and up to date.

You must not, and you must ensure any Sub-Users do not, misuse your Appointment Calendar or the Appointment Calendar of any Sub-User to whose calendar you or they have access. In particular, you must not use an Appointment Calendar of a given practitioner for another practitioner’s bookings or for booking patients of another natural health practice, you must not allow your Appointment Calendar to be used for another practitioner’s (or another practice’s) bookings, you must ensure any Appointment Calendar you manage (including your own) does not list appointment times that are not available, and you must ensure any Sub-Users observe the same obligations.

An appointment made by or for a Patient in an Appointment Calendar is not a representation or warranty by us that the Patient will attend or pay for the appointment, and any disputes between the Practice and a visitor or Patient regarding appointment bookings (e.g. ‘no shows’) are a matter solely between the Practice and the Patient.

6. Telehealth Consultations

MA includes functionality that allows you and any Practitioner Sub-Users to conduct a virtual online telehealth consultation with a Patient as a phone call or a video call through MA (Telehealth Consultation). You may authorise one or more Sub-Users to provide administrative assistance in scheduling, setting up and managing a Telehealth Consultation on your behalf or on behalf of Practitioner Sub-Users. The Telehealth Consultation functionality/service is provided by a third-party telehealth service provider.

You understand and agree the following in relation to any Telehealth Consultations you conduct:

You acknowledge that a Telehealth Consultation may not be appropriate for all forms of natural health services and care, including but not limited to situations of medical emergency or when a physical face-to-face examination is required. You agree that you are responsible for making an informed decision about the appropriate use of Telehealth Consultations for each Patient and each consultation.
It is your responsibility to ensure that any Patient participating in a Telehealth Consultation is at least 16 years of age and, if they are not, that they have a parent, guardian or Authorised Representative present while participating in the Telehealth Consultation.
It is your responsibility to ensure that any person purporting to be the parent, guardian or Authorised Representative of a Patient (regardless of the Patient’s age) is legally authorised to represent or take responsibility for the Patient in that capacity.
You agree that the determination of whether a Telehealth Consultation is eligible for Medicare, private health insurance or other subsidisation or reimbursement is an assessment for you to make and not a matter in relation to which we provide any representation or advice.
You must not record or transmit video or audio of any Telehealth Consultation.
You must not, and you must not request a Patient to, upload or transmit any documentation, image, video or other content using the Telehealth Consultation functionality of MA. If you require a Patient to provide any image for clinical purposes it must occur via a transmission method alternative to the Telehealth Consultation functionality of MA.
You may choose to conduct sessions as video and audio or as audio only, and we may at our discretion make available other functions from time to time such as chat and screen sharing.
Telehealth Consultation sessions must be scheduled through MA appointment bookings.
You may cancel a session before it starts, but once a session starts it cannot be cancelled, and once a session has been cancelled it may not be reactivated.
Any Telehealth Consultation session joined by at least two parties will be charged the applicable rates for the total duration of the session. The minimum time charged will be a 15-minute timed session. If connectivity or other technical issues require you to log into a Telehealth Consultation session more than once, that session will be considered one total session for the purposes of its total duration and any applicable rates.
We reserve the right to limit the traffic on MA by capping your session or your use of Telehealth Consultations where required to manage site load.

6. Medipass

MA includes functionality that allows you and any Practitioner Sub-Users to submit claims electronically to Medicare, the Department of Veteran Affairs, National Disability Insurance Scheme, Insurance and Care NSW (iCare) and private health insurers using the Medipass service.

The Medipass service is owned and operated by a third party. To access the Medipass service you must register for a Medipass account directly with Medipass (as must any Sub-User wishing to use the Medipass service). Your use of the Medipass service is your decision and subject to Medipass’ applicable terms and conditions as updated from time to time, which can be obtained directly from Medipass.

By seeking to access or use Medipass you agree that we may disclose your contact information (or a Sub-User’s, if applicable), including personal information, to Medipass for the purpose of Medipass contacting and engaging with you / the Sub-User (as applicable) in connection with the Medipass service.

Complaints or claims in respect of payments or rebates made via Medipass services are to be directed to and resolved by Medipass. We are not responsible for and disclaim any liability in respect of such complaints, claims and liabilities.

You acknowledge and agree that we are not a seller or reseller of the Medipass service and we have no responsibility or liability in respect of rebates or other payments made to you or any visitor to or Patient of the Practice via the Medipass service.

We are not responsible for any acts or omissions of Medicare, the Department of Veteran Affairs, National Disability Insurance Scheme, Insurance and Care NSW (icare), nor any private health insurer.

7. Payment processing

MA includes functionality that allows you (if you select the appropriate plan – see clause 12 below) to process payments in connection with the business of the Practice (Payment Processing Services), through a Payment Gateway. These services are provided by our third party payment processing service provider (Payment Processor) and any procurement of Payment Processing Services by you will be subject to a separate account agreement between you and the Payment Processor and their terms of service.

You must provide us with any information about you or your Practice that we require in order for you to access the Payment Processing Services. You must ensure that that information is complete and accurate, and you authorise us to share that information, along with transaction information related to your use of the Payment Processing Services, to the Payment Processor pursuant to our Privacy Policy https://www.findmyappointment.com.au/privacy_policy.

8. SMS services

MA includes functionality that allows the Practice to send SMS reminders and notifications to its patients (SMS Services) through an authorised SMS service provider (SMS Provider).

You agree that you are solely responsible for the content of all SMS messages (whether sent on your own behalf or on behalf of another). In particular, you acknowledge and agree that, although we and the SMS Provider are able to access and view messages transmitted using the SMS Services (which we or the SMS Provider will generally only do to investigate delivery failure or other service issues), we and the SMS Provider have no editorial control over the messages and are under no obligation to review, moderate, amend or modify them as part of our/their provision of the SMS Services.

You must bear all costs arising out of any complaints made in connection with the messages (including complaints made by any Government agency).

9. Selling products through MA

MA includes functionality that allows a Main User or Practitioner Sub-User to recommend one or more natural health products (Products) to Patients on an individual Patient basis, to provide information about those Products to the Patient, and to make those Products available for the Patient to order and pay for through MA (on a one-off basis or as available repeat prescriptions).

The provision of information about, and recommendation, prescription, offer and sale of Products through MA is solely between the relevant practitioner (i.e. you or the Practitioner Sub-User) and the Patient, and we simply provide a platform to facilitate that interaction and transaction.

You acknowledge and agree that we do not endorse any of the Products or provide any warranties or guarantees in relation to them (including as to their legality, availability, quality, safety, efficacy, acceptability, fitness for purpose or suitability for your Patients) or in relation to any information that is provided through MA in relation to them (including as to the accuracy, reliability, currency or completeness of that information). The decision to recommend or prescribe the Products to Patients, to provide information about them and to supply them to Patients is solely your or the relevant Practitioner Sub-User’s decision.

The legal relationship of buyer and seller of the Products is between the relevant practitioner (i.e. you or the Practitioner Sub-User) or your Practice and the Patient. In particular:

any Products purchased through MA are sold by and purchased from you / the relevant Practitioner Sub-User / your Practice (as applicable), not from us;
any payment a Patient makes for Products through MA (via latpay’s payment gateway) is made to you / the relevant Practitioner Sub-User / your Practice (as applicable), not to us; and
any supply of Products purchased by Patients through MA is made by you / the relevant Practitioner Sub-User / your Practice (as applicable) from your/their/its own stocks, not by us.

We do not accept any responsibility or liability in relation to the Products, or the Patient’s or any other person’s use of them, or any information or advice provided in relation to them through MA. It is your responsibility to manage the quantity and frequency of your Patients’ orders through MA, including by the provision of appropriate repeats. You are solely responsible for the prices you charge your Patients for products (including any delivery charges), for ensuring you have stock available to meet your Patient’s orders, and for arranging the delivery of ordered Products to your Patients (including any and all delivery costs).

To facilitate your recommendation of a Product to your Patient and/or to make it available to them for purchase, MA includes functionality that may allow you, depending on the Product, to supply your Patients with certain information about a Product that is already stored in MA, such as packaging and labelling images, product description, directions for use and other label information. MA obtains such information from the third party manufacturers/suppliers of those Products and makes it available through MA for you to provide to your Patients on an ‘as is’ basis. We take no responsibility for and provide no warranties or guarantees in relation such third party information (including as to its accuracy, reliability, currency or completeness).

10. Google Services

FMA and MA may enable you, Sub-Users, Patients of the Practice, and Visitors to FMA to access and use online information including maps and other geographic information and third-party reviews and feedback, owned and operated by Google Australia Pty Ltd (Google Services). In using any Google Services through FMA or MA you agree:

to be bound by the Google Services terms of use (at https://policies.google.com/terms?hl=en-AU&fg=1);
that Google Services may use your personal information in accordance with their privacy policy (at https://policies.google.com/privacy?hl=en-AU&fg=1);
that Google Services content (including map data, traffic, directions and places) is provided for planning purposes only; and
we do not control, and we do not accept any responsibility for, the content of and the information contained or displayed within Google Services

We will not be responsible for any loss or damage to you, any Sub-User, any Patients of the Practice or any other third party as a result of, caused by or arising out of any use or access to, or as a result of any reliance on, Google Services or any information, reviews or content from any third parties or any links to third party websites or services.

We will not be liable for any comments, rating or content of third parties such as Google Services on the Main User’s, any Practitioner Sub-User’s or the Practice’s profile page or on MA.

10. Your obligations

In accessing and using FMA and/or MA and any feature, functionality, service, content or information made available to you on or through those platforms (including the Appointment Calendar, Telehealth Consultation functionality, SMS Services, Payment Processing Services and the Medipass service), you must not:

obtain or access any materials or information through any means not intentionally made available or provided for via any feature or functionality of FMA and/or MA (including accessing or attempting to access information about Patients to whose information you have not been given permission to access);
reproduce, distribute, publicly display or publicly perform any feature, functionality or service of the FMA and/or MA platforms, except as approved by us;
generate, facilitate or send unsolicited commercial messages or email (including bulk email or SMS) where the recipient has not consented to receive such messages, or persistently send messages without a reasonable cause or for the purpose of causing annoyance, inconvenience or distress to any person;
display advertising promotions or sponsorships or perform any commercial or other form of marketing or solicitation that is in breach of the law (including laws relating to the advertising of health services or therapeutic goods) or not authorised by us under these Terms of Use;
impersonate a person or entity or falsely state their affiliation with a person or entity;
assist with the development of a competitive or replacement appointment scheduling booking and payment system;
violate any applicable local, state, national, or international law, any regulations having the force of law, or any applicable industry or professional code of conduct; access or use FMA and/or MA for any unlawful purpose; or encourage conduct that is criminal, would give rise to liability or would otherwise violate any law;
use FMA or MA for the purpose of advertising, offering, facilitating or conducting the provision of sexual services of any kind;
allow any person to access the personal or health information of a Patient who is under 16 years of age or who lacks the capacity to manage their own account, unless they are the parent, guardian or Authorised Representative of that person with legal authorisation to represent or take responsibility for the Patient in that capacity;
allow any person to access the personal or health information of a Patient who has turned 16 years of age, other than (a) the Patient or (b) the parent, guardian or Authorised Representative of the Patient to whose access the Patient has consented;
upload, enter, post, transmit or otherwise make available any material which is unlawful, threatening, abusive, defamatory, false, misleading, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful or racially, ethnically or otherwise objectionable, which contains adult content or entertainment (including sexually explicit content, prostitution, or any other content not appropriate for general audiences), or which we reasonably determine to be otherwise offensive or inappropriate;
upload, enter, post, transmit or otherwise make available any content or information, or otherwise do any thing, which violates or infringes the rights of another person, including but not limited to the Intellectual Property Rights of that person (Intellectual Property Rights meaning patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and registrations of such, schematics, industrial designs, inventions, know-how, trade secrets, computer software programs and other intangible proprietary information), or obscure or cover any graphical element of any FMA or MA feature, functionality or service;
transmit, distribute or otherwise make available viruses, spyware, adware, files designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment, corrupted files or any other similar malicious software, programs or code that may damage the operation of any computer hardware, software or device;
test, copy, reverse engineer, decompile or disassemble any feature, functionality or service of or code underlying the FMA and/or MA platforms (in order to find limitations, vulnerabilities or evade filtering capabilities or otherwise), or modify, alter, disable, interfere with or circumvent any feature, functionality, service or operation of the FMA and/or MA platforms, including any security or access control mechanism, or allow any third party to do any such thing, without our permission;
sell, export, transfer, divert or otherwise dispose of any products, software or technology (including products derived from or based on such technology) received from any third party service provider by virtue of your access to and use of the Telehealth Consultation service;
offer or promote gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
promote illegal drugs or violate export control laws or laws relating to illegal arms trafficking;
use FMA or MA or any of their functionalities in a way that constitutes or promotes, or is for the purpose of dealing in: counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance/ interception/descrambling equipment; body parts or bodily fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials;
transmit any communication or messages that may harm a minor in any way;
interfere with or disrupt our or our third party service providers’ business, platforms, services, hardware, software or networks, including but not limited to the FMA and/or MA platforms and services and their operation, or servers or networks connected to the FMA and/or MA platforms and services, including by consuming a disproportionate share of the resources of the service, or disobey any requirements, procedures, policies or regulations of platforms or networks connected to the FMA and/or MA service (including but not limited to the Telehealth Consultation service);
use FMA and/or MA or any of their features, functionalities or services in any way that may have a detrimental effect on the goodwill or good standing of us or any of our third party service providers, or which may expose us or any of our third party service providers to the risk of any legal or administrative action (including prosecution) under any laws; or
contravene any other rules, requirements, policies or guidelines for the use of FMA and/or MA or any of their features, functionalities or services of which we (or our third party service providers, if applicable) may notify you from time to time.

You must ensure that each Sub-User observes the obligations above as if a reference in those obligations to “you” (or equivalent) is a reference to the Sub-User.

11. Practitioner qualifications and insurance

You, and each Practitioner Sub-User, must at the time of registration of an MA account and at all times during the Term be a health practitioner with a current practicing registration with AHPRA or a fully paid up member of at least one of the professional bodies or associations listed on our website at https://myappointments.app/association-list/, and entitled to provide natural health advice, treatment or care services in the jurisdiction in which you or the Sub-User (as the case may be) is offering such services.

You must notify us of any changes to your or a Practitioner Sub-User’s registration, qualification, authorisation or association membership status, breaches or alleged breaches by you or any Practitioner Sub-User of any laws, rules, regulations or industry codes of conduct, or serious claims of misconduct or professional negligence, insofar as any of the foregoing may adversely affect your or a Practitioner Sub-User’s (or any other Practice member’s) ability to provide natural health services to Visitors or Patients.

You will ensure you and each Practitioner Sub-User hold and maintain at all times all insurance policies required or suggested by the association, body and/or authority with or by which you/they are registered and/or licensed including, but not limited to, professional indemnity and public liability insurance in relation to the services offered by you/them or any Practice personnel under your/their supervision, to the level required or recommended by the relevant association, body or authority.

12. Fees and payment

1. Monthly fee plans: There are two monthly fee plans available for MA:

$0 free plan (Free Plan) which entitles you (and approved Sub-Users) to access and use FMA and MA without having to pay us a monthly fee, provided you agree to sign up for and use the Payment Processing Services provided by the Payment Processor for all payment transactions related to your use of MA; or
$25 per month paid plan (Paid Plan) which entitles you (and approved Sub-Users) to access and use FMA and MA without having any obligation to sign up for or use the Payment Processing Services. However, if you select this plan the Payment Processing Services and some other features, functionalities or services of FMA or MA which require online payments, will not be available to you.

You may elect to switch from one plan to another at any time, with the switch to take effect at the beginning of the next monthly billing cycle.

2. Payment Processing fees: Use of the Payment Processing Services will incur fees charged by the Payment Processor as per the Payment Processor’s own terms and conditions for use of the Payment Processing Services at https://latpay.com/terms-condition/ to which you must agree in order to sign up for and use those services. The Payment Processor may vary the fees they charge you for Payment Processing Services as per their separate terms and conditions, in consultation with us. They or we will notify you in writing of any such changes before they take effect.

3. Payment for Services: In addition to any monthly fee payable to use FMA and MA, certain Services attract additional fees regardless of which monthly plan you are on. Payment for the Services which attract fees, such as Telehealth Consultation services and SMS Services, must be made to us by way of prepaid Purchase Credits which you can buy from us at the following rate:

Minimum purchase	Purchase rate (price for one Purchase Credit, inclusive of GST)
$20	$0.15
$100	$0.11

To purchase Purchase Credits you must provide your credit card details to our Payment Processor who will process your purchase of Purchase Credits through its Payment Gateway and store your credit card details for future Purchase Credit purchases.

Bulk discount rates are available for high volume users upon enquiry with us.

4. Rates: The rates payable to us for the Services (in Purchase Credits) are as follows:

Service	Purchase Credit rate
SMS Services	1 Purchase Credit per SMS message up to 160 characters If message exceeds 160 characters, charge will be 1 Purchase Credit for the first message block of 160 characters plus 1 Purchase Credit for each additional message block of 153 characters or part thereof
Telehealth Consultations	1.5 Purchase Credits per 15-minute timed block (or part thereof)

5. Practitioner Profile Fee: In addition to any monthly fee payable to use FMA and MA, and any fees payable for Services, a periodic fee also becomes payable for maintenance of a Practitioner Profile on FMA (Practitioner Profile Fee), which is payable regardless of which monthly plan you are on.

For the first 12 months after registration of a Main Account or a Practitioner Sub-Account, there is no fee to maintain a Practitioner Profile. After the first 12 months, in respect the Main Account and each Practitioner Sub-Account, to maintain a Practitioner Profile the periodic Practitioner Profile Fee must be paid. This fee may be either (at your or the Sub-User’s election, as applicable):

a standard annual fee of $129 to maintain the account and the associated Practitioner Profile on FMA; or
a premium quarterly fee of $79 to maintain the account and the associated Practitioner Profile as a featured practitioner on FMA.

After 12 months of your MA account registration, you will receive an invoice for the amount of the Practitioner Profile Fee (with standard and premium options presented) to exercise the annual option to renew your MA account registration and to maintain your Practitioner Profile for another 12 months. Acceptance and payment of the invoice will, unless you elect to receive and pay periodic invoices manually, result in a default auto-renew facility being set up for you with the credit card details you provide to pay the invoice. Under the auto-renew facility, we will automatically debit your credit card in respect of each following periodic Practitioner Profile Fee as it falls due, unless you instruct us otherwise. We will notify you of the upcoming auto-renewal and automatic debit of your credit card 30 days before the payment is due to be made and again 7 days before payment is due. You may switch off the auto-renewal facility at any time by contacting us.

6. Variation: We may vary the rates payable for the Services and the Practitioner Profile Fees, and add charges for other Services.

7. Ad hoc Services: We may charge additional fees for certain services that you may acquire from us from time to time on an ad hoc basis, including, for example, connection and set-up, training, consulting, development and customisation. The terms of any additional services and payments for such services will be provided in a form or agreed separately in writing between you and us.

9. Use of Payment Gateway: We use our Payment Processor’s Payment Gateway to process payment by you of the fees payable to us as Purchase Credits, and you may elect to use the Payment Processing Services through the Payment Gateway (such as receiving payments from your Patients for your services) as described above. In using the Payment Gateway, you agree that:

the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of our or the Payment Gateway’s software or hardware or due to problems or malfunctions with the internet or other telecommunication facilities;
to the extent permitted by law, we do not warrant, guarantee or represent that unauthorised access to information and data on the Payment Gateway cannot occur;
you have relied on your own independent assessment and judgment determining whether the Payment Gateway meets your payment processing requirements;
you have read and agree to comply with the Payment Processor’s terms and conditions and privacy policy which are available at the Payment Processor’s website at https://latpay.com/terms-condition/and
you will indemnify us in respect of all and any Losses we incur as a result of any breach by you of the Payment Processor’s terms and conditions or privacy policy.

9. Fair Use: FMA and MA are available to you and Sub-Users on the Free Plan to access and use at no charge. However, if your free access to and use of MA continues for an unreasonably long period during which you do not use any of the Services or functionalities for which fees or charges are payable (such as the SMS Services, Telehealth Consultation services, Practitioner Profile and Payment Processing Services), we may determine that it is appropriate to charge you a fee for server storage or support in connection with your use of MA.

10. Commission fees: By virtue of your registration of a Main Account (and Sub-Accounts) and your use of the SMS Services, the association of which you are a member or the professional body with whom you are registered may receive a commission fee from us. This may enable us to offer you user discounts, special pricing, priority ranking or similar benefits on FMA and MA.

We receive a commission fee for your use of the Payment Processing Services, as a percentage of the fees you pay to the Payment Processor, which the Payment Processor pays to us.

13. Access interruptions, suspension and cancellation

If you or your Sub-Users do not comply with these Terms of Use, we may lock, suspend or cancel your and/or their account(s) and access to FMA, MA and/or any element thereof, without prior notice to you

Your and your Sub-Users’ access to and use of FMA, MA and their features, functionalities and services (including the Telehealth Consultation service, SMS Services and Payment Processing Services) may be suspended in whole or part for the duration of any unanticipated or unscheduled downtime or unavailability of any element or the entirety of those platforms for any reason, including as a result of power outages, system failures or other interruptions, or where our access to any system or network of any third party service provider is suspended or interrupted for any reason.

We may also, without any liability to you or your Sub-Users, suspend access to FMA, MA and/or any element thereof at any time, on an element- or service-wide basis:

for scheduled downtime to permit us and/or our third party service providers to conduct routine and other maintenance on, or to repair, modify, improve and/or upgrade, the FMA and/or MA platforms, or any relevant third party platform, or any feature, functionality or service of those platforms, or any technology underlying them;
in the event of a denial of service attack or other attack on any service or functionality or other event that we determine, in our sole discretion, may create a risk to the applicable service or functionality, to the FMA or MA platforms, to you or to any of our other customers if the service were not suspended;
if we are required to do so by any Government agency or third party service provider; or
if we determine that any feature, functionality or service, or our provision of it to you or your Sub-Users, is prohibited by applicable law or that suspension is necessary or prudent for legal or regulatory reasons.

We may also suspend your or your Sub-Users’ right to access and use FMA, MA or any element thereof, or terminate any service, immediately upon notice if you or any of your Sub-Users violate, or we have reason to believe that you or any of your Sub-Users have violated, any provision of the clause above entitled ‘Your obligations’, or there is an unusual spike or increase in your or your Sub-Users’ use of a service for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the that service.

We may withdraw or discontinue any feature, functionality or service of FMA or MA at any time.

We may close any accounts that have not been used after a period of time we consider reasonable.

You may, in your discretion, change the access settings of, lock, suspend or terminate any Sub-Accounts associated with your Main Account and/or one or more Sub-Users’ access to and use of any feature, functionality or service of FMA and/or MA, or the FMA and/or MA platforms altogether. Any complaint or dispute between you and a Sub-User regarding a change to their access settings, or the locking, suspension or termination of their Sub-Account is a matter between you and the Sub-User and the terms of your relationship with them in the context of the Practice.

13. Privacy

We will collect, handle, use and disclose any personal information that we obtain about you or any other person in connection with your or any Sub-User’s account registration and use of FMA and/or MA in accordance with the Privacy Act 1988 (Cth) and our Privacy Policies (for Practice Users https://www.findmyappointment.com.au/privacy_policy and Patients/Visitors https://www.findmyappointment.com.au/patient_privacy_policy). By holding an MA account and using FMA and/or MA you consent, and each Sub-User consents, to such collection, handling, use and disclosure.

You must comply, and must ensure that each Sub-User complies, with all privacy, health records and information laws and regulations applicable to your/their collection and use of personal information, sensitive information and health information insofar as it relates to your/their use of FMA and/or MA, including making all necessary disclosures and notifications to, and obtaining all necessary consents from, Visitors and Patients in respect of the collection, use and/or disclosure to you and/or us of their personal information.

You must notify us immediately in the event of a potential or actual data breach or compliant concerning a Patient’s or Visitor’s personal information and cooperate promptly and fully with all reasonable requests we make to address any possible data breach or breach of our Privacy Policy. You agree that, for the purposes of the Privacy Act 1988 (Cth), we will determine whether a data breach is an eligible data breach, and the method and form of the notification (if any), after consultation with you.

14. Account Data

Generation:: As a result of and in the course of access and use of FMA and/or MA by you, Sub-Users, Patients and Visitors, information (including personal information, sensitive information and health information) will be created and stored in connection with your Main Account and Sub-Accounts (Account Data), including but not limited to practitioner profiles, patient details, appointment/consultation details, clinical images, data and other health information about patients, treatment records, communications, and other materials and information submitted, entered, uploaded, transmitted or stored by you, Sub-Users, Patients and Visitors. This information will be collected, stored, used and disclosed in accordance with our Privacy Policies (for Practice Users and Patients/Visitors.
Storage, security and backupWe will deploy and maintain reasonable security systems and technologies intended to protect against unauthorised access, modification, disclosure, misuse, interference and loss or corruption of Account Data.

It is your and each Sub-User’s responsibility to have appropriate back-up processes in place to protect against unexpected data corruption or loss. We recommend you regularly export Account Data from MA to your own system to protect against any data loss caused by MA hardware or system failure. If you delete Account Data, deliberately or accidentally, deletion is permanent and we are not able to retrieve it.

Subject to your instructions to the contrary, we will store Account Data in respect of the Main Account and each Sub-Account for as long as each such account is held. If you or a Sub-User close the Sub-User’s MA account, or we terminate use of a Sub-Account, we will deactivate the account but the Account Data in respect of that account will remain stored in connection with the Main Account (and accessible through the Main Account). If you close your Main Account, or we terminate the Main Account, we will deactivate the Main Account and all Sub-Accounts but hold the Account Data in respect of those accounts so that they can be reactivated and the Account Data accessed again, for a period of 12 months. After 12 months, we may at our discretion delete the relevant Account Data. It is your and your Sub-Users’ responsibility to ensure that you and they observe your/their legal and regulatory record keeping obligations, including by exporting Account Data where your/their MA account is to be closed.

Certain limited information that forms part of the Account Data may be collected and held by our third party service providers in accordance with our Privacy Policies (for Practice Users https://www.findmyappointment.com.au/privacy_policy and Patients/Visitors https://www.findmyappointment.com.au/patient_privacy_policy). If you periodically require permanent deletion of some or all of the Account Data we or our third party Service Providers hold, you must contact us and we will assist you with this. You agree that you will observe any obligations you have under law or otherwise regarding the treatment of the records and health information of Patients and that any decision you make and any direction you give to us to permanently delete any Account Data will be in accordance with those obligations.

Use and disclosure of Account Data:: We do not access, use or disclose to third parties Account Data which is personal information except in accordance with our Privacy Policies (for Practice Users https://www.findmyappointment.com.au/privacy_policy> and Patients/Visitors https://www.findmyappointment.com.au/patients_privacy_policy).

We may use certain limited Account Data relating to Patients (such as their name, email and mobile phone number), with the Patient’s, your or the treating Sub-User’s approval via an opt-in mechanism, for campaigns to encourage the use of MA, to provide promotional material or natural health and complementary medicine education material relevant to your Practice, and to promote natural health services (which may be complementary or competitive to those offered by your Practice).

We may also use Account Data relating to Patients and Visitors in an aggregated and de-identified form to assess and improve the Services and otherwise in accordance with our Privacy Policy for Patients/Visitors https://www.findmyappointment.com.au/patients_privacy_policy

15. Electronic messages

You acknowledge that we may send, on your behalf or otherwise, electronic messages with your details to Patients of your Practice with an MA account, including confirmation electronic messages, reminder electronic messages and commercial electronic messages as defined under the Spam Act 2003 (Cth), if the patient elected to receive such messages. We will do so in accordance with our Privacy Policies (for Practice Users https://www.findmyappointment.com.au/privacy_policy and Patients/Visitors https://www.findmyappointment.com.au/patients_privacy_policy

You must not, and you must ensure that any Sub-Users do not, send any commercial electronic message to a Patient (by their MA account or otherwise) unless you, the Main User or another Sub-User have first ensured, prior to sending, that the Patient has opted in to receiving such commercial electronic messages. You agree to comply, and to ensure that any Sub-Users comply, with the requirements of the Spam Act 2003 (Cth) by identifying the entity authorising the commercial electronic message and providing a functional unsubscribe facility.

You must not, and you must ensure that any Sub-Users do not, by email or SMS or otherwise, send to any person (including any patient of your Practice who does not have an MA user account) any commercial electronic message containing our name or trade marks or links to our website, except where the person has opted in to receiving commercial electronic messages and you comply with the requirements of the Spam Act 2003 (Cth), or the person has consented to you sending such a message, or as otherwise provided by these Terms of Use.

16. Term and terminations

1. Termination by you:: You may terminate these Terms of Use at any time by closing your Main Account. This will only occur at your direction and not at the direction of any person on your behalf. Closure of the Main Account will also result in Closure of all Sub-Accounts.

We will not provide any refund or credit in respect of fees paid for services (including the maintenance of Practitioner Profiles) before termination under this clause, or in respect of unused Purchase Credits you may hold.

2. Termination by us:: We may in our absolute discretion terminate these Terms of Use at any time by giving 30 days’ notice in writing to you. In this case we will provide a refund of any unused Purchase Credits you may hold, and a pro rata refund of any Practitioner Profile Fee you have paid equivalent to the proportion of the 12-month period for which you paid that fee that would have run were it not for termination.. We will not provide any refund or credit in respect of fees paid for services before termination under this clause
3. Other rights to termination:: We may immediately in writing terminate these Terms of Use or suspend your or any Sub-User’s access to and use of FMA and/or MA and/or the Services provided to you and/or any Sub-Users if:
- you or a Sub-User commit a breach of a material term of these Terms of Use, and that breach is not remedied within 14 days of our notification of the breach;
- you or a Sub-User experience any insolvency event, including being unable to pay debts as they become due and any form of insolvency, bankruptcy or administration;
- you or a Sub-User contravene any obligation in section 10 (‘Your obligations’);
- you or a Sub-User lose your/their relevant regulatory registration or licence or association membership or authority to deliver natural health services,

and we reasonably believe that terminating your or a Sub-User’s access to and use of FMA, MA and/or the Services is necessary for security reasons or to preserve the proper continued operations of the Services.

4. Consequences of termination: On termination of these Terms of Use all rights granted to you and any Sub-Users in your Practice associated with your Main Account will cease immediately and you and all Sub-Users must immediately cease use of and access to the Services.

Subject to section 14.1 above, we reserve the right to delete Account Data and any other information associated with your use of FMA, MA or the Services, including your Practitioner Profile on FMA, within 30 days of termination of these Terms of Use.

17. Intellectual Property and confidentiality

We are the owner of FMA and MA. All intellectual property rights in the FMA and MA platforms and their components, the Services, and the information and material published on or made available to you through FMA and/or MA, including all software and methodologies used in providing FMA and MA features, functionalities and services, are owned by us or licensed to us. They remain vested in us (or our third party service providers, as applicable) and you obtain no interest in them by or through your use of FMA or MA.

Except as expressly permitted under these Terms of Use, you must not, and you must ensure any Sub-Users do not:

copy, alter, modify, reproduce or distribute any part of the platforms or materials comprising FMA or MA or their features, functionalities and services; or
use our logos, trade marks or other distinctive brand features except in material submitted to and specifically approved by us.

You acknowledge that you have no right, and you will not attempt, to access the software code, including the object code, intermediate code and source code, of MA or FMA.

We may use your business name, logo(s) and trade mark(s) for promotion and marketing purposes connected with or relevant to your Practice, except in any way which would materially adversely affect your reputation and good standing.

You and we agree to keep each other’s confidential information confidential, and neither you nor we will disclose or allow any written or electronically recorded confidential information to be copied other than for the purposes of exercising our respective rights or performing our respective obligations under these Terms of Use, or as the other party expressly agrees, or as required by law. (The term ‘confidential information’ means all trade secrets, ideas, know-how, concepts, methods of working, management, operations, procedures, financial and business information – which, for the avoidance of doubt, includes the fees, charges and other financial terms of these Terms of Use – but does not include information that is in the public domain for reasons other than unauthorised disclosure.)

18. Third Party Content

FMA, MA and the services may include information and advertising from third parties and links to third party websites, applications and service providers (Third Party Content). We accept no responsibility for Third Party Content. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you or any Sub-Users as a result of the availability of Third Party Content or as a result of your or any Sub-User’s reliance on the completeness, accuracy or existence of any advertising, products or other materials on, or available form third party websites or resources.

1. We do not endorse any of the goods or services that are promoted, visible, accessible or transacted through MA and/or FMA or our services.

1. party terms: If you downloaded the App from an app store operated by a third party, your use of the App may be subject to the terms of use of that third party’s app store. These Terms of Use prevail over such third party terms to the extent of any inconsistency.
2. Apple devices: (This clause only applies to the extent you are using our App on an iOS device.) You acknowledge that these Terms of Use are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for FMA, MA or any functionalities and services provided through them (including the Telehealth Consultation functionality) or the content thereof. Apple has no obligation to furnish any maintenance or support services with respect to those platforms, functionalities and services.

19. Disclaimers

1. Acknowledgement and exclusion: You acknowledge and agree that FMA and MA and their features, functionalities and services are provided as practice management and communication tools only, and FMA Operations Pty Ltd does not provide health care advice or treatment services. We will not be liable for the treatment or health care of a Visitor to FMA or a Patient of your Practice, who will always remain the sole responsibility of the Practice and its health practitioners/providers, including you and any Practitioner Sub-Users. Any information, advice or treatment provided by or on behalf of you or any Sub-User through any feature, functionality or service of FMA or MA is provided under your, the Sub-User’s and/or the Practice’s agreement with the Patient and we and our third party service providers are not responsible for such information, advice or treatment.
2. Warranties and guarantees: : The services we provide through FMA and MA come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to compensation for any reasonably foreseeable loss or damage you suffer as a result of failure of the FMA or MA services we provide to comply with one or more of those guarantees.

Subject to our liability pursuant to those guarantees, FMA and MA (including their features and functionalities and services provided through and material comprised in them) are made available to you on an “as is” basis and “as available” basis and at your own discretion and risk, and we and our third party service providers make no representation, and provide no warranty or guarantee (either express or implied):

that a Visitor or Patient will accept, be available for or attend an appointment booking made through MA in person or via a Telehealth Consultation, or will participate in any booked Telehealth Consultation, or will make any payment owing to you, a Sub-User or the Practice;
that FMA or MA or any service, feature or functionality provided through FMA or MA: complies with all legal requirements; is suitable for use by you or any other person; is free of inaccuracies, errors, bugs or defects; is compatible with any other systems or services; will be provided for continuous access free of delays and interruptions (including service suspensions); or is reliable, current, complete or otherwise valid;
that FMA or MA or any service, feature or functionality provided through FMA or MA, or the name or brand used by us or a third party service provider in connection FMA or MA, does not infringe any third party rights (including Intellectual Property Rights);
regarding the provision and availability of, the functionality, features and performance of, or the merchantability and fitness for particular purpose of, FMA and MA, or your or any Sub-User’s use of FMA and MA or any other linked website;
regarding the security of FMA and/or MA or any linked site, or the safety of any file or software associated with them (such as safety from viruses, malware or defects including those which could damage or interfere with your data, hardware or software);
regarding the accessibility, accuracy, quality, currency or reliability of any linked site, or of any third party material, information, products or services promoted, accessed, provided or used via FMA or MA or any linked site (including any third party information about Products stored within MA and made available for use and provision to Patients through MA); or
regarding any general risks inherent in using the internet and electronic communications which are out of our control,

and, to the extent permitted by the ACL and other laws, exclude all liability and any implied warranties or guarantees (whether implied by statute or otherwise) in connection with the above matters and more generally. For the avoidance of doubt, any reference in the above clause to any feature, functionality or service of FMA or MA includes those provided by third party service providers, including the Telehealth Consultation service, the Medipass service, the SMS Services and the Payment Processing Services.

3. Liability exclusion: Except as provided by the ACL or other applicable law, we exclude liability for any direct or indirect losses, costs, expenses or damages, to or incurred by any person or property, including loss of profits or revenue, loss or denial of opportunity, loss of use, loss or corruption of data, damage to or malfunction of any computer system (software and/or hardware), and any indirect, consequential, remote or unforeseeable loss, whether in contract, tort or otherwise (including negligence), arising out of or in connection with the following (Losses):

your or any Sub-User’s use of, or your or any Sub-User’s inability to use (whether as a result of failure, interruption or suspension of any feature, functionality or service or otherwise), FMA, MA and/or any of their features, functionalities or services, any related services and products, content or information contained within FMA and/or MA or any linked site;
any loss of Account Data;
any message you or any Sub-User sends to a Visitor or Patient by SMS, email or otherwise;
your or any Sub-User’s failure to monitor or access any email message sent to you or them;
our performance or non-performance of our obligations under these Terms of Use;
any service or content provided by any third party over which we have no control;
any appointment booking, payment or rebate disputed or not fulfilled by a Visitor and/or Patient;
any ingestion, application, administration or other use by a Patient of any Product recommended or sold by you through MA, including any illness, injury or other harm that may occur as a result of such use;
any claims resulting from fraudulent use of FMA and/or MA by you, any Sub-Users, Visitors or Patients; or
any breach of any agreement or arrangement between you, any Sub-Users, Visitors or Patients and a third party,

even if we have been advised of the possibility of risk of harm or damage.

To the extent permitted by law, we exclude liability for any loss or damage you can insure against.

In the event of failure of FMA and/or MA, or any of their features, functionalities or services, we will use reasonable commercial endeavours to restore the affected platform(s)/component(s) to an operational state with the minimum practicable delay

4. Liability limitation: Except as provided by the ACL or other applicable law, we limit our aggregate liability in respect of any claim for Losses under or in connection with these Terms of Use and the use of FMA and MA to the fees paid by you under these Terms of Use during the three consecutive calendar months prior to the relevant claim being made.
5. Remedies: Except as provided by the ACL or other applicable law, in the event of the occurrence of any Losses for which we or our services providers may be liable, in contract, tort or otherwise, your (and any Sub-User’s) remedy is limited:

in the case of goods, to any one or more of the replacement of the goods or supply of equivalent goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
in the case of services, to having the services provided to you/them again or for us to pay you/them the cost of having the services provided to you/them again.

6. Indemnity: You and each Sub-User agree to indemnify and hold us, our officers, directors, shareholders, employees, agents, subsidiaries, affiliates and third party service providers harmless from any demands, loss, liability, claims or expenses of any nature arising out of or in connection with your or any Sub-User’s breach of any obligation under these Terms of Use, or any act or omission of yours or any Sub-User in connection with your/their use of FMA or MA which is outside of our control, including but not limited to:

your or any Sub-User’s giving of advice, care or treatment to any Visitor or Patient;
your or any Sub-User’s publication of any information in any Practitioner Profile or elsewhere on MA (whether that information is outdated or inaccurate or not);
your or any Sub-User’s attempts to integrate MA with your own practice management and other systems without our assistance.

20. Dispute Resolution

Any dispute arising between you and us in connection with these Terms of Use that cannot be settled by negotiation between us within 30 days of notification by either party to the other of the existence of a dispute must, before any proceeding may be commenced in any court, be submitted (by either party) to arbitration facilitated by the Australian Centre for International Commercial Arbitration in accordance with its ACICA Rules 2016. Despite the existence of a dispute, the parties must continue to perform all their respective obligations under the Agreement.

Nothing in this clause will prevent a party from seeking urgent equitable relief before an appropriate court.

21. General

1. Entire agreement: These Terms of Use, as amended or updated by us from time to time, in conjunction with the Terms of Use agreed by each Sub-User, constitute the entire agreement between us and you in connection with FMA and/or MA.
2. Governing law: These Terms of Use and your access and use of FMA and/or MA are governed by the laws in force in the Australian Capital Territory, Australia
3. Location of use: FMA and MA (including the App) are only intended for use by persons in Australia, and by using it you confirm that you are in Australia at the time of use.
4. Force majeure: We will not be liable for any delay or failure to perform our obligations under these Terms of Use if such delay is due to a Force Majeure Event, being any circumstance beyond our reasonable control that results in us being unable to observe or perform on time an obligation or obligations under these Terms of Use, including any faults, defects, incorrect operation or other circumstance affecting or relating to your access facilities and equipment, along with acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, natural disasters, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, revolution, strikes, famines, large-scale epidemics and pandemics

If a delay or failure is caused or anticipated due to a Force Majeure Event, our obligations will be suspended until such time as the Force Majeure Event has ended. If a delay or failure by us to perform our obligations due to a Force Majeure Event exceeds 60 days, we may immediately terminate the Agreement on providing notice in writing to you.

5. Subcontractors: We may engage subcontractors to assist in the provision of services.
6. Assignment: The benefit of these Terms of Use and an MA account may not be assigned by you or any Sub-User without our prior written consent
7. Relationship: Nothing in this Agreement creates a relationship of partnership, joint venture, agency, employment between the parties.
8. Contact Us: All correspondence regarding these Terms of Use should be addressed to: hello@findmyappointment.com.au or hello@myappointments.app

Last updated 7th July 2022