The MyPractice App (the App) is a platform that allows patients (Patients) to access a range of documents, services and resources via its selected medical practice (Practice).

These terms and conditions (Terms of Service) are entered into between MyPractice App Pty Ltd ACN 645 851 538 (MyPractice, we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our Privacy Policy posted on the MyPractice App and govern your use of the App, including the services (Services) and products (Products) available to users through the App.

The App is available at https://www.mypracticeapp.com.au/ and via other channels or addresses including our mobile applications on the Apple App Store and Google Play Store.

The App is intended to support the delivery of medical care to you by your treating general practitioner at the Practice, by providing you with more convenient access to:

1. medical documents, including prescriptions, medical certificates, specialist referrals, pathology referrals and other similar documents (Medical Documents);
2. resources, including news and updates from the medical practice and bespoke health & wellbeing content; and
3. services, including appointment bookings, home pathology collection bookings and collection or delivery of prescription medication.

We contract with medical practices and other independent providers (Providers) to enable them to supply you, if you direct them to, with Services and Products via the App.

To the extent reasonably necessary to operate and maintain the App and to deliver the Services and Products to you (and as further outlined in our Privacy Policy), we, together with such third parties, may require access to your personal and sensitive information, including to your health information.

1. Not for emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “000” IMMEDIATELY.

Medical emergencies: If you require immediate medical attention, contact your treating general practitioner or call 000.

DO NOT USE the MyPractice App if:

• You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:
• severe chest pain
• heart attack
• stroke
• loss of consciousness
• severe bleeding
• breathing difficulty

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the MyPractice App and instead contact 000 immediately or seek alternative and appropriate medical services.

2. Acceptance

2.1 Your acceptance of, and compliance with, these Terms of Service is a condition to your use of the App, the Services and purchase of Products via the App. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Service provided to you by us or your own provider and applicable privacy policies.

2.2 If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the App, and that they have accepted these Terms on your behalf. If you are a parent or legal guardian allowing a minor to access and/or use the App, you agree to: (1) supervise the minor’s use of the App; (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the App; (3) ensure that the content on the App is suitable for the minor; (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.

2.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the App after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms by emailing us at feedback@mypracticeapp.com.au requesting to have your account deleted.

3. Services provided – no medical care or advice by MyPractice

3.1 MyPractice does not provide medical advice or care. MyPractice contracts with Practices and other independent Providers who deliver the Services and Products via the App to Patients. The Providers and the Practices, and not MyPractice, are responsible for the quality and appropriateness of the Services and Products they render to you.

4. Prescriptions and Product Policy

4.1 MyPractice does not endorse any specific medication, pharmacy, or product. If a Provider prescribes a medication or product, he/she must limit supply based upon relevant regulations and will only prescribe a medication or product as determined in his/her own discretion and professional judgment.

4.2 You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

4.3 The App will display a number of pharmacies near to your home address, however, your selection of pharmacy is not limited to those pharmacies displayed.

4.4 MyPractice recognises and upholds Patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the Provider to transmit that prescription to the pharmacy of your choice.

5. Your use of the software

5.1 For the duration of your use of the Software, we grant to you a limited, non-exclusive, non-transferable, non-sub-licensable, royalty and fee-free licence to access and use the Software for the sole purpose of providing you with access to the App, Services and Products.

5.2 You may access the Medical Documents of people in respect of whom you are either an authorised representative (within the meaning of the Personally Controlled Electronic Health Records Act 2012) or a nominated representative (within the meaning of the Personally Controlled Electronic Health Records Act 2012).

5.3 You agree that you will not use the Software to access or disclose Medical Documents other than your Medical Documents or the Medical Documents of people in respect of whom you are either an authorised representative or nominated representative.

5.4 You acknowledge that:

1. the App is provided over the internet and mobile phone networks and accordingly the quality, speed, availability and reliability of the App may be affected by factors outside our control; and
2. the terms and conditions of use of your mobile network provider continue to apply to you in relation to your use of the App and that this may involve the incurring of fees and charges by your mobile network provider.

5.5 We are not required to provide Updates or New Releases pursuant to this agreement. If we do provide you with any Updates or New Releases then they will form part of the Software and be subject to the terms and conditions of this agreement as varied.

5.6 Except as expressly permitted by sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth), you must not and you must ensure that your officers, employees, agents and contractors do not:

1. decompile, delete, reverse engineer, modify, copy, reproduce, disassemble, adapt, translate, or create any derivative works of the Software, or any Intellectual Property Rights, products, or services obtained from us in respect of the Software; or
2. disseminate, distribute, transmit, display, perform, publish, directly or indirectly sell, transfer, offer for sale, licence, assign, rent, timeshare or sublicense any part of the Software or any copies of the Software.

5.7 Should we suspect that the Software is being used in breach of these Terms of Service, including without limitation this clause, we may terminate this licence without further notice.

6. Medication Services - Collection

6.1 When you use the App to obtain a prescription for medication, the App will provide you with a ‘secure token’, in the form of an alphanumeric code, which may be accessed in the ‘prescriptions’ section of the My Practice App. In order to collect the prescribed medication, you will need to present the secure token to the pharmacist at the time of collection. Collection of medications may be subject to other identity verification requirements, at the discretion of the pharmacist concerned.

6.2 The App is (as at December 2020) available for use on both tablet and handheld mobile devices running Apple and Android operating systems, however, we may cease supporting any such platform (or may add additional platforms) at any time in our absolute discretion.

7. Accounts

7.1 You must register on the App and create an account (MyPractice Account) to access the App’s features.

7.2 You may create multiple sub-accounts, for example, for your children.

7.3 You must provide basic information when registering for a MyPractice Account including your name, mobile number and email address and you must choose a password (Registration Information).

7.4 Once you have registered a MyPractice Account, your account information will be used to create a profile which you may then amend and curate.

7.5 You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

7.6 You are responsible for keeping your account details and password confidential and you will be liable for all activity on your account. You agree to immediately notify us of any unauthorised use of your MyPractice Account. Your MyPractice Account is personal to you and you must not transfer it to others.

8. Licence personal to you

8.1 Your rights pursuant to this agreement are personal and accordingly you cannot assign or purport to assign or otherwise encumber your rights pursuant to this agreement without first obtaining our written consent which consent we may choose to withhold. However, we may assign our rights pursuant to this agreement at any time without providing notice to you first.

8.2 You acknowledge that if you are not the bill payer for/owner of the handheld device or desktop device being used to access this MyPractice App that you have received permission from the bill payer/owner for using the MyPractice App.

9. Electronic Communications

9.1 When you use the Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us or your Provider electronically.

9.2 You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

9.3 MyPractice, your Practice or a Provider may contact you by telephone, mail, or email to verify your account information.

10. Consent to Receive Calls and Text Messages and Video Recording

10.1 By providing your mobile number you are agreeing to be contacted by or on behalf of MyPractice, your Practice or a Provider at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service communications relating to the Services.

10.2 To stop receiving text messages text the word STOP to the number you received the text from. We may confirm your opt out by text message. Please note, that by withdrawing your consent, certain Services may no longer be available to you.

11. Intellectual Property Rights

You acknowledge and agree that:

11.1 as between the parties, and without regard to the ownership rights of third parties, our right, title, and interest in and to the Software, trademarks and any other Intellectual Property Rights that comprise the Software and the branding associated with the Software (including any goodwill or other benefits accruing from your use of the Software, trademarks and other Intellectual Property Rights), shall inure to our benefit; and,

11.2 we own the Software, trademarks and other Intellectual Property Rights that comprise the Software and the branding associated with the Software.

12. Limitation of liability

12.1 To the extent permitted by law, we do not warrant that:

1. the Software will operate uninterrupted, or can be accessed and used by you or your officers, employees, agents and contractors at all times without interruption;
2. the Software will be free from defects or errors;
3. the Software will be, or is, compatible with any software, hardware or service utilised by you, or your business;
4. that any data transmissions between you and us will be secure and that any data you send us shall at all times remain secure.

12.2 Subject to clause 12.3, to the full extent permitted by law all express and implied warranties and conditions (whether by statute, common law, equity, trade, custom, usage or otherwise) that in any way relate to the Software and the provision of any services provided by us pursuant to this agreement are expressly excluded.

12.3 You acknowledge and agree that to the full extent permitted by law we exclude all liability for indirect or consequential loss or damage (including but not limited to, lost revenue, business, profit, goodwill or data) suffered or otherwise incurred by you in any way relating to this agreement, any operation of the Software (including its defective operation), regardless of the basis of such liability and even if advised of the likelihood of such loss or damage and including, without limitation, loss or damage in the nature of, or relating to, death or personal injury arising out of any incorrect medication, dosage or medication information.

13. Termination

13.1 Your MyPractice Account and these Terms may be terminated by you at any time, by emailing feedback@mypracticeapp.com.au and asking us to delete your account.

13.2 We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

13.3 We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

1. you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
2. there is any reason outside our control which has the effect of compromising our ability to provide the Services or Products; or
3. you are unable to pay your debts as they fall due.

13.4 Upon expiry or termination of these Terms:

1. we will remove your access to the App;
2. we will immediately cease providing the Services and Products to you;
3. you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you.

13.5 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

13.6 This clause will survive the termination or expiry of these Terms.

14. Governing law

14.1 This document is governed by and construed in accordance with the laws for the time being in force in the State of New South Wales.

14.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia including any courts having appellate jurisdiction.

15. Dealings with personal and health information

15.1 You agree that the terms of our Privacy Policy apply to our collection, use, disclosure, storage and deletion of your personal information (including without limitation your “personal information” as defined by the Privacy Act 1988), your health information [which is also known as sensitive information] and data concerning your medical visits, diagnoses, prognoses, referrals, prescriptions and pharmacy purchases.

15.2 The MyPractice App uses Google Maps API to validate addresses. By using this function on MyPractice App you agree to be bound by Google’s Terms of Service, as updated from time to time.

16. Definitions

16.1 Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

16.2 Licence means the licence of the Software granted pursuant to this agreement.

16.3 MyPractice App means the Software developed by us and known as the MyPractice App which may be used on Apple and Android operating systems.

16.4 New Release means software which has been provided primarily to implement an extension, alteration, improvement or additional functionality to the Software.

16.5 Software means the App software and related applications and all Updates and all New Releases.

16.6 Update means software which has been produced primarily to overcome defects in the licensed Software.

16.7 you, your or derivatives of any of these terms means (as applicable): (1) the person registered with us as a Patient; or (2) the person who has accepted these terms and conditions of use relating to the MyPractice App.

16.8 we, us, our or derivatives of any of these terms means MyPractice App Pty Ltd ACN 645 851 538.

Contact us

For any questions or notices, please contact us at:

MyPractice App Pty Ltd

Email: feedback@mypracticeapp.com.au

Last updated: September 2021