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Medical Billing Service

Terms of Use

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TERMS OF USE:

Medical Billing Service – Website Terms of Use

WHO WE ARE AND HOW TO CONTACT US

https://medbillingservice.com.au/ is a website (‘Site‘) operated by Medical Billing Service ABN 29 736 008 194 (‘we‘, ‘us‘ and ‘our‘).

To contact us, please email e[email protected]

CONSENT:

By using our Site and the ‘MBS Claims’ iOS and Android mobile application operated by us (‘App‘), you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site or App.

As used herein, “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses our Site and App.

There are other conditions governing your use of our Site and App, including without limitation our privacy policy which is available from our Site (‘Privacy Policy’).

WE MAY MAKE CHANGES TO THESE TERMS:

We amend these terms from time to time. Each time you wish to use our Site and App, please check these terms to ensure you understand the terms that apply at that time.

These terms were most recently updated on 5 October 2020.

WE MAY MAKE CHANGES TO OUR SITE:

We may update and change our Site and App from time to time to reflect changes to our products, our users’ needs, changes in law and our business priorities or other reasons. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE:

We do not guarantee that our Site or App, or any content on it, will always be available, uninterrupted or be error-free.

We may suspend or withdraw or restrict the availability of all or any part of our Site or App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site or App through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

PRIVACY:

Our Privacy Policy explains how we store and use, and how you may access and correct your personal information (as defined in the Privacy Act 1988 (Cth)), how you can lodge a complaint regarding the handling of your personal information and how we will handle any complaint.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy. This includes consent to the collection, use, storage and disclosure of sensitive information (as that term is defined in the Privacy Act 1988 (Cth)) you provide to us whether or not the sensitive information is directly requested by us.

You must not use, or cause the Site or App to be used, in any manner or for any purpose prohibited by any applicable privacy laws.

DEVICES:

You are responsible for keeping the device you use to access the App (‘Device’) up-to-date with the standard unmodified Android or iOS operating software. We will not be liable to you for any misuse, interference, loss, unauthorised access, modification or disclosure of data stored on your Device, including personal information and sensitive information (as those terms are defined in the Privacy Act 1988 (Cth)) if your Device is hacked, compromised, stolen, lost or otherwise interfered with.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [insert email or contact details].

 HOW YOU MAY USE MATERIAL ON OUR SITE:

We are the owner or the licensee of all intellectual property rights in our Site and App, and in the material published on it.

Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on our Site and App must always be acknowledged.

You must not use any part of the content on our Site or App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site or App.

NO RELIANCE:

The Site and App are provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site or App.

The content on our Site and App is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Site and App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site and App is accurate, complete or up-to-date.

LINKS:

Where our Site or Apps contain links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

LIMITATION OF LIABILITY:

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site or App, any websites linked to it, any content on our Site or App or such other websites or any services or items obtained through our Site or App or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site or App, including, but not limited to your use of any information obtained from the Site or App and any use of the Site’s or App’s content, services and products other than as expressly authorised in these terms.

We do not guarantee that our Site or App will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Site and App. You should use your own antivirus software.

RULES ABOUT LINKING TO OUR SITE:

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of the content on our Site other than that set out above, please contact e[email protected].

GOVERNING LAW:

These terms of use, their subject matter and their formation, are governed by Victorian law. You and we both agree that the courts in Victoria will have exclusive jurisdiction.

PROHIBITED USES:

You may use the Site and App only for lawful purposes and in accordance with these terms. You agree not to use the Site or App:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or App, or which, as determined by us, may harm us or users of the Site or App or expose them to liability.

Additionally, you agree not to:

  • use the Site or App in any manner that could disable, overburden, damage, or impair the Site or App or interfere with any other party’s use of the Site or App, including their ability to engage in real-time activities through the Site or App;
  • use any robot, spider or other automatic devices, process or means to access the Site or App for any purpose, including monitoring or copying any of the material on the Site or App;
  • use any manual process to monitor or copy any of the material on the Site or App or for any other unauthorised purpose without our prior written consent;
  • use any automatic or manual process to reverse engineer or decompile any part of the Site or App;
  • use any device, software or routine that interferes with the proper working of the Site or App;
  • introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
  • attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site or App, the server on which the Site or App is stored, or any server, computer or database connected to the Site or App;
  • attack the Site or App via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Site or App.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

FURTHER TERMS AND CONDITIONS:

Additional terms and conditions may also apply to specific portions, services or features of the Site and the App. All such additional terms and conditions are incorporated by this reference into these terms.