TERMS OF USE:
1. GENERAL
1.1 The Medical Billing Service website hosted at www.medbillingservice.com.au and related subdomains (Website), as well as the Medical Billing Service mobile claims application (App) is provided to you by The Intensive Care Academic Fund ABN 45 494 705 227 (trading as Medical Billing Service) (we, us or our).
1.2 We are a medical billing agent operating on behalf of doctors Australia wide, and offer a comprehensive service in relation to both ambulatory and hospital patients. Using either the Website or the App, our clients can access the ‘MyMBS Portal’ and submit billing information directly to us. From there, we will process clients’ bills, take care of the collection of payments and provide regular reports.
1.3 These terms of use (Terms) apply to your use of the Website and the App (including your access to and use of the MyMBS Portal) even if you are just browsing, so it’s important that you read and understand them. If you do not agree to these Terms, then you must not access or use the Website or the App.
1.4 Your use of the Website and the App is also governed by our privacy policy, available at https://medbillingservice.com.au/privacy -policy/ (Privacy Policy), and any instructions or restrictions of use notified by us to you from time to time (through the Website, the App or otherwise).
1.5 These Terms are in addition to any other terms we agree in writing with you in relation to your use of the Website and/or the App (including, without limitation, relating to pricing). If there is any inconsistency between such other written terms and these Terms, then those other written terms will prevail to the extent of the inconsistency.
1.6 We reserve the right to update the Website and/or the App, and change these Terms from time to time, at our discretion. Any amended Terms will apply to your use of the Website and the App from the date on which they are published by us and made available via the Website and/or the App. It is your responsibility to review any updated Terms when they become available and your continued use of the Website or the App after such changes have been made, indicates your acceptance of the updated Terms.
1.7 If you experience any problems with the Website or the App, you can contact us by email at enquiries@medbillingservice.com.au. We will use our reasonable endeavours to resolve any problems and / or offer any assistance as soon as practicable.
2. USER ACCOUNT
2.1 If you wish to use certain features or aspects of the Website or access and use the App including the MyMBS Portal, you must first create a user account by providing us with certain registration details.
2.2 If you do register and create an account with us, you must ensure that your registration details are true and accurate, and you agree to update your account information when required or when requested. You must not have more than one account.
2.3 It is your responsibility to keep your account details confidential and you must not provide the details of your user identification code or password to any other person. If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to change your password and promptly notify us by sending an email to enquiries@medbillingservice.com.au.
2.4 You may elect to cancel or close your account at any time. You will need to contact us at enquiries@medbillingservice.com.au for assistance.
3. USE OF THE WEBSITE AND/OR THE APP
3.1 Whether or not you create a user account with us, you must not:
(a) use the Website or the App: 2 3437-5238-6338, v. 1
(i) in any way that is misleading, fraudulent or unlawful;
(ii) to cause nuisance, annoyance or inconvenience to any other person; or
(iii) in any manner that is inconsistent with these Terms, or any instructions or restrictions of use notified by us to you (through the Website, the App or otherwise);
(b) interrupt or attempt to interrupt the operation of the Website or the App in any way;
(c) access, or attempt to access, data or any part of the Website or the App that is not intended for you or which you are not authorised to access;
(d) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from the Website or the App; (e) supply any content or engage in conduct that:
(i) would cause you or us to breach any law;
(ii) could infringe any person’s rights, including their intellectual property rights; or
(iii) may harm our reputation;
(f) use any automatic or manual process to reverse engineer or decompile any part of the Website or the App or use any device, software or routine which is designed to interfere with the proper working of the Website or the App;
(g) pretend that you are, or represent, someone else;
(h) probe, scan or test a system or network to breach security or authentication measures;
(i) send or post unsolicited bulk emails, ‘spam’ or other unsolicited communications through the Website or the App;
(j) upload, post, email, transmit or otherwise make available any material that contains software, viruses or any computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, networks or telecommunications equipment.
(k) use any robot, spider, scraper or other automated measures to access or use the Website or the App, or circumvent any technical measures we use to provide the Website or the App;
(l) track or monitor any content, user or Website or App functionality without our authorisation; or
(m) impose an unreasonable load on our systems or networks.
4. YOUR CONTENT
4.1 Nothing in these Terms affects the ownership of any words, images or other materials that you submit to the Website or the App or otherwise provide to us (Your Content).
4.2 By providing Your Content to us, you:
(a) represent that any information comprising Your Content is true and correct and acknowledge that we will rely on that information in providing our services to you;
(b) promise that you own or otherwise have the right to use Your Content and that use of Your Content will not infringe anyone else’s rights or otherwise violate any law;
(c) warrant that Your Content is not misleading, dishonest, fraudulent or unlawful; and
(d) grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate Your Content for the purpose of operating our business, including providing services to you. 3 3437-5238-6338, v. 1 4.3 You acknowledge that you may be required to indicate your acceptance and approval of information contained in any forms you submit to us via the Website and/or the App and we intend to rely on any forms and attached documents which you submit online as if they were received with your signature in hard copy form.
5. OUR CONTENT
5.1 The Website and the App, and all content on them (excluding Your Content) is either owned by us or licensed to us. This includes:
(a) the functionality and performance of the Website and the App;
(b) the design, compilation and look and feel of the Website and the App;
(c) all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the Website and the App;
(d) all logos, business names or domain names used in connection with the Website or the App; and
(e) any enhancements additions, modifications and variations of the Website or the App. 5.2 The names, images and logos on our Website and App which identify us are our proprietary marks and no use should be made of them by you without our prior written consent.
6. DISCLAIMERS
6.1 We will use reasonable efforts to ensure that the Website and the App (including the MyMBS Portal) are available 24 hours a day, seven days a week. However, sometimes the Website and/or the App may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages and keep interruptions to a minimum, but we are not responsible for any delay, loss or other damage you may suffer as a result of any error or interruption in accessing or using the Website and/or the App.
6.2 We do not represent or warrant that:
(a) any content or information accessible via the Website or the App is accurate, complete, reliable, current, or error-free;
(b) your use of the Website or the App will be continuously available or that your use of either of them will be uninterrupted (including as a result of interference or prevention of access to the Website or the App due to the operation of any telecommunications network, computer network and/or the internet);
(c) any information (or messages) transmitted via the Website, or the App will be transmitted accurately, reliably, in a timely manner, or at all;
(d) the Website or the App will be error-free or free from viruses or anything else which may have a harmful effect, or that any defects will be corrected; or
(e) the Website or the App will be accessible on your equipment and/or systems.
6.3 You acknowledge that:
(a) you will need a compatible smartphone or other device to access the Website and/or the App and we do not provide these to you;
(b) use of the Website and the App requires internet connectivity and data. We are not responsible for your provider’s mobile internet rates and fees in accessing or using the Website or the App, and disclaim all responsibility for your arrangements with your provider including network access and data allowances; and
(c) the App will be made available through, or downloaded from, certain app stores or distribution platforms (for instance, the Apple App store and the Google Play store) (App Provider) and you may 4 3437-5238-6338, v. 1 be required to create an account to access the services of any App Provider. You acknowledge and agree that:
(i) the relevant App Provider will have their own terms and conditions which will apply to any purchases that you make via that App Provider; and
(ii) we are not liable for any claims you have relating to any App Provider’s services and we expressly exclude all warranties and representations as to the services provided by App Providers. 6.4 We reserve the right to update and change the Website and/or the App (including the MyMBS Portal) from time to time to reflect changes to our services, our clients’ needs, changes in law, our business priorities or practices, or other reasons. We will use reasonable efforts to notify you of any major changes to the Website and/or the App but will not be liable for any failure to do so.
7. SECURITY MEASURES
7.1 Your account with us is valuable and you are responsible for maintaining its confidentiality and security.
7.2 You are solely responsible for keeping all software up to date on any devices you use to access the Website and/or the App to minimise the risk of a malware infection or security breach. You must also use appropriate security features on your devices to otherwise protect them from misuse. We will not be liable to you for any misuse, interference, loss, unauthorised access, modification or disclosure of data stored on your device (including any personal information or 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.
7.3 To help protect your account, the Website and/or the App may include measures to control access to the Website and/or the App, or control access to certain features or content. By way of example, the MyMBS Portal will timeout after a certain period of inactivity.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1 Unless otherwise agreed with you in writing and to the maximum extent permitted by law:
(a) we exclude any and all warranties and representations in relation to the Website and the App or any services provided in connection with either of them, whether express or implied by statute, common law, equity or otherwise; and
(b) the Website and the App are provided on an “as is” basis.
8.2 In no event will we be liable to you or any other person for any indirect, special or consequential loss or damage, including, but not limited to loss of profits whether direct or indirect, loss of revenue, lost data, or business interruption, arising from or in connection with the use by you of the Website and/ or the App or any services provided in connection with either of them.
8.3 Without limiting paragraph 8.2, our total aggregate liability to you in connection with use by you of the Website and/or the App, is limited to AU$20.00.
8.4 To the extent that you acquire services from us as a consumer within the meaning of the Australian Consumer Law, then our liability to you in relation to our breach of any of the non-excludable obligations under the Australian Consumer Law is limited to (at our option) us supplying the relevant services to you again or the cost of having the services supplied again.
8.5 You acknowledge and agree that you are liable and solely responsible for:
(a) your use (or misuse) of the Website and/or the App;
(b) your Content; and
(c) your breach of these Terms or any applicable law (including, without limitation, all laws relating to data protection and privacy). 5 3437-5238-6338, v. 1 8.6 You indemnify and hold harmless Medical Billing Service (and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) from all claims, liabilities, losses, and costs arising directly or indirectly from:
(a) any of the matters set out in paragraph 8.5 above; and
(b) any infringement by you of our intellectual property rights.
9. LINKS TO OTHER SITES AND THIRD PARTY CONTENT
9.1 The Website and/or the App may contain advertisements or links to third party apps, sites, or resources (together Other Sites). The Website and/or the App may also display, include or make available content, data, information advice, opinions or materials from third parties (Third Party Content).
9.2 You acknowledge and agree that:
(a) we have no control over and do not accept or assume any responsibility for Other Sites or for the contents, products or services of Other Sites, and we accept no responsibility for any liability, loss, damage, expense or cost that may arise from your use of them;
(b) we do not guarantee the accuracy, reliability, currency, correctness or completeness of any Third Party Content;
(c) where Third Party Content contains opinions or advice of third parties, we do not purport to endorse the contents of that opinion or advice, nor the accuracy or reliability of that opinion or advice; and
(d) if you decide to access any Other Sites or rely on any Third Party Content, you do so entirely at your own risk.
9.3 You may link to our Website home page, provided you do so in a way that is fair, legal and does not damage our reputation. 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.
9.4 Our Website must not be framed or mirrored on any other website, and you must not create a link to any part of our Website other than the Website home page.
9.5 If you wish to link to our Website, other than in the manner permitted by this paragraph 9, please contact us at enquiries@medbillingservice.com.au.
10. PRIVACY
10.1 We are committed to protecting the privacy of the personal information you provide to us through the Website and/or the App. Any personal information submitted through the Website or the App by you is subject to our Privacy Policy (which may be updated from time to time).
10.2 By accessing and using the Website and/or the App, you consent to us collecting, storing and using your personal information in accordance with our Privacy Policy (including any sensitive information as that term is defined in the Privacy Ac 1988 (Cth). If you do not agree to this, then you should cease use of the Website and/or the App.
11. FEEDBACK
11.1 Any questions, feedback, suggestions or other information regarding the Website or the App provided by you to us (Feedback) are non-confidential and become our sole property. We will own exclusive rights, including all intellectual property rights, in any Feedback and will be entitled to use the Feedback for any lawful purpose without acknowledgement or compensation to you. 6 3437-5238-6338, v. 1
12. SUSPENSION AND TERMINATION
12.1 If at any time we believe you have not complied with these Terms, we may, without prior notice and without liability to you or anyone else, immediately remove, cancel, terminate or suspend access to your registered user account, or otherwise restrict your access to the Website and/or the App.
12.2 We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone in breach of these Terms.
12.3 In the event of termination, paragraphs 5, 8, 12.4 and 13 of these Terms will survive.
12.4 Our rights under this paragraph 12 will not prejudice any other right or remedy we may have in respect of any breach, or any rights, obligations or liabilities accrued prior to termination.
13. GENERAL
13.1 These Terms constitute the entire agreement between you and us with respect to your use of the Website and/or the App.
13.2 These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australian and any courts which may hear appeals from those courts.
13.3 Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute a waiver.
13.4 We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without providing you notice or obtaining your consent. In such circumstances, we may transfer or assign your personal information as provided by you to us, subject to the terms of our Privacy Policy.
Last updated March 2023