Terms of Service

1.These terms

These terms apply between Medviax Pty Ltd (ABN 65 702 830 135), which provides Medervia (“we”, “us”), and the organisation whose staff use the platform. By creating an account you agree to them on behalf of your practice, and you confirm you are authorised to do so.

Where your practice has signed a separate written agreement with us, that agreement prevails over these terms to the extent they conflict. Our Privacy Policy forms part of these terms.

2.What Medervia is, and what it is not

Medervia is a suite of apps for medical administration, such as Assignment of Benefit, Form Builder and Gender Reveal, sitting on a shared platform for accounts, clinics, contacts, practitioners, messages, permissions and audit history. It prepares documents, sends them to the people they are for, records what happened, and retains the result.

Medervia is not an electronic health record, a practice management system, a hospital information system, or clinical decision support. It does not diagnose, treat, triage or advise. It does not claim to Medicare, a health fund or any other payer on your behalf, and it does not sit in the path of a claim.

Nothing in the platform or on this website is legal, medical, taxation or accounting advice.

3.Your account and your team

You are responsible for the accuracy of your account details, for the people you invite into your organisation, and for the permissions you grant them. An owner or administrator of an organisation can see and change what that organisation holds.

Sign-in is by a code sent to your email address, so keep control of the mailbox you register. Tell us promptly if you believe an account has been accessed by someone who should not have it.

4.Your responsibilities

Some responsibilities cannot sensibly sit with us, because only your practice is in a position to discharge them.

• •You are responsible for having the authority to provide any patient information you put into the platform, and for whatever notice or consent your own obligations require.
• •You are responsible for the content and accuracy of documents you generate, and for reviewing a document before it is sent. Medervia checks that a document type carries the information it requires; it does not verify that what you entered is true.
• •You are responsible for your practice's own compliance with the laws that apply to it, including record keeping, privacy and any billing or claiming rules. Using Medervia does not make your practice compliant with anything, and we make no representation that it does.
• •You must keep the contact details you hold for your patients accurate, since that is where documents and links are sent.

5.Acceptable use

Use Medervia for the administration of your own practice, for the people it serves. Do not use it to send unsolicited commercial messages, to distribute information about a person to anyone who has no proper reason to receive it, to attempt to reach another organisation's records, to probe or interfere with the platform's security, or to resell access to it.

Do not attempt to identify an individual from information we have de-identified, and do not use the platform in a way that would put us in breach of a law that applies to us.

6.Your information, and getting it back

Information your practice puts into Medervia remains yours. We hold it to provide the platform to you, and we handle it as described in our Privacy Policy. We grant ourselves no right to use it for anything else.

While your account is active you can download the documents your practice has issued, and you can ask us for an export of the records you hold with us. On termination we will make a reasonable export available on request for a defined window and then destroy what we hold, subject to any retention period the law requires us to observe first.

One limit is worth being plain about: where retention law requires a record to be kept, we cannot delete it on request merely because you asked.

7.Documents kept as records

Where a document is retained as evidence that something was agreed, the platform stores the version that was presented and accepted and does not regenerate or amend it. A correction is a new record rather than an edit to an old one. This is deliberate, and it means you should treat a finalised document as final.

We do not represent that a document produced by the platform satisfies any particular legal requirement in your circumstances. If that matters to your practice, take your own advice on it.

8.Services we depend on

The platform relies on third parties for hosting, database and storage, email delivery, payments and notifications; our Privacy Policy names them. A clinic may also connect its own AI tool, which is that clinic's choice and that provider's service.

Medervia is designed to connect to practice management software in future. Where a connection is offered and you use it, that system's availability becomes part of your workflow. We are not responsible for another provider's outage, but we will tell you what we know about one.

9.Fees

The platform itself is free. Each app has a monthly price shown on our pricing page and in the marketplace, in Australian dollars and before GST, which your invoice adds. When your practice has two or more paid apps, a discount applies to every one of them, as the pricing page describes.

Many apps start with a free period, once per business, with no card and no charge. A free period needs your practice's ABN, and we may check with the Australian Business Register that it is active; an ABN, or a confirmed reply-to address, that has had an app's free period in one practice does not have it again in another. Subscribing is a choice an owner or administrator makes; from then on you are billed monthly in advance by card or by BECS direct debit from an Australian bank account, through our payment provider, Stripe. A direct debit can take up to three business days to clear. An app added part-way through a month is charged for the rest of that month when it is added.

Removing an app takes effect at the end of the period already paid for, and the app keeps working until then. We may change prices; a change will not apply to your practice before we have told you about it.

10.Availability, changes and support

We aim to keep the platform available and to warn you before planned maintenance, but we do not offer a service level commitment. We may change how the platform works, and we will give reasonable notice of a change that materially reduces functionality your practice relies on.

Support is through Support inside Medervia, or the contact form on our website, on a best-efforts basis.

11.Intellectual property

The platform, its software, its designs and the Medervia name and marks belong to us. You get a non-exclusive, non-transferable right to use the platform for your practice while your account is active, and nothing more. Your own information, and any logo or template you supply, remains yours; you licence it to us only so far as is needed to provide the platform to you.

If you give us feedback, we may act on it without owing you anything for it.

12.Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to supplying the service again or paying the cost of having it supplied again.

Otherwise, and to the extent the law allows: neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings; and our total liability arising in connection with the platform is limited to the fees your practice paid us in the twelve months before the claim.

We are not liable for a consequence of information your practice entered incorrectly, for a document your practice sent to the wrong person, or for the acts of a third-party service outside our control.

13.Suspension and termination

You can stop using Medervia and close your account at any time. We can suspend or terminate access if these terms are breached, if the platform is being used in a way that risks harm to a person or to the platform, or if we are required to by law. Where circumstances allow, we will tell you first and give you an opportunity to fix the problem.

We may discontinue an app, with reasonable notice and an opportunity to export your information.

14.Changes to these terms

We will update these terms as the product develops, and the date at the top will change with it. For a change that materially affects your practice we will give notice before it takes effect. Continuing to use the platform after that means you accept the change.

15.Governing law

These terms are governed by the law of South Australia, and the parties submit to the non-exclusive jurisdiction of its courts.

16.How to contact us

Questions about these terms can be sent through the contact form on our website, at medervia.com/contact.