Smart Referral Pty Ltd - Terms and Conditions
Welcome to Smart Referral, a directory of medical professionals designed to assist you find the right medical professional for your needs.
DISCLAIMER: We are not medical professionals and do not provide medical advice, treatment or diagnoses. You acknowledge and agree that nothing on Smart Referral’s platform or site may be taken to be medical advice, treatment or a diagnosis by us or our representatives nor are they intended to be a substitute for consulting a medical professional for your particular circumstances and needs.
We provide a platform (Platform) where health consumers requiring specialist medical services (Health Consumers) can find and connect with registered medical specialists (Specialists). The Platform is available at smartreferral.com.au and may be available via other channels or addresses.
In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Health Consumer or Specialist; or (2) the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
As a Health Consumer you accept these Terms by engaging or adding any information or uploading referral letters to the Platform.
As a Specialist you accept these Terms by signing up to a plan, either paid or free and listing your information on the Platform.
You must be 18 years old to use the Platform. 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 Platform, and 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 Platform, you agree to: (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform 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.
We may amend these Terms at any time, by providing written notice to you. By submitting your information to the Platform or by continuing to use the Platform 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 in accordance with the “Cancelling Membership” clause.
The Platform is a directory where Health Consumers can find Specialists appropriate for their medical needs. We provide the Platform to users (including hosting and maintaining the Platform), to assist Health Consumers to connect with appropriate Specialists (together the Smart Referral Services). You understand and agree that we only make available the Platform and the Smart Referral Services. We are not party to any agreement entered into between a Health Consumer and Specialist and we have no control over the conduct of Health Consumers, Specialists or any other users of the Platform.
A Specialist wanting to provide services must create an Account on the Platform and accurately and truthfully complete a description of the services they can provide including their specialist registration details and qualifications (Specialist Listing). A Specialist Listing must comply with applicable laws and advertising requirements, including but not limited to the Health Practitioner Regulation National Law.
A Health Consumer seeking specialist medical services creates an Account on the Platform to view and browse Specialists via Specialist Listings. A Health Consumer may then contact the Specialist to request services described in a Specialist Listing by using the Specialist’s contact details provided on the Specialist Listing.
A Health Consumer may also upload a copy of their referral letter from a general practitioner in order to be matched with an appropriate Specialist (Health Consumer Request). If you upload a Health Consumer Request, we will provide you with a tool to ‘black-out’ any identifying information. It is your responsibility to de-identify or remove any identifying information from the referral letter and, to the extent permitted by law, we will not be liable for any identifiable information included in a Health Consumer Request.
If a Specialist desires to provide services to a Health Consumer in accordance with a Health Consumer Request, the Specialist will make an offer through the Platform detailing the services to be provided and the cost for the services (including any applicable Medicare rebates and/or out-of-pocket expenses) and available dates (Offer). By making an Offer, the Specialist confirms that they are legally entitled to and capable of providing the services described in the Offer. A Health Consumer may accept a Specialist’s Offer through their secure login. Once an Offer is accepted, the details of both the Health Consumer and Specialist will be shared to both parties to communicate outside of the Platform.
You must register on the Platform and create an account (Account) to access the Platform’s features.
You may only have 1 Account as a Specialist and 1 Account as a Health Consumer on the Platform. However, if you are a Health Consumer, you may have multiple profiles for members of your family (Profiles).
You must provide basic information when registering for an Account including your business name, contact name and email address and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
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.
Your Account is personal and you must not transfer it to others, except with our written permission.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are a Specialist, we will review your request for an Account before approving the request. We may request additional information, including your specialist registration details and qualifications. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services, threshold of reviews.
If you are a Specialist, when you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services and different membership periods (monthly or annual) as set out on our Platform.
If you are a Health Consumer, it is free to register an Account on the Platform and to upload Health Consumer Requests.
If you are a Specialist, once you have created an Account and chosen a Membership, you agree to pay the membership fee set out on the Platform (Membership Fee) to access/use certain features on the Platform and benefit from your Membership.
To the extent permitted by law, the Membership Fee is non-refundable and non-cancellable once paid.
The Membership Fee will be charged upfront on a monthly basis for annual Memberships on the calendar day corresponding to when you created your Account (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Membership began on a day not contained in a given month.
The Membership Fee you select is for a minimum term of 12 months. Early cancellation will require the full-term of 12 months to be paid for, unless stated or approved otherwise.
If you do not cancel your annual Membership in accordance with the cancellation clause below, it will be renewed for another year at the end of your current Membership term. We will notify you 30 days prior to the end of the current Membership term.
We may modify our Memberships and the Membership Fees from time to time. For annual Memberships, the price changes will apply to you no earlier than the start of your renewed Membership. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Membership in accordance with the cancellation clause below.
We may from time to time issue promotional discounts for the Platform. The conditions of use relating to promotional discount will be specified on the Platform at the time they are issued.
Upgrading or downgrading your Membership
You may upgrade or downgrade your Membership to another paid tier at any time in the Account page / manage Memberships (or similar) or by sending us an email. The payment method linked to your Account will automatically be charged the Membership Fee for your new Membership tier on the Payment Date on which the upgrade or downgrade becomes effective.
The upgrade or downgrade will apply immediately using a pro-rata calculation, based on how many days remain in the current billing month.
If your need to upgrade is urgent, please send us an email and we may upgrade your Membership prior to the Payment Date on which the upgrade was due to become effective. We may organise for the payment method linked to your Account to be charged the pro-rata Membership Fee for your new Membership tier.
You may cancel your Membership at any time in the Account page / manage Memberships (or similar) section of your Account settings.
The cancellation will apply to the next year for annual Memberships if you cancel your Membership at least 10 business days before the next Payment Date.
If you cancel your Membership less than 10 business days before the next Payment Date, you will be charged the Membership Fee on the next Payment Date and the cancellation will become effective the next year for annual Memberships.
We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
Health Consumers and Specialists can communicate privately using our live or offline using the listed contact details. Health Consumers and Specialists must use the contact details to organise the provision of the services off the Platform.
Reviews and Feedback
Due to the restrictions on the advertising of regulated health services under the Health Practitioner Regulation National Law, Health Consumers may not review their experience with a Specialist on the Platform. You may, however, provide feedback to us about our Smart Referral Services or the Platform generally. A Health Consumer may also give feedback to a Specialist about their experience with the Specialist. Such feedback is strictly between the Health Consumer and the Specialist and to the maximum extent permitted by law, we are not responsible for the content of any feedback. Feedback will not be viewable on the Platform.
We may allow you to (1) post, upload, publish, send or receive relevant content and information (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Smart Referral Content and together with User Content, Content).
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
You represent, warrant and agree that:
- you will not use our Platform, including the Content, in any way that competes with our business;
- there are no legal restrictions preventing you from entering into these Terms;
- all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
- you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
- you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
- where you are a Specialist, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Specialist Listing; and
- where you are a Specialist, you are appropriately qualified, registered, and have any required skills, knowledge or training, to provide the services.
Australian Consumer Law
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
As a Health Consumer, the services provided by a Specialist may also confer on you certain rights under the ACL.
This clause will survive the termination or expiry of these Terms.
Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
- your or your personnel’s acts or omissions;
- any use or application of the Smart Referral Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- any aspect of the Health Consumer and Specialist interaction including the services offered by the Specialist, the description of the services requested or offered, any advice provided, the performance of services by the Specialist.
- any works, services, goods, materials or items which do not form part of the Smart Referral Services (as expressed in these Terms), or which have not been provided by us;
- any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
- the Smart Referral Services being unavailable, or any delay in us providing the Smart Referral Services to you, for whatever reason; and/or
- any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Limitations on liability
Despite anything to the contrary, to the maximum extent permitted by law:
- we will not be liable for Consequential Loss;
- each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of that Party’s personnel); and
- our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Smart Referral Services to you or, in our sole discretion, to us repaying you the amount of the Membership Fees paid by you to us in respect of the supply of the Smart Referral Services to which the Liability relates, or where there are no Membership Fees paid. This is up to a maximum amount of 12 months at the monthly rate of your current membership.
This clause will survive the termination or expiry of these Terms.
Privacy Collection Statement
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you access to the Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your in the Account page section of your Account settings.
We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
- 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;
- there is any reason outside our control which has the effect of compromising our ability to provide the Smart Referral Services; or
- you are unable to pay your debts as they fall due.
These Terms will terminate immediately upon written notice by you, if we:
- are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
- are unable to pay our debts as they fall due.
Upon expiry or termination of these Terms:
- we will remove your access to the Platform;
- we will immediately cease providing the Smart Referral Services;
- you agree that any payments made by you to us are not refundable to you; and
- where we terminate the Terms for any reason, you also agree to pay us our additional costs arising from, or in connection with, such termination.
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination or expiry of these Terms.
As a Specialist, we may request that you provide evidence of your medical indemnity insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the specialist services you choose to provide to Health Consumers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Health Consumer and us, or a Specialist and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of NSW to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
Smart Referral Pty Ltd ABN 57 640 492 137
Last update: 16 July 2020