Welcome to MediSquared! We are an online booking platform that not only enables healthcare professionals to easily find and book medical consulting rooms and suites on a sessional basis, but also provides a seamless avenue for medical practitioners and property owners to list their available spaces, connecting them with a wide network of users seeking short-term, flexible room solutions
WHAT PARTS OF THESE TERMS APPLY TO ME?
These terms govern your use of the Medi Squared platform and any other products and services made available through the Platform, its related websites and applications (collectively referred to in these terms as the ‘Platform’). By using the Platform, you agree to be bound by these terms which forms a binding contractual agreement between you, the “User”, and us, Medi Squared Pty Ltd ABN 63 655 073 859 (MediSquared, Medi Squared, we or us).
The remainder of these terms is divided into three parts:
• Part A (All Users), which sets out terms that apply to all Users;
• Part B (Service Providers), which sets out additional terms that apply to Service Providers, being owners or managers of commercial spaces or providers of any other products (including equipment such as chairs, beds, day beds) (Products) and services made available through the Platform (Host Services); and
• Part C (Customers), which sets out additional terms that apply to Customers, being Users who search for, book and use Host Services.
If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.
If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.
We may use third-party APIs. Your use of these APIs is subject to that third-party software provider’s terms and conditions. For example, some areas of the Platform implement Google Maps/Earth mapping services, including Google Maps APIs. Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Part A All Users
1 SCOPE AND NATURE OF THE PLATFORM
(a) The Platform is an online medium which facilitates the introduction of Customers and Service Providers and allows Customers to make a booking for Host Services (a Reservation).
(b) As the provider of the Platform, Medi Squared does not own, control, offer or manage Host Services or any Service Listings (defined in clause 1(a) of Part B). Medi Squared is not a party to the contracts concluded directly between Customers and Service Providers, nor is Medi Squared a real estate broker or insurer.
(c) Medi Squared is not acting as an agent, or in any other capacity for any Users except as expressly specified in these terms.
(d) We maintain other terms and policies that supplement these terms like our Privacy Policy <a href=http://www.medisquared.com.au/privacy-policy>Privacy Policy</a>, which describes our collection and use of personal information.
(e) Service Providers and Customers are solely responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to the provision or use of any Host Services.
(f) Users, Customers and Service providers are solely responsible for their own actions or inactions, including a Host’s provision of any Host Services and a Customer’s use of any Host Services.
2 ELIGIBILITY
(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
(i) over the age of 18 years and accessing the Platform for personal use; or
(ii) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
(b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
(c) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these terms. If you are accepting these terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
3 ACCOUNTS
(a) In order to use most of the functionality of the Platform, Users may be required to sign-up, register and receive an account through the Platform (an Account).
(b) As part of the Account registration process and as part of your continued use of the Platform, you may be required to provide personal information and details such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, business name, Australian company or business number and other information as determined by Medi Squared from time to time.
(c) You warrant that any information you give to Medi Squared in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Once you complete the Account registration process, Medi Squared may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(e) You are responsible for maintaining the confidentiality and security of your Account details and password.
(f) You are responsible and liable for any activities conducted through your Account.
(g) Medi Squared reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(h) Medi Squared may, in its absolute discretion, suspend or cancel your Account, or discontinue your use of the Platform, for any reason, including for any failure to comply with these terms.
4 USER OBLIGATIONS
As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam or bulk content;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Medi Squared of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Medi Squared;
(d) not to act in any way that may harm the reputation of Medi Squared or associated or interested parties or do anything at all contrary to the interests of Medi Squared or the Platform;
(e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Medi Squared;
(f) that Medi Squared may change any features of the Platform or services offered through the Platform at any time without notice to you;
(g) that information given to you through the Platform by Medi Squared or another User including a Service Provider is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that Medi Squared may cancel your Account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 4.
5 POSTED MATERIALS
5.1 WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any Intellectual Property Rights (as defined in clause 11 of Part A), including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
5.2 LICENCE
(a) You grant to Medi Squared a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Medi Squared to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Medi Squared from any and all claims that you could assert against Medi Squared by virtue of any such moral rights.
(c) You indemnify Medi Squared against all damages, losses, costs and expenses incurred by Medi Squared arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
5.3 REMOVAL
(a) Medi Squared acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Medi Squared may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or Service Listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
6 RATINGS AND REVIEWS
(a) After each Host Service is provided, Customers and Service Providers may rate a Host Service or a Customer, as applicable (Rating) and may provide feedback regarding the Host Services (Review).
(b) Reviews can be viewed by any User and will remain viewable until the relevant Account or Service Listing is removed or terminated.
(c) Ratings may only be viewed by certain Users who have a relevant Account as we, in our absolute discretion, determine appropriate.
(d) Users must only provide true, fair and accurate information in their Reviews and Ratings.
(e) If we consider that a Review or Rating is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or Rating and/or ban the relevant User from posting further Reviews or Ratings. We do not undertake to review each Review or Rating made by Users.
(f) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(g) Users may not publish Reviews or Ratings of Users to whom it has a personal or professional relationship (separately from the Platform).
(h) Users may only write a Review or publish a Rating about a User if it has had a buying, selling or service experience with that User, which means that you have either:
(i) been provided with Host Services from the applicable Service Provider via the Platform or you can otherwise document your use of Host Services; or
(ii) you have provided Host Services to the applicable Customer or can otherwise document your experience with that Customer;
(i) For the avoidance of doubt, Users are not permitted to write a Review or Rating about somebody else’s experience with a Customer or Service Provider (as applicable), including where that person is a family member or friend.
(j) Users may not write a Review or Rating about a Customer or Service Provider (as applicable) or otherwise in relation to Host Services if there is a related party, association or similar relationship or if the other User is a competitor to the User.
(k) Any Review or Rating must relate to experiences which have occurred within the last 12 months.
7 CHANGES, REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
(a) Medi Squared will have no liability or obligation to you if:
(i) a Customer or Service Provider cancels a Reservation at any time after the time the Reservation is agreed; or
(ii) for whatever reason, including technical faults, the products or services agreed to in a Reservation cannot be performed or completed,
and you will not be entitled to any compensation from Medi Squared.
(b) Customers and Service Providers are responsible for any modifications to Host Services, including Reservation changes, which have been agreed to via the Platform, and agree to pay any additional amounts, fees, costs or taxes associated with these modifications.
8 VERIFICATION OF IDENTITY
(a) (Verification) We may offer or require Users to verify their details (including their ownership of the relevant property, or their right to sub-let the relevant property) using our processes or an external identity verification service as applicable (Verification Service).
(b) (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 18. Where a Verification Service is used, you acknowledge and agree that:
(i) we may contact and share your personal information with a Verification Service to verify your details;
(ii) you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(c) (Fees) We may charge fees for the Verification Service, as set out on the Platform, which are non-refundable for change of mind.
(d) (Warranty and Indemnity) You acknowledge and agree that:
(i) we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
(ii) you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
(iii) we do not endorse any User, Service Listing or Verification Service.
9 ONLINE PAYMENT PARTNER
(a) We may use third-party online payment partners, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our services.
(b) The processing of payments by the Online Payment Partner will be, in addition to these terms, subject to the terms and conditions, fees and privacy policies of the Online Payment Partner. Stripe’s Checkout User Terms of Service are available here: https://stripe.com/en-au/checkout/legal
(c) You agree to release Medi Squared and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
10 SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Medi Squared cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
11 INTELLECTUAL PROPERTY
(a) Medi Squared is the owner of, or has been provided a licence to use, all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Medi Squared or as permitted by law.
(c) In these terms, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
12 THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Medi Squared accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
13 THIRD PARTY TERMS
(a) Any service that requires Medi Squared to acquire goods or services supplied by a third party on behalf of the Customer (including the Online Payment Partner) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b) All customer service related issues or queries in respect of services offered by a third party must be forwarded or referred to that third party, including issues or queries relating to Host Services, payment, amendments and cancellation of Reservations and complaints. Medi Squared is unable to provide any services in this respect and is also not liable for a third party’s failure to provide any services in this respect.
(c) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Medi Squared to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
14 DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Medi Squared via the contact details provided on the Platform or as otherwise communicated to you by us. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) Medi Squared has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(e) To the extent possible, Medi Squared reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f) If you have a dispute with Medi Squared (Dispute), you agree to notify us first and enter into discussions and negotiations with us for a minimum of a 90-day period before pursuing any other proceedings.
(g) If a Dispute remains unresolved after the period in clause 14(f), the Dispute will be dealt with in accordance with the following:
(i) Any party to the Dispute may refer the Dispute to mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation. The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (the Guidelines). The terms of the Guidelines are hereby deemed incorporated into these terms.
(ii) If the Dispute remains unresolved after mediation conducted in accordance with these terms, any party to the Dispute may refer the Dispute to arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) rules. The seat of the arbitration is Sydney, New South Wales and there is to be single arbitrator appointed by the parties (or failing agreement between the parties, by ACICA, and if ACICA declines or refuses the appointment, by the Australian Branch of the Chartered Institute of Arbitrators). The arbitration will be conducted in English.
(h) This clause 14 shall survive termination of these terms.
15 SECURITY
Medi Squared does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
16 DISCLAIMER
(a) (Introduction service) The Platform is a medium that facilitates the introduction of Customers and Service Providers for the use or provision of Host Services. Medi Squared simply collects a service or booking fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such products and services or otherwise resulting from the introduction.
(b) (Limitation of liability) To the maximum extent permitted by applicable law, Medi Squared excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to:
(i) any interactions you may have with someone you interact or meet with through, or as a result of, your use of the Platform;
(ii) the publication of, or reliance on, a Service Listing;
(iii) the use or provision of Host Services (and any related Products and services) by any person.
(c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(d) (Consumer law) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(e) (Indemnity) You agree to indemnify Medi Squared and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
(i) breach of these terms (including any supplemental or additional agreements that apply);
(ii) use of the Platform;
(iii) publication of, or reliance on, a Service Listing;
(iv) your provision or use of Host Services (and any related products and services) from another User;
(v) your failure, or our failure at your direction, to accurately report, collect or remit any applicable taxes; or
(vi) your breach of any laws, regulations, contracts or third party rights.
(f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Medi Squared be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these terms or their subject matter, the use of the Platform, the publication of, or reliance on, a Service Listing or the use or provision of Host Services (and any related products and services) except to the extent this liability cannot be excluded under the ACL.
17 CONFIDENTIALITY
You agree that:
(a) no information owned by Medi Squared, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other Users on this Platform and of the Customer or a Service Provider are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.
18 PRIVACY
You agree to be bound by the clauses outlined in Medi Squared’s Privacy Policy, which can be accessed here <a href=http://www.medisquared.com.au/privacy-policy>Privacy Policy</a>.
19 COLLECTION NOTICE
(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
20 TERMINATION
(a) Medi Squared reserves the right to terminate a User’s access to any or all of the Platform (including any Service Listings or Accounts) at any time without notice, for any reason.
(b) In the event that a User’s Account is terminated:
(i) the User’s access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Service Listings or requests); and
(iii) the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all Service Listings previously posted by the respective User will also be removed from the Platform.
(c) Users may terminate their Account at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, Medi Squared will effect such termination within a reasonable time after receiving written notice from the User.
(d) If you are a Service Provider or a Customer and you terminate your Account, any Reservations will be subject to the terms and conditions of any contracts between applicable Service Providers and Customers (and such terms and conditions may specify what happens on termination including in relation to delivery of products and services and refunds).
(e) Notwithstanding termination or expiry of your Account, these terms, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in these terms which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
21 TAX
You are responsible for the collection and remission of all taxes associated with any products or services you provide or receive or any transactions through your use of the Platform, and Medi Squared will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.
22 RECORD / AUDIT
To the extent permitted by law, Medi Squared reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, Posted Material, Service Requests (as defined in clause 2 of Part B), Ratings, Reviews, cookies, and IP. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Medi Squared.
23 NOTICES
(a) A notice or other communication to a party under these terms must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in these terms or otherwise specified on the Platform, or if no email address is specified in these terms or otherwise specified on the Platform, then the email address most regularly used by the parties to correspond regarding the subject matter of these terms (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern these terms, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
24 FORCE MAJEURE
We will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises directly from any circumstance beyond our control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, pandemics, epidemics, delays or disruption by government or government agencies.
25 GENERAL
25.1 GOVERNING LAW AND JURISDICTION
These terms are governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
25.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
25.3 SEVERANCE
Any term or condition of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
25.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
25.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
25.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with executing and performing these terms.
25.7 ENTIRE AGREEMENT
These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
25.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
26 UPDATES
We may change or modify these terms at any time by updating this webpage or access to these terms through the Platform and your continued use of the Platform or any products and services made available through the Platform following such update will represent an agreement by you to be bound by the terms and conditions as amended.
Last updated 9 December 2021.
Part B Service Providers
1 SERVICE LISTINGS
(a) As a Service Provider, the Platform offers you the opportunity to market and offer your Host Services to Users by creating a listings on the Platform (Service Listing).
(b) You will be provided with access to our systems through an online dashboard (Dashboard) available on the Platform. Your Dashboard may include your Account information, Service Listings, Reservations and other analytics or information in relation to your Service Listings as we determine from time to time.
(c) As part of your continued use of the Platform, Medi Squared may provide you with regular reports which may include information regarding your Service Listings, Reservations made through our Platform, User responses to your Host Services including any applicable Ratings or Reviews, and any fees applicable to your Host Services.
(d) Your Service Listing must include complete and accurate information about your Host Services, the price (including all costs and charges relating to cleaning fees, security deposits, offline fees and taxes), the Products that will be provided with the Host services and any rules or requirements that apply to your Customers or Service Listing.
(e) You are entirely responsible for providing, setting and monitoring the price, availability, content, images and rules for each Service Listing.
(f) Our fees will be deducted from the funds due to you for the applicable Host Services in accordance with clause 7 of Part B, unless a different agreement is agreed to by us in writing.
(g) Any terms, policies or conditions that you include in any supplemental contract with Customers must:
(i) be consistent with the terms and conditions in these terms;
(ii) be consistent with the information provided in your Service Listing; and
(iii) be prominently disclosed in your Service Listing.
2 BINDING CONTRACT
You agree that when a Customer submits a booking in response to your Service Listing (Service Request), this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the Host Services as specified in the relevant Service Listing, in exchange for payment of the relevant Quoted Amount (as defined in clause 7(b) of Part B). A contract is formed in this respect (between you and the Customer) when you respond to a Service Request, email or message on the Platform confirming the Reservation. You are thereafter responsible for delivering your Host Services under the terms of the Reservation and at the price specified in your Service Listing.
3 RANKING/APPEARANCE ON THE PLATFORM
(a) The rankings or appearance of Service Listings on the Platform (including in search results) depends on a variety of factors, including:
(i) Customer search parameters (e.g., location, price, calendar and time availability, Products included);
(ii) Service Listing characteristics (e.g., price, calendar and time availability, Products included);
(iii) Customer preferences (e.g., saved Service Listings, location from where the Customer is searching).
(b) Medi Squared may also allow Service Providers to promote their Service Listings in search results and/or elsewhere on the Platform by paying an additional fee in accordance with clause 5 of Part B.
4 SERVICE PROVIDER ACKNOWLEDGEMENTS AND OBLIGATIONS
(a) You acknowledge and agree that:
(i) you must use your best endeavours to provide as much information as possible in any Service Listing;
(ii) you must provide Customers with the total cost of providing the Host Services in any Service Listing, which includes any additional charges you may charge such as cleaning fees, security deposits, offline fees, taxes or other similar incidental charges;
(iii) Medi Squared may choose not to accept any Service Listing you submit to the Platform, and Medi Squared may limit the number of Service Listings you can submit to the Platform;
(iv) any information you supply in a Service Listings must be true, timely and accurate;
(v) you must take all reasonable steps to complete the Host Services as described in every Service Listing and agreed to by the Customer in a Reservation, including by not cancelling any part of such a Reservation;
(vi) you must deal with any dispute with a Customer in accordance with clause 14 of Part A;
(vii) Medi Squared does not provide any insurance protection for or on behalf of Service Providers and therefore Service Providers must obtain any and all appropriate insurances applicable to the products and services offered or provided by the Services Provider;
(viii) any additional terms and conditions relating to a Service Listing, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve Medi Squared in any way, except that they must not be inconsistent with your or the Customer’s obligations under these terms;
(ix) your relationship with Medi Squared is that of an independent individual or entity and not as an employee, agent, joint venturer or partner of Medi Squared and therefore Medi Squared does not direct or control your Host Services and you agree that you have complete discretion whether and when to provide your Host Services and at what price and on what terms to offer them; and
(x) Medi Squared will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Service Listing.
(b) You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Service Listing or Host Services (and any applicable products or services) you provide. We recommend you check your local laws, rules, regulations and contracts to learn what obligations apply to any products or services you are providing.
5 PROMOTION AND ADVERTISING
(a) We may offer opportunities for Service Providers to promote their Service Listings on the Platform from time to time. Details of these promotion opportunities will be set out on your Dashboard, in the process of submitting a Service Listing, or as otherwise communicated to you by us. These details will include additional fees payable for such promotion services and how and when such fees are payable (Advertising Fees).
(b) We reserve the right to promote your Service Listings on the Platform as we determine from time to time without notice to you for the purpose of operating or promoting the Platform or our other services.
(c) Any promotion services purchased by a Service Providers will be one-off purchases unless we agree otherwise. Advertising Fees must be paid in full at the time of purchase. All Advertising Fees are non-refundable for change of mind.
(d) We do not provide any warranties or guarantees about the effectiveness of, or potential results from, any advertising campaign.
6 PROVISION OF HOST SERVICES
(a) You must ensure that all Host Services specified in a Service Listing that is accepted by a Customer in a Reservation are provided:
(i) in accordance with all applicable laws, regulations, tax obligations and industry standards;
(ii) with due care and skill and in a professional, punctual and diligent manner;
(iii) so that such products or services are fit for their intended purpose; and
(iv) on the date and at the times set out in the Reservation.
(b) You acknowledge and agree that a Customer may review any Service Listing or Host Services you provide to them on the Platform in accordance with clause 6 of Part A of these terms.
(c) If a Customer requests to reschedule the time for the Host Services as agreed to in a Reservation, you may choose to accept or reject such a request.
7 FEES
(a) Viewing the Platform and posting a Service Listing is free. Instead, Medi Squared will charge a fee at the time a Reservation is confirmed. These fees will be communicated to both the Customer and the Service Provider prior to confirmation of the Reservation. Except as otherwise provided in these terms or on the Platform, these fees are non-refundable.
(b) You will be required to quote the total cost of providing the Host Services in each Service Listing to a Customer. For the avoidance of doubt, the total cost includes but is not limited to cleaning fees, security deposits, offline fees, taxes, Online Payment Partner processing fees or other similar incidental charges (Quoted Amount). We will charge you the applicable percentage of the Quoted Amount as we communicate to you in writing in relation to your applicable Host Services at the time you register your Account (Service Fee) for any Host Services that are accepted by a Customer.
(c) When a Customer accepts Host Services, they will be prompted to pay the Quoted Amount, plus the Service Fee (together, the ‘Service Listing Fee’).
(d) The balance of the Service Listing Fee minus the Service Fee (Your Fee) will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.
(e) You:
(i) appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;
(ii) agree that payments made by Customers to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
(iii) agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: https://stripe.com/en-au/ssa.
(f) Medi Squared reserves the right to change or waive the Service Fee at any time by updating these terms on written notice to you (including through your Account or otherwise). We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate these terms immediately on written notice to us. Your continued use of the Platform and any products and services made available through the Platform after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice. Service Fee changes will not affect bookings made prior to the effective date of the Service Fee change.
(g) You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount, and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.
8 CHANGES, REFUNDS & CANCELLATIONS
(a) Customers and Service Providers are responsible for communicating and implementing any changes to Reservations and each party agrees to pay any additional amounts, fees or taxes associated with such Reservation changes.
(b) Should a Customer cancel a Reservation, the amount paid to you is determined by your cancellation and refund policies.
(c) All cancellation policies and refund policies of Service Providers must be agreed to by us, including by you choosing a cancellation and/or refund policy prepared or made available by us (most common) or by you providing a copy of your cancellation and/or refund policy to us and us approving this in writing before we allow your Host Services to be offered on the Platform (less common).
(d) Without limiting or otherwise affecting the other provisions in these terms, if you wish to cancel Host Services set out in a Reservation, before you have performed all the relevant Host Services required under the Reservation, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If Medi Squared decides to investigate your request, you must provide assistance and information to Medi Squared as reasonably requested.
(e) You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling a Reservation is in compliance with all applicable laws.
(f) If we accept your request to cancel a Reservation, we may take one or more of the following actions:
(i) cancel your Account and/or any membership you hold in connection with the Platform;
(ii) refund the Quoted Amount to the relevant Customer; and
(iii) if we refund the Quoted Amount, require you to pay all or part of the Quoted Amount to us, and issue you with an invoice for that amount.
(g) The Service Fee is by default non-refundable for change of mind. However, Medi Squared may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
(h) You agree to honour and comply with the process set out in this clause 8 in the event of a pricing error in a Service Listing.
9 BYPASSING
(a) You agree that while you are a Service Provider on the Platform, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided Host Services to directly or indirectly in connection with the Platform. This provision will apply whether or not the relevant Customer or their representative is still active on the Platform.
(b) Medi Squared may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 9.
10 WARRANTIES
By listing yourself as a Service Provider on the Platform, posting a Service Listing, responding to a Service Request or confirming a Reservation, you represent and warrant that:
(a) you are able to fulfil the requirements of the Host Services specified in the Service Listing, or agreed to in the Reservation;
(b) you will provide Host Services to each Customer:
(i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
(ii) in compliance with all applicable laws; and
(c) any individuals involved in your performance of Host Services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of Host Services have no current legal, criminal, civil or administrative proceedings against them;
(d) you are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing Host Services (and any related products or services) to a Customer. This means that you must:
(i) describe any and all fees and charges in a Service Listing;
(ii) not collect any additional fees or charges outside of the Platform;
(iii) not encourage Customers to create third-party accounts, submit Ratings or Reviews, provide their contact information, or take other actions outside of the Platform in violation of these terms; and
(iv) must act with integrity, treat others with respect and comply with applicable laws at all times; and
(e) you have had the opportunity to review and investigate the Platform and all laws, rules, regulations and obligations that may be applicable to your Service Listing or Host Services, and you are not relying upon any representation, warranty or statement made by Medi Squared other than as expressly set out in these terms.
Part C Customers
1 SEARCHING FOR, BOOKING AND USING HOST SERVICES
(a) As a Customer, you are able to search for Service Listings using criteria like the type of Service Listing, location, date and time. You can also use filters to refine your search results.
(b) Search results are based on their relevance to your search and other criteria. Relevance considers factors such as price, availability, Ratings, Reviews, and many other factors.
(c) You acknowledge and agree that:
(i) if you make a Reservation, that will constitute your offer and intention to enter into a contract with the Service Provider;
(ii) Medi Squared may, in its absolute discretion, choose to charge a service and/or booking fee for your use of the Platform (Booking Fee) in certain circumstances which will be communicated to you prior to you confirming a Reservation;
(iii) when you make a Reservation, you are agreeing to pay for all charges for your Reservation which may include but is not limited to the Quoted Amount, Booking Fees, applicable taxes and any other fees or charges specified at the time of making your Reservation;
(iv) for every Reservation you make, the Quoted Amount and any Booking Fees will be debited from your elected payment method; and
(v) any terms and conditions relating to Host Services or a quote provided via the Platform are solely between you and the relevant Service Provider and do not involve Medi Squared in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider’s obligations under these terms.
(d) When you submit a Service Request on the Platform, you must:
(i) only submit requests that are bona fide and accurate; and
(ii) truthfully fill out all the information requested by the Platform in relation to the Service Request.
2 PAYMENT
(a) (Payment obligations) Unless otherwise agreed in writing with the Service Provider, you must pay for all Host Services specified at the time of confirming a Reservation prior to the Service Provider performing those Host Services. You authorise us to charge the payment method you provide for all fees specified at the time of confirming a Reservation.
(b) (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(c) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which you purchased Host Services via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant Host Services at the correct price or cancelling your Reservation. If you choose to cancel your Reservation and payment has already been debited, the full amount will be credited back to your original method of payment.
3 SERVICE PROVIDERS TERMS AND RIGHT TO RE-ENTER
(a) By making a Reservation with a Service Provider, you accept and agree to the terms and conditions of that Reservation and the applicable policies of the Service Provider. The relevant terms and conditions of the Service Provider are made available on a Service Listing, during the Reservation process, in the confirmation email or message (if appliable) and otherwise by the Service Provider (for example, on their website and/or applicable applications). Please check the details of the Service Listing thoroughly prior to making your Reservation.
(b) Customers are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of anyone who they invite to join or provide access to any property of a Service Provider. This means that Customers:
(i) are responsible for leaving the relevant property at the date and time specified in the Reservation (which, if breached, may result in the Service Provider having the right to make you leave in a manner consistent with applicable law and imposing overstay penalties);
(ii) are responsible for leaving property and related Products in the condition they was in when the Customer arrived; and
(iii) must act with integrity, treat others with respect and comply with applicable laws at all times.
(c) A Reservation for a property is a limited licence to enter, occupy and use the property. Service Providers retain the right to re-enter the applicable property during your hire period, to the extent:
(i) it is reasonably necessary;
(ii) permitted by your contract with the Service Provider; and
(iii) consistent with applicable law.
4 CHANGES AND CANCELLATIONS
(a) Customers and Service Providers are responsible for any changes to Reservations they have agreed to make via the Platform, and each party agrees to pay any additional amounts, fees or taxes associated with such Reservation changes.
(b) Medi Squared will have no liability or obligation to you if a Service Provider cancels a Reservation after it has been agreed and you will not be entitled to any compensation from Medi Squared in relation to any such cancellation, including any portion of the Service Fee or Booking Fee.
(c) If you wish to cancel Host Services specified in a Reservation, before the Service Provider has performed them, you must contact the Service Provider. If Medi Squared decides to investigate your cancellation, you must provide assistance and information to Medi Squared as reasonably requested.
(d) If you cancel Host Services specified in a Reservation, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service Provider.
5 LINKED BUSINESSES
You acknowledge and agree that:
(a) the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of Medi Squared;
(b) the provision by Medi Squared of introductions to Service Providers does not imply any endorsement or recommendation by Medi Squared of any Service Provider;
(c) Medi Squared does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
(d) any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 1 of Part C and do not involve Medi Squared in any way.
6 COMMUNICATION OUTSIDE THE PLATFORM
(a) You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Host Services that were agreed in a Service Listing, Service Request or Reservation).
(b) Medi Squared, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.
7 ASSUMPTION OF RISKS
(a) You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Platform and any products or services offered or provided through the Platform.
(b) You are solely responsible for investigating Host Services to determine whether they are suitable for you.
(c) Host Services may carry the risk of illness, bodily injury, disability or death, and you freely and wilful assume those risks by choosing to make a Reservation or otherwise use or receive Host Services.