Terms & Conditions
- Introduction
These Terms and Conditions (“Terms”) govern access to and use of the MEDirect platform and website operated by MEDirect Pty Ltd (“MEDirect”, “we”, “us”, “our”).
By accessing or using the platform, you agree to be bound by these Terms.
These Terms must be read together with our Privacy Policy:
👉 MEDirect Privacy Policy
Where there is any inconsistency, these Terms prevail to the extent permitted by law.
- Nature of Services
2.1 MEDirect provides a digital medicolegal coordination platform facilitating:
- independent medical assessments
- secure exchange of case materials
- coordination between referrers, medical experts, and examinees
2.2 MEDirect:
- does not provide medical treatment or clinical care
- does not provide legal advice
- is not a party to the professional relationship between referrers and medical experts
- User Categories
These Terms apply to:
- Referrers (e.g. insurers, law firms, employers)
- Medical Experts
- Examinees
You warrant that you are authorised to act in the capacity in which you use the platform.
- Privacy and Handling of Personal Information
4.1 MEDirect collects, uses, and discloses personal information in accordance with:
- the Privacy Act 1988 (Cth)
- the Australian Privacy Principles (APPs)
- applicable State health records legislation
4.2 By using the platform, you acknowledge that MEDirect handles:
- personal information
- sensitive information (including health information)
as described in its Privacy Policy.
4.3 Purpose limitation (APP 6)
Personal information is collected and used for the primary purpose of facilitating medicolegal services, or for secondary purposes where permitted by law.
4.4 No representation of absolute security
MEDirect implements reasonable steps to protect information (APP 11), but does not warrant that systems are completely secure.
- Responsibilities for Collection and Disclosure of Information
5.1 Referrers
Referrers warrant that, before uploading or disclosing personal information (including health information), they:
- have obtained valid consent, or
- are otherwise authorised or required by law
and that disclosure complies with:
- APP 3 (collection)
- APP 6 (use and disclosure)
Referrers acknowledge that MEDirect relies on this warranty.
5.2 Nature of Disclosure to MEDirect
The provision of personal information by a Referrer to MEDirect constitutes a “disclosure” for the purposes of the Privacy Act, not merely a “use”.
5.3 Overseas Disclosure (APP 8 and s 16C)
Where personal information is disclosed to an overseas recipient:
- MEDirect will take reasonable steps in the circumstances to ensure the recipient does not breach the APPs (other than APP 1) (APP 8.1)
- unless an exception under APP 8.2 applies
Where APP 8.1 applies:
- MEDirect acknowledges it may be accountable under section 16C for acts or practices of the overseas recipient
Nothing in these Terms limits statutory accountability under the Privacy Act.
5.4 Service Providers and “Use vs Disclosure”
MEDirect may engage service providers (including cloud providers).
Where a provider:
- processes information only on MEDirect’s instructions, and
- MEDirect retains effective control
this may constitute a “use” rather than a “disclosure” for Privacy Act purposes.
Where this is not the case, APP 8 obligations will apply.
- Health Information and Sensitive Information
6.1 Users acknowledge that:
- health information is sensitive information under the Privacy Act
- stricter requirements apply to its collection, use, and disclosure
6.2 MEDirect relies on Referrers to ensure lawful collection and disclosure of health information.
6.3 MEDirect will:
- handle health information only as reasonably necessary
- implement safeguards consistent with APP 11
- Data Retention and De-Identification
7.1 MEDirect will:
- retain personal information only as long as required
- take reasonable steps to destroy or de-identify information when no longer needed
consistent with APP 11.2.
7.2 De-identified information may be used for:
- service improvement
- statistical analysis
provided it is no longer reasonably identifiable.
- User Rights (APP 12 and 13)
Individuals may:
- request access to their personal information
- request correction of inaccurate or outdated information
MEDirect will respond within a reasonable period, subject to lawful exceptions.
- Confidentiality
Users must:
- keep all case-related information confidential
- use information only for the purpose for which it was provided
This obligation survives termination.
- Platform Security and Integrity
Users must not:
- attempt unauthorised access
- interfere with system integrity
- upload malicious or unlawful content
- Intellectual Property
MEDirect retains ownership of:
- the platform
- software
- branding and materials
Users grant MEDirect a licence to use uploaded information for service delivery.
- Limitation of Liability
12.1 To the extent permitted by law, MEDirect excludes liability for:
- acts or omissions of Referrers or Medical Experts
- accuracy of medical opinions
- indirect or consequential loss
12.2 Nothing in these Terms excludes rights under:
- the Australian Consumer Law
12.3 Where liability cannot be excluded, it is limited to:
- resupply of services; or
- cost of resupply
- Indemnity
You indemnify MEDirect against claims arising from:
- breach of these Terms
- unlawful disclosure of personal information
- failure to obtain required consent or authority
- Complaints and OAIC
14.1 Privacy complaints may be made to MEDirect using the contact details below.
14.2 If unresolved, individuals may lodge a complaint with the Office of the Australian Information Commissioner (OAIC).
This clause aligns with MEDirect’s Privacy Policy commitments.
- Suspension and Termination
MEDirect may suspend or terminate access where:
- these Terms are breached
- there is a security or legal risk
- Changes to Terms
We may update these Terms from time to time. Continued use constitutes acceptance.
- Governing Law
These Terms are governed by the laws of New South Wales, Australia.
You submit to the non-exclusive jurisdiction of the courts of New South Wales.
- Contact
MEDirect Pty Ltd
Email: TalkToUs@MEDirect.com.au