Terms & Conditions

These terms and conditions apply to the Australian Doctor Group Pty Ltd ABN 94 615 959 914 (ADG) which provides access to the AusDoc offerings, available at https://www.ausdoc.com.au/, https://www.ausdocjobs.com.au/, and via the native AusDoc app (Platform). Users of the ADG Platform must comply with:

• Terms and Conditions; and
• the Community Rules at https://www.ausdoc.com.au/house-rules/

(collectively the Terms).

By accessing the Platform you agree to comply with the Terms, the Privacy Policy available at https://www.ausdoc.com.au/privacy (Privacy Policy), and all other policies posted on the Platform or incorporated into these Terms. If you do not wish to be bound by these Terms you must discontinue accessing, browsing or otherwise using the Platform.

1. Definitions

“ADG”, “we” or “us” in the Terms includes ADG, its directors, officers, employees and agents.

“Account” means any user account/profile you establish to access the Platform or any aspect of the Platform.

“customer”, “client”, “user”, “you” “audience” or any grammatical variation of these words is a reference to any person who uses the Platform or Services.

“Services” means the provision of the Platform, along with any user account/profile, offerings, features or additional services which we may make available to you from time to time across any of our digital properties.

• “user account” or “profile” is your personalised account to access additional Services, including, but not limited to, the ability to: gain access to and use the Platform; upload information to the Platform in a manner which identifies you as the originator of the information (e.g., photos, contact details, education, expertise and professional interests, listing in our professional directory); create and participate in groups on the Platform; view user generated content including content and feeds on the Platform; and correspond with other users and receive correspondence from them by means of our Services.
• “user-generated content” means any information available on our Platform or through our Services which was provided by a registered user account or profile of the Platform.

2. Important considerations

(a) Updating the Terms: These Terms and the Privacy Policy may be updated from time to time. It is your responsibility to review these Terms and the Privacy Policy whenever you access the Platform. If changes are made to these Terms or the Privacy Policy, your continued use of the Platform after such changes are made will signify your acceptance and agreement to be bound by the revised Terms and Privacy Policy.

(b) Not medical advice: The content on the Platform is for your general information and use only and is not a substitute for professional medical advice, diagnosis or treatment. Your use of any information or materials on the Platform is entirely at your own risk.

(c) Notices: We may provide notices to you through our Platform, Services, other digital properties and via your contact information. It is your responsibility to keep your contact information up to date.

3. Platform

3.1 Through the Platform, ADG provides a networking and educational space for medical professionals, medical students, allied health professionals and the broader healthcare industry. The purpose of this space is to inform and keep the medical community up to date. Participating on the Platform or via our Services means that others can read your public contributions and use that information.

3.2 We take reasonable steps to deliver accurate information and to fact check the information presented to us. However, ADG takes no responsibility for the accuracy of the information or graphics on the Platform including user generated content. Some information is obtained from our suppliers and third parties and ADG disclaim any responsibility in relation to such information.

3.3 If any errors or omissions on the Platform are brought to our attention, we shall endeavour to rectify those errors or omissions as soon as possible. ADG will not be responsible for any loss suffered by any users of the Platform as a result of any errors or omissions.

4. Registration

4.1 Access to and use of the Platform and the password protected or secured areas of the Platform are restricted to authorised users only. You must register to obtain an account/profile to access such areas. Acceptance of your application to register an account/profile is in our sole discretion.

4.2 To register to access the Platform and the password protected or secured areas of the Platform, you must:

(a) select from a list of “roles” that includes, but is not limited to:

(i) Medical Professional

(ii) Allied Health;

(iii) Medical Student;

(iv) Pharma employee; or

(v) Other;

(b) provide the following accurate information:

(i) Your real name;

(ii) Your email address;

(iii) A password selected by you;

(iv) A contact number;

(v) If you are registering as a “Medical Professional”, your AHPRA number or other medical professional registration identification (including proof of your medical registration if required);

(vi) If you are registering as an “Allied Health”, “Medical Student”, “Pharma employee” or “Other”, evidence, to our reasonable satisfaction, confirming that you fall within that category of user account/profile;  and

(vii) Such other information as we may reasonably require of you from time to time;

(c) have legal capacity to agree to The Terms and be under no restriction whether legal or otherwise, which prohibits you from agreeing to the Terms or using our Services; and

(d) agree to use our Services in a way that does not breach the applicable law or these Terms and any law in force in your country of residence or any country in which you use our Services.

4.3 The registration, including the continued registration, of your account/profile and your use of the Platform and/or our Services is conditional upon your compliance with these Terms.

4.3 If you change any of Your Information (defined below in clause 7) you must update it and keep all your registration details accurate. You agree that we may send text messages or phone calls as part of the registration process or to access our Services.

4.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (Security Information), you must treat such Security Information as confidential, and you must not disclose it to any third party. You are responsible for maintaining the confidentiality of your Security Information, and for all conduct carried out that involves using your Security Information. ADG is not liable for any loss of confidential information or for any damages arising from your failure to comply with these requirements.

4.5 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.

5. Termination

5.1 Termination By You:

(a) You may terminate these Terms at any time, without notice to us, by deactivating your Platform account/profile.

(b) To deactivate your account/profile to use the Platform, email our Customer Support team at [email protected].

5.2 Termination By Us:

(a) We may terminate these Terms and deactivate and/or remove your account/profile from our Platform and/or Services if:

(i) We provide you 30 days’ notice of our intention to do so; or

(ii) Without notice to you, in the event that we become of the reasonable opinion that you have breached the obligations imposed on you by the Terms.

5.3 Effect of Termination: Any provisions of the Terms which are so intended, either expressly or through implication, survive termination of the Terms.

6. Use of the platform

6.1 While using the Platform and/or Services, you must:

(a) use the Platform in a responsible and legal manner;

(b) be honest, professional and courteous in your use of the Services and your interactions with other users of the Services;

(c) comply with any and all laws applicable to your use of the Services, the laws in force in your country of residence and the laws in force in any country in which you access or use the Services;

(d) use your real name in relation to the Services;

(e) notify us immediately if you become aware of any unauthorised use of your user name, profile name or password or of any misuse of your account/profile;

6.2 While using the Platform and/or Services, you agree not to:

(a) use the Platform or Services in a way prohibited by these Terms;

(b) infringe any laws or any third party’s rights, including their intellectual property rights;

(c) create or seek to register an account/profile using a false identity, impersonate another person or entity or otherwise misrepresent your identity;

(d) provide any information to us or a third party that is misleading or deceptive, whether by any act or omission;

(e) misrepresent your areas of practice, speciality or previous experience;

(f) allow any other person, to access your user account/profile or to provide information to us on your behalf;

(g) share information which identifies another person without their consent. If you do share personal information about another person you acknowledge that you have their consent to do so and have informed that person of our Privacy Policy which sets out how we will handle their personal information;

(h) circumvent or override any of the security or privacy features of the Services;

(i) engage in conduct which is contrary to the requirements of any applicable industry or medical standards, enforceable guidelines or code of practice including, but not limited to, the Medicines Australia’s Code of Conduct;

(j) collect information about users of the Platform without their consent unless such collection is assessed in accordance with Australian privacy laws;

(k) take screenshots or make copies of user generated content from the Platform with the intention to cause harm;

(l) use or publish screenshots or copies of user generated comments or posts on the Platform without the express permission of the user in writing;

(m) if you are registered with the role of “Medical Professional”: use or publish screenshots or copies of any content that:

(i) if published, could be deemed to contravene cl 2.5 of the Medicines Australia’s Code of Conduct at https://www.medicinesaustralia.com.au/code/about-the-code/ (as updated from time to time); or

(ii) is otherwise, only available to you as a result of your registration to the Platform as a “Medical Professional”.

(n) distribute viruses or other technologies that may harm the Platform or harms the property or interests of other users of the Platform;

(o) data mine or conduct automated searches of the Platform, or use automated means to access or use the Platform;

(p) hinder or interfere or attempt to hinder or interfere with the operation of the Platform;

(q) otherwise, breach these Terms or any policies incorporated into these Terms.

6.3 Unauthorised use of the Platform may give rise to a claim for damages and/or be a criminal offence. We reserve the right to determine whether or not you have breached the Terms and take action in accordance with clause 8.

7. Your information

7.1 When using the Platform, including when you register to use the Platform, or when you post content on the Platform, you provide or communicate to us information, and material authored by you (Your Information).

7.2 By providing Your Information, you acknowledge that:

(a) you will update us if you change your current mobile phone number or email address (as required), through our support team via email at [email protected] or directly through the Platform;

(b) you are solely responsible for Your Information and we may assume that Your Information is being legally and validly used and is correct;

(c) we may deal with Your Information as outlined in the Privacy Policy;

(d) except for any disclosure by you for technical support purposes, uses specified in our Privacy Policy or where Your Information is clearly marked by you to the contrary, Your Information will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding ADG, its Platform, or other products or services that you communicate to us will be deemed the property of ADG and ADG shall be entitled to full rights of ownership, including without limitation, unrestricted rights to use or disclose such information in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you; and

(e) by providing Your Information to us you grant to us an irrevocable, royalty free, world-wide, transferable and sub-licensable licence to reproduce, copy, modify, publish, distribute or in any way otherwise use Your Information for the purposes of providing our Services to you or any other person.

7.3 Without limiting our rights in the event of a breach of the Terms by you, we may, at our sole discretion, remove or delete part or all of Your Information from the Platform, if we become aware that you or Your Information in any way breaches the obligations contained in the Terms.

8. Our Rights

8.1 We reserve the right to determine whether you are in breach of the Terms and may, without limiting ADG’s rights and remedies pursuant to these Terms, or at law, or in equity:

(a) issue a warning;

(b) suspend (temporarily or indefinitely) or otherwise limit your use of the Platform, including any account (or associated account) you establish to access the Platform;

(c) terminate your use of the Platform, including any account (or associated account) you establish to access the Platform;

(d) take appropriate legal and technical steps to prevent you from accessing the Platform; and

(e) refer users who we believe have engaged in criminal conduct to the police and to their internet website provider.

8.2 We agree to always act reasonably when exercising our right to terminate your use of the Platform.

8.3 If we suspend your access to the Platform, this may prevent you from registering again. Following such action, you agree that you will not seek to gain access to the Platform by creating an additional user account or profile.

9. Networking and messaging services

9.1 ADG provides the ability for a user to communicate with other members of the medical community on the Platform e.g. via instant message, posts, voice or video. The Services and communications sent via the Services are end-to-end encrypted, and comply with relevant Australian guidelines and laws at the time of writing. We do not have any obligations or liability to you for any security or breaches or incidents involving your property such as your mobile phone or computer.

9.2 To deliver the Services, we rely upon infrastructure – including Wi-Fi networks, mobile networks, hosted applications and mobile devices – that are beyond our ability to maintain, monitor and control. As a result, our Services should not be used to provide emergency or time-critical communications.

9.3 Communications conducted via the messaging services are secure and end-to-end encrypted. As such, we do not read or review the content of messages or transmissions made using these Services. As an encrypted system, only the sender and recipient can view the content of these messages.

9.4 We will not have any liability or responsibility for the content of any communications you make on or via this Platform, or for any errors or violations of any laws or regulations by you, or for information stored on your personal equipment. ADG will comply with any court order in disclosing the identity of any person making communications on or via this Platform as required.

9.5 When networking or messaging other users on the Platform you agree that:

(a) You are responsible for ensuring that each person you connect with (and receive messages from and send messages to) is the person you think they are (check for false identities) and that you report users you believe are using a false identify.

(b) You will not post any data (including images and case notes) that breaches relevant legislation and guidelines. We expect your compliance with guidance relating to social networking and dealing with patient data including, but not limited to, guidance issued by the Australian Medical Association, Australian Health Practitioner Regulation Agency, and the Office of the Australian Information Commissioner.

(c) You are responsible for ensuring the person or people to whom you send a message is/are correct and are the people/person to whom you intended to send the message.

(d) You must not copy, download or forward a message without the user who generated the message’s express consent.

10. Intellectual Property

10.1 Copyright

(a) Unless otherwise specified, all intellectual property rights in the Platform content (including the design, layout, look, appearance and graphics), software and systems are owned by ADG or licensed to ADG.

(b) You may reproduce and redistribute Platform content where:

(i) you have printed or downloaded Platform content for your personal and non-commercial use only; or

(ii) where it is otherwise authorised by the Copyright Act 1968 (Cth).

(c) You may not reproduce, republish, distribute, modify, adapt, translate or prepare derivative works from, disassemble, or commercially exploit the Platform content, software and systems in contravention of the above requirements without our prior written consent.

10.2 Trade mark

(a) Trade marks displayed on the Platform (including the ADG name and logo) are protected by law and are owned by ADG or licensed by ADG. With the exception of the allowance in this clause 10.2, you have no right to use such trademarks and nothing contained on our Platform or the Terms grants any right to use (by implication, waiver, estoppel or otherwise) our trade marks without our prior, express written permission.

(b) Notwithstanding, for so long as you have a registered user account, we grant to you a licence to use a copy of the ADG logo, as shown on the Platform, for the sole purpose of embedding a hyperlink to your user account in your electronic correspondence, or in any written communications to indicate that you have registered a user account with us and maintaining that user account.

(c) Without limiting the effects of termination of these Terms, the licence granted in this clause is automatically revoked and you must immediately cease any use of the ADG logo if your user account or profile is suspended or terminated.

10.3 Other Intellectual Property

(a) All other intellectual property provided by us in relation to the Services is the sole property of ADG or its licence providers. You have no right to use such intellectual property and nothing contained on our Platform or the Terms grants you any right to use our intellectual property without our prior, express written permission, save as required for the purposes of using our Services.

11. Disclaimer, Liability, and Indemnities

11.1 Disclaimer

(a) The Platform is provided on an “as is” and “as available” basis. 

(b) We may modify or close the Platform or any part of it at any time without any liability on our part.

(c) Any use of the Platform, including information that appears on the Platform, is entirely at your own risk and discretion. You are solely responsible for any damage or loss that results from your use of the Platform. 

(d) To the fullest extent permitted by law, and without in any way limiting the application of the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth):

(i) We disclaim all guarantees, warranties and representations regarding the Platform, including without limitation:

(ii) You acknowledge and agree that by providing the Services we do not purport to provide any medical advice. Any content that may constitute medical advice is provided by registered users of the Services who are solely responsible for any loss or damage caused to any person due to the reliance on such content by any person.

(iii) We are not responsible for any obligations nor have any liability to you in relation to any loss, unauthorised access, security, breaches, or incidents involving your property such as your mobile phone or computer.

(iv) We are not responsible for, and you indemnify and hold us harmless against and release us from all liability in relation to any loss or damage incurred by you or any other person as a result of your use of the Services or reliance on any information made available on or through the Services.

11.2 Liability

(a) To the fullest extent permitted by law we exclude all implied warranties, terms and conditions and we are not liable for any damages, including monetary damages, damages to goodwill or reputation or damages which are consequential, indirect or special and which relate to your use of the Platform or Services or inability to use the Platform or Services and the provision of marketing, advertising, campaign and promotional services available through the Platform. 

(b) Where we cannot exclude our liability, we expressly limit our liability for breach of a non-excludable statutory guarantee to the supply of the Platform or Service again or paying the cost of having the Service supplied again whichever is less.

11.3 Warranty

(a) We provide the Platform without any express or implied warranty.

(b) We are not responsible for any loss, liability or damage incurred by you as a result of the sending or receiving or the failure to send or receive any communications due to any reason whatsoever.

(c) In no event shall ADG be liable for any direct, indirect, special, incidental or consequential losses or damages including, without limitation, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Platform or any linked site, damages resulting from use of or reliance on the information or materials presented on this Platform, us exercising our discretion as outlined in the Terms, whether based on warranty, contract, tort or any other legal theory even if ADG has been advised of the possibility of such damages.

(d) We do not guarantee continuous, uninterrupted or secure access to the Platform.

(e) We do not guarantee the preservation of any record, particularly after the provision of the Platform to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

12. Indemnities

(a) You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Platform.

(b) You agree to indemnify us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Indemnified Parties) from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in these Terms including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.

(c) You further agree to indemnify the Indemnified Parties from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of the Terms by you, or the infringement by you, or other user of the Platform using your user/profile name and password, of any intellectual property or other right of any person or entity.

13. Privacy

(a) Our Privacy Policy is available on the Platform.

(b) All users of the Platform agree to the Privacy Policy when using the Platform.

(c) If you do not agree to the terms of the Privacy Policy, then you must not use the Platform.

14. Links To Other Websites

14.1 The Platform may include hyperlinks to other websites operated by third parties (Third Party Websites). These links are provided for your convenience. ADG does not guarantee that the hyperlinks to Third Party Websites will remain current, or that the hyperlinks will be maintained.

14.2 The provision of hyperlinks does not represent or signify that ADG endorse, approve, recommend or prefer the Third Party Websites or the content on those Third Party Websites. ADG has no responsibility for the content of the Third Party Websites and you use the Third Party Websites at your own risk.

14.3 Your access and use of Third Party Websites are subject to the terms and conditions on those websites. You should exercise caution when visiting Third Party Websites and check the terms and conditions of each Third Party Websites prior to use.

15. Complaints, Concerns & Suggestions

15.1 If you have any complaints, concerns or suggestions about this Platform please contact ADG to address the issue. We also value your feedback and suggestions, please email [email protected].

15.2 If you have any complaints about content on the Platform, please refer to our Community Rules https://www.ausdoc.com.au/house-rules/

16. General

16.1 If any provision of these Terms shall be invalid, void, illegal or unenforceable the remaining provisions shall not be affected.

16.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of the other party.

17. Applicable Laws

The Terms are governed by the law in force in the state of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms.