Platform Terms & Conditions
Welcome to Medlo! We provide a cloud-based, software as a service
platform called ‘Medlo’ where Australian hospitals (Hospitals) can
connect with doctors registered in accordance with the Medical Board of
Australia’s requirements (Doctors) for the purposes of filling hospital
locum shifts (Platform). The Platform is operated by Medlo Pty Ltd (ACN
667 986 361) (we, our or us). These Platform Terms and Conditions
(Terms) apply to your use of, and access to, the Platform. In these
Terms, you means the person or entity registered with us as an account
holder.
1. Acceptance
(a) By clicking “I accept” (or similar button or checkbox) or by using
the Platform you accept these Terms.
(b) 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 in accordance with these Terms. All other uses are prohibited without our prior written consent.
(b) 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 in accordance with these Terms. All other uses are prohibited without our prior written consent.
2. The Platform
(a) The Platform facilitates the connection between Doctors and
hospitals in relation to permanent placement and locum opportunities in
Australia (together, Pelacements). The Platform enables Hospitals to
list available locum opportunities, for Doctors to express an interest
to those locum opportunities and for Hospitals to acquire Doctor labour
hire and recruitment services via the Platform in relation to
Placements.
(b) We provide the Platform to users (including hosting and maintaining the Platform, facilitating the user functionality and availability on the Platform (Medlo Services). We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
(c) Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you and your Authorised Users must place a request via the Platform. We will endeavour to respond to any support requests in a reasonable period.
(d) You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
(e) You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
(f) To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
(g) If you are unsatisfied with the Platform you may discontinue your use of the Platform at any time.
(b) We provide the Platform to users (including hosting and maintaining the Platform, facilitating the user functionality and availability on the Platform (Medlo Services). We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
(c) Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you and your Authorised Users must place a request via the Platform. We will endeavour to respond to any support requests in a reasonable period.
(d) You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
(e) You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
(f) To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
(g) If you are unsatisfied with the Platform you may discontinue your use of the Platform at any time.
3. Accounts
(a) You must register on the Platform and create an account (Account) to
access the Platform’s features. If you are a Hospital, each of your
Authorised Users will require a login that is linked to your Account in
order to access the Platform.
(b) You must provide basic information when registering for an Account including your hospital name (as applicable), contact name and email address and you must choose a password.
(c) Once you create an Account, your Account information will be used by us to create a User Profile. You may then further curate some aspects of your User Profile. You agree to regularly update your Account and User Profile to keep it accurate, current and complete.
(d) All personal information you and your Authorised Users provide to us will be treated in accordance with our Privacy Policy.
(e) You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others with the exception of your Authorised Users. Each Authorised User is responsible for keeping their login details confidential.
(f) 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 Engagements made or accepted using your Account details, and any activity from one of your Authorised Users. You agree to immediately notify us of any unauthorised use of your Account.
(b) You must provide basic information when registering for an Account including your hospital name (as applicable), contact name and email address and you must choose a password.
(c) Once you create an Account, your Account information will be used by us to create a User Profile. You may then further curate some aspects of your User Profile. You agree to regularly update your Account and User Profile to keep it accurate, current and complete.
(d) All personal information you and your Authorised Users provide to us will be treated in accordance with our Privacy Policy.
(e) You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others with the exception of your Authorised Users. Each Authorised User is responsible for keeping their login details confidential.
(f) 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 Engagements made or accepted using your Account details, and any activity from one of your Authorised Users. You agree to immediately notify us of any unauthorised use of your Account.
4. Authorised Users
(a) If set out in your Account, you may be permitted to invite a number
of users to the Platform who will be permitted to access and use the
Platform under your Account (each an Authorised User). We agree to
provide you with the number of Authorised Users as set out in your
Account.
(b) Each Authorised User will have permission to access certain features of the Platform and your Account, as detailed in your Account and you may adjust these permission settings in your Account.
(c) You will ensure that each Authorised User complies with these Terms and any terms and conditions published on our Platform, as amended from time to time.
(b) Each Authorised User will have permission to access certain features of the Platform and your Account, as detailed in your Account and you may adjust these permission settings in your Account.
(c) You will ensure that each Authorised User complies with these Terms and any terms and conditions published on our Platform, as amended from time to time.
5. How does the Platform work?
(a) If a Hospital wishes to fill an available locum opportunity (Locum
Opportunity), the Account holder (or its Authorised Users) may post an
accurate and complete description of the Locum Opportunity (including
the type of doctor required, any minimum requirements, shift details,
location and fees) on the Platform (Listing). Alternatively, we may post
a Listing on your behalf subject to us first agreeing, in writing, to do
so, and you sharing an accurate and complete description of the Locum
Opportunity with us.
(b) Doctors who use the Platform can browse Listings and can submit an expression of interest for the relevant Locum Opportunity by clicking “apply” (or similar) on the Platform (Application).
(c) Once a Doctor submits an Application, their details will be shared with the Hospital via the Platform, including the Doctor’s position and seniority, specialty (if any), and any other details the Doctor has submitted to us via the Platform.
(d) A Hospital may, in its sole discretion, choose from any Doctor who has submitted an Application.
(e) If a Hospital accepts an Application via the Platform, the Locum Opportunity will be identified as an Engagement and an Engagement Agreement will form between us and the Doctor based on the Listing pursuant to which the Doctor will be engaged by us to fill the Locum Opportunity for the Hospital.
(f) Upon an Engagement being formed and prior to the Doctor performing the services set out in the Listing under an Engagement, the Hospital must provide to the Doctor via the Platform any documents relevant to the Engagement (including hospital policies and procedures) (Background Documents).
(g) We have no control over the conduct of Doctors, Hospitals or any other users of the Platform.
(h) We accept no Liability for any aspect of the interaction between Hospitals and Doctors, including but not limited to the description of professional services offered via the Platform and the performance and delivery of professional services.
(b) Doctors who use the Platform can browse Listings and can submit an expression of interest for the relevant Locum Opportunity by clicking “apply” (or similar) on the Platform (Application).
(c) Once a Doctor submits an Application, their details will be shared with the Hospital via the Platform, including the Doctor’s position and seniority, specialty (if any), and any other details the Doctor has submitted to us via the Platform.
(d) A Hospital may, in its sole discretion, choose from any Doctor who has submitted an Application.
(e) If a Hospital accepts an Application via the Platform, the Locum Opportunity will be identified as an Engagement and an Engagement Agreement will form between us and the Doctor based on the Listing pursuant to which the Doctor will be engaged by us to fill the Locum Opportunity for the Hospital.
(f) Upon an Engagement being formed and prior to the Doctor performing the services set out in the Listing under an Engagement, the Hospital must provide to the Doctor via the Platform any documents relevant to the Engagement (including hospital policies and procedures) (Background Documents).
(g) We have no control over the conduct of Doctors, Hospitals or any other users of the Platform.
(h) We accept no Liability for any aspect of the interaction between Hospitals and Doctors, including but not limited to the description of professional services offered via the Platform and the performance and delivery of professional services.
6. Intellectual Property rights
(a) You acknowledge and agree that any Intellectual Property or content
(including copyright and trademarks) available on the Platform, the
Platform itself, and any algorithms or machine learning models used on
the Platform (Our Intellectual Property) will at all times vest, or
remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your internal business use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to Authorised Users on devices that are controlled or approved by you.
(c) You must not, without our prior written consent:
i. copy, in whole or in part, any of Our Intellectual Property;
ii. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
iii. breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
(d) This clause will survive the termination or expiry of these Terms
(b) We authorise you to use Our Intellectual Property solely for your internal business use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to Authorised Users on devices that are controlled or approved by you.
(c) You must not, without our prior written consent:
i. copy, in whole or in part, any of Our Intellectual Property;
ii. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
iii. breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
(d) This clause will survive the termination or expiry of these Terms
7. Conduct we don’t accept
You must not do or attempt to do anything that is unlawful, which is
prohibited by applicable law, which we would consider inappropriate or
which might bring us or the Platform into disrepute. This includes:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Platform;
(f) using the Platform to send unsolicited
electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Platform;
(f) using the Platform to send unsolicited
electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.
8. Australian Consumer Law
(a) 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 (Consumer Law
Rights).
(b) If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law 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.
(c) Subject to your Consumer Law 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.
(d) This clause will survive the termination or expiry of these Terms.
(b) If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law 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.
(c) Subject to your Consumer Law 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.
(d) This clause will survive the termination or expiry of these Terms.
9. Governing Law
These Terms are governed by the laws of Victoria. Each Party
irrevocably and unconditionally submits to the exclusive jurisdiction of
the courts operating in Victoria and any courts entitled to hear appeals
from those courts and waives any right to object to proceedings being
brought in those courts.
10. Amendments
If we change these Terms, we will provide you with notice when you log
on to the Platform. If the changes adversely affect your enjoyment
of the Platform, you may cancel your Account with effect from the date
we apply the changes to your Account by providing written notice to us
including via in-Account notification.
11. Order of Precedence
If you are a Hospital, the Locum Agency Terms and Conditions executed
between you and us prevails to the extent of any inconsistency between
the Locum Agency Terms and Conditions and these Terms. If you are a
Doctor, the Contractor Agreement executed between you and us prevails to
the extent of any inconsistency between the Doctor Agreement and these
Terms.
Questions
Please contact us at
Email: info@medlo.com.au
Last update: 5 July 2023
Email: info@medlo.com.au
Last update: 5 July 2023