1. About the Website
a) Welcome to Medicalnote.AI.
Use of the Website is governed by the following terms and conditions, Privacy Policy and any
disclaimer appearing on the Website. Access to and use of the Website, or any of its associated
Products or Services, is provided by Medicalnote.AI. Please read these terms and conditions (Terms)
carefully. By using, browsing and/or reading the Website and its Services, this signifies that you
have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you
must cease usage of the Website, or any of the Services, immediately.
b) The Website offers subscription packages to medical practitioners (or ‘you’)
to utilise the Website’s Service of transcribing patient consultations for you. The purpose of the
Service is to facilitate the consultations that medical practitioners hold with their patients
through eliminating the need for medical practitioners to transcribe handwritten notes or typing
notes during the consults with patients. This Service allows you to engage and focus on patients’
needs, whilst the Service uses voice-to-text API and converts the transcribed consultation notes
into a prescribed and accepted medical practitioner’s medical or health notes. The aim of the
Service is to increase your efficiency as a practitioner and maintain the standard of comprehensive
medical or health notes that a practitioner is required to collect, according to the relevant
legislation and regulations.
c) Using the transcribed consultation notes
Medicalnote.AI will use the transcription to assist you with writing general consult notes, referral
letters, generate mental health consult notes, create care plans and review plans from the patient
details that are provided and enables you, as the practitioner to create bespoke notes from the
transcription. Please note that some features may not be available at the time of you signing up to
our Services, as we are continuously reviewing our Services and features provided, to ensure that
the Services offered remain up to date and are of the highest standard. There may be feature
interruptions or scheduled maintenance carried out on the Website to ensure that all Services
offered are fully functional.
d) Medicalnote.AI Terms and Conditions do not replace any obligations
the User may already have in connection with any contractual agreement or document.
e) Medicalnote.AI reserves the right to review and change any of the Terms
by updating this page at its sole discretion. When Medicalnote.AI updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms
take immediate effect from the date of their publication. Before you continue, we recommend you keep
a copy of the Terms for your records.
2. Terms of Use
a) By accessing and using this website the User agrees to:
- use the website only for lawful purposes;
- provide and maintain complete, correct, up-to-date, and accurate information on any submitted
information;
- have sole responsibility for protecting the confidentiality of your password and/or email
address. Use of your password by any other person may result in the immediate cancellation of
the Services;
- acknowledge that any use of your registration information by any other person, or third parties,
is strictly prohibited. You agree to immediately notify Medicalnote.AI of any unauthorised use
of your password or email address or any breach of security of which you have become aware;
- use of the Website is limited, non-transferable and permits you sole use of the Website for the
purposes of accessing the Services provided by Medicalnote.AI;
- use your own judgment, caution, and common sense in managing opportunities and information
offered by or obtained from the website;
- each consultation with patients that are recorded will require the consent of each patient.
Accordingly, you warrant that prior to using the Website during a consult, you will seek the
Patient’s express or implied consent to use the Website. We recommend publicly displaying
notices around your office or wherever the consultation is held, which states that the
consultation will utilise voice-to-text API to assist you in creating the transcription of the
consultation, which will be used to complete your medical notes; and
- bear the risks of any reliance or use of any materials or any information provided by any third
party which may be displayed or linked to the website.
We advise that obtaining consent from the patients is your responsibility as the practitioner and we
recommend that you record this consent within the medical notes that are transcribed.
We advise that you may choose to obtain verbal consent from the patient prior to commencing the
consultation by saying words in effect of the following: ‘I/We will be recording this consultation
for the duration of the consultation, to assist me in transcribing my medical notes for this
session’.
Alternatively, you may print out a notice and ensure that this notice is prominently displayed during
the consultation with your patients. This printed notice can contain a QR Code which links the
patients to our Website’s Privacy Policy and Terms and Conditions, which they are able to read and
understand how their data is being collected.
You must ensure that the patient is aware that their consultation may be recorded and used by you to
transcribe your medical notes.
b) The User will not use the website to:
- Engage or encourage unlawful activities;
- Violate any state or federal laws;
- Infringe any intellectual property and privacy rights, including, but not limited to, patent,
copyright, trademark, or trade secrets, of any third party;
- Upload, post, transmit or store any material that is unlawful, offensive, defamatory,
fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
- Breach any contractual or confidential obligations with clients or third party;
- Disrupt or interfere with the normal operation of the website;
- Breach or attempt to breach any security measures implemented by Medicalnote.AI to secure the
website and their users’ information;
- Use any device, process, or mechanism to monitor, retrieve, search, or access, the website or
any material;
- except as expressly permitted herein or to the extent applicable by law, copy, modify,
reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse
engineer, or create derivative works of any materials, except for materials that have been
submitted and owned by you;
- post or submit any inaccurate, false, or incomplete information, such as your resume,
biographical data, or employment information;
- impersonate any person or entity; or
- misrepresent yourself, your affiliation with any third party, or your entity.
c) Should the user breach any of the terms and conditions,
Medicalnote.AI reserve their sole discretion to prevent you for using their services and website and
can do anything that is reasonable to prevent you from accessing and using their website and
services.
3. Website Links and Third Parties
a) Medicalnote.AI’s website may contain links to other websites and third-party links
who are not affiliated with Medicalnote.AI. Medicalnote.AI does not accept any liability or
responsibility for the content displayed on those websites and further do not accept any
responsibility or liability to the security of those websites.
b) The third-party links provided on the Medicalnote.AI website are for your reference.
We do not purport to endorse, support, or sponsor those websites or any of the policies or views
expressed by the third parties;
c) Users at their sole discretion and risk can elect to access third party websites through the
links displayed on the website.
Medicalnote.AI should not be taken to have reviewed or approved all the content displayed on third
party websites.
d) If Users access third party websites, they will be governed by the terms and conditions displayed
on those websites.
4. Payment
a) New Users will be entitled to a free trial period of fourteen (14) days.
b) Once the free trial period has lapsed, you will be required to submit payment card details and
billing information to be able to access our Services, otherwise your account will be deactivated.
This will allow automatic payments once the free trial period lapses. Access to the Services will
only commence once Medicalnote.AI have verified that you have provided valid billing information.
Medicalnote.AI General Terms and Conditions will apply.
c) You may only use this free trial period once. Medicalnote.AI reserves the right to remove or
cancel the free trial offer at any time. We also reserve the right to change the features of the
free trial offer at any time.
d) Upon the free trial period lapsing, you will be required to pay a Subscription Fee (the
Subscription Fee) to continue access to the Services. The initial term of your Subscription will
commence once you have provided valid payment details to Medicalnote.AI, otherwise your Subscription
and account will be deactivated. You may cancel your Subscription using this link insert
link.
e) At the end of the initial Subscription term, the User agrees that the Subscription will
automatically renew for successive terms on a monthly or annual basis, dependent on your choice of
Subscription. The User is responsible for and liable to pay for the Subscription Fees that become
due and payable for each renewal term unless and until the User cancels the Subscription. Should the
User fail to cancel the Subscription prior to the end of the initial term or any renewal terms, then
the User will be charged for the next renewal term. Medicalnote.AI does not offer a refund for any
Subscription Fees paid.
f) Medicalnote.AI does not hold your billing information, noting that all payments will be processed
through Stripe payment processing.
g) All payments made in the course of your use of the Services are made using Stripe Payment
Processing. In using the Website, the Services or when making any payment in relation to your use of
the Services, you warrant that you have read, understood, and agree to be bound by the Stripe
Payment Processing terms and conditions which are available on their website.
h) You acknowledge and agree that where a request for the payment of the subscription is returned or
denied, for whatever reason, by your financial institution or is unpaid by you for any other reason,
then you are liable for any costs including banking fees and charges, associated with Medicalnote.AI
attempting to recover unpaid costs from you.
i) You agree and acknowledge that Medicalnote.AI can vary the subscription terms at any time.
Medicalnote.AI may increase Subscription Fees for any Subscriptions effective the first day of a
renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of
the renewal term.
j) If you do not cancel your Subscription prior to the renewal term, then you will be deemed to have
accepted the new fee for that renewal term and any subsequent renewal terms (unless fees are
increased in the same manner in subsequent renewal terms).
5. Refund Policy
a) Medicalnote.AI will only provide you with a refund of the subscription in the event that they are
unable to continue to provide the Services or if the directors of Medicalnote.AI make a decision, at
its absolute discretion, that it is reasonable to do so under the circumstances (Refund).
b) Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under
the Australian Consumer Law.
6. Intellectual Property
a) Intellectual property rights within the content of this Website vest with Medicalnote.AI. Nothing
contained in this Website is to be construed by the User as a licence to use the intellectual
property of Medicalnote.AI.
b) You may not download, copy, or print any of the pages of this website except for your own personal
use, and provided you keep intact all copyright and proprietary notices. No copying or distribution
for any business or commercial use is allowed. No framing, harvesting, “scraping” or other
manipulation of the content of the website is permitted. You will not attempt to decipher,
disassemble, reverse engineer or modify any of the software, coding or information comprised in the
Website; nor will you post to the website any material which infringes any intellectual property
rights of any third party.
c) Medicalnote.AI reserves the right to be fully indemnified should they suffer any loss or damage
due to a claim from a third party as a result of a User using our website to infringe on their
intellectual property rights.
d) Medicalnote.AI does not consent to you passing off content from this website as your own. This
includes the practice of 'Framing' this website within another website as well as copying and
re-using parts of the website.
e) Unauthorised use of Medicalnote.AI’s information or content on this website is prohibited by
law.
f) The User will not forge any header information in any electronic posting or mail.
g) The User may receive written consent from Medicalnote.AI to use their intellectual property
however, Medicalnote.AI has full discretion to refuse access without just cause or reason.
7. Privacy Policy
a) Medicalnote.AI takes your privacy seriously and any information, including personal and sensitive
health information provided through your use of the Website and/or Services are subject to and
managed according to Medicalnote.AI’s Privacy Policy, which is available on the Website.
b) Medicalnote.AI is bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APP)
within the Act. By agreeing to these terms and conditions the Users also agree to be bound by our
Privacy Principle displayed on our website.
c) The information, including personal and sensitive health information may be retained, used, and
disclosed in accordance with our privacy policy, and you expressly consent to its collection,
retention, and use by us in order to provide you with Services via the Website.
d) Except as expressly stated in our Privacy Policy, Medicalnote.AI will not collect or disclose
personal information or health information about you, the patients, or your browsing activities to
any third party unless you provide Medicalnote.AI specific permission to do so.
e) Users should read and understand our Privacy Policy before using any features or disclosing any
information with us. It is the User’s sole responsibility to ensure they have read the Privacy
Policy before continuing to use the features displayed in our website.
f) In accordance with the National Health Act 1953 (Cth) (and its regulations) and the health record
laws in force in the Australian States and Territories, the practitioner and User must record,
collect, and retain medical information collected during a consultation. This information is not
stored on Medicalnote.AI’s website and is not the responsibility of Medicalnote.AI to retain any
personal and health information.
8. Disclaimers and Liability
a) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions
implied or imposed by law, including the Australian Consumer Law (or any liability under them) which
by law may not be limited or excluded.
b) Subject to this clause, and to the extent permitted by law:
- All terms, guarantees, warranties, representations or conditions which are not expressly stated
in the Terms are excluded; and
- Medicalnote.AI will not be liable for any special, indirect or consequential loss or damage
(unless such loss or damage is reasonably foreseeable resulting from our failure to meet an
applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Services or these Terms (including as a result of not being able to
use the Services or the late supply of the Services), whether at common law, under contract,
tort (including negligence), in equity, pursuant to statute or otherwise.
c) The Users are solely responsible for ensuring that they have sufficient and compatible hardware,
Service, telecommunications equipment, and Internet service necessary for the use of the Website and
Services offered through the Website.
d) Medicalnote.AI does not and cannot control the flow of data via the Internet. Such flow depends in
large part on the performance of internet services provided or controlled by third parties. At
times, actions, or inactions of such third parties can impair or disrupt the internet.
Medicalnote.AI will use commercially reasonable efforts to remedy and avoid such events but cannot
guarantee that such events will not occur. Accordingly, Medicalnote.AI disclaims any liability
resulting from or relating to such events.
e) Medicalnote.AI does not warrant that:
- the website will meet all of your requirements;
- the website will be uninterrupted, timely, secure or error-free; and
- all errors in the website will be corrected.
f) These terms are in addition to any other applicable terms or policies on the Medicalnote.AI
website.
g) Medicalnote.AI does not warrant that all functions on the website will be compatible with all
devices. Medicalnote.AI is designed to be used and accessed through personal computing devices and
desktop computers. It i recommended to be accessed through use of the Google Chrome browser to
achieve best website performance.
h) Use of the Website and the Services is at your own risk. Everything on the Website and the
Services is provided to you ‘as is’ and ‘as available’ without warranty or condition of any kind.
Medicalnote.AI makes no representation or warranties of any kind, expressed or implied, as to the
operation of this website or the content, materials, or products included on this site. You
expressly agree that your use of this Website is at your sole risk. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the following:
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct
defects, delay in operation or transmission, computer virus or other harmful component, loss of
data, communication line failure, unlawful third party conduct, or theft, destruction,
alteration or unauthorised access to records;
- The accuracy, suitability or currency of any information on the Website, the Services, or any of
its Services related products (including third party material and advertisements on the
Website);
- Costs incurred as a result of you using the Website, the Services or any of the products of
Medicalnote.AI; and
- The Services or operation in respect to links which are provided for your convenience.
i) To the full extent permissible by applicable law, Medicalnote.AI does not warrant that this
website, or e-mails are free of viruses or other harmful components. Medicalnote.AI will not be
liable for any damage or any kind arising from the use of this website, including, but not limited
to direct, indirect incidental, punitive, and consequential damages. Certain state laws do not allow
limitations or implied warranties or the exclusion or limitation of certain damages. If these laws
apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you,
and you might have additional rights.
j) Medicalnote.AI will take all reasonable steps to secure the users safety, however, make no
guarantees that the website may experience from time to time, unauthorised access from users who
jeopardise the safety and security of the website. Medicalnote.AI will take all reasonable steps to
mitigate any damage to users however will not be held liable for third party corruption. Users of
the website should enter at their own risk.
9. Updates and Outages
a) Medicalnote.AI may change, suspend, or discontinue any aspect of the website at any time,
including the availability of any of the website features, databases or content. Medicalnote.AI
reserve their right to amend these terms and conditions at any time, without notice by posting
amended terms to the website. You will be deemed to have agreed to the amended terms when you next
use this website following any amendment.
b) If a system failure should occur that creates an outage of the website, Medicalnote.AI will
utilise all reasonable means to end the outage as soon as possible. Outages due to the Internet
security, hosting providers, and/or Customer or user systems are outside Medicalnote.AI’s control
and, in such event, Medicalnote.AI will assist the user in the diagnosis but may not be able to
resolve the problem.
c) Medicalnote.AI take no responsibility for, and will not be liable for, the website being
temporarily unavailable due to technical issues beyond their control.
10. Termination of Website
a) Medicalnote.AI reserve the right to terminate or suspend this website or any part or feature at
any time without prior knowledge or explanation.
11. Competitors
a) If you are in the business of providing similar Services for the purpose of providing them to
users for a commercial gain, whether business users or domestic users, then you are a competitor of
Medicalnote.AI. Competitors are not permitted to use or access any information or content on our
Website. If you breach this provision, Medicalnote.AI will hold you fully responsible for any loss
that we may sustain and hold you accountable for all profits that you might make from such a
breach.
12. Indemnity
a) You agree to indemnify Medicalnote.AI, its affiliates, employees, agents, contributors, third
party content providers and licensors from and against:
- All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including
legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with
your content;
- Any direct or indirect consequences of you accessing, using, or transacting on the Website or
attempts to do so; and/or
- Any breach of the Terms.
13. Dispute Resolution
a) Compulsory
- If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal
or Court proceedings in relation to the dispute, unless the following clauses have been complied
with (except where urgent interlocutory relief is sought).
b) Notice
- A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written
notice to the other party detailing the nature of the dispute, the desired outcome and the
action required to settle the dispute.
c) Resolution
- On receipt of that notice by that other party, the parties to the Terms must:
- Within 28 days of the notice endeavour in good faith to resolve the dispute expeditiously by
negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 28 days after the date of the notice, the dispute has not been
resolved, the parties must either agree upon selection of a mediator or request that an
appropriate mediator be appointed by the Australian Dispute Centre;
- The parties are equally liable for the fees and reasonable expenses of a mediator and the
cost of the venue of the mediation and without limiting the foregoing undertake to pay any
amounts requested by the mediator as a precondition to the mediation commencing. The parties
must each pay their own costs associated with the mediation;
- The mediation will be held in Melbourne, Victoria, Australia.
d) Confidential
- All communications concerning negotiations made by the parties arising out of and in connection
with this dispute resolution clause are confidential and to the extent possible, must be treated
as ‘without prejudice’ negotiations for the purpose of applicable laws of evidence.
e) Termination of Mediation
- If two months have elapsed after the start of the mediation of the dispute and the dispute has
not been resolved, either party may ask the mediator to terminate the mediation and the mediator
must do so.
14. Venue and Jurisdiction
a) The Services offered by Medicalnote.AI are intended to be viewed by residents of Australia. In the
event of any dispute arising out of or in relation to the Website, you agree that the exclusive
venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
a) The laws of the State of Victoria, Australia govern these Terms and Conditions and any agreement
formed under them. The user and Medicalnote.AI irrevocably and unconditionally submit to the
non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.
16. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction,
that part shall be severed, and the rest of the Terms shall remain in force.