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MIDOC TERMS AND CONDITIONS

1. Acceptance of Terms

By accessing, browsing, submitting information to, communicating through, making payment through, or otherwise using the MIDOC Platform or any associated services in any manner whatsoever, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions.

If you do not agree to these Terms, you must immediately cease use of the Platform and associated services.

These Terms apply to all users of the Platform, including users accessing services through:

  • websites;

  • mobile devices;

  • SMS;

  • telephone;

  • email;

  • customer support;

  • online forms;

  • integrated systems;

  • automated workflows;

  • affiliate or referral links;

  • and associated communication channels.

You must be at least 18 years of age. Users under 18 may only access the Platform with guardian consent accepted by the Practitioner.

Continued use of the Platform following updates to these Terms constitutes acceptance of the revised Terms.

2. Definitions

“MIDOC” includes MIDOC, Insomniak Pty Ltd, Rothschild Health, Manic Trust, associated entities, directors, officers, shareholders, employees, contractors, affiliates, Medical Team Members, technology providers, successors, assigns, licensors, affiliate program operators, and related parties.

“Platform” means all MIDOC websites, systems, applications, APIs, integrations, software, communication systems, messaging systems, forms, booking systems, customer support systems, automated systems, affiliate systems, and associated infrastructure.

“Practitioner” means an independent Australian-registered medical practitioner using the Platform.

“Medical Team Member” includes registered nurses, nurse practitioners, allied health professionals, contractors, and healthcare support personnel operating independently or under Practitioner oversight.

3. Platform Status

MIDOC operates strictly as a technology, communications, booking, facilitation, and administrative platform only.

MIDOC does not provide:

  • medical treatment;

  • healthcare services;

  • clinical services;

  • emergency medical services;

  • pharmacy services;

  • pathology services;

  • imaging or radiology services;

  • legal services;

  • medico-legal services;

  • comprehensive return-to-work assessments;

  • insurance services;

  • or ongoing clinical care directly to users.

MIDOC merely facilitates communication between users and independent Practitioners and Medical Team Members.

Practitioners and Medical Team Members are independent contractors and are not employees, agents, partners, representatives, or fiduciaries of MIDOC.

All Practitioners and Medical Team Members exercise independent professional and clinical judgment at all times.

MIDOC does not:

  • supervise Practitioners or Medical Team Members;

  • direct clinical decisions;

  • control treatment decisions;

  • override professional judgment;

  • employ Practitioners;

  • or assume responsibility for practitioner conduct.

Nothing in these Terms, the Platform, communications, workflows, branding, payment processing, advertising, affiliate marketing, or interactions creates:

  • a partnership;

  • agency relationship;

  • employment relationship;

  • fiduciary relationship;

  • representative relationship;

  • joint venture;

  • ongoing treatment relationship;

  • or legal relationship of trust and confidence between MIDOC and any user.

Automated workflows, booking systems, payment systems, reminders, messaging systems, affiliate systems, document delivery systems, customer support systems, and administrative processes exist solely for technological and administrative facilitation purposes and do not constitute healthcare provision by MIDOC.

MIDOC is not a substitute for ongoing care with your regular doctor.

In any emergency, call 000 or attend hospital immediately.

4. Scope of Services

The Platform may facilitate requests relating to:

  • telehealth consultations;

  • medical certificates;

  • carer certificates;

  • return-to-work clearances for limited clinically appropriate conditions;

  • prescriptions and electronic prescriptions;

  • specialist referrals;

  • pathology requests;

  • imaging and radiology referrals;

  • healthcare documentation;

  • medical letters;

  • weight-loss support;

  • and related administrative services.

All decisions regarding:

  • suitability;

  • approval;

  • refusal;

  • limitation;

  • modification;

  • cancellation;

  • withdrawal;

  • diagnosis;

  • treatment;

  • prescribing;

  • referrals;

  • follow-up;

  • and healthcare outcomes,

are made solely at the independent Practitioner’s or Medical Team Member’s discretion.

No service or outcome is guaranteed.

5. Weight Loss Subscription Services

Where offered, users may elect a recurring subscription for weight loss management support.

Subscriptions:

  • are billed monthly in advance;

  • continue until cancelled;

  • are private-pay only;

  • are not Medicare funded;

  • and may include support from Practitioners and Medical Team Members.

Users are solely responsible for all fees.

Cancellation takes effect at the end of the current billing cycle.

No pro-rata refunds are provided.

6. Return-to-Work Clearances

Return-to-work clearances may only be issued where, in the independent Practitioner’s sole clinical judgment:

  • telehealth assessment is appropriate;

  • the condition is suitable for telehealth review;

  • and sufficient information has been provided.

MIDOC does not guarantee:

  • issue of any return-to-work clearance;

  • employer acceptance;

  • workplace acceptance;

  • regulatory acceptance;

  • or legal validity for any purpose.

Return-to-work clearances are not comprehensive occupational or workplace assessments and are not substitutes for in-person evaluations where required.

7. Independent Third Parties

All pharmacies, pathology providers, imaging providers, radiology providers, laboratories, specialists, hospitals, courier providers, cloud providers, payment processors, software providers, telecommunications providers, affiliate platforms, marketing providers, and external service providers are independent third parties entirely outside MIDOC’s control.

MIDOC is not responsible for:

  • delays;

  • failures;

  • outages;

  • pharmacy refusal;

  • lost prescriptions;

  • lost referrals;

  • delayed pathology;

  • delayed imaging;

  • failed uploads;

  • communication failures;

  • cybersecurity incidents;

  • laboratory errors;

  • radiology errors;

  • affiliate conduct;

  • marketing conduct;

  • or third-party conduct.

8. No Guarantee of Outcomes

MIDOC does not guarantee:

  • approval of requests;

  • issue of certificates;

  • issue of prescriptions;

  • issue of referrals;

  • pathology processing;

  • imaging processing;

  • communication of results;

  • uninterrupted Platform access;

  • acceptance of documents by employers, courts, Centrelink, insurers, universities, airlines, migration authorities, government bodies, or any third party;

  • or any medical, legal, employment, financial, academic, travel, or healthcare outcome whatsoever.

Payment does not guarantee approval or issue of any document or service.

9. User Responsibility and Accuracy of Information

Users are solely responsible for ensuring all submitted information is:

  • truthful;

  • complete;

  • accurate;

  • lawful;

  • and not misleading or deceptive.

MIDOC does not independently verify:

  • identity;

  • symptoms;

  • medical history;

  • supporting evidence;

  • employment circumstances;

  • legal circumstances;

  • or factual claims.

Practitioners and Medical Team Members rely entirely upon user-submitted information.

Users must not:

  • submit false or misleading information;

  • impersonate another person;

  • misuse documents;

  • alter documents;

  • forge documents;

  • or use the Platform unlawfully.

Any document issued based upon false, misleading, incomplete, fraudulent, or deceptive information may be deemed void and treated as though it was never issued.

10. Telehealth Risks and Assumption of Risk

Users acknowledge telehealth services involve inherent limitations and risks including:

  • absence of physical examination;

  • delayed diagnosis;

  • missed diagnosis;

  • deterioration of conditions;

  • medication complications;

  • communication failures;

  • technical failures;

  • delayed pathology or imaging;

  • adverse medical outcomes;

  • serious injury;

  • permanent impairment;

  • psychological injury;

  • illness;

  • and death.

Users voluntarily assume all risks associated with use of the Platform and associated services.

MIDOC is not responsible for:

  • continuity of care;

  • emergency escalation;

  • pathology follow-up;

  • medication monitoring;

  • urgent intervention;

  • or healthcare outcomes.

Users must seek immediate emergency medical attention where clinically necessary.

11. Pathology and Diagnostic Disclaimer

Pathology, blood testing, imaging, radiology, and diagnostic services are performed entirely by independent third-party providers.

MIDOC does not guarantee:

  • that tests will occur;

  • that results will be generated;

  • uploaded;

  • reviewed;

  • communicated;

  • or acted upon.

MIDOC has no duty to:

  • monitor users;

  • monitor pathology or imaging results;

  • identify abnormal findings;

  • provide follow-up care;

  • ensure continuity of treatment;

  • or escalate medical concerns.

Users are solely responsible for obtaining follow-up care and reviewing results with their Practitioner.

12. Customer Support Disclaimer

Customer support services, including support via 1300 788 166, are strictly administrative only.

Customer support staff:

  • are not medical practitioners;

  • do not provide medical advice;

  • do not provide diagnosis;

  • do not provide treatment recommendations;

  • do not provide emergency assistance;

  • and do not override practitioner decisions.

Support is limited to:

  • bookings;

  • technical issues;

  • payment enquiries;

  • locating or re-sending documents;

  • and administrative assistance.

13. Consultation Recordings

Consultations and communications may be recorded for:

  • clinical purposes;

  • quality assurance;

  • training;

  • operational review;

  • fraud prevention;

  • dispute resolution;

  • and legal compliance.

By using the Platform, users consent to such recordings.

14. Advertising, Branding and Platform Identity

Google Ads, advertising keywords, SEO terms, branding, logos, affiliate marketing, automated workflows, communications, and website wording are used solely for discoverability, administrative, branding, operational, and technology purposes.

They do not:

  • create a doctor-patient relationship with MIDOC;

  • constitute healthcare provision by MIDOC;

  • create practitioner employment;

  • or create clinical responsibility for MIDOC.

The MIDOC trademark, branding, systems, and associated infrastructure may be owned, licensed, managed, or controlled by Rothschild Health, Manic Trust, Insomniak Pty Ltd, and associated entities.

Users acknowledge they have not relied upon:

  • advertising content;

  • Google Ads wording;

  • SEO terminology;

  • affiliate marketing;

  • support communications;

  • estimated timeframes;

  • or representations outside these Terms.

15. Prohibited Uses

Unless expressly stated otherwise in writing by the Practitioner, documents issued through the Platform must not be used for:

  • court proceedings;

  • bail applications;

  • criminal matters;

  • Centrelink claims;

  • WorkCover claims;

  • TAC claims;

  • insurance disputes;

  • migration matters;

  • medico-legal proceedings;

  • permanent impairment claims;

  • fitness-for-duty matters;

  • or formal legal evidence.

MIDOC makes no representation or warranty that any document will satisfy any third-party requirements.

No third party may rely upon Platform documents without independently assessing suitability for their own purposes.

16. Refund and Cancellation Policy

All fees paid to MIDOC are strictly non-refundable once submitted to a Practitioner or Medical Team Member for review.

Refunds are only provided where:

  • the Practitioner declines the request before service provision; or

  • MIDOC determines the service cannot be provided.

No refunds are provided for:

  • dissatisfaction with outcomes;

  • refusal of documents;

  • non-acceptance by third parties;

  • pharmacy refusal;

  • pathology delays;

  • imaging delays;

  • technical issues outside MIDOC’s reasonable control;

  • or delays caused by users.

Any refund is limited strictly to the amount paid for the relevant transaction.

17. Trademark and Intellectual Property

“MIDOC”, associated branding, systems, communications, logos, documents, website content, and visual identifiers are intellectual property owned by or licensed to Rothschild Health and associated entities.

Users must not:

  • copy;

  • reproduce;

  • alter;

  • forge;

  • misuse;

  • distribute;

  • commercially exploit;

  • or falsely represent affiliation with MIDOC.

MIDOC may:

  • invalidate documents;

  • void certificates;

  • suspend access;

  • investigate misuse;

  • refuse future services;

  • and report suspected unlawful conduct where legally permitted.

Documents may be deemed void and treated as never issued where MIDOC or the Practitioner reasonably suspects:

  • fraud;

  • misuse;

  • alteration;

  • or misleading information.

18. Privacy and Cybersecurity

Electronic communications and internet-based systems carry inherent cybersecurity and privacy risks. View Privacy Policy.

No electronic system can guarantee complete security or uninterrupted operation.

To the fullest extent permitted by law, MIDOC excludes liability for:

  • hacking;

  • unauthorised access;

  • data loss;

  • communication failures;

  • cybersecurity incidents;

  • transmission failures;

  • and privacy incidents beyond MIDOC’s reasonable control.

Users consent to collection, use, disclosure, retention, deletion, monitoring, storage, and transfer of information as reasonably necessary for operation of the Platform.

MIDOC may retain, archive, anonymise, review, monitor, delete, destroy, or remove records, communications, certificates, recordings, metadata, and Platform records in accordance with operational, legal, regulatory, cybersecurity, and storage requirements.

19. Affiliate and Referral Programs

MIDOC may operate affiliate, referral, ambassador, influencer, promotional, or commission-based marketing programs through third-party systems including GoAffPro or similar platforms.

Affiliates, ambassadors, influencers, referral partners, and promoters are independent third parties and are not employees, agents, representatives, healthcare providers, or authorised spokespersons of MIDOC.

Affiliates and referral partners:

  • do not provide medical advice;

  • do not provide healthcare services;

  • do not make clinical decisions;

  • do not bind MIDOC contractually;

  • and are not authorised to make representations beyond official MIDOC materials.

MIDOC is not responsible for:

  • affiliate statements;

  • marketing conduct;

  • social media posts;

  • spam;

  • discount code misuse;

  • unauthorised claims;

  • or affiliate representations.

MIDOC may suspend affiliate accounts, reverse commissions, invalidate referrals, and take legal action for misuse of branding or intellectual property.

Users acknowledge interactions with affiliates occur entirely at their own risk.

20. No Warranty

To the fullest extent permitted by law, the Platform and services are provided on an “as is” and “as available” basis without warranties, guarantees, conditions, or representations of any kind whether express, implied, statutory, or otherwise.

MIDOC expressly disclaims all implied warranties including:

  • merchantability;

  • fitness for purpose;

  • reliability;

  • accuracy;

  • availability;

  • compatibility;

  • security;

  • and uninterrupted operation.

21. Limitation of Liability

To the fullest extent permitted by law, MIDOC, Insomniak Pty Ltd, Rothschild Health, Manic Trust, associated entities, directors, officers, shareholders, employees, contractors, affiliates, Practitioners, Medical Team Members, technology providers, successors, and related parties exclude all liability arising in:

  • contract;

  • tort;

  • negligence;

  • alleged negligence;

  • statute;

  • equity;

  • common law;

  • or otherwise.

This exclusion applies to:

  • personal injury;

  • serious injury;

  • illness;

  • deterioration;

  • permanent impairment;

  • psychological injury;

  • hospitalisation;

  • wrongful death;

  • death;

  • financial loss;

  • employment loss;

  • academic loss;

  • reputational loss;

  • travel loss;

  • business loss;

  • indirect loss;

  • consequential loss;

  • economic loss;

  • data breaches;

  • cybersecurity incidents;

  • communication failures;

  • delayed diagnosis;

  • missed diagnosis;

  • treatment outcomes;

  • practitioner negligence;

  • third-party negligence;

  • pathology failures;

  • imaging failures;

  • pharmacy failures;

  • affiliate conduct;

  • marketing conduct;

  • technical failures;

  • and any act or omission connected with the Platform or services,

to the maximum extent permitted by law.

Users irrevocably release, waive, discharge, and covenant not to sue MIDOC and associated parties for claims arising from use of the Platform or services, including claims based on alleged negligence or professional negligence, to the maximum extent permitted by law.

Where liability cannot lawfully be excluded, liability is limited, at MIDOC’s sole election, to:

  • re-supplying the relevant service; or

  • refunding the amount paid for the relevant transaction.

The maximum aggregate liability is limited strictly to the amount paid for the specific transaction giving rise to the claim.

22. Indemnity

Users irrevocably agree to fully indemnify, defend, and hold harmless MIDOC, Insomniak Pty Ltd, Rothschild Health, Manic Trust, associated entities, directors, officers, shareholders, employees, contractors, Practitioners, Medical Team Members, affiliates, technology providers, successors, and related parties against any and all:

  • claims;

  • proceedings;

  • investigations;

  • complaints;

  • liabilities;

  • damages;

  • judgments;

  • penalties;

  • fines;

  • settlements;

  • costs;

  • and legal expenses on a full indemnity basis,

arising directly or indirectly from:

  • use of the Platform;

  • false information;

  • misleading information;

  • misuse of documents;

  • unlawful conduct;

  • reliance upon documents;

  • disputes with employers;

  • disputes with regulators;

  • court proceedings;

  • Centrelink matters;

  • pathology issues;

  • imaging issues;

  • pharmacy issues;

  • affiliate conduct;

  • practitioner conduct;

  • third-party conduct;

  • breach of these Terms;

  • or any act or omission connected to the Platform or services.

This indemnity survives termination indefinitely.

23. Force Majeure

MIDOC is not liable for delays or failures caused by events beyond reasonable control including:

  • cyber incidents;

  • system failures;

  • telecommunications outages;

  • internet failures;

  • pandemics;

  • natural disasters;

  • industrial action;

  • supplier failures;

  • government restrictions;

  • affiliate system failures;

  • and third-party interruptions.

24. Class Action Waiver

To the fullest extent permitted by law, claims against MIDOC must be brought solely in the user’s individual capacity and not as part of:

  • class actions;

  • representative proceedings;

  • collective actions;

  • or group litigation.

25. Termination

MIDOC may suspend or terminate access at any time without notice for:

  • breach of these Terms;

  • suspected misuse;

  • fraud;

  • unlawful conduct;

  • security concerns;

  • or any reason in MIDOC’s discretion.

26. Non-Excludable Rights

Nothing in these Terms excludes rights that cannot lawfully be excluded under Australian law including rights under the Australian Consumer Law.

If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

27. Governing Law

These Terms are governed by the laws of Queensland, Australia.

Users submit to the non-exclusive jurisdiction of the courts of Victoria.

28. Entire Agreement

These Terms, together with the Privacy Policy and associated Platform policies, constitute the entire agreement between users and MIDOC and supersede all prior communications, representations, discussions, and understandings.

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