Thank you for visiting the StatDoctor Terms of Use (Agreement), we are Statdoctor Australia Pty Ltd ACN 671 408 692 (we, our, us and other similar terms). We provide an online marketplace connecting locum doctors with hospitals and clinics throughout Australia known as StatDoctor (StatDoctor). This Agreement outlines the terms and conditions associated with the use of StatDoctor. It is your obligation to ensure that you have read, understood and agree to the most recent terms available at https://www.statdoctor.app/terms-of-use
By using StatDoctor, you agree to comply with and be bound by the terms and conditions of this Agreement. These terms govern your access to and use of StatDoctor. If you do not agree to these terms, you have no right to obtain information from StatDoctor, use our services or otherwise continue using StatDoctor.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business and its authorised business Users. You also agree not to disclose your Account security credentials to another person or permit them to access your Account on your behalf. You are responsible for the activities undertaken using your Account(s) which occur via StatDoctor, whether such activities are authorised by you or not.
These terms are binding on any use of StatDoctor. You must not use StatDoctor if you are not able to form legally binding contracts or are under the age of 18. If you create an Account on behalf of your employer or any other entity, you warrant you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein.
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement.These capitalised words and phrases are defined throughout the Agreement or in clause 15 and aid to clarify the terms and conditions. Please feel free to email us at admin@statdoctor.app if you have any questions relating to this Agreement.
You acknowledge and agree that to access StatDoctor, you are required to provide us with personal information and create an Account with us (Account).
You agree to provide any information reasonably requested by us for the purpose of setting up yourAccount and operating StatDoctor. You warrant that all of the information you provide to us is accurate and complete in all respects; you will inform us by updating your Account details whenever any such information changes; and you will not provide false or misleading information.
We reserve the right to reject any new Account in our absolute discretion.
The job listings, locum doctor profiles and other content on StatDoctor is largely produced by other people using StatDoctor (Users) and not us. It is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the content of other Users. StatDoctor may contain hyperlinks and other pointers to sites operated by third parties. We do not control these third party websites and are therefore not responsible for the information available on them. You follow User generated Hyperlinks and visit third party websites entirely at your own risk.
While you maintain a valid Account, we will provide support to assist you with technical issues which arise from the use of StatDoctor. Support is available via admin@statdoctor.app.
You acknowledge and agree that StatDoctor requires access to the internet and will not function as anticipated without internet access.StatDoctor operates using third party cloud infrastructure and telecommunication services (ThirdParty Infrastructure). From time to time StatDoctor may become inaccessible or unavailable. Wen either control nor are we liable for faults in Third Party Infrastructure nor the consequences which arise from such faults.
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove content from, redesign, improve, take offline (temporarily or permanently) or otherwise alter StatDoctor at our sole and absolute discretion. From time to time, without notice, access to all or part of StatDoctor may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to StatDoctor as soon as practicable. To the maximum extent permitted at law, we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such temporary interruptions will not constitute a breach of these terms.
In order to make full use of the mobile application version of StatDoctor you must allow your device access to that devices data connectivity, email, storage and phone services.
You undertake not to upload, store or access any data on StatDoctor if such access or storage would infringe a person’s Intellectual Property right, breach any privacy law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
You must not:
(a) use an Account unless you have the express authority of the Account holder;
(b) use automated means to upload content, log in or attempt to log into an Account, download or otherwise accessStatDoctor in any way;
(c) attempt to gain unauthorised access to or impair any aspect of StatDoctor;
(d) in any way tamper with, hinder or modify StatDoctor;
(e) provide false or misleading information;
(f) knowingly transmit any viruses or other disabling features to or via StatDoctor;
(g) intentionally disable or circumvent any protection or disabling mechanism related toStatDoctor;
(h) install or store any software applications, code or scripts on or through StatDoctor;
(i) use StatDoctor in any way which could be reasonably expected to interfere with or damage our network, any other operator's network, or anotherUser's enjoyment of StatDoctor; or
(j) attempt any of the above acts or facilitate or assist another person to do any of the above acts.
We reserve the right to limit or suspend all or part of your (or your authorised User’s) access to StatDoctor and alter your Account information, if in our reasonable opinion:
(a) you are in breach of a material term of this Agreement;
(b) you are making misleading or deceptive statements via StatDoctor;
(c) your Account information is incomplete;
(d) your Account is not used for a period of greater than 12months; or
(e) we suspect a security breach associated with your Account.
Suspending your Account will not constitute a breach of this Agreement by us.
Subject to clause 7 (App Marketplace Providers) we grant you a non-transferrable, non-exclusive, non-sublicensable, worldwide, royalty free and revocable licence to use StatDoctor, on the terms contained in this Agreement (Licence). The Licence to use StatDoctor is subject to and conditional to your compliance with the terms of this Agreement.
The StatDoctor mobile application is available from Google Play and the Apple App Store (App Marketplace Providers).
This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for StatDoctor, and we are solely responsible for:
(a) its support and maintenance;
(b) the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of StatDoctor; and
(c) any claim StatDoctor fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.
The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of StatDoctor and any other remedies under consumer protection law. Your right to use StatDoctor is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.
The App Marketplace Provider may monitor your use of StatDoctor and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.
If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
This clause must be read subject to any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Conditions).
We exclude all implied guarantees, conditions and warranties from this Agreement except any Non-Excludable Conditions.
Subject to the Non-Excludable Conditions and to the maximum extent permitted at law, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
(a) StatDoctor being temporarily inaccessible for any reason that is beyond our control;
(b) incorrect or corrupt data, lost data, or any inputs or outputs of StatDoctor;
(c) any computer virus, trojan and other malware in connection with StatDoctor;
(d) security vulnerabilities in StatDoctor or any breach of security that results in unauthorised access to, or corruption of data;
(e) any dispute arising between Users or your engagement with another User of StatDoctor;
(f) the actions or inactions of any other User or other third party to this Agreement; or
(g) the occurrence of an Event ofForce Majeure.
To the maximum extent possible under the law, we limit our liability for any breach to:
(a) in the case of goods there-supply of the goods or payment of the cost of there-supply of the goods or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
(b) in the case of services there supply of the services or the payment of the cost of having the services resupplied.
You indemnify us against all costs suffered or incurred by us arising wholly or partially, whether directly or indirectly, from your infringement of any third party Intellectual Property rights; interactions or contracts you form with other Users of StatDoctor; or your breach of any law associated with this Agreement.
Subject to the Non-Excludable Conditions, we make no warranties or guarantees that StatDoctor is fault free, regarding its fitness for any particular purpose or regarding your access to, or the results of your access to StatDoctor, including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
For the purpose of this Agreement, intellectual property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right (Intellectual Property).
Nothing in this agreement is intended to transfer or assign ownership of one parties’ Intellectual Property to the other.
We warrant we own or have a licence to use the Intellectual Property in StatDoctor. You warrant you will not do any of the following, or permit any person over whom you have effective control to:
(a) copy or reproduce, or create an adaptation or translation of, all or part of StatDoctor in anyway, except to the extent that reproduction occurs automatically through its ordinary use;
(b) incorporate all or part of StatDoctor in any webpage, site, application or other digital or non-digital format;
(c) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of StatDoctor on any medium; or
(d) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in StatDoctor.
If you provide us with content, including, without limitation, text, photos, images, audio, video, code and any other materials (User Content). Your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with StatDoctor), communicate, publish, publicly display, publicly perform and distribute User Content for the purposes of allowing us to provide, improve, promote and protect StatDoctor. You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within StatDoctor.
While we reserve the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.
You undertake, and it is a condition of this Agreement, that you and your authorised Users do not upload any User Content to StatDoctor:
(a) which is false, misleading or otherwise deceptive in any way;
(b) which is improper, harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful or otherwise objectionable;
(c) which includes nudity, sex, pornography, adult-oriented content, or explicative or inappropriate language;
(d) containing any computer virus or malicious code;
(e) that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age or sexual orientation; or
(f) any other content which we deem inappropriate, acting reasonably.
You agree and consent to us handling your personal information in accordance with our privacy policy. We may amend our privacy policy in our sole discretion. If we amend our privacy policy, we will post the new version on our Website.
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 12 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If theDispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 12. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 12 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
Either party may end this Agreement immediately if the other materially breaches this Agreement.
We may end this Agreement immediately if we cease to provide StatDoctor or your Account remains suspended for a period of more than 14 days.
Upon termination: you must immediately stop using StatDoctor, we reserve the right to permanently erase any data associated with your Account and you will no longer have access to your Account. You are solely responsible for the extraction of any of your data or User Content from StatDoctor prior to termination.
Assignment – Neither party may assign, encumber, declare a trust over or otherwise create an interest in its rights in this Agreement without the other party’s consent, which must not be unreasonably withheld.
Entire agreement - This Agreement, including the Medical Facility and Locum schedules, set out all the parties’ rights and obligations relating to the subject matter of the Agreement, and it supersedes all previous agreements or understandings between the parties in connection with the relevant subject matter.
Event of Force Majeure - means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.The parties' obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure.
Governing law - This Agreement is governed by and is to be construed in accordance with the laws applicable in Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria.
Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing.Any communication under or in connection with this Agreement which we send to you, will be sent to you via a mobile application push notification or the email address provided to us in your Account. By accepting these terms, you give your consent to receive communications from us by email and push notifications. Your notices to us should be directed to admin@statdoctor.app or sent via the facilities made available to you on our Website.
Relationship of the parties - Nothing in this Agreement is intended to create any partnership, joint venture, agency or employment relationship between the parties.
Survival – Clauses 7, 8, 10, 12, the Indemnity Clauses and any other clause in this Agreement which is expressed to survive or by its nature survives, will survive termination or expiry of this Agreement for any reason.
Severance - If anything in this Agreement is unenforceable, illegal, or void then it is severed, and the rest of this Agreement remains in full force and effect.
Variations to this Agreement - We may vary this Agreement at any time by posting the new Terms of Use on our Website. The Terms of Use come into effect after 30 days for Locums and immediately after the end of the then current Subscription Period for Medical Facilities. If you do not accept the terms of the variation you may terminate this Agreement in accordance with the Termination Clauses.
Account or User Account takes its meaning from clause 3.1.
Agreement means these terms of use and associated schedules.
Indemnity Clauses mean in the case of Medical Facilities Schedule 1 clause 3 and in the case of Locums, Schedule 2 clause 3.
Locum means an independent medical professional seeking work opportunities via StatDoctor.
Medical Facility means a hospital, clinic or other medical facility who holds a subscription to StatDoctor.
Subscription Period means the period of time set out when you enter into this Agreement with us and where not set out means 1 month.
Term takes its meaning from Schedule 1 in the case of Medical Facilities and in the case of Locums Schedule 2.
Termination Clauses mean clause 13 and in the case of Medical Facilities Schedule 1 clause 4 and in the case of Locums, Schedule 2 clause 4.
Third Party Infrastructure takes its meaning from clause 4.3.
User Content takes its meaning from clause 10.2.
We, our, us or other similar terms means Statdoctor Australia Pty Ltd ACN 671 408 692.
Website means statdoctor.app and any of its subdomains.
You , your or other similar terms mean the person who is entering into this Agreement with us.
If you are a hospital, clinic or other medical facility seeking the services of Locums (Medical Facility) then you acknowledge and agree to the additional terms set out in this Schedule 1.
The Term of this Agreement will commence when you create an Account for StatDoctor (Term) and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with the Termination Clauses.
If this Agreement is not terminated in accordance with the Termination Clauses prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.
You agree to pay any Fees associated with your subscription to StatDoctor which are set out at the time you enter into or renew this agreement with us (Fees).
All Fees are exclusive of GST unless expressed otherwise.
You are solely responsible for providing evidence of being tax exempt before any supply is made on a tax exempt basis.
You acknowledge that we are not a party to the relationship or any dealings between you and any Locum you engage. Without limitation, you are solely responsible for:
(a) determining the suitability of Locums before entering into a contract with them;
(b) negotiating, agreeing to, and executing any terms or conditions of the contract you have with a Locum;
(c) complying with the obligations of any contract you have with a Locum; and
(d) complying with any legal obligations you have in relation to superannuation, withholding or other tax associated with your engagement of a Locum.
We do not:
(a) undertake any due diligence, vet or otherwise perform background checks on Locums;
(b) supervise, direct, control, or evaluate Locums or their work;
(c) impose quality standards on any Locum services; nor
(d) dictate the performance, methods or processes a Locum uses to perform their services.
You indemnify us against any loss, damage or costs which we incur arising as a result of a transaction between yourself and any Locum which you engage with.
If you have a Medical Facility Account for StatDoctor either party may terminate this Agreement for any reason by providing the other party with notice in writing. Termination will then take effect at the end of the then current Subscription Period.
If you are an independent medical professional seeking work opportunities (Locum) then you acknowledge and agree to the additional terms set out in this Schedule 2.
The Term for this Agreement begins when you first access StatDoctor and continues until you cancel your Account or this Agreement is terminated in accordance with the Termination Clauses (Term).
You acknowledge and agree:
(a) we provide a service to Medical Facilities who advertise their vacancies and we are not engaged in any transaction between yourself and the Medical Facility;
(b) the vacancy details and Medical Facility profiles are provided by the Medical Facility and not us;
(c) we provide you with a platform whereby you can engage directly with the Medical Facility; and
(d) we do not advertise vacancies ourselves nor are we the agent of the Medical Facility, therefore, our capacity to act is limited where a dispute arises between you and a Medical Facility.
You indemnify us against any loss, damage or costs which we incur arising as a result of a transaction between yourself and any Medical Facility which you engage with.
If you have a Locum Account for StatDoctor, we may terminate this Agreement for any reason by providing you with 30 days advance written notice and you may terminate this Agreement immediately and at any time by closing your Account or notifying us in writing.
.svg)
.jpeg)
.png)
.png)
