StatDoctor Australia Pty Ltd ACN 671 408 692
1. Background
StatDoctor is an online marketplace connecting locum doctors with hospitals and clinics throughout Australia, operated by StatDoctor Australia Pty Ltd ACN 671 408 692. Users must read and agree to the most recent terms at https://statdoctor.app/terms-of-use.
2. Agreement
2.1 Accepting this Agreement
By using StatDoctor, you agree to comply with and be bound by these terms and conditions. These terms govern your access to and use of StatDoctor. If you do not agree, you have no right to use the services.
You agree not to request or allow another person to create an Account on your behalf, except authorised employees or agents may create Accounts for businesses. You must not disclose your Account security credentials to others. You are responsible for all activities undertaken using your Account(s), whether authorised or not.
You must not use StatDoctor if you cannot form legally binding contracts or are under 18 years old. If creating an Account on behalf of an employer or entity, you warrant you hold authority to enter into this Agreement on that entity's behalf.
2.2 About this Agreement
Capitalised words and phrases throughout the Agreement are defined within the document or in clause 15. Contact admin@statdoctor.net with questions.
3. User Account
3.1 Creating an Account
You must provide personal information and create an Account to access StatDoctor. You agree to provide any information reasonably requested for setup and operation. You warrant all information provided is accurate and complete, and you will update Account details when information changes. You will not provide false or misleading information.
StatDoctor reserves the right to reject any new Account in its absolute discretion.
3.2 Account permissions
4. StatDoctor
4.1 Content and user profiles
Job listings, locum doctor profiles, and other content on StatDoctor are largely produced by Users, not StatDoctor. Use this content at your own risk. StatDoctor makes no warranty or representations as to the accuracy of User-generated content. StatDoctor may contain hyperlinks to third-party websites. StatDoctor does not control these sites and is not responsible for their information. You follow such links entirely at your own risk.
4.2 Support
While maintaining a valid Account, StatDoctor provides support for technical issues arising from StatDoctor use. Support is available at admin@statdoctor.net.
4.3 StatDoctor accessibility
StatDoctor requires internet access and will not function as anticipated without it. StatDoctor operates using third-party cloud infrastructure and telecommunication services (Third Party Infrastructure). StatDoctor may become inaccessible or unavailable from time to time. StatDoctor neither controls nor is liable for faults in Third Party Infrastructure or consequences arising from such faults.
4.4 Updates to StatDoctor
StatDoctor reserves 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 its sole and absolute discretion. Without notice, access to all or part of StatDoctor may be disrupted or limited. During interruptions, StatDoctor will use reasonable endeavours to restore access as soon as practicable. To the maximum extent permitted by law, StatDoctor is not liable for any loss arising from any interruption to access, and temporary interruptions will not constitute a breach of these terms.
5. Your use of StatDoctor
5.1 Accessing StatDoctor
To fully use the StatDoctor mobile application, you must allow your device access to that device's data connectivity, email, storage, and phone services.
5.2 Lawful use of StatDoctor
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 common law, statute, delegated legislation, rule, or ordinance of the Commonwealth, State, or Territory).
5.3 Prohibited conduct
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 access StatDoctor 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 to StatDoctor;
- (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 StatDoctor's network, any other operator's network, or another User'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.
5.4 Right to suspend
StatDoctor reserves 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 its 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 greater than 12 months; or
- (e) StatDoctor suspects a security breach associated with your Account.
Suspending your Account will not constitute a breach of this Agreement by StatDoctor.
6. License
Subject to clause 7 (App Marketplace Providers), StatDoctor grants 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 on your compliance with the terms of this Agreement.
7. App Marketplace Providers
The StatDoctor mobile application is available from Google Play and the Apple App Store (App Marketplace Providers).
This Agreement is between StatDoctor and you only. StatDoctor, and not the App Marketplace Provider, is responsible for StatDoctor, and is 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.
8. Limitation of liability
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).
8.1 Implied conditions
StatDoctor excludes all implied guarantees, conditions, and warranties from this Agreement except any Non-Excludable Conditions.
8.2 Limitation of liability
Subject to the Non-Excludable Conditions and to the maximum extent permitted by law, StatDoctor excludes 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 beyond StatDoctor's 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 of Force Majeure.
8.3 Limits to liability associated with goods and services
To the maximum extent possible under law, StatDoctor limits its liability for any breach to:
- (a) in the case of goods, the re-supply of the goods or payment of the cost of the re-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, the re-supply of the services or the payment of the cost of having the services re-supplied.
8.4 Indemnity
You indemnify StatDoctor against all costs suffered or incurred by StatDoctor 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.
9. Warranties
Subject to the Non-Excludable Conditions, StatDoctor makes 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.
10. Intellectual Property
10.1 Intellectual Property
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 party's Intellectual Property to the other.
StatDoctor warrants it owns or has 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 any way, 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.
10.2 User Content
If you provide StatDoctor 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 StatDoctor.
When you provide User Content, you grant StatDoctor 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 StatDoctor makes so that User Content works better with StatDoctor), communicate, publish, publicly display, publicly perform, and distribute User Content for the purposes of allowing StatDoctor to provide, improve, promote, and protect StatDoctor. You waive any claims against StatDoctor 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 StatDoctor reserves the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree StatDoctor is not required to monitor User Content, nor is it responsible for it.
10.3 Prohibited Content
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 StatDoctor deems inappropriate, acting reasonably.
11. Privacy
You agree and consent to StatDoctor handling your personal information in accordance with its privacy policy. StatDoctor may amend its privacy policy in its sole discretion. If StatDoctor amends its privacy policy, it will post the new version on its Website.
12. Dispute Resolution
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 the Dispute 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.
13. Termination
13.1 Termination generally
Either party may end this Agreement immediately if the other materially breaches this Agreement.
StatDoctor may end this Agreement immediately if it ceases to provide StatDoctor or your Account remains suspended for a period of more than 14 days.
13.2 Actions upon termination
Upon termination: you must immediately stop using StatDoctor, StatDoctor reserves 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.
14. General
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, sets 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 StatDoctor sends to you will be sent to you via a mobile application push notification or the email address provided to StatDoctor in your Account. By accepting these terms, you give your consent to receive communications from StatDoctor by email and push notifications. Your notices to StatDoctor should be directed to admin@statdoctor.net or sent via the facilities made available to you on StatDoctor's 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: StatDoctor may vary this Agreement at any time by posting the new Terms of Use on its 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.
15. Definitions
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 StatDoctor 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 StatDoctor.
Schedule 1: Medical Facility Terms
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.
1 Agreement and Term
1.1 Term. 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.
1.2 Renewal. 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.
1.3 Fees and Payment. 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 StatDoctor (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.
2 Our rights and obligations
2.1 Not a party. You acknowledge that StatDoctor is 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.
2.2 No guarantees. StatDoctor does 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.
3 Indemnity
You indemnify StatDoctor against any loss, damage, or costs which StatDoctor incurs arising as a result of a transaction between yourself and any Locum which you engage with.
4 Termination of Medical Facility Accounts
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.
Schedule 2: Additional Locum Terms
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.
1 Term
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).
2 Transactions between you and Medical Facilities
You acknowledge and agree:
- (a) StatDoctor provides a service to Medical Facilities who advertise their vacancies and StatDoctor is 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 StatDoctor;
- (c) StatDoctor provides you with a platform whereby you can engage directly with the Medical Facility; and
- (d) StatDoctor does not advertise vacancies itself nor is it the agent of the Medical Facility, therefore, its capacity to act is limited where a dispute arises between you and a Medical Facility.
3 Indemnity
You indemnify StatDoctor against any loss, damage, or costs which StatDoctor incurs arising as a result of a transaction between yourself and any Medical Facility which you engage with.
4 Termination of Locum Accounts
If you have a Locum Account for StatDoctor, StatDoctor 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 StatDoctor in writing.