USER TERMS AND CONDITIONS

URGENTClinic
urgentclinic.com.au

Last updated: June 2023

1. Overview

URGENTClinic is a digital platform operated by Rothschilds Health Pty Ltd (“URGENTClinic”, “we”, “us”, “our”) via https://urgentclinic.com.au (the “Platform”).

URGENTClinic facilitates access to telehealth consultations and related administrative services with independent, Australian-registered health practitioners (“Health Practitioners”).

These Terms and Conditions (“Terms”) form a legally binding agreement (“Agreement”) between you (“User”, “you”) and us. By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any additional rules published on the Platform.

If you do not agree, you must immediately stop using the Platform.

We may amend these Terms at any time. Continued use constitutes acceptance of updated Terms.

2. Nature and Scope of the Platform

2.1 What the Platform Does

(a) The Platform connects Users with independent Health Practitioners.
(b) Health Practitioners may, at their sole clinical discretion, provide telehealth consultations and issue medical certificates, prescriptions, referrals, or other outcomes where appropriate and lawful.

2.2 What URGENTClinic Does Not Do

You acknowledge and agree that:
(a) URGENTClinic does not provide medical or health services;
(b) URGENTClinic does not employ Health Practitioners;
(c) URGENTClinic does not control clinical decisions or outcomes;
(d) URGENTClinic does not guarantee that any service, certificate, prescription, referral, or outcome will be provided;
(e) URGENTClinic does not supervise or verify User Content or practitioner communications;
(f) All consultations are strictly between you and the Health Practitioner.

3. Requests, Accounts and Eligibility

3.1 Health Service Requests

(a) You must provide complete, accurate, truthful, and current information, including identity, contact details, and medical history (“Request Information”).
(b) Failure to do so may result in refusal, delay, or invalidation of services.
(c) We may refuse any request or deny access at our sole discretion, without notice.

3.2 User Accounts

(a) Where offered, you may create an account.
(b) You are responsible for all activity under your account.
(c) We may suspend or terminate accounts at any time.

3.3 Eligibility

By using the Platform, you warrant that:

• you are 18 years or older;

• you reside in Australia;

• you have legal capacity to enter this Agreement.

4. Medical Certificates & Outputs

(a) No medical certificate, prescription, referral, or outcome is guaranteed.
(b) All decisions rest solely with the Health Practitioner.
(c) Certificates are delivered via secure electronic methods.

5. Certificate Validity Disclaimer

1. Accuracy Required
   All certificates depend entirely on the truthfulness and completeness of information you provide.

2. Invalidation
   Certificates may be deemed invalid and not issued if information is false, misleading, incomplete, incoherent, or withheld.

3. Verification
   URGENTClinic may request follow-up verification. Failure to respond may invalidate a certificate.

6. Fees and Payments

(a) Fees are disclosed before checkout and payable upfront.
(b) Fees are non-refundable unless the Health Practitioner determines telehealth is unsuitable or required by law.
(c) Prices are in AUD and may include GST.

7. Platform Use Restrictions

You must not:

• misuse the Platform;

• submit false or misleading information;

• interfere with Platform systems;

• engage in unlawful, abusive, deceptive, or harmful conduct;

• attempt to manipulate or exploit Health Practitioners or outcomes.

8. Intellectual Property

All Platform content is owned or licensed by Rothschilds Health Pty Ltd.
No rights are transferred to you.

9. Third-Party Links

We are not responsible for third-party websites or services. Use them at your own risk.

10. DISCLAIMERS (CORE PROTECTION)

To the maximum extent permitted by law:

(a) The Platform is provided “as is” and “as available”;
(b) We make no guarantees about availability, accuracy, or outcomes;
(c) We do not warrant uninterrupted or error-free access;
(d) You assume all risk arising from Platform use.

10A. RELEASE OF CLAIMS

To the maximum extent permitted by law, you irrevocably release and forever discharge:

• URGENTClinic

• Rothschilds Health Pty Ltd

• All directors, officers, shareholders, employees, contractors, agents, affiliates, and related entities

(collectively, the “Released Parties”)

from any and all claims, whether known or unknown, arising from or related to:

• use of the Platform;

• any consultation or outcome;

• any medical certificate, prescription, referral, or decision;

• reliance by you or third parties (including employers);

• acts or omissions of Health Practitioners or other Users.

This release applies to claims in contract, tort (including negligence), statute, equity, misrepresentation, or otherwise.

10B. LIMITATION OF LIABILITY

(a) To the maximum extent permitted by law, the Released Parties are not liable for any loss, damage, cost, or expense, including indirect or consequential loss (loss of income, opportunity, reputation, data, or goodwill).

(b) Director & Officer Shield:
You agree not to bring any claim against any director or officer of Rothschilds Health Pty Ltd in their personal capacity, to the maximum extent permitted by law.

(c) Non-Excludable Rights:
Nothing excludes rights under the Australian Consumer Law that cannot legally be excluded. Where liability cannot be excluded, it is limited to the maximum extent permitted, including resupply or cost of resupply under s64A ACL.

11. INDEMNITY

You agree to fully indemnify and hold harmless the Released Parties from all claims, losses, liabilities, penalties, fines, costs and legal expenses arising from:

• your use of the Platform;

• inaccurate or misleading information you provide;

• misuse of any certificate or output;

• claims by employers, regulators, or third parties;

• breach of these Terms or any law.

This indemnity survives termination.

12. Dispute Resolution

(a) Disputes must follow good-faith negotiation and mediation before court proceedings (except urgent relief).
(b) Mediation is conducted via the Resolution Institute.

12A. NO CLASS ACTIONS

To the maximum extent permitted by law, you waive the right to bring or participate in any class action or representative proceeding against the Released Parties.

13. Termination

We may suspend or terminate access at any time.
Termination does not affect accrued rights, indemnities, or releases.

14. Privacy

Personal information is handled in accordance with our Privacy Policy.

15. Governing Law

This Agreement is governed by the laws of Victoria, Australia, and parties submit to Victorian courts.

APPENDIX A — AFFILIATE PROGRAM TERMS

(Operated by Rothschilds Health Pty Ltd trading as URGENTClinic)

[Affiliate terms continue unchanged except:
All references to “MIDOC” are replaced with URGENTClinic / Rothschilds Health Pty Ltd,
and all domains replaced with urgentclinic.com.au.]

APPENDIX B — SPECIAL INDEMNITY (TRAVEL, SCHOOL, UNIVERSITY, EMPLOYERS)

Any person or entity using, relying on, recommending, or submitting URGENTClinic services for travel, education, employment, or institutional purposes agrees to:

• fully indemnify URGENTClinic and all Released Parties;

• accept full responsibility for reliance or submission;

• waive any claim arising from rejection, investigation, or dispute.