Terms and Conditions of Use

These Terms and Conditions of Use (Terms) govern access to and use of the AAA Specialist mobile application (App) and related services (Services) operated by WiSE Medical (we, us, our).

By downloading, accessing or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Nature of the Services
The App is a digital platform to help Australian registered medical specialists and authorised professional users coordinate referrals, cases, messaging and related administrative workflows (Professional Purposes). The Services are administrative and communications tools only. They do not provide clinical advice, diagnosis or treatment, and are not a substitute for your professional judgment, your employer’s policies, or your statutory and professional obligations.

2. Eligibility and accounts
You must be at least 18 years old and authorised to bind yourself (or your practice entity, if applicable) to these Terms. You represent that registration details you provide are accurate and that you will keep them updated. We may verify identity and professional credentials before or after granting access. We may refuse registration, suspend or terminate access where we reasonably believe these Terms or applicable law are not met.

3. Professional standards and health information
You must use the App only for lawful Professional Purposes and in compliance with all applicable laws, professional standards, codes of conduct, employer or facility rules, and requirements of AHPRA and any other regulator that governs your practice. You are solely responsible for the clinical and ethical appropriateness of referrals, communications and records you create or share.

Health information is sensitive. You must only collect, use and disclose personal information (including health information) through the App as permitted under the Privacy Act 1988 (Cth), the Australian Privacy Principles, applicable State and Territory health records legislation, and your professional duties. You must not upload or share information that is excessive, de-identified inadequately where identification is prohibited, or otherwise unlawful to hold or transmit.

4. Privacy
Our collection, use and disclosure of personal information is described in our Privacy Policy, which forms part of these Terms. By using the App, you acknowledge that you have read the Privacy Policy.

5. Acceptable use
You must not misuse the App. Without limitation, you must not: (a) post or transmit unlawful, harassing, defamatory, obscene, discriminatory, deceptive or harmful content; (b) infringe intellectual property or privacy rights; (c) attempt unauthorised access to systems, data or other users’ accounts; (d) introduce malware or conduct security testing without our written consent; (e) scrape or automate access in a way that impairs the Services; (f) use the App for marketing to patients as consumers in breach of health advertising rules; or (g) use the App in any jurisdiction or manner where doing so is prohibited.

We may remove content, restrict features or suspend access where we reasonably believe there is a breach. Objectionable content has no place on the platform; we may report unlawful activity to authorities where appropriate.

6. Referrals, matching and third parties
Features that suggest or facilitate connections between specialists (including case routing or scheduling aids) are tools only. We do not guarantee availability, suitability, timeliness or outcomes of any referral or match. You remain responsible for clinical decisions, patient consent as required, and verifying the identity and credentials of other users you interact with. Your interactions with other users are between you and them; to the extent permitted by law, we are not responsible for their conduct or for disputes between users.

7. Licence
We grant you a personal, non-exclusive, non-transferable, revocable licence to use the App in Australia for Professional Purposes, subject to these Terms and the rules of the storefront from which you obtained the App (Apple App Store and/or Google Play). You must not copy, modify, reverse engineer, distribute or resell the App except as permitted by law.

8. Fees and subscriptions
Some features may require payment via in-app purchase or other billing arrangements shown in the App or in your app marketplace account. Fees, renewal and cancellation are as displayed at purchase and as required by the applicable storefront rules.

9. Australian Consumer Law
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, term or condition implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other statute in respect of goods or services that cannot lawfully be excluded.

Where our liability for a breach of a non-excludable right is limited by law, we limit our liability, where that limitation is permitted, to (at our option) resupplying the Services or paying the cost of resupply, and otherwise to the maximum extent permitted by law.

10. Disclaimers
Except as required by non-excludable law, the Services are provided on an “as is” and “as available” basis. We do not warrant uninterrupted or error-free operation. You use the Services at your own risk regarding connectivity, devices and backup of your data outside our systems.

11. Limitation of liability
To the fullest extent permitted by law (and subject to section 9), we exclude liability for indirect, consequential, special or exemplary loss, including loss of profit, loss of data, loss of goodwill, or business interruption. Our aggregate liability for any claim arising out of these Terms or the Services (except for non-excludable liability) is limited to the amounts you paid us for the Services in the 12 months before the event giving rise to the claim, or AUD $100 if no fees were paid.

12. Indemnity
You agree to indemnify, defend and hold harmless WiSE Medical and its officers, employees and contractors from claims, losses, costs (including reasonable legal fees) and liabilities arising from or related to: (a) your use of the App; (b) content or information you submit; (c) your breach of these Terms or applicable law; or (d) your clinical or professional acts or omissions. We may assume exclusive defence of any matter subject to indemnity, and you will cooperate reasonably.

13. Third-party marketplaces (Apple and Google)
If you access the App via Apple Inc. or Google LLC storefronts, you acknowledge that those parties are third-party beneficiaries of their required terms only to the extent applicable under their standard licence terms. Subject to section 9, we (not Apple or Google) are responsible for the App and for addressing product claims as required by applicable law. You must also comply with the App Store and Google Play terms that apply to you.

14. Suspension and termination
You may stop using the App at any time. We may suspend or terminate access if you breach these Terms, if we must do so for legal or security reasons, or if we discontinue the Services with reasonable notice where practicable. Provisions that by nature survive (including intellectual property, liability limits to the extent permitted, indemnity and governing law) survive termination.

15. Intellectual property
We or our licensors own the App, branding, documentation and underlying software. Except for the limited licence in section 7, no rights are granted. Feedback you provide may be used by us without obligation to you.

16. Governing law and disputes
These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia sitting in New South Wales.

17. Changes
We may update these Terms by posting a revised version in the App or on our website and, where required by law, notifying you. Continued use after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using the App.

18. General
If any provision is invalid, the remainder remains effective. No waiver is implied from delay or failure to enforce. You must not assign these Terms without our consent; we may assign in connection with a restructure or sale. These Terms (and the Privacy Policy) are the entire agreement regarding the App between you and us regarding subject matter covered here, to the extent permitted by law.