1. Introduction 

AsteRx Pty Ltd (trading as MediRecords) ABN 18 102 519 979 (MediRecords, we, us, our) operates the MediRecords Engage Platform. This document (Terms) sets out the terms and conditions that govern the use of MediRecords’ Engage Platform and associated services. By using the Engage Platform, you agree to comply with these Terms. 

If these Terms are presented to you on our website, you agree to be bound by these Terms by clicking on the “I accept” button or checkbox (or similar). If you do not agree to these Terms, you are not permitted to use the Engage Platform. In these Terms, “you” refers to the entity or person who accepts or is bound by these Terms. 

2. Definitions 

Engage Platform means the suite of products and services available to health care professionals and patients, including the smartphone application and online booking portal. 
User means any individual who uses the Engage Platform. 
Personal Information means all “personal information,” “health information,” and “credit reporting information” (as defined by Privacy Laws). 
Privacy Laws means all laws and regulations in Australia relating to data privacy, including the Privacy Act 1988 (Cth) and applicable State and Territory legislation. 
Participating Practice means a healthcare provider or organisation that subscribes to MediRecords and enables patients to access Engage Platform features. 

A reference to a “Sub-processor” includes hosting providers, cloud service providers, managed service providers, or other vendors that process Personal Information as part of delivering the Application or related services. 

Appointment of a Sub-processor is subject to MediRecords’ prior written approval, unless otherwise expressly permitted under this Agreement. 

3. Registration & Access 

(a) To access the Engage Platform, You must complete the registration process, which may require You to provide certain identifying details (including Medicare number, date of birth, email address and/or mobile phone number). 
(b) We may verify Your identity through SMS, email or other authentication measures before granting access. 
(c) If You register on behalf of another person (including a dependent or minor), You represent and warrant that You are legally authorised to do so and that You have obtained all necessary consents. 
(d) Practices may also invite patients to register with the Engage Platform. Where a patient self-registers, registration must be linked to a Participating Practice. 

4. Health Records and Information 

Your MediRecords health record contains personal health information obtained from your healthcare provider. If you choose to share personal health information with your MediRecords health record (e.g., data you’ve manually entered), this information will be shared with the healthcare provider you choose. You remain responsible for ensuring the accuracy and completeness of information you upload. 

5. Acceptable Use 

You agree not to: 
(a) use the Engage Platform in any unlawful manner or for any unlawful purpose; 
(b) introduce viruses, malware, or malicious code into the Engage Platform; 
(c) attempt to gain unauthorised access to accounts, systems or data; 
(d) use the Engage Platform to send spam, fraudulent offers, or harassing communications; 
(e) use the Engage Platform to infringe the privacy or intellectual property rights of others; 
(f) interfere with or disrupt the integrity, performance or security of the Engage Platform. 
We may suspend or terminate Your access if You breach this clause. 

6. Updates to Terms 

These Terms may be updated or changed by us from time to time. The most current version of our Terms of Use is available on our website. Continued use of the Engage Platform constitutes acceptance of any changes. 

7. Privacy & Data 

MediRecords is committed to responsible privacy practices and compliance with all applicable Privacy Laws, including the Privacy Act 1988 (Cth) and relevant State and Territory legislation. MediRecords will handle your Personal Information and Health Information in accordance with our Privacy Policy (medirecords.com/privacy, which forms part of these Terms. 

(a) You are responsible for making sure that any information you provide through the Engage Platform is accurate, complete, and lawful. 
(b) If you provide information about another person (for example, a dependent), you must have their consent or legal authority to do so. 
(c) To deliver the Engage Platform, we may use trusted service providers (such as hosting, messaging, and payment services). Your information may be shared with them only as needed for the platform to operate. 
(d) Unless stated otherwise in our [Privacy Policy], your personal and health information will be stored securely on servers located in Australia.

8. Shared Responsibility 

MediRecords and its users share the responsibility for maintaining the security and integrity of personal health information. Users must ensure that their actions comply with these Terms and applicable Privacy Laws. MediRecords will implement reasonable security measures to protect data but is not responsible for breaches caused by user negligence. 

9. Payments (Future Enablement) 

(a) The Engage Platform may allow patients to pay invoices issued by Participating Practices. Where this functionality is enabled, payments will be processed by authorised third-party payment providers (e.g. Stripe). 
(b) MediRecords does not set or control the fees payable by patients; these are determined solely by the Participating Practice. 
(c) MediRecords does not store or process cardholder data. Payment security is the responsibility of the payment provider and the Participating Practice. 

10. AI Usage 

(a) The Engage Platform may utilise Artificial Intelligence (AI) to enhance user experience and provide health-related insights. 
(b) Any AI use will comply with the standards of the Australian Health Practitioner Regulation Agency (AHPRA) and the National Boards, including accountability, transparency, informed consent, and clinical oversight. 
(c) AI features will not constitute medical advice, diagnosis, or treatment. You must not rely on AI outputs as a substitute for professional medical judgment. 
(d) Users will be informed about the use of AI, and explicit consent will be required for any AI-driven analysis. 

11. Data Collection and Usage 

Each time you use the MediRecords App, it will automatically collect the following information: IP address, device details, app version, diagnostic and crash information, and log information (date, time, duration, pages used). 

12. Marketing and Communications 

By using the Engage Platform, you consent to MediRecords using your email address to remarket MediRecords products, including the app. Communications may be sent via email, SMS, and phone using the contact details recorded in your MediRecords account. You can opt out of marketing communications at any time. 

13. De-identified Information 

Some information contained within MediRecords is de-identified and stored in the MediRecords database. MediRecords may use this de-identified information for product development, research, trials, and analyses relating to improvements in health and the management of health services. 

14. Liability & Indemnity 

(a) You acknowledge that MediRecords does not provide health services or medical advice, and is not responsible for the acts, omissions, or advice of healthcare providers. 
(b) To the extent permitted by law, MediRecords disclaims all liability for any health outcomes or clinical decisions made by healthcare providers. 
(c) You agree to indemnify and hold MediRecords harmless against all losses, damages, or costs arising out of: (i) Your breach of these Terms; (ii) Your misuse of the Engage Platform; or (iii) any claim by a third party relating to information You upload without proper authority or consent. 
(d) Nothing in these Terms limits any rights or remedies You may have under the Australian Consumer Law. 

15. Security and Privacy 

We take the security of your personal information seriously and comply with all relevant privacy laws. Users are responsible for maintaining the confidentiality of their account details. If you lose your identification details, MediRecords may not be able to reopen your account or provide access to your stored information. 

16. Termination & Dispute Resolution 

(a) You may close Your Engage Platform account at any time via account settings or by contacting MediRecords support. 
(b) We may suspend or terminate Your account if You breach these Terms, or if required by law. 
(c) If You have a complaint or dispute, You must first notify Us in writing. We will use reasonable efforts to resolve the matter within 21 days. If not resolved, either party may escalate the dispute to mediation or commence legal proceedings. 

17. Third-Party Links 

The Engage Platform may contain links to other websites or applications. MediRecords is not responsible for the content, security, or privacy practices associated with these third-party sites. 

18. App Store & Technical Compliance 

If You access the Engage Platform via a mobile application: 
(a) You must comply with the applicable terms of Apple App Store, Google Play, or any other app store provider. 
(b) You acknowledge that these app store providers are third-party beneficiaries of these Terms and may enforce them directly. 
(c) These Terms are an agreement between You and MediRecords only, and not with any app store provider. 

19. Feedback 

We welcome feedback to help improve the Engage Platform. If you have any concerns or suggestions, please use the “Contact us” link on the MediRecords home page. 

20. Governing Law 

These Terms of Use are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, including federal courts located in Victoria. 

21. General 

If you do not comply with these Terms, MediRecords reserves the right to suspend or terminate your account and restrict your use of the Engage Platform. We may also take legal action to protect our rights.