Disclaimers
We provide a referral process/software service that allows your physiotherapist to refer you to a general practitioner (GP) via our platform for a fast referral to receive a Medicare-funded scan through a radiologist (Services). If you require immediate medical attention, contact your treating general practitioner or call 000.
If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services, or believe that you, or another person is in an urgent, dangerous, or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services.
As part of our services, our role is limited to referring you to an applicable third party Australian registered medical practitioner or specialist. The medical practitioner or specialist may, based on their own judgment, medical expertise, and assessment of your suitability for such treatments, provide alternative medicines or treatments to you. We are not responsible for, nor do we make any guarantees as to, the medical advice, products, or services that a third party (including a medical practitioner) may provide you.
Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you accept our Terms are set out below:
We will handle your personal information in accordance with our privacy policy, available at https://refr.com.au/privacy-policy.
Subject to your Consumer Law Rights:
Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and
We will not be liable for you not providing us or a Third Party Medical Provider with correct and complete current health and medical information, any negligence or errors made by a Third Party Medical Provider, failure to follow any reasonable instructions provided to you by us, Consequential Loss, or delays or failures in performance due to Force Majeure Events.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Acceptance
1.1 These terms and conditions (Terms) are entered into between Refr Pty Ltd (we, us, or our) and you, together the Parties and each a Party.
1.2 We provide an online platform (Platform) where your physiotherapist can refer you to a GP via our software for a fast referral to receive a Medicare-funded scan via a radiologist.
1.3 You accept these Terms by the earlier of (a) accepting these Terms on the Platform; (b) filling out the referral form on our Platform (Referral Form); or (c) making payment of any part of the Fees.
1.4 These Terms will terminate upon the completion of the Services in your Booking (as determined by us).
2. Services
Our services consist of providing you with:
A referral process/software that facilitates the referral from your physiotherapist to a GP for a fast referral to receive a Medicare-funded scan via a radiologist.
In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.
If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.
3. Third Party Providers
You acknowledge and agree that access to the Platform may be reliant on certain third-party providers (Third Party Providers), including IT providers or CRM providers. You agree to comply with the terms and conditions applicable to the relevant Third Party Providers (Third Party Terms) at all times.
You acknowledge and agree that if you do not agree to any Third Party Terms, this may affect our ability to provide the Services.
To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from, or connected with any Third Party Terms.
This clause 3 will survive the termination or expiry of these Terms.
4. Third Party Medical Providers
You acknowledge and agree that:
(a) Where we have provided you with any referrals for third party medical providers (Third Party Medical Providers), you are responsible for booking an appointment with the relevant Third Party Medical Providers;
(b) You will comply with the terms and conditions applicable to the relevant Third Party Medical Providers and any reasonable instructions provided by the Third Party Medical Providers; and
(c) We are not responsible for, and have no control over any Consultation, health services, or the accuracy of information provided by Third Party Medical Providers.
To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from, or connected with any Third Party Medical Provider that does not perform its services professionally or accurately.
This clause 4 will survive the termination or expiry of these Terms.
5. Referrals
You acknowledge and agree that a GP can refer you to a Third Party Medical Provider where they consider it medically appropriate and in line with their legal obligations.
Complex referrals may not be provided as these often involve detailed patient history, multi-faceted medical conditions, or a high degree of specialisation that requires extensive knowledge about a patient’s unique medical situation.
You acknowledge and agree that:
(a) We are not a party to, or a participant in, any contractual relationship between you and/or Third Party Medical Providers;
(b) The Third Party Medical Providers are not our employees or representatives;
(c) The GPs have full and absolute discretion in determining whether referral for Medical Testing or to a Third Party Medical Provider is suitable for you; and
(d) We do not guarantee that a GP will refer you to a Third Party Medical Provider following a Consultation via the Platform.
6. Payment
6.1 Payment is required via credit card when you schedule your Booking and payment secures your appointment.
6.2 We may offer payment through a third-party provider, for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
6.3 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
6.4 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
6.5 Subject to 6.6, the Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms and will not be refundable for Consultations that do not result in the provision of a script, referral, medical certificate, or other documentation. We cannot guarantee the provision of prescriptions, treatment, or documentation.
7. Liability
To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) You not providing us or a Third Party Medical Provider with correct and complete current health and medical information;
(b) Your failure to follow the Third Party Medical Terms or any reasonable instructions provided to you by us or a Third Party Medical Provider; and
(c) Any event outside of our reasonable control.
Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(a) Neither Party will be liable for Consequential Loss;
(b) A Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss; and
(c) Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
This clause 7 will survive the termination or expiry of these Terms.
8. General
Amendment: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform and our Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms.
Assignment: Subject to clause 8.3, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by the Australian Disputes Centre.
Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if
