These terms govern access to and use of the Medconsultants website (“the site”), and also govern the services provided by Medconsultants to its clients. The operator of the site and service provider is Medical Administrative Services Pty Ltd ABN 96 631 570 227 trading as Medconsultants (“we”, “us”).
Use of the site, or registration as a user of the site, indicates acceptance of these terms by the user concerned (“you”), and request, acceptance or use of our services indicates acceptance of these terms by the client concerned (“you”). If you do not accept these terms, you must not use or register with the site, nor request or accept services from us.
This version of these terms is dated 10 May 2014. We may update these terms from time to time. Amendments to these terms take effect when updated terms are published on the site. You should review this page from time to time to see whether there have been any updates.
Use of the site
You may use the site to locate information about us and our services, and to communicate with us including requesting appointment bookings.
You must not use the site in a way that denies access or services to others. You must not engage in any unauthorised or unlawful activity using the site. You must not circumvent, or attempt to circumvent, any of the site’s security features.
Although we endeavour to ensure the site’s content is up to date, complete and correct, you agree that we have no liability for errors or omissions in that content. No part of the site is intended as professional advice, and you should not rely on any of the site’s content as such. Appointment bookings through the site may need to be changed from time to time due to circumstances outside our control. The site may contain links to other sites outside our control. Such links do not indicate affiliation with or approval of such other sites.
Our services comprise of medical evaluation and reporting, and associated services. You can engage our services by booking an appointment through the site, or by contacting us directly using the contact details shown on the site. You commit to appointments when made, but you may cancel or change an appointment by giving us at least three working days’ prior notice.
You must obtain your examinee’s consent to attend the appointment and to be the examinee subject of our services, for the collection of relevant personal information from the examinee, and for the provision of our report about the examinee to you. We may ask the examinee to confirm their consent before an appointment.
You must ensure that your examinee attends appointments made by you. If the examinee does not attend, or if you provide less than three working days’ notice of a cancellation or change, then you must pay our cancellation fee for the appointment.
The site contains details of materials and information that examinees must bring to appointments. You must ensure your examinee complies with those requirements and cooperates with us generally in the provision of the services. If the examinee fails to bring necessary materials or information, or does not cooperate with us, this may result in the need to cancel and/or reschedule the appointment, and you must pay our cancellation fee for the appointment.
We will ensure our services are provided with due care and skill. If you are concerned about the quality or any other aspect of our services, please contact us.
You acknowledge that our services are intended to be independent. This means the outcome of an assessment may not necessarily be the outcome expected or desired by you or your examinee, and may be against your or the examinee’s interests. We are entitled to rely on information provided by you or your examinee in providing the services, and we are not required to independently verify that information.
You agree that we have no liability to you or your examinee for any direct, indirect or consequential loss or damage, or loss of expected claim or benefit (whether or not we were or should reasonably have been aware of the risk, and whether or not arising from negligence). Without affecting the other limitations in this paragraph, you agree that our total aggregate liability to you for any claim by you or any examinee in relation to our services will not exceed the fee charged by us for the services concerned. You indemnify us from and against any claim against us by your examinee relating to our services.
If any term is implied by law into this agreement, then our liability for any breach of that term is limited (at our option) to the resupply of the services, or the payment of the cost of their resupply.
You agree to pay our fees for the services we provide. Details of applicable fees are available on request. Unless otherwise stated, our fees are expressed exclusive of GST, which is payable in addition. Fees are due and payable within 14 days of invoice. If our invoices are not paid by their due date, then in addition to any other rights, we may withhold the provision of reports or information, or suspend or cancel the provision of further services.
These terms are governed by Queensland law, and any dispute will be adjudicated by the Queensland courts. Neither party is an agent or partner of the other under this agreement. You must not take any legal action in respect of the site or our services without first using reasonable good faith efforts to resolve the dispute by negotiation with us.