NSMC Practice Terms of Use

Practice Terms of Use


INTRODUCTION

This website (referred to in these user terms as the Website) is owned and operated by NSMC Practice Pty Ltd ACN 657 494 865 (“NSMC Practice”), who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms. “You”, “your” and other similar grammatical forms refers to any person who may use the Website from time to time.

The material on the Website is copyright © NSMC Practice Pty Ltd ACN 657 494 865.

NSMC Practice offers secure cloud-based services (Services) that allow the safe collection, storage and disclosure of individuals’ personal information (which includes health information) in order to:

  • Streamline and automate the billing of patients for medical practitioners, including by facilitating payment of billings by third party payers (such as Medicare Australia, private health funds, or other regulatory payers);
  • Provide patient users a secure platform to pay any gap fees incurred from medical services provided by their practitioners; and
  • Provide its users with statistical analysis of invoices, billings and practices, including with respect to the individual patients of medical practitioners we support.

Clients and Patients may use the Website (Platform) in accordance with these Terms of Use.

For the purposes of these Terms of Use, the following meanings apply:

‘Clients’ means any person or entity who engages us to provide them with Services.

‘GST’ has the same meaning as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

‘Patients’ means any patient of a Client who has received, or is considering or planning to receive, medical services from a Client and whose information may be stored on NSMC Practice’s servers.

‘Services’ has the meaning set out above. 

‘Services Fee’ means the fees paid by the Clients to us in consideration for our provision of the Services, as advertised and notified on our Platform from time to time.

The Platform is available for Clients and Patients to:

  1. Access and use, conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access and/or use the Platform, you are agreeing to these Terms of Use; and
  2. Upload material or information conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide upload material or information to the Platform you are agreeing to these Terms of Use.

When you accept the Terms of Use on behalf of an employer, end user, or institution, you represent and warrant that you are authorised to do so by such entity by which you are employed or retained and for whose benefit you are using the Services. References herein to “you” and “your” shall mean “you and/or your employer, end user and your institution.”

In the interpretation of these Terms of Use, the following provisions apply unless the context otherwise requires:

  1. the singular includes the plural and vice versa;
  2. a reference to any legislation includes any statutory modification or re-enactment of, and any subordinate legislation issued under, that legislation or legislative provision;
  3. a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
  4. a reference to any gender includes all genders;
  5. a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to the Terms of Use;
  6. a reference to any party to the Terms of Use or any other document or arrangement includes that party’s executors, administrators, substitutes, successors, and permitted assigns;
  7. a reference to dollars or $ means the lawful currency of Australia;
  8. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and headings are for ease of reference only and do not affect interpretation;
  9. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of the Terms of Use, or any part of it; and
  10. unless expressly stated to be otherwise, the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar inclusive expressions.

PART A: General terms of access to and use of the Platform (Terms of Access) applicable to both Clients and Patients

  1. Use of the Platform

(a) Subject to PART B below, you may not use the Platform (or the material contained on it) for any illegal purpose. This includes:

(i) the reproduction of the material in any material form;
(ii) the distribution of the material in any material form;
(iii) re-transmission of the material by any medium of communication;
(iv) uploading or reposting the material to any other site on the internet; and
(v) “framing” the material on the Platform with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

(b) Despite the above restrictions on use of the material on the Platform, and subject to your continued compliance with these Terms of Use (and in consideration of your payment of our fees), we grant you a limited non-exclusive, non-transferable, non-sublicenceable, revocable right to access and use the Services (including access to certain content available on the Platform (“Content”) solely in accordance with the terms set out in the Terms of Use.

(c) You may download material from the Platform for your use provided you do not remove any copyright and trademark notices contained on the material.

(d) You may not modify or copy:

(i) the layout of the Platform; or
(ii) any computer software and code contained in the Platform.

(e) You may only use the Services in accordance with the Terms of Use, any directions given by us (acting reasonably), and with all local and foreign laws and regulations applicable to you, and for lawful purposes.

(f) You must not, nor cause or permit any other person to:

(i) use the Services in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s rights (including intellectual property rights or privacy rights), violates these Terms of Use, or which restricts or interferes with the provision of the Services by us to any other user;
(ii) alter, modify, adapt or copy the whole or any part of the Services;
(iii) reproduce, duplicate, sell, exploit, decompile, dissemble, reverse engineer, enhance, alter or otherwise interfere with the whole or any part of the Services;
(iv) remove or obscure any copyright, trademark or other proprietary notice on the Services;
(v) enter into any transaction relating to access or use of the Services with a party other than us, without our prior written consent;
(vi) use any part of the Services or the Platform to aid any person or entity that conducts business which is the same or substantially similar to our business (being the business of providing billing and administrative services to medical practitioners);
(vii) attempt to disable or circumvent any security or other technological measure designed to protect the Services or users;
(viii) attempt to gain unauthorised access to the Services, computer systems or networks connected to the Services, through hacking, password mining or any other means; or
(ix) use the Services for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature or use any mechanism, device, software or script to affect the proper functioning of the Services.

(g) At all times you must:

(i) be honest and faithful in all your dealings;
(ii) not engage in any unsound, unethical or improper business;
(iii) provide full and correct information to us, and provide truthful explanations to us, in all matters relating to the Terms of Use;
(iv) ensure at all times that your conduct does not bring any discredit on us or cause any nuisance or disruption to us or our employers;
(v) immediately notify us if you become aware of any malfunction of the Service or any breach of the Terms of Use.

Registration

(a) In order for us to provide certain functions of the Services, you must complete your registration details as described on the Services and agree to these Terms of Use.

(b) At the time of registration, you must nominate an email address and password.

(c) You agree to:

(i) keep your password confidential and not disclose it to any other person;
(ii) ensure that your registration details are true and correct at all times and must notify us of any change to your registration details as originally supplied; and
(iii) immediately notify us of any unauthorised use of your account, your password or any other breach of security.

(d) You are solely responsible for selecting and providing access to authorised users under your account and for any use of the Services by your account (even by unauthorised users).

(e) You will select, supervise, monitor and train the authorised users who use the Services to ensure the proper use of the Services, compliance with the Terms of Use, and the security of the information maintained in the Services.

(f) You acknowledge and agree that we are not responsible for the selection, supervision, monitoring or training of your authorised users. You are responsible for terminating access to the Services for individuals who are no longer authorised to use the Services in connection with your account.

 

  1. Links to other websites

(a) The Platform contains links to sites on the internet owned and operated by third parties and which are not under our control.

(b) In relation to the other sites on the internet, which are linked on the Platform, we:

(i) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(ii) are not responsible for the material contained on those linked sites.

  1. Tax

(a) Unless otherwise provided in the Terms of Use or in a separate agreement executed by you and us, the Services Fee and other fees we charge do not include any taxes or duties (including, without limitation, sales, use, value- added, and withholding taxes and duties) and related fees, and you are responsible for paying all taxes, duties, and related fees arising from your purchases hereunder, excluding taxes based on our net income, employees, or property. If we have the legal obligation to pay or collect taxes, duties, or related fees for which you are responsible, the appropriate amount of such taxes, duties, and related fees shall be invoiced to and paid by you, unless you provide a valid tax exemption certificate authorised by the appropriate taxing authority.

(b) If you are in Australia, all consideration provided for any taxable goods or services supplied under the Terms of Use is exclusive of GST unless the contrary is expressly stated by us in writing. You will be responsible for paying any and all GST. The amount of that consideration must be increased by an additional amount equal to the GST on that taxable supply. The party who has to pay the additional amount must pay it at the same time as the consideration in respect of that taxable supply that becomes due.

(c) If GST is imposed on any supply made under these Terms of Use and the consideration payable or to be provided for the supply under any other clause in this Agreement is not expressed to be inclusive of GST, the recipient must pay to the supplier an amount on account of GST in addition to that GST exclusive consideration.

(d) The additional amount on account of GST referred to in clause 4(c) above:

(i) is equal to the value of the GST exclusive consideration payable or to be provided for the relevant supply (without deduction or set-off) multiplied by the prevailing GST rate; and
(ii) must be paid by the recipient to the supplier when the supplier issues a Tax Invoice to the recipient.

(e) If at any time an adjustment is made or required to be made between a party and the relevant taxing authority on account of any amount paid as GST under these Terms of Use:

(i) a corresponding adjustment must be made;
(ii) adjustment notes must be issued; and
(iii) any payment must be made between you and us as may be necessary to give effect to the adjustment.

 

  1. Disclaimers and limitations of liability

(a) We are an agent in the relationship between you and other users, and any information we make available to you (including any Patient-submitted information) is provided by third parties and does not originate from us. We do not independently verify the information provided by third parties, including information provided by any Individual User, and pass on information to you (including any details about the Patients) with no representation or warranty regarding the accuracy, truthfulness, usefulness, reliability or integrity of any information that has not expressly originated from us.

(b) With respect to the information contained on the Platform or linked sites on the internet, we:

(i) are making the Platform available without assuming a duty of care to users; and
(ii) are not in the business of providing professional advice,

and therefore, to the fullest extent permitted by law, we disclaim any and all warranties, guarantees or representations (either express or implied) about:

(iii) the accuracy, reliability, completeness, usefulness, timeliness or otherwise of any information contained or referred to on the Platform or of any linked sites; and
(iv) the merchantability or fitness for any particular purpose for any service or product of any information contained or referred to on the Platform or on any linked sites.

(v) We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

    1. acting, or failing to act, on any information contained on or referred to on the Platform or any of the linked websites; and
    2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Platform or any linked sites.

(vi) We do not warrant, guarantee or make any representation that:

    1. the Platform, or the server that makes the Platform available on the internet are free of software viruses;
    2. the functions contained in any software contained on the Platform will operate uninterrupted or are error-free; and
    3. errors and defects in the Platform will be corrected,

and you must make your own precautions to ensure that the process which you use for accessing the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

(c) We are not liable to you for:

(i) errors or omissions in the Platform, or linked sites on the internet;
(ii) delays to, interruptions of or cessation of the services provided in the Platform or linked sites;
(iii) any interference or damage to your own computer system which arises in connection with your use of the Services, the Platform, or linked sites; and
(iv) defamatory, offensive or illegal conduct of any user of the Platform,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

(d) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Platform.

(e) Where the Content provided by others contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

(f) You are responsible for all activities that occur under your account on the Services, and you are liable for the acts, defaults, and omissions of any person who accesses your account on the Services, as if they were acts, defaults, or omissions by you.

(g) Whilst we will undertake reasonable efforts to protect the information which we transmit and receive in accordance with our Privacy Policy, we do not warrant the security of any information which you transmit to us, and you are responsible for ensuring you have retained appropriate backups of any Content which you may provide to us.

(h) Our sole liability for breach of any terms, conditions and warranties in jurisdictions where such terms, conditions and warranties are implied and required by law, where the breach relates to the supply of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and where it is fair and reasonable to do so, is limited at our option to one or more of the following:

(i) the supplying of the Services again; or
(ii) the payment of the cost of having the Services supplied again.

(i) To the fullest extent permitted by law and except as otherwise expressly stated in these Terms of Use, our liability to you for any reason (including any breach of, or omission under, these Terms of Use) is limited in aggregate to the amount of the Service Fee paid to us by you in respect of that calendar month.

(j) To the fullest extent permitted by law we are not liable for any direct, indirect, incidental, special and/or consequential damage, loss, claim, expense or loss of profits, economic loss, business interruption, loss of goodwill, loss of profits, loss of savings on overheads or any loss of data which result from any use or access, or any inability to use or access, or misuse by you or any other party, of the Services or otherwise in connection with any content, even if we have been advised of the possibility of such damages or loss.

(k) Nothing in these Terms of Use is intended to exclude or limit any condition, warranty, right, or liability in a manner that is not permissible under applicable law. In some circumstances, some jurisdictions may not permit the exclusion of certain warranties or conditions, the exclusion of incidental or consequential damages, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms. Accordingly, only the above limitations which are lawful in the applicable jurisdiction in which you may use the Services. With respect to any limitations which are not lawful as stated, our liability will be limited to the maximum extent permitted by applicable law.

(l) Subject to this clause 5, our liability for loss or damage to you will be reduced proportionately to the extent that:

(iii) such loss or damage has been caused by your failure to comply with your obligations and responsibilities under these Terms of Use; or
(iv) your actions or omissions have contributed to such loss or damage,
regardless of whether a claim is made by the other party.

  1. Termination of access

(a) Your agreement with us commences on the date you successfully register on the Platform or commence using our Services, and remains in force until terminated in accordance with this Terms of Use.

(b) We will use reasonable efforts to make the Services accessible 24 hours a day, seven days a week or as otherwise stated on the Services from time to time, but we do not guarantee such availability.

(c) We reserve the right from time to time to immediately alter, interrupt, suspend, or terminate your right to access the whole or any part of the Services (including your access to our Platform) at any time in our sole discretion and without giving any explanation, justification or notice for the termination of access.

(d) Without limiting our rights under clause 6(c) above, we may also immediately terminate your right to access the whole or any part of the Services (including your access to our Platform) without any notice to you if you are in breach of these Terms of Use at any time.

(e) On termination, you must immediately pay any and all outstanding invoices or any charges or fees incurred as a result of your access and use of the Service before the date of termination.

(f) You agree that we will not be liable for any costs, losses or damages of any kind that may arise from any such interruption, suspension, termination or alteration pursuant to this clause.

(g) Termination does not affect any accrued rights or liabilities of either you or us, nor does it affect any provision which is expressly or by implication intended to operate after termination.

  1. Alteration of Terms of Access

(a) We reserve the right to change these Terms of Access:

(i) with or without further notice to you; and
(ii) without giving you any explanation or justification for such change.

(b) Amendments will be effective immediately upon notification on the Website. Your continued use of the Website will represent an agreement by you to be bound by the Terms of Use as amended.

8. Use and disclosure of personal information

(a) We and any people or legal entities authorised by us may collect and process the personal information:

(i) which you may provide when accessing the Platform, such as your name, address, e-mail address and other personal information about you; and
(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of cookies delivered to your computer when you access our Website.

(b) We may authorise others to offer you goods and services using the information acquired, as described in clause 8(a).

(c) We will comply with the Australian privacy legislation with respect to our collection, storage, use and disclosure of your personal information. Please refer to our full privacy policy for details of how we collect, store, use and disclose your personal information.

(d) You will at all times indemnify and keep indemnified us and our respective clients, officers, employees, contractors, agents and practitioners who we support (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

(i) your use of the Services (including but not limited to your access and use of the Platform and the Content);
(ii) any breach of these Terms of Use by you; and
(iii)our collection, use, publication or distribution of the material or information supplied by you from time to time.

  1. Intellectual property rights

(a) We reserve all intellectual property rights, including, but not limited to, copyright in the Content, the Platform, and any material or services provided by it. The Content is provided to you in accordance with the licence set out under clause 1(b) above only and may not be:

(i) re-sold or re-distributed in any material form;
(ii) stored in any storage media; or
(iii) re-transmitted in any media,
without our prior written consent.

(b) We reserve the right to modify, vary, correct, alter, remove or delete any part or all of the Platform or the Content, at any time in our sole discretion and without any notice to you. We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly as a consequence of removing any material or information from the Platform.

(c)All logos, icons, brand names or service names that identify the owner and operator of the Platform are our copyright property or our trade marks or service marks. All other trade marks or service marks on the Platform or any linked websites are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on the Platform. Any unauthorised use of the materials appearing on the Platform may violatecopyright, trade mark and other property rights or legal protections and could result in criminal and/or civil penalties.

(d) Other than for the purposes of, and subject to the conditions prescribed under applicable copyright laws which apply in your location, and except as expressly authorised by the Terms of Use, you may not in any form or by any means without our prior written approval:

(i) adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of the Services; or
(ii) commercialise any Content, goods or services obtained from any part of the Services.

(e) You guarantee and warrant that you hold all intellectual property rights in the Content which you upload to the Platform and/or have obtained any relevant consents which may be required under applicable privacy legislation for the use and disclosure of such information (and you indemnify us from any damages, costs, losses or liabilities which may arise from our use of the Content). By submitting any information or other material to us (including inputting data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

(i) for the purpose of complying with our obligations under, and to permit you to comply with all of your obligations under, the Terms of Use;
(ii) use, copy, sublicence, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(iii) sublicence to any third parties the unrestricted right to exercise any of the rights granted in paragraph (ii), provided that, where such use is not for the purpose of complying with these Terms of Use, all personal and sensitive information will be removed from the information and materials before such information and/or materials is made available to any other person.

(f) The licence in the previous clause includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.

(g) You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that information or other material. This includes consent to change the information or other material even if the change amounts to a “derogatory treatment” of the information or other material as that term is defined in Division 4 of Part 9 of the Copyright Act 1968 (Cth).

(h) At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this grant of licence and consent.

(i) You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any information or materials that you wish to preserve. We are not responsible for unauthorised access to, use of or alteration of your information.

(j) To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any information or materials you upload to or through the Platform. You expressly release us and our agents, partners, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to your posting of information or materials.

  1. Relevant jurisdiction

(a) If any part of these Terms of Access is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) These Terms of Access will be governed by and interpreted in accordance with the law of Queensland, without giving effect to any principles of conflicts of laws.

(c) You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms of Access.

PART B: Additional terms of use for Clients (Terms of Use)

  1. Payment and Fees

(a) When you purchase the Services from us, you agree to the following invoicing and payment terms set out in this Part B of these Terms of Use.

(b) By using our Services, you agree to pay the Services Fees. You appoint us as your agent (and we accept such appointment) to:

(i) issue invoices on your behalf and as instructed by you in respect of the medical services in relation to which you have requested we provide the Services;
(ii) direct into a nominated bank account which is under your control the payment of such invoices;
(iii) issue receipts in your name in respect of those invoices;
(iv) issue invoices to you, for our Services Fees, which you agree to pay within a reasonable time after receipt; and
(v) issue you with a tax invoice for the Services Fees plus GST for the period since the last tax invoice.

(c) You agree to complete, sign and give to us all forms, documents, or other approvals necessary for us to provide you with the Services.

(d) You agree that you are liable for (and indemnify us against) any repayments, claims, losses, or other damages which may arise as a result of monies received under clause (b) above, including (but not limited to) any liabilities, losses, costs or expenses which we may incur in connection with any claims brought against us by a regulator, tribunal or government department (including under the Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Act 2018 (Cth).

(e) We reserve the right to update, amend, add, remove or replace available pricing plans, terminology and functionality in the NSMC Practice system.

(f) If you fail to pay us any amount payable under the Terms of Use when due, then:

(i) all money you owe us becomes immediately payable;
(ii) we may suspend providing the Services to you, and may charge a reactivation fee for the suspended Services;
(iii) you must pay, in addition to the amount outstanding, interest at the rate equal to the cash rate target published by the Reserve Bank of Australia, plus a margin of 5% per annum or the highest amount permitted by applicable law on the amount outstanding for each day during which the default continues; and
(iv) you must pay all reasonable expenses incurred by us in enforcing the Terms of Use, including, but not limited to, all expenses of any legal proceeding and all reasonable attorneys’ fees incurred in connection with such action.

Disclaimer:

This Disclaimer is to be read in conjunction with our Terms of Use and Privacy Policy. If you continue to browse and use this Website you are agreeing to comply with, and be bound by the following disclaimer, together with our Terms of Use and Privacy Policy.

The information contained in this Website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

Medical Information

The material and content on this Website is for general information and educational purposes only. Whilst we have exercised due care in ensuring the accuracy of the content contained on this Website, the information is not specific and does not take into account your personal circumstances.

You understand and acknowledge that you are responsible for your own medical care, treatment and oversight. The content on the Website does not constitute the provision of medical advice and is not intended to be a substitute for professional medical advice, diagnosis or treatment.

Nothing contained in this Website is intended to be used or treated as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any disease or medical condition nor should it be used for therapeutic purposes or as a substitute for your own health professional’s advice. The content is intended to provide guidance and assistance for some symptoms that may be experienced from time to time pursuant to a procedure but the information is indicative only and not meant as a comprehensive list for all or any particular patient or individual.

Given that medical information is constantly changing, the information on this website or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Whilst we endeavour to update the content, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information and any content is therefore strictly at your own risk. You need to make your own enquiries to determine if the information is appropriate for your intended use and suitable to your particular condition. Before relying on any content, you should obtain your own professional medical advice to ensure it is relevant to your specific circumstances.

In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, which may result of any use or reliance on the content provided on or use of this Website.

If you have any queries or concerns about our disclaimer or any of the information on the Website, please contact us at: reception@nsmc.au

Privacy policy:

NSMC Practice Pty Ltd ACN 657 494 865 trading as NSMC Practice (“NSMC Practice”) commitment to privacy

NSMC Practice is committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and in accordance with other applicable privacy laws.

This document sets out our policies for managing your personal information and is referred to as our privacy policy.

In this privacy policy, “we” and “us” refers to NSMC Practice and its related companies and “you” refers to any individual about whom we collect personal information.

About NSMC Practice

NSMC Practice is a private company registered in Australia.

NSMC Practice offers secure cloud-based services (“the Services”) that allow the safe collection, storage and disclosure of individuals’ health information.

What information does NSMC Practice collect about you?

(a) Employer and employee users and prospective employer and employee users

When you enquire about the Services or when you become a client or a user of NSMC Practice, a record is made which may include your personal information.

The type of personal information that we collect will vary depending on the circumstances of collection and the kind of service that you request from us, but will typically include:

(i) your name, e-mail, postal address and other contact details;
(ii) information about your employer or an organisation who you represent;
(iii) your professional details; and
(iv) any additional personal information you provide to us, or authorise us to collect, as part of your interaction with NSMC Practice.

(b) Prospective employees or applicants

We collect personal information when recruiting personnel, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you.

We may also collect personal information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may collect additional details such as your tax file number and superannuation information and other information necessary to conduct background checks to determine your suitability for certain positions (for example, positions which involve working with children).

(c) Other individuals

NSMC Practice may collect personal information about other individuals who are not clients of NSMC Practice. This includes members of the public who participate in events we are involved with, individual service providers and contractors to NSMC Practice, and other individuals who interact with NSMC Practice on a commercial basis. The kinds of personal information we collect will depend on the capacity in which you are dealing with NSMC Practice. Generally, it would include names, contact details and information regarding our interactions and transactions with you.

If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which identify you.

In limited circumstances, NSMC Practice may collect information which is considered sensitive information. For example, if you are injured at an event promoted or delivered by NSMC Practice we may collect health information about you in an emergency or otherwise with your consent.

We may collect personal information about children (for example, when children participate in events we are involved with). Where children do not have sufficient maturity and understanding to make decisions about their personal information, we will require their parents or guardians to make decisions on their behalf.

You can always decline to give NSMC Practice any personal information we request, but that may mean we cannot provide you with some or all of the services you have requested. If you have any concerns about personal information we have requested, please let us know.

(d) Users of our website

The way in which we handle the personal information of users of our website is discussed below.

How and why does NSMC Practice collect and use your personal information?

NSMC Practice collects all personal information reasonably necessary to carry out the Services. This includes but is not limited to the collection of sensitive information being health information of individuals.

We may also collect information to fulfil administrative functions associated with the Services, for example billing, entering into contracts with you or third parties and managing client relationships.

The purposes for which NSMC Practice collects and uses personal information depends on the nature of your interaction with us, but may include:

(i) providing the Services;
(ii) responding to requests for information and other general enquiries;
(iii) managing, planning, advertising and administering programs, events, competitions and performances;
(iv) researching, developing and expanding our facilities and services;
(v) informing you of our activities, events, facilities and services;
(vi) recruitment processes (including for volunteers, internships and work experience); and/or
(vii) responding to enquires and complaints

NSMC Practice generally collects personal information directly from you, or from a third party after receiving your express prior consent by way of a collection notice.

We may collect and update your personal information over the phone, by email, over the internet or social media, or in person.

NSMC Practice also collects and uses personal information for market research purposes and to innovate our delivery of products and services.

How does NSMC Practice interact with you via the internet?

You may visit our website without identifying yourself. If you identify yourself (for example, by providing your contact details in an enquiry), any personal information you provide to NSMC Practice will be managed in accordance with this privacy policy.

NSMC Practice's website uses cookies. A “cookie” is a small file stored on your computer's browser, which assists in managing customised settings of the website and delivering content. We collect certain information such as your device type, browser type, IP address, pages you have accessed on our website and on third-party websites. You are not identifiable from such information.

You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our website.

NSMC Practice's website may contain links to third-party websites. NSMC Practice is not responsible for the content or privacy practices of websites that are linked to our website.

Can you deal with NSMC Practice anonymously?

NSMC Practice will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for NSMC Practice to deal with individuals anonymously or pseudonymously on an ongoing basis. If we do not collect personal information about you, you may be unable to utilise our services or participate in our events, programs or activities we manage or deliver.

How does NSMC Practice hold information?

NSMC Practice stores information in paper-based files or other electronic record keeping methods in secure databases (including trusted third-party storage providers based in Australia and overseas). Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.

NSMC Practice maintains physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security, for example, we use firewalls (security measures for the internet) and other security systems such as user identifiers and passwords to control access to our computer systems.

Our website uses encryption technologies to ensure the secure transmission of information via the internet.

We take steps to destroy or de-identify information that we no longer require.

Does NSMC Practice use or disclose your personal information for direct marketing?

NSMC Practice may use or disclose your personal information for the purpose of informing you about our services, upcoming promotions and events or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below.

If you opt-out of receiving marketing material from us, NSMC Practice may still contact you in relation to its ongoing relationship with you.

How does NSMC Practice use and disclose personal information?

(a) Individuals’ personal health information

If you are an individual whose personal health information has been uploaded to the NSMC Practice database (whether by themselves or by an employer with the individual’s express informed consent) for the purpose of NSMC Practice providing the Services, NSMC Practice will:

(i) permit authorised clients of NSMC Practice and their staff (“clients”) to search the NSMC Practice database to ascertain if the individual has an existing record in the database or not;
(ii) if the individual has an existing record in the database, (and unless the individual has already given their express informed consent to the release of their information in the database to clients) require clients to request that NSMC Practice contact the individual via email to obtain their express informed consent to the release of their information in the database to the client; and
(iii) if the individual’s express informed consent is obtained, release their information to that client and/or their staff.

(b) Clients, users and participants

 If you are a client, a user of our website or a participant in an event, we may use and disclose your personal information where this is reasonably necessary for, and relevant to, the delivery of the Service or event. We may use images or audio-visual recordings which identify you for promotional purposes where you would reasonably expect this to occur.

(c) Contractors and other service providers

NSMC Practice may disclose information to third parties we engage in order to provide our services, including contractors and service providers used for data processing, data analysis, customer satisfaction surveys, information technology services and support, website maintenance/development, printing, archiving, mail-outs and market research.

Personal information may also be shared between related and affiliated companies of NSMC Practice, located in Australia and overseas.

Third parties to whom we have disclosed your personal information may contact you directly to let you know they have collected your personal information and to give you information about their privacy policies.

(d) Administration and management

NSMC Practice will also use and disclose personal information for a range of administrative, management and operational purposes. This includes:

(i) administering billing and payments and debt recovery;
(ii) planning, managing, monitoring and evaluating our services;
(iii) quality improvement activities;
(iv) statistical analysis and reporting;
(v) training staff, contractors and other workers;
(vi) risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);
(vii) responding to enquiries and complaints regarding our services;
(viii) obtaining advice from consultants and other professional advisers; and
(ix) responding to subpoenas and other legal orders and obligations.

(e) Other uses and disclosures

 We may use and disclose your personal information for other purposes explained at the time of collection or otherwise as set out in this privacy policy.

Does NSMC Practice disclose your personal information overseas?

Not at the moment but it may be that in the future that your personal information will be disclosed to overseas recipients such as offshore cloud storage providers. Currently all data collected is stored on servers that are located in Australia.

Unless we have your consent, or an exception under the Australian Privacy Principles applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.

How can you access or seek correction of your personal information?

You are entitled to access your personal information held by NSMC Practice on request. To request access to your personal information please contact our privacy officer using the contact details set out below.

You will not be charged for making a request to access your personal information but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.

However, if you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.

We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.

What should you do if you have a complaint about the handling of your personal information?

You may contact NSMC Practice at any time if you have any questions or concerns about this privacy policy or about the way in which your personal information has been handled.

You may make a complaint about privacy to the privacy officer at the contact details set out below.

The privacy officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.

If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, or you consider that NSMC Practice may have breached the Australian Privacy Principles or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.

How changes are made to this privacy policy?

NSMC Practice may amend this privacy policy from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.

How can you contact NSMC Practice?

The contact details for NSMC Practice are:

NSMC Practice Privacy Officer: name and position

reception@nsmc.au

07 3521 4333

This privacy policy was last updated on 23 May 2023.

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