1. Introduction

Dociva is a service provided by Dociva Pty Ltd (“we”, “us”, or “our”). Dociva Pty Ltd operates the Dociva website, platform and related services.

These Terms of Service (“Terms”) govern your access to and use of the Dociva website located at dociva.com.au, the Dociva platform, and any services made available through Dociva from time to time (“Service” or “Platform”).

Our Privacy Policy also governs your use of the Service and explains how we collect, use, store and disclose personal information and health information.

Your agreement with us includes these Terms, our Fair Use Policy and our Privacy Policy (“Agreements”). By accessing or using the Service, you acknowledge that you have read, understood and agree to be bound by these Agreements.

If you do not agree with these Terms, you must not access or use the Service. If you have any questions, please contact us.

Dociva is not an emergency service. If you have chest pain, severe breathing difficulty, signs of a stroke, heavy bleeding, collapse, seizure, sudden swelling of the lips, mouth, throat or tongue, thoughts of self-harm, or any symptom that feels serious or life-threatening, call 000 immediately or attend the nearest emergency department.

2. Nature of Services

Dociva operates a digital healthcare and telehealth platform that enables eligible users in Australia to request access to medical practitioner assessment and related clinical services, including medical certificate assessments, telehealth consultations, prescription requests, referral requests and other services made available through the Platform from time to time.

Dociva is not an emergency service and does not provide hospital, ambulance, urgent care, crisis support or in-person medical services.

Medical practitioners providing services through the Platform exercise independent clinical judgement. Dociva does not direct, control, require, pressure or guarantee any clinical outcome, including the issuing of a medical certificate, prescription, referral, pathology request, imaging request or other clinical document.

The service you purchase is access to a medical practitioner assessment, review, consultation or other clinical service. It is not a guaranteed medical certificate, prescription, referral or other requested outcome.

Some services, including online consultations, prescriptions, referrals or other healthcare services, may only be available where expressly made available by Dociva.

3. Purchases

If you wish to purchase any service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your name, contact details, billing information, payment details and relevant health information.

You represent and warrant that:

• you have the legal right to use any card or payment method used in connection with a Purchase;
• the information you supply to us is true, correct, complete and up to date; and
• you are authorised to provide any information submitted through the Platform.

We may use third-party service providers to facilitate payment processing, communications, security, service delivery and operational support. By submitting your information, you acknowledge that relevant information may be provided to third parties as described in our Privacy Policy.

We reserve the right to refuse, suspend or cancel a Purchase or request at any time for reasons including but not limited to:

• service availability;
• medical practitioner availability;
• clinical suitability or patient safety concerns;
• errors in the description, availability or price of the service;
• incorrect, incomplete or inconsistent information;
• suspected fraud, misuse or unauthorised transaction; or
• any other reason permitted by law.

4. Fees and Payment

The applicable fees are displayed before checkout and must be paid in advance unless otherwise stated by Dociva.

All fees, charges and prices are listed in Australian dollars. GST treatment will be displayed or applied where required by law.

Fees are charged for access to the relevant assessment, review, consultation, platform service or other service requested. Fees are not charged for a guaranteed certificate, prescription, referral or other clinical outcome.

You are responsible for paying all applicable fees and charges associated with the service you request.

5. Subscription Memberships

Dociva may offer paid membership subscriptions (“Memberships” or “Subscriptions”) that provide access to specified Services and benefits during an active subscription period. Memberships are governed by these Terms, our Fair Use Policy and the plan information disclosed before purchase.

Plans, Pricing and Eligibility

The applicable subscription price, billing frequency, included Services, assessment allowance, benefits, eligibility rules and exclusions will be displayed on the relevant Membership page and before checkout. All subscription fees are charged in Australian dollars and include GST where applicable.

Only the Services and benefits expressly stated as included in your selected Membership are covered by its subscription fee. Unless expressly stated otherwise in the plan description, Memberships do not include multi-day medical certificate assessments, general telehealth consultations, prescriptions, referrals, physical hard copies, postal delivery or other separately priced Services.

Bronze Membership:

Where offered, Bronze Membership includes up to three (3) eligible single-day medical certificate assessments per monthly billing cycle and Priority Processing for those eligible requests at no additional charge. The specific categories of single-day assessment covered by Bronze are those expressly identified as eligible in the plan description at the time of purchase.

Each included assessment is a request for independent medical practitioner review, not an entitlement to an approved or issued medical certificate. A practitioner may approve, decline, limit, defer or request further information or phone or video contact where clinically appropriate. Payment of a subscription fee does not guarantee any clinical outcome.

Allowances and Billing Cycles

Each Membership allowance applies only to its applicable billing cycle. One available assessment allowance is reserved when an eligible request is submitted. That allowance is used once a medical practitioner commences reviewing the request, including if the practitioner later declines the request, requests further assessment or determines that a certificate is not clinically appropriate.

If an eligible request is cancelled before medical practitioner review has commenced, and no relevant clinical assessment has been supplied, the reserved allowance will ordinarily be restored. Any refund, re-supply or other remedy required by applicable law remains available.

An eligible request submitted while the Membership is active may continue to be assessed after the billing cycle ends without consuming an additional allowance solely because the review occurs later.

Unused allowances expire at the end of the relevant billing cycle. They do not roll over, accumulate, transfer to another person or account, or convert into cash. No refund is payable solely because an allowance was not used, except where required by law.

Requests exceeding the applicable allowance, or for Services not included in the selected plan, are separate purchases subject to the prices and terms disclosed before checkout.

Included Priority Processing

Where Priority Processing is a Membership benefit, it applies only to eligible requests included in that Membership and is provided without an additional Priority Processing charge for those requests. Section 7 explains what Priority Processing means. It does not guarantee immediate review, a particular timeframe, practitioner availability or any specific clinical outcome.

Recurring Payments and Automatic Renewal

By subscribing, you authorise Dociva and its payment provider to charge the applicable Membership fee to your chosen payment method when the Subscription starts and automatically on each subsequent renewal date until the Subscription is cancelled or otherwise terminated. The recurring price, billing frequency and automatic renewal arrangements will be disclosed before you confirm payment.

Subscription fees are payable in advance for each billing cycle. Your account or subscription management facility will provide access to your current plan and next scheduled renewal date. Renewal dates may differ between calendar months depending on when your Subscription begins and the billing arrangements disclosed at checkout.

If a payment fails, Dociva may notify you, request an updated payment method and attempt to collect the outstanding payment through the payment provider in accordance with the billing arrangements disclosed to you. We may suspend new Membership benefits while payment remains outstanding, but a valid request already submitted under a paid billing cycle will not lose its entitlement solely because a later renewal payment fails.

Cancellation

You may cancel your Subscription at any time using the subscription management facility made available through your account, or by contacting Dociva Support. There is no minimum subscription commitment or cancellation penalty for monthly Bronze Membership unless another arrangement has been expressly disclosed and accepted before purchase.

Cancellation stops future automatic renewals. If you cancel before your next renewal is processed, you will not be charged for that next billing cycle. Unless we confirm otherwise or applicable law requires a different result, your existing Membership benefits continue until the end of the billing cycle already paid for, and unused allowances then expire.

Cancelling a Subscription does not by itself cancel a valid clinical request submitted during the paid Membership period. You may separately request cancellation of an individual assessment, subject to the applicable service and refund provisions.

Subscription Refunds

Membership fees are generally not refundable merely because you change your mind, cancel during a paid billing cycle or do not use all of your included benefits. Cancellation does not automatically entitle you to a pro-rata refund for the unused part of a billing cycle.

Nothing in these Terms limits your rights to a refund, re-supply, compensation or other remedy under the Australian Consumer Law or other applicable law, including where the Services do not meet applicable consumer guarantees. Dociva may also provide a discretionary refund or credit where appropriate.

Personal Use and Fair Use

Memberships are personal to the registered account holder and must not be shared, transferred, resold or used to request healthcare assessments for another person. Each request must relate to a genuine healthcare need and comply with our Fair Use Policy.

Using the full number of assessments included in your Membership does not, by itself, breach our Fair Use Policy. Dociva may investigate suspected misuse and take proportionate action in accordance with Section 27 and applicable law, including any required refund or other remedy.

Changes to Memberships

Dociva may offer additional plans or propose changes to Membership prices, benefits, allowances or conditions. We will give reasonable advance notice of material changes affecting existing paying members, ordinarily at least 30 days, explaining the proposed change and when it will take effect. A change will not retrospectively reduce benefits already paid for.

If a proposed material change disadvantages you, you may cancel before it takes effect without a cancellation penalty. Where applicable law requires your express agreement, the change will not take effect for you without that agreement. Section 31 also applies to amendments to these Terms.

6. Refunds

For Subscriptions, the Membership allowance, cancellation and refund provisions in Section 5 also apply. Cancelling a Membership is different from cancelling an individual clinical assessment. An assessment supplied using a Membership allowance is counted under Section 5 rather than being treated as a separate one-time purchase for refund purposes, without affecting your rights under applicable law.

Dociva provides access to independent medical practitioner assessment and telehealth services. We do not guarantee that a medical certificate, prescription, referral or other clinical outcome will be issued.

A fee is charged for the relevant clinical assessment, consultation, review, platform service or other service, not for a guaranteed medical certificate, prescription, referral or other outcome.

Before practitioner review has commenced: If you request cancellation before a medical practitioner has commenced reviewing your request, or before a booked consultation has commenced, Dociva may provide a refund, credit or rescheduling option, subject to these Terms and applicable law.

After practitioner review has commenced: Once a medical practitioner has commenced reviewing your request, consultation, assessment or other clinical service, the clinical service has been supplied or partially supplied. In this situation, a full refund will generally not be available unless required by law or approved by Dociva in its discretion.

If your application is declined by the doctor: If the reviewing medical practitioner declines your application after clinical review, Dociva may refund the remaining amount after deducting the medical practitioner service fee for the clinical work already supplied, together with any payment processing fees, administrative handling, platform services already supplied, third-party costs and other non-recoverable costs reasonably incurred by Dociva in connection with your request.

If your application is approved: If your application is approved and a certificate, prescription, referral, consultation outcome or other clinical document is issued, a refund will generally not be available unless required by law or approved by Dociva in its discretion.

If further assessment is required: If the doctor requests further information, phone contact or video contact before making a decision, you must be reasonably available using the contact details provided in your application. If you do not respond, are unavailable, provide incomplete information, or choose not to continue after the doctor has commenced review, a refund will generally not be available except where required by law or approved by Dociva in its discretion.

A refund will not be provided merely because a medical practitioner, exercising independent clinical judgement:

• declines to issue a medical certificate;
• limits the certificate period;
• requests further information;
• requires phone or video contact;
• defers the request;
• recommends an in-person assessment;
• escalates the matter to urgent, emergency or other care;
• declines to prescribe a medicine;
• declines to issue a referral; or
• determines that the requested outcome is not clinically appropriate.

Patients are also not eligible for a refund merely because:

• they entered incorrect, incomplete, outdated or misspelled information;
• they selected the wrong service;
• they requested the wrong date or misunderstood time zones;
• they changed their mind or no longer require the service after the service has commenced;
• they were unavailable for phone, video or follow-up contact where required by the medical practitioner;
• their employer, school, university, insurer or other third party does not accept a document issued following the service; or
• they expected a certificate with a backdated issue or assessment date, or expected a particular retrospective period to be guaranteed;

Employers, schools, universities, insurers and other third parties may have their own evidence requirements. If you believe this may apply to you, please confirm those requirements before purchasing a service from Dociva.

Any discretionary refund, partial refund, credit or goodwill adjustment does not mean that Dociva or a medical practitioner failed to provide the service with due care and skill.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

7. Processing Time

Applications are usually reviewed within an hour, depending on practitioner availability, application volume and whether further assessment is required.

The review process involves assessment by an Australian-registered medical practitioner. A medical practitioner may request further information, require phone or video contact, decline the request, limit the requested outcome, defer the request or recommend urgent, emergency or in-person care where clinically appropriate.

Processing times may fluctuate depending on demand, medical practitioner availability, clinical complexity, operational requirements and the information you provide.

If there are significant delays beyond the usual review period, we will attempt to notify you by email where reasonably practicable. You should check your email regularly for updates about your request.

Processing time estimates do not guarantee that a certificate, prescription, referral or other clinical outcome will be issued.

Priority Processing

Where offered, Dociva may provide an optional Priority Processing service for an additional fee, or as an included benefit of an eligible paid Membership as described in Section 5.

Priority Processing means that your request is given higher priority in Dociva's processing queue for review by an appropriate medical practitioner when one is available. It does not guarantee immediate review, review within a particular period, continuous medical practitioner availability, or any particular clinical outcome.

Actual review times may vary due to medical practitioner availability, application volume, clinical complexity, the need for further information or contact, technical or operational circumstances, and other factors relevant to providing the Service.

Priority Processing relates only to processing priority. It does not influence or override a medical practitioner's independent clinical judgement, clinical triage, patient safety requirements or Dociva's clinical governance processes. Dociva may prioritise or escalate other requests where reasonably necessary for clinical, safety or operational reasons.

Priority Processing is not an emergency or urgent medical service and should not be relied upon where urgent or emergency medical attention is required.

Hard Copy Delivery

Where available, Dociva may offer an optional physical hard copy of an issued medical certificate for an additional fee.

A hard copy can only be prepared and dispatched if a medical certificate is issued following clinical assessment. Purchasing a Hard Copy or Express Hard Copy option does not guarantee that a medical certificate will be issued and does not affect the independent clinical judgement of the reviewing medical practitioner.

Standard Hard Copy delivery means that Dociva will arrange for a physical copy of the issued medical certificate to be dispatched using the applicable standard delivery service.

Express Hard Copy delivery means that Dociva will arrange for the physical copy to be dispatched using an express or expedited delivery service where available. Express Hard Copy applies only to the physical delivery of the document and does not provide Priority Processing, faster medical practitioner review or faster clinical assessment unless Priority Processing has been separately purchased.

Any delivery timeframe displayed by Dociva is an estimate unless expressly stated otherwise and begins only after the medical certificate has been issued and the physical copy is ready for dispatch. Actual delivery times may vary due to the postal or delivery provider, destination, weekends, public holidays, weather, operational disruptions or other circumstances outside Dociva's reasonable control.

You are responsible for providing a complete and accurate delivery address. If an incorrect or incomplete address supplied by you results in the hard copy being returned, lost or requiring re-dispatch, additional printing or delivery charges may apply, subject to applicable law.

8. Use of the Platform

By accessing and using the Platform as a user, you represent and warrant that:

• you are at least 18 years of age;
• you are currently living in Australia and have an Australian residential address;
• you will be physically located in Australia each time you request or receive a Service;
• you have the legal right, authority and capacity to agree to and comply with these Terms;
• any information that you provide to Dociva or to a medical practitioner through the Platform will be accurate, complete and up to date;
• you will not omit information that may reasonably be relevant to the clinical assessment, including symptoms, medical history, current medicines, allergies, pregnancy status, mental health concerns or other relevant circumstances;
• you will be available for phone, video or other follow-up contact if requested by the medical practitioner or Dociva support team; and
• you will seek emergency, urgent, in-person or follow-up care where advised by a medical practitioner or where your symptoms require it.

9. Telehealth Suitability

Telehealth is not suitable for all health concerns. A medical practitioner may determine that your request is unsuitable for telehealth, that further information is required, that phone or video contact is required, or that you should seek in-person, urgent, emergency or other care.

For any Dociva service, the doctor may require phone or video contact before making a decision if they consider it clinically necessary.

You acknowledge that a medical practitioner may decline, limit, defer or escalate your request where clinically appropriate, including where the information provided is incomplete, inconsistent, clinically insufficient or raises patient safety concerns.

You must not use Dociva for medical emergencies, urgent symptoms, serious deterioration or circumstances where an in-person examination is required. If you are unsure whether your condition is urgent or serious, you should seek immediate medical advice from an appropriate healthcare provider or call emergency services on 000.

10. Medical Certificates

Dociva medical certificate requests are reviewed by Australian-registered medical practitioners. A certificate is only issued where the medical practitioner considers it clinically appropriate after assessment.

Submitting an application does not guarantee that a certificate will be issued.

Dociva does not backdate the issue or assessment date of medical certificates. However, where clinically appropriate, an Australian-registered medical practitioner may, at their discretion, certify that a period of illness or incapacity commenced before the date of assessment. For a Single-day Medical Certificate, the previous calendar day may be considered. For an ongoing condition submitted through the Multi-day Medical Certificate, a period commencing up to two calendar days before assessment may be considered. The certificate and requested dates are not guaranteed.

The application submission date does not determine the clinical assessment date, including where an application is reviewed on a later calendar day.

Where a medical certificate or other clinical document contains a non-clinical administrative, clerical or typographical error made by Dociva or the issuing medical practitioner, Dociva or the issuing medical practitioner may correct, amend or reissue it.

A correction, amendment or reissue does not, by itself, entitle the patient to a refund where the clinical service has otherwise been provided.

Errors from incorrect, incomplete, outdated or misspelled information supplied by the patient do not, by themselves, entitle the patient to correction, amendment or reissue, except where required by law.

Requests to change certificate dates, duration, clinical content or other substantive details after assessment may require a new clinical assessment and a new application and fee.

You should review any medical certificate or other clinical document promptly after receiving it and notify Dociva as soon as reasonably practicable if you identify an apparent administrative, clerical, typographical or other non-clinical error.

Employers, schools, universities and other organisations may have their own evidence requirements, so acceptance can vary depending on the organisation and circumstances.

You must not alter, falsify, misuse or misrepresent a medical certificate issued through Dociva.

11. Online Consultations

Online consultations, where available, may be suitable for certain non-emergency healthcare concerns. They are not suitable for every symptom, condition or circumstance.

An online consultation does not guarantee that a diagnosis, treatment plan, certificate, prescription, referral or other clinical outcome will be provided.

The medical practitioner may request further information, require phone or video contact, provide general advice, issue an appropriate clinical document where suitable, decline the request or recommend in-person or urgent care.

12. Prescription Requests

Prescription requests, where available, are subject to clinical review by an Australian-registered medical practitioner.

A prescription is not guaranteed and will only be provided where the medical practitioner considers it clinically appropriate and safe.

The medical practitioner may decline a prescription request, recommend an alternative treatment, request further information, require phone or video contact or advise you to seek in-person care.

Some medicines may not be suitable for online prescribing. Dociva may apply additional restrictions to certain medicines, repeat prescriptions, high-risk medicines or requests that require more detailed clinical review.

13. Referral Requests

Referral requests, where available, are subject to clinical review by an Australian-registered medical practitioner.

A referral is not guaranteed and will only be provided where the medical practitioner considers it clinically appropriate.

A referral does not guarantee that a specialist, clinic, imaging provider, pathology provider or other third party will accept the referral, provide an appointment, bulk bill the service or provide a particular outcome.

You are responsible for checking any fees, eligibility requirements, waiting times and acceptance criteria with the relevant third party provider.

14. Fair Use Policy

You agree to comply with the following fair use guidelines when using the Service:

• You will use the Service only for lawful purposes and in accordance with these Terms.
• You will not use the Service in a manner that could negatively impact the availability, suitability, legality or safety of the Service for other users.
• You acknowledge that you are not able to choose the medical practitioner who provides a Service to you.
• You agree that any clinical outcome provided through the Service is subject to the independent clinical discretion of the medical practitioner.
• You will not make excessive, abusive or unreasonable demands on the Service, medical practitioners or Dociva support team.
• You will not submit false, misleading, incomplete or fraudulent information.
• You will not request a medical certificate, prescription, referral or other clinical outcome where you know, or ought reasonably to know, that the request is false, misleading, unsafe or clinically inappropriate.

All users, including paid Membership subscribers, must comply with our Fair Use Policy. A Membership allowance is a maximum entitlement to eligible assessments, not an exemption from clinical suitability requirements or this Policy.

Where we reasonably determine that a user has materially breached these Terms or our Fair Use Policy, Dociva may take proportionate action, including restricting particular requests or suspending access when justified by patient safety, fraud prevention, security or service integrity, subject to applicable law.

15. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• in any way that violates any applicable law or regulation;
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• to transmit advertising, promotional material, junk mail, chain letters, spam or similar solicitation;
• to impersonate or attempt to impersonate Dociva, a Dociva employee, a medical practitioner, another user or any other person or entity;
• to request a Service for another person unless you are legally authorised to do so and the Service permits that request;
• to submit false, misleading, incomplete, fraudulent or clinically unsafe information;
• to obtain or attempt to obtain a medical certificate, prescription, referral or other clinical outcome by deception, omission, coercion or misuse of the Platform;
• to alter, falsify, misuse or misrepresent any document issued through Dociva;
• in any way that infringes upon the rights of others, is unlawful, threatening, fraudulent or harmful; or
• in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Additionally, you agree not to:

• use the Service in any manner that could disable, overburden, damage or impair the Service;
• use any robot, spider, scraper or other automated means to access the Service for any unauthorised purpose;
• use any manual process to monitor or copy material on the Service for any unauthorised purpose without our prior written consent;
• use any device, software or routine that interferes with the proper working of the Service;
• introduce viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Service, server, computer or database connected to the Service;
• attack the Service via a denial-of-service attack or distributed denial-of-service attack;
• attempt to bypass security controls, access controls or rate limits; or
• otherwise attempt to interfere with the proper working of the Service.

16. User Information and Clinical Accuracy

You are responsible for providing truthful, accurate, complete and up-to-date information when using Dociva.

Incomplete, incorrect, false or misleading information may result in your request being delayed, declined, cancelled or escalated to another care pathway.

You must not withhold relevant information from the medical practitioner, including information about symptoms, medical history, medicines, allergies, pregnancy, mental health, substance use, previous adverse reactions, recent medical reviews or other relevant clinical circumstances.

You acknowledge that the medical practitioner relies on the information you provide when deciding whether a requested clinical outcome is appropriate.

17. Account Verification and Access

To access and manage certain Services, including receiving communications, documents and other materials from Dociva and medical practitioners, you may be required to create an account using your personal email address and/or mobile number.

Dociva may also offer one-time Services that do not require an account. In such cases, you may still receive relevant communications and documents, but ongoing access and management of your records may not be available without an account.

If you create an account, you must:

• ensure that no unauthorised third party has access to your account;
• provide true, accurate, complete and up-to-date information when setting up your account;
• maintain the security, integrity and confidentiality of your email, mobile phone, account credentials and verification codes;
• not share your login details or verification codes with any other person; and
• notify Dociva immediately at support@dociva.com.au if you suspect any unauthorised access to your email, mobile phone, account or verification codes.

You are responsible for all activity that occurs through your account, except to the extent caused by Dociva's own act or omission.

Dociva may suspend, restrict or require re-verification of your account if we reasonably suspect unauthorised access, fraud, misuse, security risk, false information or breach of these Terms.

18. Communications

By using Dociva, you agree that we may contact you using the email address, mobile number or other contact details you provide for matters relating to your request, account, payment, clinical assessment, support, safety, legal compliance or service updates.

You are responsible for ensuring that your contact details are correct and that you check your email and phone for updates.

Email and SMS communications may not always be fully secure. You should take care when using shared devices, forwarding messages or storing documents containing personal or health information.

19. Privacy

Dociva handles personal information and health information in accordance with its Privacy Policy and applicable privacy obligations.

Information you provide may be used for clinical review, service delivery, payment processing, technical support, customer support, audit, compliance, safety, dispute handling, security and other purposes described in our Privacy Policy.

You must not provide another person's personal or health information unless you are authorised to do so.

20. Analytics and Cookies

We may use third-party service providers to monitor and analyse the use of our Service, improve website performance, support security and measure service effectiveness.

Cookies and similar technologies may be used as described in our Cookie Policy.

21. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Dociva Pty Ltd and its licensors, except for content provided by users.

The Service is protected by copyright, trademark and other laws of Australia and foreign countries.

Our trademarks, branding, content, designs and materials may not be used in connection with any product or service without the prior written consent of Dociva Pty Ltd.

22. Error Reporting and Feedback

You may provide us directly or through third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints and other matters related to the Service (“Feedback”).

You acknowledge and agree that:

• you will not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
• Dociva may have development ideas similar to the Feedback;
• Feedback must not contain confidential information or proprietary information from you or any third party unless you are authorised to provide it; and
• Dociva is not under any obligation of confidentiality with respect to the Feedback unless separately agreed in writing.

To the extent permitted by law, you grant Dociva and its affiliates a transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use, copy, modify, create derivative works, publish, distribute and commercialise Feedback in any manner and for any purpose.

23. Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by Dociva Pty Ltd.

Dociva Pty Ltd has no control over and assumes no responsibility for the content, privacy policies, terms, practices, fees, availability or services of any third-party websites or services.

You acknowledge and agree that Dociva Pty Ltd is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any third-party content, goods or services.

We recommend that you read the terms and conditions and privacy policies of any third-party websites or services you visit.

24. No Guarantee of Health Outcomes

You acknowledge and agree that medical practitioners have full discretion in determining whether a requested clinical outcome is appropriate for you.

Dociva does not guarantee that you will receive a medical certificate, prescription, referral, pathology request, imaging request, diagnosis, treatment plan or any other specific clinical outcome.

A medical practitioner may approve, decline, limit, defer or escalate your request where they consider it clinically appropriate.

Dociva does not backdate issue or assessment dates; they remain the actual dates. However, where clinically appropriate, an Australian-registered medical practitioner may, at their discretion, certify that a period of illness or incapacity commenced before the date of assessment. Retrospective periods are not guaranteed.

A medical practitioner may be unable or unwilling to prescribe certain medicines, including controlled, addictive, high-risk or Schedule 8 medicines.

25. No Medicare Rebates

Unless otherwise stated by Dociva, you acknowledge and agree that Services provided through the Platform are private services and are not covered by Medicare.

Bulk billing and Medicare rebates do not apply to these Services unless expressly stated by Dociva for a specific Service.

You are responsible for paying the applicable fees for the Services you request through the Platform.

26. Discounts

Dociva may offer discounts on certain Services or to specific users under particular conditions (“Discount Codes”).

Discount Codes do not guarantee that a medical practitioner will provide a specific Service or issue a specific clinical outcome.

Unless otherwise stated in writing by Dociva, Discount Codes:

• are valid only for the specified period, purpose and use determined by Dociva;
• may be redeemed only once per user;
• must be applied at the time of purchase and cannot be applied retrospectively;
• are non-transferable and cannot be resold;
• cannot be combined with other offers; and
• may be cancelled, suspended or refused by Dociva if misuse, fraud or breach of these Terms is suspected.

27. Termination or Suspension of Access

We reserve the right to suspend or terminate your account and restrict access to our Services at any time where we reasonably consider it necessary for patient safety, legal compliance, security, fraud prevention, misuse, clinical governance, operational reasons or breach of these Terms.

For one-time Services, these Terms will apply until the requested Service has been delivered, declined, cancelled, refunded, expired or otherwise completed.

For Memberships, cancellation, expiry, suspension and termination are also governed by Section 5. Cancelling a Subscription stops future renewals but does not automatically terminate an eligible request validly submitted during an already paid billing cycle.

Where Dociva suspends or terminates a paid Membership, we will act reasonably and proportionately having regard to the reasons for the action, benefits already supplied and any refund or other remedy required under the Australian Consumer Law or other applicable law.

We may suspend your account, terminate access or revoke access to the Platform, either in full or in part, if:

• you breach these Terms, including our Fair Use Policy;
• your use of the Services poses a risk to your safety or the safety of others;
• your actions interfere with the Platform, its Services or the rights of others;
• you provide false, misleading, incomplete or fraudulent information;
• you misuse the Platform to seek an inappropriate medical certificate, prescription, referral or other clinical outcome; or
• we are required or reasonably expected to do so for legal, regulatory, security or clinical governance reasons.

Certain clauses within these Terms, including but not limited to ownership rights, disclaimers, indemnities, refund provisions, privacy, prohibited use, liability limitations and governing law, will remain in effect even after termination.

28. Disclaimer of Warranty

The Services provided by Dociva Pty Ltd are offered on an “as is” and “as available” basis, except for any rights, guarantees, warranties or remedies that cannot lawfully be excluded, restricted or modified.

To the maximum extent permitted by law, Dociva Pty Ltd does not make any representations or warranties, whether express or implied, regarding the operation, availability, security, completeness, reliability or suitability of the Service.

Without limiting the above, Dociva Pty Ltd does not warrant that:

• the Service will function uninterrupted, securely or be available at any particular time or location;
• any errors or defects will be corrected;
• the Service is free of viruses or other harmful components;
• the Service will meet your requirements or expectations;
• any third party will accept a certificate, referral, prescription token or other document; or
• any particular clinical outcome will be provided.

This disclaimer does not affect any warranties, consumer guarantees, rights or remedies that cannot be excluded or limited by applicable law.

29. Limitation of Liability and Indemnity

To the maximum extent permitted by law, Dociva Pty Ltd, its officers, directors, employees, contractors, agents, affiliates and medical practitioners are not liable for any indirect, incidental, special, consequential, punitive or exemplary loss or damage, including loss of profits, loss of revenue, loss of opportunity, loss of goodwill, loss of data or business interruption, arising out of or in connection with your use of, or inability to use, the Service.

To the maximum extent permitted by law, Dociva Pty Ltd's total liability to you arising out of or in connection with these Terms or the Service is limited to the amount you paid for the relevant Service giving rise to the claim.

You agree to indemnify Dociva Pty Ltd, including its officers, directors, employees, contractors, agents, affiliates and medical practitioners, from and against any loss, liability, claim, damage, cost or expense arising from your breach of these Terms, misuse of the Service, provision of false, misleading, incomplete or fraudulent information, unauthorised use of another person's information, misuse of a document issued through Dociva, or breach of applicable law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

30. Changes to Services

We reserve the right to modify, suspend, withdraw, limit or replace any Service at any time, including where required for patient safety, clinical governance, legal compliance, medical practitioner availability, operational reasons or business reasons.

Some services may only be available during certain hours, in certain locations, for certain users or where a medical practitioner considers the request suitable for telehealth.

We are not required to continue offering any particular Service indefinitely, subject to our existing contractual obligations and applicable law.

Changes affecting an existing paid Membership are also subject to the notice, cancellation and consumer protection provisions in Sections 5 and 31.

31. Amendments to Terms

We may update these Terms to reflect changes in our Services, operational requirements, applicable law or regulatory obligations.

Updated Terms will be published on our website. If a change materially affects an active paid Membership, Dociva will provide reasonable advance notice, ordinarily at least 30 days, and explain the change and its proposed effective date.

Material changes will not retrospectively reduce Membership benefits already paid for. Where a proposed change materially disadvantages an existing paying member, that member may cancel before the change takes effect without a cancellation penalty, subject to any additional rights or remedies available under applicable law.

If you do not agree to revised Terms, you may stop using the Service or cancel your Membership. Changes that legally require express agreement will not take effect merely because amended Terms are posted on our website.

32. Governing Law

These Terms are governed by and construed in accordance with the laws of the Australian Capital Territory and the applicable laws of the Commonwealth of Australia.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between you and Dociva regarding the Service and supersede and replace any prior agreements regarding the Service.

33. Acknowledgement

By accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms of Service and our Fair Use Policy. Where you purchase a Membership, you also acknowledge the recurring billing and cancellation arrangements disclosed before purchase.

You acknowledge that Dociva provides access to independent medical practitioner assessment and telehealth services, and does not guarantee any particular medical certificate, prescription, referral, diagnosis, treatment plan or other clinical outcome.

You also acknowledge that Dociva does not provide emergency services or backdate certificate issue or assessment dates. Retrospective periods are subject to the medical practitioner's assessment and discretion and are not guaranteed.

34. Contact Us

If you have any feedback, suggestions, comments, refund requests or technical support requests, please contact our support team.

You can contact us at support@dociva.com.au.