Medly Pty Ltd - Terms of Service

1. Scope of These Terms

These Terms govern your use of:

• The Medly platform, including our website and mobile applications;
• Any service provided via the Medly platform, including general and mental health consultations, prescriptions, medical certificates, referrals, pathology forms, and follow-up care;

Each time you access a Medly service, a new agreement is formed based on these Terms.

2. Who May Use Medly

To use Medly, you must:

• Be located within Australia at the time of accessing services
• You must not access Medly from overseas or via VPN services that obscure your location, as this may breach regulatory obligations and service eligibility.
• 18 years or older (or be the legal authority for the minor using the platform on behalf of a minor they have legal authority to act for).
• Create a Medly account and agree to these Terms.

By accessing Medly, you confirm that you meet the above criteria and that all information you provide is true and accurate.

3. Clinical Services

The Medly Intake is designed solely to help patients provide structured information to their treating health practitioner. It does not assess, interpret, analyse, triage, or make any clinical recommendations. All diagnosis, advice, and treatment decisions are made exclusively by the consulting doctor. The Medly Intake is an administrative and information-collection tool, not a diagnostic or clinical decision-support system. Completion of the Medly Intake is required so that the doctor can safely conduct your consultation.

All healthcare services provided through Medly are delivered by AHPRA-registered medical practitioners,including general practitioners and telehealth doctors. Medly:

• Facilitates access to clinicians but does not itself provide medical services
• Does not guarantee the provision of a specific outcome (e.g. a prescription or referral)
• Medly does not guarantee clinical availability for any specific condition, and no service should be interpreted as a substitute for in-person medical care, including in emergencies or complex health scenarios
• Reserves the right to refer patients to in-person care if clinically appropriate

You must not use Medly for any of the following:

• Medical emergencies or critical conditions
• Requests for Schedule 8 or addictive medications (e.g. opioids, benzodiazepines, stimulants)
• Backdated medical certificates

Prescribing and treatment decisions are at the sole discretion of the treating practitioner.

Following your consult, relevant documents such as medical certificates, referrals, prescriptions (if applicable), and patient fact sheets may be bundled and sent to the email address associated with your Medly account. By using the platform, you consent to receiving these materials in this manner.

Your health information may be shared with other medical practitioners on the platform. This includes any allergies, medical history (conditions), medications, and any outcomes from your consultations, including test results, prescriptions, correspondence.

4. Pricing and Payments

Pricing Overview

Payments

All payments are in Australian dollars (AUD) and include GST unless otherwise stated. You agree to pay Medly at the time of booking using a valid debit/credit card via Stripe. A pre-authorisation hold is placed on your card during booking (see Cancellation below). Services are not Medicare bulk-billed and no rebate is available. If you cancel your consult before it starts, you will not be charged. A receipt is issued after the consult and stored on your profile. By confirming a booking, you authorise Medly to hold and process payment via Stripe. Failed transactions may result in the cancellation or suspension of future bookings until resolved.

Payment triggers:

Patient’s initially enter the consult room by voluntarily clicking ‘Join Now.’ After clicking ‘Join Now’, patients enter their virtual consult room and wait for the clinician to join. The consult begins when the clinician joins the call, not when the patient clicks “Join Now.” Billing starts from this point, regardless of whether the patient is responsive or present in the consult room. If there is a service interruption, the clinician will attempt to contact the patient via the web page again, and if unsuccessful, by calling the patient’s own mobile from a private number. In this case, the clinician may refund the consult in full or in-part at their discretion, pending processing this full or partial refund with the payment processor.

Non-refundable minimum fee:

A minimum fee of $15 (covering the first 2 minutes) is applied once the clinician joins. This amount is non-refundable, even if the patient does not attend, disconnects, or ends the call early.

Additional time charges:

Time beyond the first 2 minutes is charged at $4 per minute, and may be refundable, depending on consult duration and any other relevant circumstances.

5. Clinical Limitations

Due to the limitations of Telehealth, Medly clinicians are not provided by Medly:

Medly doctors may recommend in-person care if it is clinically indicated for more appropriate and optimal care. By using Medly, you agree that you are not seeking emergency or urgent care, have a serious condition.

6. Consult Workflow

By using the Medly platform, you acknowledge that:

• You will be required to submit structured intake information before your consult
• You may be required to verify your identity prior to receiving care
• Consults may be audio or video, and doctors may decline your request if unsafe or incomplete
• All consults are timed and billed according to our fee schedule.
• Submission of incomplete or misleading intake forms may result in the consult being declined without refund, at the clinician’s discretion.
• Your health and personal information may be shared with doctors and admin officers working on the Medly platform if they become involved in your care to enable continuity and safe care.
• Providing misleading medical information may result in patient harm. The provision of intentional misleading information may result in formal reporting and being prohibited from the further use of Medly. Misleading information includes but is not limited to, using another person’s profile with or without their consent, providing incomplete medical information, or withholding medical information that may inform care.

7. Prescriptions and Pharmacy Fulfilment

If a prescription is issued:

• You may receive an eScript by SMS or email
• You can present this eScript to any Australian pharmacy that participates in electronic prescription dispensing.
• Medly is not a pharmacy and does not dispense medications. We do not guarantee medication availability, and it is the responsibility of the patient to source their medication locally.

8. Account Use and Security

You are responsible for maintaining the confidentiality of your account. You must:

• Keep your login secure
• Notify Medly immediately if you suspect unauthorised use
• Ensure any information you provide (including for dependents) is complete and accurate

We reserve the right to suspend or close accounts for any breach of these Terms.

9. Cancellations and Refunds

• You may cancel your consult any time before the clinician joins the call: in this case, no charges apply.
• Once the clinician joins, the consult is considered active and the minimum $15 fee becomes non-refundable.
• The clinician will wait up to 2 minutes if the patient is not present in the consult room.
• Time billed beyond the first 2 minutes may be refunded partially, depending on how long the consult lasted and whether it was completed.
• Refund requests must be submitted within 7 days to support@medly.com.au.

10. Platform Use and Availability

We do not guarantee:

• Continuous access to the platform or availability of specific clinicians
• That any given service will be appropriate or available at all times

You must not:

• Misuse or interfere with the platform
• Use Medly to impersonate another person or submit false information
• Upload inappropriate, offensive, or unlawful content

11. Limitation of Liability

Nothing in these terms excludes consumer guarantees that cannot be excluded. To the extent permitted by law, Medly disclaims any liability for:

• Clinical decisions made by third-party practitioners
• Delays in platform access, delivery, or telehealth availability
• Any indirect or consequential loss
• Failure to obtain a specific health outcome (e.g. prescription, diagnosis)
• Medly’s services are provided ‘as-is’ and ‘as available’. We do not warrant uninterrupted or error-free access.

Medly’s liability is limited to the cost of re-supplying the service.

12. Privacy (in accordance with the Privacy Policy)

Medly complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles, HIPAA (where relevant), and all AHPRA obligations. For more detail, please refer to our Privacy Policy. You must review our full Privacy Policybefore using any Medly service. By using Medly, you consent to the collection, use, and disclosure practices outlined therein. Medly may use health, personal and consultation data to improve our systems, including but not limited to user experience, Medly marketing and promotional messages, intake, pricing models, clinical workflow design, auditing and quality assurance.

Separately, and as part of Medly research initiatives, we may use de-identified health and personal information for research approved under our ethics framework if you consent to it. You may withdraw consent at any time by contacting support@medly.com.au. Withdrawing consent will not affect your access to or use of Medly services, though data already included in an approved study may not always be possible to remove.

Medly will seek your explicit consent before using any health-related information in research projects involving identifiable data. Such research will only be conducted with approval from a registered Human Research Ethics Committee. You understand that if you consent to this, you may withdraw consent at any time; and if your personal or health information has been used in a project or incorporated in a research database it may not be possible to remove your personal or health information.

We may disclose your personal and health information to:

• Related Entities: Any entity related to Medly & Medly Health.
• Legally Required Entities: Entities required or permitted by law, including statutory authorities, health practitioners, support teams, Medicare, emergency services, and government bodies.
• Medical Practitioners and Support Teams: This is for sharing clinical history where necessary to provide safe, continuous care.
• Service Providers: Third parties providing services on our behalf, such as IT service providers, data storage, and web hosting services.
• Commercial Partners: Third-party partners that provide relevant services or opportunities with statistical data in de-identified form.
• Payment Processors: For processing payments.
• Referring Entities: If you were referred by a third party for reporting and invoicing purposes.
• Consent-Based Entities: Other entities with your express consent.

13. Intellectual Property

All content on the Medly platform is the property of Medly or its licensors. You may not copy, reproduce, or use it for commercial purposes without written permission, including where a patent is pending or granted.

14. Termination

We reserve the right to:

• Terminate or suspend your account at any time for breach of these Terms
• Refuse or cancel access to services if misuse or unsafe behaviour is suspected

You may request permanent account closure by contacting support@medly.com.au, and your health information will be kept in line with current State, Territory or Federal legislation and healthcare law.

15. Complaints

If you have an administrative, privacy or clinical concern or complaint:

• Email support@medly.com.au
• We aim to respond within 14 days
• If unresolved, you may escalate to:
  • Office of the Australian Information Commissioner (OAIC)
  • AHPRA or your state Health Complaints Commissioner

16. Governing Law

These Terms are governed by the laws of Queensland Australia. Any disputes will be resolved in the courts of that jurisdiction.

17. Changes to These Terms

Medly may update these Terms at any time. Continued use of the platform after changes are published constitutes acceptance of the revised terms.

Material changes will be communicated via email or platform alert. Continued use of the platform after changes constitutes acceptance of the new Terms.