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Second Opinions, Without Borders

Terms of Service.

IMPORTANT: Please read these Terms of Service carefully before using the Med Mend platform. By accessing or using the platform, you agree to be bound by these Terms. If you do not agree, do not use the platform. 

Section 01: About These Terms

These Terms of Service (“Terms”) govern your access to and use of the Med Mend platform, including any associated website, mobile application, digital tools and services made available by Med Mend Pty Ltd (ABN 88 689 179 422) (“Med Mend”, “we”, “us” or “our”). By accessing or using the platform, you agree to these Terms and confirm that you have read and understood them. 

 

1.1 Acceptance 

By creating an account, submitting a case or otherwise using the platform, you agree to be bound by these Terms and any additional policies referenced herein, including our Privacy Policy. If you are using the platform on behalf of another person (for example, as a carer or legal guardian), you represent that you have authority to bind that person to these Terms. 

 

1.2 Eligibility, Minors and Authorised Representatives 

Eligible Users. To register and use the Platform independently, you must be at least 18 years of age. 

Minors (under 18). If you are booking a consultation on behalf of a person under 18 years of age, you may only do so as that person’s parent or legal guardian. By completing registration or booking on behalf of a minor, you confirm that: (a) you are the parent or legal guardian of the minor; (b) you accept these Terms on the minor’s behalf; (c) you consent to the collection, use and disclosure of the minor’s personal information and health information as described in our Privacy Policy; and (d) you accept full responsibility for the minor’s use of the Platform and for any consultation obtained on their behalf. Med Mend reserves the right to request documentary proof of parental or guardianship authority at any time. 

Capacity-Impaired Adults. If you are booking on behalf of an adult who lacks decision-making capacity, you may only do so as that person’s Authorised Representative. An Authorised Representative is a person who holds legal authority to make healthcare decisions on behalf of the patient — whether as an enduring guardian, an attorney under an enduring power of attorney, a person responsible, or pursuant to a guardianship order made by a competent tribunal or court under applicable Australian or equivalent law. By completing registration or booking on behalf of a capacity-impaired adult, you confirm that: (a) you hold that legal authority; (b) you accept these Terms on that person’s behalf; (c) you consent to the collection, use and disclosure of that person’s personal information and health information as described in our Privacy Policy; and (d) you accept full responsibility for all use of the Platform in relation to that person. Med Mend reserves the right to request proof of your authority as an Authorised Representative at any time, and may suspend access pending verification. 

 

1.3 Changes to These Terms 

We may update these Terms from time to time. Where a change is material, we will provide reasonable notice by email or through the platform before the change takes effect. Continued use of the platform after the effective date of any updated Terms constitutes your acceptance of those updated Terms. If you do not agree to updated Terms, you must stop using the platform and may close your account. 

2.1 Platform Services Only 

Med Mend provides a digital platform that connects patients, carers and referrers with independent specialist medical practitioners for the purpose of obtaining second medical opinions. Med Mend’s role is limited to facilitating that connection, managing the case coordination workflow, verifying specialist credentials for platform participation and providing platform infrastructure for the exchange of information. 

Med Mend does not: 

  • practise medicine or any licensed health profession
  • provide medical diagnoses, treatment plans or prescriptions
  • employ, contract or otherwise engage specialist doctors as its own clinical workforce
  • exercise control over the clinical judgment or opinions of any specialist using the platform
  • maintain your medical records as a primary function
  • act as a healthcare insurer, indemnity provider or third-party claims administrator

 

2.2 Second Opinions Only — No Treatment or Prescriptions 

The service available through Med Mend is limited to second medical opinions. No specialist using the Med Mend platform will provide you with a treatment plan, prescribe medication, refer you to other services as part of ongoing care management, or take on any continuing clinical responsibility for your health. The opinion provided is intended to support your informed decision-making and must be taken to your treating doctor or primary care provider, who remains responsible for your ongoing care. 

 

2.3 Not a Substitute for Treating Doctors 

The platform and any opinion received through it are not a substitute for a consultation with your treating doctor, primary care physician or specialist managing your care. You should not delay seeking professional medical advice, change your treatment or disregard advice from your treating doctor based solely on a second opinion received through Med Mend without first discussing that opinion with your treating team. 

 

2.4 No Emergency Services 

If you are experiencing a medical emergency, call 000 immediately or attend your nearest emergency department. The Med Mend platform is not designed or intended for emergency medical situations and cannot connect you with emergency services. 

You acknowledge that it is your responsibility to maintain access to emergency services independently of the platform. Med Mend representatives who reasonably believe you are in a medical emergency may contact relevant emergency services on your behalf. 

3.1 Creating an Account 

To access most features of the platform you are required to register for an account. When registering, you must provide accurate, complete and current information about yourself. You agree to keep your account information up to date at all times. 

 

3.2 Account Security 

You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to: 

  • choose a strong password that is not easily guessable and is not shared with other services
  • not share your login credentials with any other person
  • log out after using shared or public devices
  • enable any additional security features available on the platform, including multi-factor authentication where offered
  • notify us immediately at privacy@medmend.app if you suspect that your account has been compromised

Med Mend will not be liable for any loss or damage arising from your failure to maintain reasonable account security. 

 

3.3 Account for Another Person 

Where you are accessing the platform on behalf of another person, including as a carer, parent, legal guardian or authorised representative, you agree that you have the legal authority to do so and that you take full responsibility for all use of the platform under your account in connection with that person’s case. 

4.1 Nature of the Service 

The second opinion service facilitated through Med Mend allows you to submit medical information, reports, imaging and history for independent review by a credentialled specialist. The specialist will provide a written report, a teleconsultation, or both, depending on the service option selected. The specialist’s opinion reflects their independent professional judgment based solely on the materials you provide and any teleconsultation conducted. 

 

4.2 Limitations of Virtual Consultation 

You acknowledge and accept that: 

  • a specialist reviewing your case through the platform does not have the benefit of an in-person physical examination and may not be aware of all relevant clinical facts
  • any opinion provided is based only on the materials submitted and may be limited or provisional in nature
  • the absence of an in-person examination may affect the specialist’s ability to fully assess your condition
  • a second opinion through the platform is not intended to replace a full in-person clinical evaluation
  • virtual consultations carry inherent technical risks including, but not limited to, transmission failure, connectivity interruption and potential information security vulnerabilities, which may affect the quality of the consultation

 

4.3 Your Responsibility to Take Advice to Your Treating Doctor 

Any opinion received through the Med Mend platform is intended to be shared with your treating doctor. Med Mend not only permits but actively encourages you to provide the specialist’s written report in full to your primary treating doctor or specialist — this is the intended purpose of the service and reflects best clinical practice. Your treating doctor remains your primary care provider and is best placed to interpret the specialist’s opinion in the context of your ongoing care. You accept full responsibility for how you use and act on any information provided through the platform. 

 

4.4 Accuracy of Your Submissions 

You are responsible for the accuracy, completeness and currency of all medical information, records, imaging and history that you submit through the platform. Inaccurate or incomplete submissions may adversely affect the quality of the specialist’s opinion. Med Mend accepts no liability for the consequences of submissions that are inaccurate or incomplete. 

 

4.5 Consent to Telehealth Consultation 

Where your service includes a live teleconsultation, you consent to participating in that consultation via audio and/or video technology. You acknowledge that the specialist conducting the consultation does so in their independent clinical capacity and in accordance with applicable telehealth guidelines, including guidelines issued by the Medical Board of Australia or equivalent regulatory authority. You may withdraw consent to a teleconsultation at any time without affecting your right to the written review component of your service. 

5.1 Independent Practitioners 

Specialists who participate in the Med Mend platform are independent medical practitioners. They are not employees, agents or contractors of Med Mend. Med Mend does not direct, control or supervise the clinical judgment of any specialist, and any opinion, assessment or advice expressed by a specialist through the platform is entirely that specialist’s own and does not represent the view or position of Med Mend. 

 

5.2 Credential Verification 

Med Mend verifies that all specialists participating on the platform hold unconditional registration with the Australian Health Practitioner Regulation Agency (AHPRA) or the equivalent unconditional registration authority in their relevant jurisdiction. Each specialist’s licensed jurisdiction or jurisdictions are clearly displayed on their platform profile. Patients self-select the specialist they wish to access based on this disclosed information. Med Mend does not make geographical matches between patients and specialists; the platform operates as a marketplace through which patients make informed choices about which independently listed specialist to engage based on the specialist’s disclosed credentials and licensed jurisdiction. Registration verification is conducted at onboarding and reviewed annually against the specific jurisdiction or jurisdictions listed on each specialist’s profile. Verification does not constitute an endorsement of any particular specialist, and Med Mend does not warrant the suitability, clinical competence or quality of any specialist’s opinion beyond the fact of their verified registration status in their listed jurisdiction at the time of platform listing. 

 

5.3 No Warranties as to Clinical Outcomes 

Med Mend makes no representations or warranties about the correctness, completeness or suitability of any specialist’s opinion for your particular circumstances. You accept sole responsibility for the decision whether to act on any specialist opinion received through the platform, and Med Mend accepts no liability for any clinical outcome arising from a specialist’s opinion or your use of it. 

 

5.4 Your Jurisdictional Responsibility 

Med Mend is an Australian platform that operates as a global marketplace for second medical opinions. The Platform is made available to patients worldwide. Each specialist’s licensed jurisdiction or jurisdictions are disclosed on their platform profile, and patients self-select their specialist on that basis. Med Mend does not geo-target, restrict access to, or actively market the Platform to patients in any specific country or locality. All Services are provided under Australian law and are stated to be provided from Australia. 

By accessing or using the Platform, you acknowledge and agree that: (a) it is your sole responsibility to determine whether accessing a second medical opinion from a specialist whose licensed jurisdiction is displayed on their profile is lawful in your jurisdiction, and whether doing so complies with applicable local laws, professional regulations, or health services legislation where you are located; (b) Med Mend makes no representation, warranty, or assurance that access to or use of the Platform, or any consultation obtained through it, is lawful, permitted, or appropriate in your jurisdiction; (c) Med Mend does not restrict access to the Platform on the basis of a patient’s location, and patients in jurisdictions where such access may be regulated or restricted are solely responsible for ensuring their own compliance with applicable local laws before proceeding; and (d) a specialist’s written report constitutes a second medical opinion only and does not constitute the provision of medical services, treatment, or professional advice within the meaning of any healthcare or medical licensing legislation applicable in your jurisdiction. 

Nothing in this clause limits Med Mend’s obligations under the Australian Consumer Law or any other non-excludable consumer guarantee applicable under Australian law. 

 

5.5 Specialist Complaints 

If you have a concern about the professional conduct or clinical judgment of a specialist who reviewed your case, you may raise the matter with AHPRA (for Australian-registered specialists) or the relevant medical regulatory authority in the specialist’s jurisdiction. Med Mend operates a separate internal complaints process as described in Section 15 of these Terms. 

6.1 Fee Schedule 

Access to second opinion services through Med Mend requires payment of fees as published on the platform at the time of booking. All fees are displayed in Australian dollars (AUD) unless otherwise stated and are inclusive of Goods and Services Tax (GST) where applicable. Med Mend reserves the right to amend its fee schedule at any time, with changes applying to new bookings from the date of the updated schedule. 

 

6.2 Payment Processing 

Payments are processed through third-party payment processors. By providing your payment details, you authorise Med Mend to debit the applicable fees from your nominated payment method. You are responsible for ensuring your payment information is accurate and current. Med Mend is not liable for any loss arising from incorrect payment information provided by you. 

 

6.3 Refunds 

Refunds are available in accordance with your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Subject to those rights, fees paid for a second opinion service are non-refundable once a specialist has commenced review of your case materials. Where a service cannot be delivered due to circumstances within Med Mend’s control, a full refund or credit will be provided. To request a refund, contact us at billing@medmend.app. 

7.1 Privacy Act Compliance 

Med Mend is bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in the handling of your personal information and health information. Our Privacy Policy, available at medmend.app/privacy, sets out in full how we collect, use, hold, disclose and protect your personal and health information. 

 

7.2 Health Information 

The health information you submit through the platform will be used solely for the purpose of facilitating your second opinion service and will not be disclosed to any third party without your consent except where required or authorised by law. Your health information is stored securely in accordance with APP 11, using encryption at rest and in transit, access controls and audit logging, in compliance with the Australian Government Information Security Manual (ISM) and ISO/IEC 27001 standards. 

 

7.3 Cross-Border Data Transfers 

Where a specialist located outside Australia reviews your case, your health information may be transferred to or accessed from outside Australia. Med Mend takes reasonable steps to ensure that any cross-border handling of health information is subject to protections substantially similar to the APPs or is otherwise authorised by law, in accordance with APP 8. By submitting a case for review by an overseas specialist, you consent to that transfer. 

 

7.4 Recordings 

Where your service includes a teleconsultation, that session may be recorded for quality assurance and clinical record purposes, with your consent and in accordance with applicable law. You will be notified of any recording prior to the commencement of a session and may object to recording at that time. 

8.1 Platform Licence 

Subject to your compliance with these Terms, Med Mend grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the platform for your own personal, non-commercial purposes. This licence does not include the right to reproduce, distribute, publicly display or modify any part of the platform or its content. 

 

8.2 Ownership of Platform Materials 

All intellectual property in the platform, including its software, design, structure, content and materials, is owned by or licensed to Med Mend. Nothing in these Terms transfers any intellectual property rights to you. The Med Mend name, logo and associated trade marks are the property of Med Mend Pty Ltd and may not be used without our prior written consent. 

 

8.3 Your Content 

You retain ownership of all medical records, documents and materials you upload to the platform (“Your Content”). By uploading Your Content, you grant Med Mend a limited, non-exclusive licence to use Your Content for the sole purpose of facilitating your second opinion service. Med Mend will not use Your Content for any other purpose without your consent. 

 

8.4 Feedback 

If you provide feedback, suggestions or ideas about the platform, you grant Med Mend a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose connected with improving and operating the platform, without any obligation to acknowledge or compensate you. 

 

8.5 Intellectual Property Complaints 

If you believe that content available on the platform infringes your intellectual property rights, please contact us at privacy@medmend.app with a description of the alleged infringement and the relevant material. Med Mend will investigate and respond in accordance with applicable Australian law. 

9.1 Third-Party Content 

The platform may contain links to or content from third-party websites, services or resources. Med Mend does not control, endorse or accept responsibility for third-party content, websites or services. Any reliance you place on third-party content accessed through or linked from the platform is at your own risk. 

 

9.2 Specialist Opinions as Third-Party Content 

The opinions and reports provided by independent specialists through the platform constitute the independent professional opinions of those specialists and do not represent the views or position of Med Mend. Med Mend does not verify, review or endorse the content of any specialist opinion before it is made available to you. 

10.1 Accuracy 

You are responsible for ensuring that all information, materials and content you submit to or through the platform is accurate, complete, not misleading and does not infringe the rights of any third party. You must not submit false, fraudulent or misleading health information. 

 

10.2 Permitted Use of Submissions 

With the exception of your personal health information (which is handled in accordance with our Privacy Policy), any non-health-related information you submit to Med Mend through the platform, including suggestions, feedback and general correspondence, may be used by Med Mend for operational purposes, including improving the platform. 

 

10.3 Communications from Med Mend 

By creating an account, you consent to receiving electronic communications from Med Mend, including account notices, service updates, appointment reminders and administrative correspondence. You may opt out of non-essential communications at any time through your account settings or by contacting us at engagement@medmend.app. 

If you consent to SMS notifications, standard carrier message and data rates may apply. You may opt out by replying STOP to any SMS communication or adjusting your notification preferences in your account settings. 

By using the platform, you agree not to: 

  • use the platform for any unlawful purpose or in breach of any applicable Commonwealth, state or territory law or regulation
  • submit false, fraudulent or misleading health information or misrepresent your identity or that of any other person
  • impersonate any other person or entity or falsely claim an affiliation with any organisation
  • access or attempt to access another user’s account without authorisation
  • upload or transmit viruses, malware or any other harmful or disruptive code or material
  • interfere with or disrupt the platform, its servers or the networks connected to it
  • attempt to circumvent any security feature or access control mechanism of the platform
  • use the platform to collect personal information about other users without their consent
  • engage in harassing, threatening, abusive or discriminatory conduct toward any specialist, Med Mend staff member or other platform user
  • use the platform in a manner that could damage the reputation or goodwill of Med Mend or any specialist
  • use the platform for any commercial purpose without Med Mend’s prior written consent
  • attempt to reverse engineer, decompile or extract the source code of any part of the platform

 

If Med Mend becomes aware of conduct that breaches these Terms, we may immediately suspend or terminate your account without notice and may refer the matter to relevant authorities where warranted. 

12.1 Service Availability 

Med Mend will use commercially reasonable efforts to make the platform available. However, we do not warrant that the platform will be available at all times, free from errors, uninterrupted or secure. The platform may be unavailable due to scheduled maintenance, technical failure, third-party service disruption or circumstances beyond our control. 

 

12.2 Platform Modifications 

Med Mend reserves the right to modify, suspend or discontinue any feature of the platform at any time, with or without notice. Where a modification materially affects your access to a paid service, we will provide reasonable notice and, where applicable, a refund of unused fees. 

 

12.3 Account Suspension and Termination 

Med Mend may suspend or terminate your account at any time if you breach these Terms, if we reasonably suspect fraudulent or unlawful activity, or if continued access would create a risk to the platform, other users or third parties. You may close your account at any time by contacting us at engagement@medmend.app. Upon account closure, your licence to use the platform terminates immediately and any outstanding fees remain due and payable. 

 

12.4 Effect of Termination 

On termination of your account: your licence to use the platform ceases immediately; any outstanding fees become immediately due; and provisions of these Terms which by their nature survive termination (including Sections 8, 14 and 15) will continue in full force. 

Nothing in these Terms limits, excludes or modifies any right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other non-excludable statutory guarantee, warranty or condition. 

 

13.1 Consumer Guarantees 

To the extent that consumer guarantees apply under the Australian Consumer Law, Med Mend’s liability for a failure to comply with a guarantee is limited, to the extent permitted by law, to supplying the relevant service again or paying the cost of having the service supplied again. 

 

13.2 Limitation to Extent Permitted by Law 

To the maximum extent permitted by applicable law, and subject to Section 13.1, Med Mend excludes all liability for: 

  • any indirect, special, incidental or consequential loss or damage arising from or in connection with your use of the platform
  • any loss of profits, revenue, data, goodwill or business opportunity
  • any clinical outcome arising from a specialist’s opinion or your decision whether to act on it
  • any loss or damage arising from inaccurate or incomplete information submitted by you
  • any interruption, unavailability or error in the platform
  • any loss resulting from third-party services linked to or accessible from the platform

 

13.3 Cap on Liability 

Subject to Section 13.1, to the maximum extent permitted by law, Med Mend’s total aggregate liability to you in connection with these Terms or your use of the platform, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid by you to Med Mend in the three (3) months immediately preceding the event giving rise to the claim. 

 

13.4 Indemnity 

You agree to indemnify, defend and hold harmless Med Mend, its directors, officers, employees and agents from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising from: (a) your breach of these Terms; (b) your misuse of the platform; (c) any claim by a third party arising from your submission of inaccurate or misleading information; or (d) your violation of any applicable law. 

14.1 No Practice of Medicine 

Med Mend does not practise medicine. Nothing on the platform constitutes medical advice, diagnosis or treatment. All clinical opinions are provided by independent specialists in their own professional capacity. You acknowledge that engaging a second medical opinion through Med Mend does not establish a doctor-patient relationship between you and Med Mend. 

 

14.2 As-Is Availability 

The platform is provided on an “as is” and “as available” basis. To the extent permitted by law, Med Mend disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Med Mend does not warrant that the platform will be error-free, secure or uninterrupted. 

 

14.3 International Use 

The platform is operated from Australia. Users accessing the platform from outside Australia do so at their own initiative and are responsible for compliance with local laws. Med Mend makes no representation that the platform or the services available through it comply with the laws of any jurisdiction other than Australia. 

15.1 Internal Complaints Process 

If you have a complaint about any aspect of your experience with Med Mend, please contact us in the first instance at complaints@medmend.app. We will acknowledge your complaint within 2 business days and aim to provide a substantive response within 10 business days. We are committed to resolving complaints fairly and promptly. 

 

15.2 Regulatory Complaints 

If your complaint relates to: 

  • the professional conduct of a specialist: you may contact AHPRA at ahpra.gov.au (for Australian-registered practitioners) or the equivalent regulatory authority in the specialist’s jurisdiction
  • the handling of your personal or health information: you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au after first raising the matter with Med Mend
  • consumer rights or misleading conduct: you may contact the Australian Competition and Consumer Commission (ACCC) at accc.gov.au or your relevant state or territory fair trading office

 

15.3 Dispute Resolution 

If a dispute between you and Med Mend cannot be resolved through our internal complaints process, the parties agree to make a genuine effort to resolve the dispute through good faith negotiation before commencing any formal legal proceedings. Either party may propose mediation through a mutually agreed accredited mediator as an alternative to litigation. 

 

15.4 Governing Law and Jurisdiction 

These Terms are governed by the laws of the Australian Capital Territory, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and the Federal Court of Australia for the resolution of any dispute arising under or in connection with these Terms. 

16.1 Entire Agreement 

These Terms, together with the Privacy Policy and any service-specific terms communicated to you at the time of booking, constitute the entire agreement between you and Med Mend with respect to your use of the platform and supersede all prior agreements, representations and understandings. 

 

16.2 Severability 

If any provision of these Terms is held to be invalid, unenforceable or illegal under applicable law, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will continue in full force and effect. 

 

16.3 No Waiver 

A failure or delay by Med Mend to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent breach. 

 

16.4 Assignment 

You may not assign or transfer your rights or obligations under these Terms without Med Mend’s prior written consent. Med Mend may assign its rights under these Terms in connection with a merger, acquisition, sale of assets or by operation of law without your consent. 

 

16.5 Consent to Electronic Communications 

You agree that electronic communications from Med Mend, including emails, in-platform notifications and electronic documents, satisfy any legal requirement that communications be provided in writing. 

 

16.6 Minimum System Requirements 

You are responsible for maintaining compatible hardware, software and internet connectivity to access and use the platform. Med Mend is not liable for any degraded functionality resulting from your use of outdated or incompatible devices or operating systems. 

 

16.7 Force Majeure 

Med Mend will not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, government action, telecommunications failure or third-party service disruptions. 

 

16.8 Relationship of the Parties 

Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and Med Mend. 

 

Contact Us 

Med Mend Pty Ltd 
General enquiries: engagement@medmend.app 

Legal, Security, Privacy: privacy@medmend.app 
Billing: billing@medmend.app 
Complaints: complaints@medmend.app 
Website: medmend.app