Terms & Conditions

Medrisk Terms and Conditions

1. Introduction

Medrisk Pty Ltd (ACN 690 117 689) provides virtual medical assessment services for employment screening through its online platform and related systems (Services) and through its website (Site). These Terms and Conditions govern your access to and use of the Services.

In these Terms:

• “you” and “your” refer to the individual or entity using the Services. This includes where you accept these Terms on behalf of an organisation such as your employer, a recruitment agency, or another business entity.

• “we”, “us”, or “our” refer to Medrisk Pty Ltd.

These Terms form a binding contract between you and Medrisk. They set out our obligations as the provider of the Services and your obligations as a user or customer of the Services.

You must not access or use the Services unless you agree to these Terms.

Our Privacy Policy, available on the Site, explains how we collect, use and disclose personal information when providing the Services.

Nothing in these Terms limits rights that cannot legally be excluded, including rights under the Australian Consumer Law.

2. Engagement and Term

These Terms apply from the time you accept them or first access the Services and continue until they are terminated in accordance with these Terms.

Subject to your compliance with these Terms, Medrisk will provide you with access to the Services during the Term.

The Services provided by Medrisk are limited to those described in these Terms or otherwise made available through the Site or through a written agreement between Medrisk and the customer. Medrisk is not responsible for providing services that are not expressly included within the scope of the Services.

From time to time Medrisk may make new features, functionality or beta services available. Where such services are provided, they may be offered for evaluation or testing purposes. Because of the developmental nature of such services, they may change, contain errors, or be discontinued at any time without notice.

If you choose to integrate or use the Services alongside third-party software, systems or services, those providers operate independently of Medrisk. Medrisk is not responsible for the goods or services provided by such third parties unless we expressly agree otherwise in writing.

Medrisk may amend these Terms from time to time by providing notice to you. Continued use of the Services after notice of amendments constitutes acceptance of the updated Terms. If you do not agree to any amendment, you must cease using the Services.

3. Assessment Results and Responsibilities

The Services include the provision of virtual employment-related health risk assessments.

Assessment Results include doctor oversight and approval prior to release to customers. However, you acknowledge and agree that:

• assessments are conducted remotely through a digital platform and may have limitations compared with in-person medical examinations;

• Medrisk provides risk categorisation outputs only, such as low risk, moderate risk or high risk classifications;

• Medrisk does not determine employment suitability or make hiring decisions;

• where an assessment indicates moderate or high risk, employers should consider whether additional in-person medical assessment or verification may be appropriate; and

• the employer or organisation using the Services remains solely responsible for employment decisions and compliance with employment laws.

You acknowledge that the Services are screening tools intended to assist employers and organisations in making informed workforce decisions. Medrisk does not assume responsibility for how assessment results are interpreted or applied.

Medrisk is not liable for disputes, regulatory investigations or claims arising from employment decisions made using the assessment results.

4. Accounts

To access and use the Services you must create an Account.

You may invite authorised personnel within your organisation to access the Services as Authorised Users.

You are responsible for managing your Account and ensuring that Authorised Users comply with these Terms.

You must:

• maintain the confidentiality of usernames and passwords;

• ensure account information remains accurate and up to date; and

• notify Medrisk promptly if you become aware of any unauthorised access or security incident relating to your Account.

You may change the Authorised Users associated with your Account at any time through the platform where functionality allows.

If an Account is closed or terminated, access to the Services will cease for you and your Authorised Users.

Where the Services involve candidate assessments, Medrisk may provide candidate consent documentation. You are responsible for ensuring candidates complete appropriate consent documentation before participating in any assessment.

5. Fees

You may purchase Services from Medrisk including one‑time purchases or recurring service arrangements.

You must pay all amounts due in accordance with these Terms and any applicable agreement relating to the Services.

Where recurring services apply:

• billing occurs at the beginning of each billing cycle; and

• upgrades or downgrades to service levels take effect at the start of the next billing cycle.

Fees apply when an assessment is triggered and sent to a candidate, regardless of whether the candidate completes the assessment.

Unused assessments allocated within a billing cycle do not roll over into future billing periods.

At the commencement of each renewal term, applicable fees may increase by the greater of:

• 3%; or

• the most recently published percentage increase in the Consumer Price Index (All Groups Weighted Average of the Eight Capital Cities).

Recurring services automatically renew for the same service term unless cancelled before the end of the current term.

If fees are not paid when due, Medrisk may suspend access to the Services and may charge interest on overdue amounts as permitted under these Terms.

You are responsible for paying any taxes associated with the Services unless Medrisk is legally required to collect those taxes on your behalf.

6. Licence

During the Term, Medrisk grants you and your Authorised Users a limited, non‑exclusive, non‑transferable right to access and use the Services in accordance with these Terms.

You must not:

• use the Services in any manner that breaches applicable laws or infringes another party’s rights;

• interfere with the operation or security of the Services;

• introduce viruses or malicious code into the platform;

• attempt to gain unauthorised access to data or systems;

• reverse engineer, copy, or replicate the Services or underlying software;

• resell, sublicense or distribute access to the Services without authorisation; or

• attempt to bypass authentication or security controls implemented by Medrisk.

7. Availability

Medrisk aims to maintain reliable access to the Services but does not guarantee uninterrupted availability.

The Services may be disrupted due to maintenance, system upgrades, technical failures or circumstances beyond Medrisk’s reasonable control.

The Services may rely on infrastructure and services provided by third parties such as cloud hosting providers. To the extent permitted by law, Medrisk is not liable for service interruptions caused by those third parties.

Where reasonably practicable, Medrisk will provide notice of scheduled maintenance or service disruptions.

8. Intellectual Property and Data

All intellectual property rights in the Services, including software, design, branding, systems and documentation, remain the property of Medrisk.

You must not copy, modify, reverse engineer or otherwise misuse Medrisk intellectual property.

You retain ownership of data that you upload or provide to the Services (“Your Data”).

By using the Services, you grant Medrisk permission to access, process, store and transmit Your Data to the extent reasonably required to:

• provide the Services;

• maintain system functionality and security;

• diagnose technical issues; and

• improve the Services.

Because the Services operate through internet-based infrastructure, Your Data may be transmitted across various networks.

You are responsible for maintaining the integrity of Your Data within your own systems and for implementing appropriate backup procedures.

Medrisk may generate anonymised statistical or aggregated data derived from platform usage. Once anonymised, such data may be used by Medrisk for analytics, service improvement or research purposes.

9. Confidentiality and Personal Information

During the course of using the Services, both parties may receive confidential information belonging to the other party.

Each party agrees to:

• keep confidential information confidential; and

• only use confidential information for purposes connected with the Services.

Confidential information may be disclosed where required by law or where disclosure is necessary to professional advisers or service providers involved in delivering the Services.

Medrisk collects and handles personal information in accordance with its Privacy Policy and applicable privacy legislation.

You must only provide personal information to Medrisk where you have the legal right to do so, including obtaining appropriate consent from individuals where required.

10. Consumer Law Rights

Nothing in these Terms excludes rights available under applicable consumer protection laws, including the Competition and Consumer Act 2010 (Cth).

Where the Services are not ordinarily acquired for personal, domestic or household use, Medrisk’s liability for failing to comply with Consumer Law Rights is limited to resupplying the Services or paying the cost of having the Services supplied again.

11. Liability

To the maximum extent permitted by law:

• Medrisk is not liable for loss or damage caused by your computing environment or systems;

• Medrisk is not liable for losses resulting from unauthorised use of the Services by persons other than authorised users;

• neither party is liable for consequential loss including loss of profit, revenue, business opportunity or goodwill;

• liability is reduced proportionately where a loss is contributed to by the actions of the other party; and

• Medrisk’s total liability arising in connection with the Services is limited to the amount of fees paid by you during the twelve months preceding the event giving rise to the claim, or AUD $1,000 where no fees have been paid.

12. Suspension and Termination

Medrisk may suspend or terminate access to the Services where:

• fees remain unpaid;

• these Terms are breached;

• the Services are used inappropriately or unlawfully;

• an insolvency event occurs; or

• Medrisk determines the Services are unsuitable for a customer’s regulatory environment.

Customers may terminate the Services where Medrisk breaches these Terms and fails to remedy the breach within a reasonable timeframe.

Upon termination, Medrisk may retain certain data where required to comply with legal or regulatory obligations.

Termination does not affect rights or liabilities accrued prior to termination.

13. General

These Terms are governed by the laws of Victoria, Australia.

Disputes should first be addressed through good faith discussions between the parties. Where disputes cannot be resolved, the parties may seek mediation or other appropriate dispute resolution processes.

Medrisk may assign or transfer these Terms to a related entity or successor organisation.

These Terms do not create a partnership, joint venture, employment relationship or agency between the parties.

Notices may be provided electronically to the email address associated with the relevant Account.

14. Professional Services Disclaimer

The Services do not constitute medical, legal, financial or risk management advice.

Medrisk assessments are screening tools for employment purposes only and are not a substitute for medical advice, diagnosis or treatment.