Terms and Conditions
Last Updated: 16 July 2025
ABN: 67285505178
1. DEFINITIONS
For the purposes of these Terms:
- “We,” “us,” “our” means the business owner trading as MediScan ID (ABN: 67285505178)
- “You,” “your” means the subscriber or user of our services
- “Service” means the MediScan ID subscription service including wristband and online profile
- “Wristband” means the NFC-enabled device provided with subscriptions
- “Profile” means your online medical information accessible via the wristband
- “Emergency Responder” means any person who may scan your wristband in an emergency situation
- “Medical Data” means all health-related information you provide for your profile
2. ACCEPTANCE OF TERMS
By accessing or using MediScan ID services, you agree to be bound by these Terms and Conditions, our Privacy Policy, and our Returns and Warranty Policy. If you do not agree to all terms, you must immediately cease using our services.
3. SERVICE DESCRIPTION
MediScan ID provides a subscription-based medical identification service comprising:
- A physical NFC-enabled wristband containing an encrypted link only
- A secure online profile management portal
- Emergency access to medical information via NFC scanning
IMPORTANT: The wristband contains no medical data itself – only an encrypted link to your secure online profile.
4. SUBSCRIPTION AND PAYMENT
4.1 Subscription Model
- MediScan ID operates on a recurring subscription basis
- An active subscription is required for profile accessibility
- Payments are processed securely via Stripe
4.2 Payment Terms
- Subscription fees are charged in advance and will commence 1 year after product purchase
- Payment methods: Credit/debit cards via Stripe
- Prices are GST-free (we are not registered for GST)
- Non-payment may result in immediate service suspension after one retry attempt
4.3 Price Changes
- We may modify subscription fees with 30 days’ written notice
- Changes do not affect current billing cycles already paid
5. USER RESPONSIBILITIES AND OBLIGATIONS
5.1 Account Management
- You must maintain accurate and current information at all times
- You are solely and exclusively responsible for all information accuracy
- You confirm legal authority to manage information for dependents or minors
- You must immediately update information when circumstances change
- If you require help from a staff member a $35 surcharge will apply. But must be given written request.
5.2 Prohibited Uses
- Providing false, misleading, or inaccurate information
- Attempting to access other users’ data or accounts
- Using the service for illegal purposes or activities
- Sharing login credentials with unauthorized persons
- Reverse engineering or tampering with wristband technology
6. NFC WRISTBAND PROVISION AND USE
6.1 Wristband Provision
- Multiple NFC devices can be added per active subscription
- Wristband functionality requires active subscription
- Replacement wristbands subject to warranty terms only
6.2 Care and Maintenance
- You assume full responsibility for wristband care and security
- Report manufacturing defects immediately upon discovery
- Loss, theft, or damage not our responsibility unless manufacturing defect
7. EMERGENCY ACCESS AND CRITICAL ACKNOWLEDGMENTS
7.1 Emergency Access Functionality
- Anyone can access your profile by scanning the NFC wristband
- No verification, authentication, or access controls exist
- Access is immediate and uncontrolled
7.2 CRITICAL USER ACKNOWLEDGMENTS AND CONSENT BY USING THIS SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND CONSENT TO:
- Your sensitive medical information being accessible to ANY person who scans your wristband
- Inherent and significant privacy risks including potential misuse by unauthorized persons
- Possible discrimination, harassment, or exploitation based on your medical conditions
- Risk of identity theft, medical fraud, or insurance/employment implications
- YOU VOLUNTARILY ASSUME ALL SUCH RISKS AND WAIVE ANY PRIVACY CLAIMS AGAINST MEDISCAN ID ARISING FROM SUCH ACCESS
7.3 Access Limitations and Disclaimers
- We do not log emergency access events
- We cannot control who accesses your information
- We cannot verify legitimacy of persons accessing your data
- Emergency access is entirely public and uncontrolled in nature
8. DATA STORAGE AND PRIVACY
8.1 Data Storage
- All data stored on secure Australian servers
- We do not collect IP addresses or scan access logs
- Stripe may process payments through international systems
8.2 Data Retention and Deletion
- Active subscriptions: Data retained while subscription current
- Cancelled subscriptions: Data deleted within a reasonable timeframe following cancellation
- Some technical data may persist in backups for operational requirements
9. COMPREHENSIVE LIABILITY LIMITATIONS AND EXCLUSIONS
9.1 PERSONAL LIABILITY EXCLUSION TO THE FULLEST EXTENT PERMITTED BY LAW, THE BUSINESS OWNER TRADING AS MEDISCAN ID EXCLUDES ALL PERSONAL LIABILITY FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM THIS SERVICE.
9.2 Medical and Emergency Disclaimers
- MediScan ID provides information storage only – NOT medical advice, diagnosis, or treatment
- We are NOT an emergency response service
- Always call 000 for medical emergencies regardless of wristband status
- Do not rely solely on this service during medical emergencies
9.3 Comprehensive Liability Exclusions (Maximum Extent Permitted by Law) WE EXCLUDE ALL LIABILITY FOR:
- Medical outcomes resulting from data accessed via wristband
- Inaccuracies in user-provided information
- Technical failures during emergencies or otherwise
- Data breaches not caused by our gross negligence
- Actions of emergency responders or third parties based on your information
- Discrimination, harassment, or exploitation resulting from information access
- Identity theft, medical fraud, or related consequences
- Any consequential, indirect, special, or punitive damages
9.4 Data Security Limitations While we implement reasonable security measures, no online system is completely secure. You acknowledge inherent risks of digital data storage and waive claims for losses arising from data breaches not caused by our gross negligence or willful misconduct.
9.5 Technical Limitations Disclaimer WE DO NOT GUARANTEE:
- NFC functionality with all devices or in all circumstances
- Data accessibility during network outages or technical failures
- Compatibility with future technology changes
- Uninterrupted or error-free service availability
- Accuracy or completeness of emergency responder actions
9.6 Health Information Risk Acknowledgment YOU ACKNOWLEDGE THAT DISPLAYING MEDICAL INFORMATION VIA NFC CREATES SIGNIFICANT RISKS INCLUDING:
- Identity theft and medical fraud
- Discrimination based on medical conditions
- Unwanted attention, harassment, or stalking
- Insurance or employment implications and disadvantages
- Social stigma or personal safety risks YOU VOLUNTARILY ASSUME ALL SUCH RISKS
9.7 Australian Consumer Law Compliance Nothing in these terms excludes, restricts, or modifies consumer guarantees under Australian Consumer Law that cannot be lawfully excluded. Where liability cannot be excluded, it is limited to the minimum extent permitted by law.
10. FORCE MAJEURE
We are not liable for service delays or failures due to circumstances beyond our reasonable control including natural disasters, cyber attacks, government actions, infrastructure failures, pandemics, or acts of terrorism.
11. TERMINATION
11.1 Termination by You
- Cancel anytime via account portal or written notice
- Notice period of 14 days before payment is due
- Data deleted within reasonable timeframe after cancellation
- No refunds for unused subscription periods
11.2 Termination by Us We may immediately terminate your account for:
- Breach of these terms
- Non-payment of fees
- Suspected fraudulent or illegal activity
- Technical or legal requirements
- Protecting our business interests or other users
12. USER INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MEDISCAN ID AND ITS OWNER FROM ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES (INCLUDING LEGAL FEES) ARISING FROM:
- Your use of the service
- Information you provide or fail to update
- Breach of these terms
- Third-party access to your data via the NFC device
- Any illegal or prohibited use of the service
13. INTELLECTUAL PROPERTY
- MediScan ID owns all intellectual property rights in the platform, technology, and wristband
- You retain ownership of your personal information
- You grant us limited license to use your information solely to provide the service
- You may not reproduce, distribute, or commercialize our intellectual property
14. GENERAL PROVISIONS
14.1 Governing Law and Jurisdiction These terms are governed by South Australian and Commonwealth Australian law. South Australian courts have exclusive jurisdiction over disputes.
14.2 Dispute Resolution
- Contact profiles@mediscanid.com for all complaints
- We will respond within 5 business days
- Unresolved disputes may be escalated through Australian consumer protection bodies (ACCC, OAIC)
- You agree to attempt good faith resolution before legal action
14.3 Unfair Contract Terms Compliance We acknowledge Australian Consumer Law unfair contract terms provisions apply to these terms where applicable.
14.4 Amendment Process
- We may update these terms with 30 days’ written notice
- Material changes will be prominently highlighted
- Continued use after changes constitutes acceptance
- You may terminate if you disagree with changes
14.5 Severability and Interpretation
- If any provision is invalid, remainder remains enforceable
- Terms interpreted to maximum extent permissible under law
- Headings for convenience only
14.6 Entire Agreement These terms, together with our Privacy Policy and Returns Policy, constitute the complete agreement between parties.