Terms of Service
The terms and conditions governing your use of GPguide.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights. Please read carefully before using the Service. We may receive a benefit (which may include a referral fee or commission) should you visit certain third-party websites through a link in the Service.
1. About these Terms
These Terms of Service ("Terms") form a binding agreement between you and New Era Medical Pty Ltd (ABN 89 682 028 708) ("we", "us", "our"), the operator of the GPguide service ("Service").
By creating an account or using the Service, you agree to these Terms. If you are accepting these Terms on behalf of an entity (e.g. a medical practice), you represent that you have authority to bind that entity.
We draw your attention to:
- Our Privacy Policy, which explains how we handle personal information
- Section 4 (Fees), which covers billing, auto-renewal and cancellation
- Section 12 (Liability), which sets out limitations on our liability
- Our Clinical Use Disclaimer and Acceptable Use Policy
2. What GPguide is (and isn't)
GPguide is a documentation drafting support tool designed to help Australian clinicians generate draft templates (e.g. GP care plan and review templates, mental health plan documentation drafts) for clinician review and editing.
GPguide is NOT:
- An electronic medical record (EMR)
- A clinical decision support system
- An AI scribe — it does not record patient consultations
- A provider of medical, billing, or MBS compliance advice
- A substitute for financial, legal, or risk management advice
- A medical device — GPguide is not classified as Software as a Medical Device (SaMD) under the Therapeutic Goods (Medical Devices) Regulations 2002 (Cth) or the Therapeutic Goods Administration (TGA)
All outputs are drafts only and must be reviewed, edited, and approved by the treating clinician before use. Use of GPguide does not remove the clinician's professional responsibility.
3. Patient privacy rule (non-negotiable)
GPguide is designed for non-identifying inputs. You must not enter patient identifying information into GPguide. This includes (without limitation):
- Name, date of birth, address
- Phone number, email address
- Medicare number, DVA number, IHI
- Medical record number (MRN), UR number
- Any other information that could reasonably identify a patient
This approach aligns with OAIC guidance that organisations should be cautious about entering personal (especially sensitive) information into generative AI tools and should apply privacy-by-design practices.
If you accidentally enter identifying information, stop immediately, do not reuse the output, and contact support@gpguide.com.au.
4. Fees, billing and cancellation
You may choose to subscribe to paid plans as described on our website. Paid plans may include monthly or annual billing cycles. Prices are in Australian dollars (AUD) and are inclusive of GST unless otherwise stated. We reserve the right to change pricing with 30 days' notice.
We may offer free trials. At the end of a free trial, your subscription will either convert to a paid plan (if you have provided payment details) or your access will be downgraded, as specified in the trial offer.
Paid subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be billed at the then-current rate at the start of each renewal period.
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period — you will retain access until then. We do not provide refunds for partial billing periods, except as required by Australian Consumer Law or where we discontinue the Service (in which case a pro-rata refund will apply).
Payments are processed by Stripe. We do not store full credit card details on our systems. You must be the authorised card holder and must not pay by fraudulent means.
Unless stated otherwise, all fees are inclusive of GST. If GST is payable on any supply made under these Terms, the amount payable will include GST. We will issue a tax invoice for any taxable supply. Terms used in this clause have the meanings given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
If fees are not paid when due, we may suspend your access to the Service and charge interest on overdue amounts at the Reserve Bank of Australia cash rate plus 2% per annum, calculated daily.
5. Account and licence
You agree to:
- Keep your account information accurate and up-to-date
- Keep your login credentials secure and confidential
- Not share your account or allow others to access the Service using your credentials
- Notify us promptly if you suspect unauthorised access to your account
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your own professional use during the term of your subscription.
You must not:
- Sublicence, resell, or transfer your access to any other person
- Reverse engineer, decompile, or extract source code, prompts, or system logic
- Use the Service for service bureau, outsourcing, or time-sharing purposes
- Scrape, crawl, or bulk-export Service content or outputs
- Introduce viruses, malware, or other malicious code
- Attempt to bypass security controls, authentication, or rate limits
6. Clinician responsibilities
You acknowledge and agree that:
- All GPguide outputs are drafts only and may contain errors, omissions, or inaccuracies
- You must review, verify, edit, and approve all outputs before use in clinical care, patient records, or any other context
- You are solely responsible for the final version of any document created using GPguide
- GPguide does not provide medical, billing, or MBS compliance advice
- Any MBS item references are for informational support only — you must independently review item descriptors, explanatory notes, and Services Australia guidance before claiming
- Use of GPguide does not guarantee Medicare eligibility, rebate entitlement, or compliance with Medicare requirements
- You will not use GPguide to diagnose, triage, prescribe, or make automated clinical decisions
- You will comply with our Acceptable Use Policy
Educational content disclaimer
Where GPguide provides structure, headings, checklists, examples, or suggested wording, these are provided for educational and documentation-drafting purposes only. They do not constitute a clinical guideline and do not replace current local health service policies, college guidance, or relevant legislation and professional obligations. Users should always verify cited material against the most recent clinical guidance.
See also our Clinical Use Disclaimer for further detail.
7. Patient consent and data responsibilities
Where your use of GPguide involves any information relating to patient consultations (even in non-identifying form), you warrant that:
- You have obtained any necessary patient consent for AI-assisted documentation drafting (where applicable under your professional obligations)
- Patients have been informed, where relevant, that AI tools may be used to assist with documentation
- You will comply with all applicable privacy laws and professional standards relating to patient information
You must promptly notify us in writing of any actual or suspected data breach related to the Service and provide reasonable information, assistance, and cooperation as we may request. We will take all reasonable steps to notify you if we become aware of any data breach affecting your account.
You acknowledge and agree that: (a) you must review all GPguide outputs and make such changes as required to ensure accuracy, completeness, and clinical appropriateness; (b) you accept responsibility for the final version of any document created using GPguide; and (c) GPguide outputs are generated using AI technology, which may be inaccurate, incomplete, or at times inappropriate, and are not guaranteed to be clinically appropriate.
8. Intellectual property
We own all intellectual property rights in the Service, including its design, functionality, trademarks, code, and underlying technology. Nothing in these Terms transfers any of our intellectual property to you.
We do not claim ownership of your data. We do not store your drafting inputs or outputs. For information we do hold (e.g. account details), we use it only as described in our Privacy Policy.
If you provide feedback or suggestions about the Service, you grant us an unrestricted right to use that feedback for any purpose (e.g. improving the Service) without obligation or compensation to you.
9. Confidentiality
Confidential information means, in relation to a party, information that is by its nature confidential, is designated as confidential, or that the other party knows or ought reasonably to know is confidential.
Each party must (and must ensure that its personnel) keep confidential and not use or permit any unauthorised use of the other party's confidential information, except:
- Where the information is in, or comes into, the public domain (other than by a breach of this clause)
- Where disclosure is required by law or a regulatory authority
- Where disclosure is to a professional adviser in order to obtain advice, provided the adviser is bound by equivalent confidentiality obligations
- Where disclosure is necessary to perform obligations under these Terms
Each party acknowledges that monetary damages may not be an adequate remedy for a breach of this clause, and that the non-breaching party may seek injunctive or other equitable relief.
10. Availability and third parties
We strive to keep the Service available but do not guarantee 100% uptime. The Service is provided on an "as is" and "as available" basis and may be disrupted for scheduled or emergency maintenance.
The Service relies on third-party providers (e.g. Supabase, Stripe, hosting providers). To the maximum extent permitted by law, we are not liable for disruptions caused by these third parties.
We will try to provide reasonable notice of planned downtime where practicable.
11. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other statutory rights that cannot be excluded ("Consumer Law Rights").
If the Service is not ordinarily acquired for personal, domestic, or household use, our liability for failure to comply with a Consumer Law guarantee is limited (at our discretion) to:
- Supplying the Service again, or
- Paying the cost of having the Service supplied again
Subject to your Consumer Law Rights, we do not provide refunds for change of mind or change in circumstances.
12. Limitation of liability
To the maximum extent permitted by law, neither party is liable for any consequential, indirect, special, or incidental loss — including loss of profit, revenue, data, goodwill, opportunity, or reputation — however caused.
Our total aggregate liability to you for any claim arising from or in connection with these Terms is limited to the amount of fees paid by you in the 12 months immediately preceding the event giving rise to the claim, or AUD $100, whichever is greater.
We are not liable for any loss, damage, or claim arising from your reliance on GPguide outputs without independent clinician review and verification. GPguide outputs are drafts only and are not guaranteed to be accurate, complete, or clinically appropriate.
You agree to indemnify and hold harmless us, our officers, employees, and agents from and against any liability, loss, damage, cost, or expense (including reasonable legal fees) arising from or in connection with: (a) your breach of these Terms; (b) your use of GPguide outputs without proper review; (c) any claim by a third party arising from your use of the Service; or (d) your entry of patient identifying information contrary to Section 3.
13. Suspension and termination
We may suspend your access if we reasonably believe there has been unauthorised access, a breach of these Terms, or use that poses a security or privacy risk. We will notify you within a reasonable time and work with you to resolve the matter.
We may terminate your access if:
- You fail to pay fees when due
- You breach these Terms and do not remedy the breach within 14 days of notice
- You commit a breach that cannot be remedied
- We discontinue the Service (with at least 90 days' written notice and a pro-rata refund of prepaid fees)
You may terminate at any time by cancelling through your account settings or by emailing support@gpguide.com.au. Cancellation takes effect at the end of your current billing period.
On termination, your access to the Service will cease. We will retain data as required by law (e.g. billing records for tax purposes). Sections 3, 7, 9, 11, 12, and 14 survive termination.
14. General provisions
These Terms are governed by the laws of New South Wales, Australia. Any dispute arising from these Terms is subject to the exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.
Before commencing court proceedings, both parties agree to first attempt to resolve any dispute in good faith. If the dispute is not resolved within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre. Nothing in this clause prevents either party from seeking urgent injunctive relief.
We may amend these Terms by providing written notice (e.g. by email or notice within the Service). By continuing to use the Service 30 days after notification, you agree to the amended Terms. If you do not agree, you should stop using the Service and may cancel your subscription.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to a successor or affiliate.
We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, government actions, power failures, internet disruptions, or pandemics.
These Terms, together with our Privacy Policy, Clinical Use Disclaimer, and Acceptable Use Policy, constitute the entire agreement between you and us in relation to the Service.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
These Terms do not create a partnership, joint venture, employment, or agency relationship between you and us.
15. Marketing communications
We may send you electronic communications about our products, services, updates, and features. You may opt out at any time by using the unsubscribe function in our electronic communications or by contacting support@gpguide.com.au.
Service-related communications (e.g. billing confirmations, security alerts, Terms updates) are not marketing and cannot be opted out of while you have an active account.
16. Changes to these Terms
The "Last updated" date above reflects when these Terms were last revised. Material changes will be notified as described in Section 14.3. Continued use of the Service after changes are published indicates acceptance of the updated Terms. For questions, contact support@gpguide.com.au.
17. Contact and notices
Any notice you send to us must be sent to: support@gpguide.com.au
Any notice we send to you will be sent to the email address registered with your account.
Operator: New Era Medical Pty Ltd (ABN 89 682 028 708)
Email: support@gpguide.com.au