1. Getting started
1.1 Accepting our terms
By accessing or using the Platform or clicking “I accept” to this Agreement, you:- (a) acknowledge that you’ve read and understood this Agreement;
- (b) agree to be bound by this Agreement, including the Schedules;
- (c) confirm you have the legal authority to enter into this Agreement and to bind the Health Provider(s) to this Agreement.
1.2 Overview of our Platform
Our Platform consists of three main components:- (a) PMS integration: Connecting with your practice management system to facilitate bookings;
- (b) Payments: Payment processing through one or more Payment Processors to facilitate payments between clients and you;
- (c) Health Funding: Health funding claiming solution through one or more Health Funding Partners, which enables upfront rebate estimates and digital claims.
1.3 Our role
We’re a platform provider only. We’re not a payment processor, payment acquirer, licensed health fund provider, or intermediary. Payment processing is handled by the Payment Processors, health funding claims are processed by the Health Funding Partners, and the bookings system is provided by integrating to your PMS. Our Platform connects all these services.1.4 Platform availability
We’ll use reasonable efforts to keep the Platform available and functioning. However, we do not guarantee uninterrupted access to the Platform and reserve the right to suspend access for maintenance or updates with reasonable notice where possible.1.5 Platform modifications
Technology evolves, and so do we because we are working on continually making your experience better. We might modify the Platform and its features from time to time which might include adding, updating or removing features and functionalities, or updating how certain services work. When we make material changes, we’ll notify you in advance and explain what’s changing. If we ask you to implement any changes or new features, you agree to do so within a reasonable timeframe which is typically 5 days from our request.2. Your responsibilities
2.1 What we need from you
You agree to:- (a) comply with this Agreement
- (b) provide us with accurate and complete information about you and your business
- (c) follow all applicable laws, regulations, and industry standards
- (d) notify us immediately of any unauthorised access of, or data breach relating to, the Services
- (e) maintain required professional licences and registrations
- (f) ßuse the Platform only for its intended purpose as described in this Agreement and, in accessing or using the Platform, comply with our reasonable directions and restrictions regarding access to and use of the Platform
2.2 Things we can’t do together
To keep our Platform safe and trustworthy, you agree not to:- (a) use the Platform for anything illegal, fraudulent, or for a purpose not intended by this Agreement
- (b) submit false health claims
- (c) attempt to compromise our Platform’s security
- (d) share harmful digital content such as malware
- (e) carry on a Restricted Business
- (f) misrepresent your business or credentials
- (g) process transactions outside your business
2.3 Keeping us informed
Please notify us promptly (within 30 days for planned changes, and within three days for significant events) if:- (a) the ownership or control of your business changes
- (b) you experience, or expect to experience, significant financial changes
- (c) your business name, location, or contact details change
- (d) you change your PMS
- (e) you add or remove healthcare providers from your business
- (f) a regulatory or other authority commences an investigation, hearing or disciplinary proceeding against you which is reasonably likely to materially affect your ability to operate your business, provide healthcare services or your use of the Platform (this does not include routine audits, enquiries or standard compliance checks)
3. Services and onboarding
3.1 Choosing your services
You can select which Services you want to use. Each Service has a specific schedule at the back of this Agreement that covers the details:- (a) Schedule 1 applies if you use our PMS Integration Service
- (b) Schedule 2 applies if you use our Payments Service
- (c) Schedule 3 applies if you use our Health Funding Service
- (d) Schedule 4 applies if you use our Government Claiming Service.
3.2 Onboarding process
Our onboarding is designed to be fast and simple. We’ll guide you every step of the way. You’ll need to:- (a) complete onboarding before using each selected Service
- (b) provide accurate information
- (c) understand that access to Services might be limited during verification
3.3 Third party integrations
We don’t work alone. Our Platform connects with other services like Payment Processors for payment processing, Health Funding Partners for health funding claims, and your PMS for bookings to deliver a seamless experience. As part of using the Services, you are bound by the Connected Account Agreement and the Health Funding Partner Terms. The Payment Processors or the Health Funding Partners may update their terms from time to time. We’ll do our best to notify you promptly about those updates if we are made aware of them. If you continue to use the applicable Service after an update, you’ll be taken to have accepted the amendment to those terms.4. Fees
4.1 Understanding our pricing
We’ll charge you the Fees for the Services.4.2 Changes to the Fees
Sometimes we might need to change the Fees. If this happens, we will:- (a) give you at least 30 days’ notice before the change to our Fees takes effect
- (b) where possible and at our discretion, give you the option to stop using a particular Service if you are not satisfied with the new pricing
4.3 GST
All Fees stated exclude GST and other applicable taxes, which must be paid by you.4.4 How you will pay
You irrevocably authorise us to instruct the Payment Processors to deduct and pay us the Fees (plus GST) directly from the amounts paid to you by clients using the Payments Service before the balance is remitted to your Connected Account. This is how you will pay the Fees, unless otherwise agreed or specified in the Pricing Schedule.4.5 HaltH Credits
We may, at our discretion, apply credits to your account (HaltH Credits). If we do:- (a) HaltH Credits may be applied to offset Fees otherwise payable by you, in the manner and order we determine.
- (b) The applicable terms of any HaltH Credits (including their value and expiry date) will be communicated to you at the time of issue and will be visible in your HaltH account.
- (c) HaltH Credits have no monetary value, cannot be redeemed for cash, transferred, or used for any purpose other than offsetting Fees.
- (d) Any unused HaltH Credits will expire in accordance with their applicable terms and will not be carried forward or refunded.
- (e) We may modify or discontinue the HaltH Credits program at any time, but we will not reduce the value or shorten the expiry of HaltH Credits already issued to your account or discontinue the program without giving you at least 14 days’ notice.
5. Data and privacy
5.1 How we handle data
We collect, use, store, and share Personal Data received from you and about you and your clients in accordance with the HaltH Privacy Policy. You consent to us using that Personal Data in accordance with the HaltH Privacy Policy.5.2 Sharing data with third parties
You authorise and instruct HaltH to collect, use and share your and your clients’ Personal Data with the Payment Processors, Health Funding Partners and Health Funds, as applicable, to provide the Services (as applicable).5.3 Getting consent from clients
Before providing or making available any Personal Data relating to your clients to us, you promise that you will have obtained all necessary consents from your clients to the collection, use and sharing of their Personal Data with us, the Payment Processors, the Health Funding Partners and relevant Health Funds (as applicable) for the purposes of providing the Services.5.4 Ownership and storage of data
- (a) You will comply with all applicable privacy and information laws as they relate to your collection, use, sharing, and storage of your clients’ Personal Data.
- (b) We store Personal Data about you and your clients that we receive through the Platform in a reputable cloud database according to industry standards and take reasonable steps to ensure that appropriate security measures are in place.
- (c) We also store Personal Data about you and your clients in accordance with our retention policy, which is designed to keep information only as long as necessary to provide our Services and comply with our legal obligations. We are not responsible for retaining health information or records collected through the Platform for any prescribed period.
- (d) Even though we will store Personal Data as securely as possible, you understand that our ability to recover Personal Data about you or your clients received through the Platform may be limited if there is a data loss. You are not relying on us to save critical Personal Data about you or your clients, and you are responsible for maintaining your own backups.
5.5 Security responsibilities
To help us protect the security of the Platform, you agree that:- (a) you will not do anything that might compromise our systems or information security
- (b) you’re responsible for keeping your login details to the Platform secure
- (c) you’ll notify us immediately about any unauthorised access
- (d) you’ll implement appropriate security measures including strong passwords, updated systems, access controls, and staff training
5.6 International data transfers
If we transfer Personal Data outside Australia, we’ll take reasonable steps to ensure it is handled consistently with the Privacy Act and Australian Privacy Principles. By using the Platform, you acknowledge that Personal Data relating to you and your clients may go to recipients in countries with different privacy laws.5.7 Handling data breaches
If one of us becomes aware or suspects that a data breach occurs involving any actual or suspected unauthorised access to, acquisition of, or disclosure of any Personal Data shared between us has occurred, that party must:- (a) take reasonable steps to contain the data breach and prevent any further serious harm to affected individuals
- (b) immediately notify the other party about the data breach
- (c) conduct a thorough investigation of the data breach within 20 days of becoming aware of it and provide a copy of the report to the other party
- (d) engage in discussions with the other party about the conduct and outcome of the investigation, any required notifications under the Privacy Act, and any notifications to affected individuals
6. Intellectual Property
6.1 Our IP
- (a) All intellectual property rights to the Platform, including trademarks, logos, software, and designs, remain our property and you do not get any rights in relation to that intellectual property.
- (b) You must not use our trademarks, logos, or branding without our written permission.
- (c) You must not copy, alter, modify, reproduce, or reverse-engineer the Platform or the Services.
6.2 Your IP
You grant us:- (a) a non-exclusive, royalty-free, worldwide licence to use your name and logo as a user of our Platform in our marketing and website
- (b) a licence to use, publish, reproduce, modify, translate, adapt and otherwise exploit the information, material and other intellectual property rights made available to us by you for the purpose of providing the Services
6.3 Pre-existing IP
Each of us retains the intellectual property we owned before we entered into this Agreement with each other. Nothing transfers ownership of that pre-existing intellectual property between us.6.4 Your feedback
If you give us any feedback or suggestions about our Platform, you grant us a free, perpetual right to use, modify and incorporate those ideas into our Services or Platform.7. Term and Termination
7.1 How long our agreement lasts
This Agreement commences when you are enrolled into the Platform and continues until you or HaltH terminates it in accordance with this Agreement. This is the term.7.2 Termination
- (a) You can terminate this Agreement at any time and for any reason by giving us 30 days’ written notice.
- (b) We can terminate this Agreement immediately by notice to you if:
- (i) you breach this Agreement and, if the breach can be remedied, you do not fix it within 10 days of receiving notice from us
- (ii) a Payment Processor, Health Funding Partner, or regulatory authority instructs us to terminate
- (iii) you breach any Payment Network Rules or Health Fund rules
- (iv) you engage in fraud or other unlawful activity
- (v) you misuse the Platform
- (vi) you experience, or are likely to experience, an Insolvency Event
- (vii) we reasonably believe you, or your use of the Platform, poses an unacceptable risk to the Platform, HaltH or other users of the Platform
7.3 Stopping a specific Service
We might end your access to a specific Service without terminating the whole Agreement. For example:- (a) if a Payment Processor suspends your Connected Account, we may stop the Payments Service but keep providing the other Services
- (b) if a Health Funding Partner terminates your ability to submit health funding claims, we may choose to only end your Health Funding Service
7.4 Pausing access
Instead of terminating, we might decide (in our discretion) to temporarily suspend your access to the Platform or a particular Service if:- (a) we reasonably think that it is appropriate to protect the Platform’s security or performance, including if we suspect unauthorised or fraudulent use
- (b) we detect fraudulent activity
- (c) we need to verify your information or carry out risk assessments
- (d) a Payment Processor, Health Funding Partner, Health Fund, or regulator requests it
7.5 What happens on termination
- (a) On termination of this Agreement, you must immediately stop using the Platform and Services. HaltH will not be required to provide any refund or credit of Fees paid.
- (b) After termination, we’ll retain your and your clients’ Personal Data only as required by law or as necessary to protect our legal interests. We’ll delete or anonymise other data in accordance with our data retention policies.
- (c) The Continuing Clauses survive termination of this Agreement.
8. Confidentiality
- (a) We’ll both keep each other’s confidential information private and confidential. This includes business information, technical information, pricing, and any other information reasonably considered confidential. However, this does not include information that has become publicly available through no fault of the recipient or was known to the recipient before disclosure.
- (b) We’ll both protect confidential information carefully, only use it for the purposes of this Agreement, limit access to personnel or advisors who have a need to know and not share it with others without permission (other than as required by law).
- (c) The confidentiality obligations last for three years after this Agreement ends.
9. Warranties
9.1 Your promises to us
You warrant and confirm, as at the date that you enter into this Agreement and during each day of the term, that:- (a) you have the right, power, and capacity to enter into this Agreement
- (b) you have all necessary licences and approvals to operate your business and access and use the Platform
- (c) you comply with all applicable laws with respect to your business
- (d) your use of the Platform will not violate or infringe upon any third party rights
- (e) you do not, and will not, carry on a Restricted Business
- (f) you have not submitted any false health funding claims, and all health services for which you process health funding claims through the Platform will be medically necessary and eligible for benefits under the applicable Health Fund policies
- (g) you are authorised to initiate payments and debits from the bank accounts you register with the Platform
- (h) you maintain, and will maintain, appropriate professional indemnity and public liability insurance coverage for your business
- (i) you have obtained all necessary client consents for the collection, use, and disclosure of their personal information through the Platform
- (j) the client information you submit through the Platform (including for health claims) is accurate, complete, and properly authorised by the client
9.2 Our promises to you
We warrant, as at the date that we enter into this Agreement with you and during each day of the term, that:- (a) we have the right, power, and ability to enter into and perform under this Agreement
- (b) we will provide the Platform professionally in accordance with industry standards
- (c) we will use reasonable security measures to protect data processed through the Platform
- (d) we will comply with applicable laws in our provision of the Platform
- (e) we will not knowingly infringe any third party intellectual property rights in providing the Platform
9.3 Important disclaimers and acknowledgements
- (a) We provide the Platform to you “as is” and “as available”.
- (b) We do not guarantee:
- (i) that the provision of the Services and the Platform will be uninterrupted, free of delays, error free, or free of viruses or bugs
- (ii) the security of any information sent via the internet, and we are not responsible for any loss, corruption or interception of data which occurs outside of HaltH’s digital systems (such as those which occur while being sent over the internet)
- (c) You acknowledge that we are not a health services provider and are not liable in any way for the care of a client. You are solely responsible for the care of your clients.
- (d) You are solely responsible for the provision of healthcare to your clients and managing your relationship with them. We are not a party to your arrangements or dealings with clients.
- (e) The Platform might contain information and advertising from third parties and link to third party websites. We do not endorse or take on any responsibility for that content.
- (f) To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. However, we do not intend to exclude or unlawfully restrict the application of warranties, conditions or terms for the supply of services that cannot be excluded by law.
10. Liability
10.1 What we’re not liable for
- (a) To the maximum extent permitted by law, we’re not liable to you, your Affiliates or your team for any indirect, special, incidental, or consequential loss or damage, including lost profits or revenue, data, goodwill, or business opportunity or reputation.
- (b) You understand that we’re not responsible to you or your clients for things like payment processing errors, rejections of health funding claims, reverses or clawbacks, third party service failures who are integrated with the Platform (such as your PMS, the Health Funding Partners or the Payment Processors), or for the services you provide to, or the obligations you owe, your clients.
10.2 Our total liability
To the maximum extent permitted by law, HaltH’s total liability to you and your Affiliates in relation to any claims arising under or in connection with this Agreement or the Services is limited to the greater of: the total amount of Fees you’ve paid to us (excluding all pass-through fees) in the three month period immediately before the event giving rise to the liability, and (ii) $500.10.3 Exclusions from limitation
The limitations set out in this clause do not apply to fraud.11. Indemnities
You indemnify HaltH and its officers, directors, employees, contractors, and agents from and against any claims, actions, proceedings, losses, damages, expenses, and costs (including reasonable legal fees) arising out of or in connection with:- (a) your breach of this Agreement;
- (b) your use of the Platform;
- (c) any inaccurate content or information you submit to or through the Platform;
- (d) your violation of any law or the rights of a third party;
- (e) any unauthorised transactions conducted through your HaltH account.
12. Insurance
You need to maintain the following insurance policies with reputable insurers during the term:- (a) professional indemnity insurance ($10 million per claim);
- (b) public liability insurance ($20 million per occurrence).
13. Dispute resolution
If we end up in a dispute, we both agree to try to resolve any disputes by first negotiating in good faith. If we can’t resolve the issue within 30 days, either one of us can refer the matter to the Resolution Institute for mediation. If that hasn’t resolved it, then we’ll both be free to commence legal proceedings.14. General
14.1 Relationship of parties
Nothing in this Agreement creates a partnership, joint venture, general agency, or employment relationship between the parties. Each party is an independent contractor and neither party has authority to bind the other.14.2 Notices
- (a) Notices under this Agreement must be in writing and sent by email to the email addresses specified during account registration or as updated by either party. Otherwise, they can be sent by registered post to the physical address provided during account registration.
- (b) Email notices are deemed to have been received 24 hours after sending, unless the sender receives an error message. Otherwise, for registered post, three business days after posting within Australia.
- (c) By accepting this Agreement or using any Service, you consent to being sent automated messages, emails, or notifications regarding your account, service updates, or other important information.
14.3 Assignment
You are not permitted to assign or transfer this Agreement or any rights or obligations under this Agreement without our prior written consent, which may not be unreasonably withheld. We can assign this Agreement or any rights or obligations under this Agreement without your consent to an Affiliate of ours, or as part of a corporate reorganisation or sale of substantially all of our assets.14.4 Subcontracting
We can subcontract any of our obligations under this Agreement without your consent, but we remain responsible for the performance of those obligations.14.5 Entire agreement
This Agreement, including all Schedules and Annexures, constitute the entire agreement between you and HaltH in relation to the Platform and supersede all prior agreements and understandings in relation to this content.14.6 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.14.7 Waiver
No failure or delay in exercising any right under this Agreement will constitute a waiver of that right. No waiver of any right will be effective unless in writing and signed by the party waiving the right.14.8 Force majeure
Neither of us will be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, war, epidemics, power failures, and government actions (Force Majeure Event). The party delayed or unable to perform its obligations as a result of the Force Majeure Event will promptly notify the other party of any delay arising from the Force Majeure Event, and use its best efforts to resume performance of this Agreement as soon as possible.14.9 Governing law
The law in New South Wales governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.14.10 Amendments
HaltH may, at any time, amend this Agreement by giving you at least 30 days’ notice. If you do not want to receive the Services after the amendment, you may terminate this Agreement in accordance with clause 7.2(a). Your continued use of the Platform or Services after the effective date of the amendment will be taken as acceptance of the changes.15. Dictionary
15.1 Definitions
Affiliate means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with another entity. API means application programming interface. Card Present Transactions are in-person payments where a client physically presents their card at your business. Connected Account Agreement means the agreement between you, as the Health Provider and each Payment Processor, which is available here. Continuing Clauses means clauses 5 (Data and Privacy), 6 (Intellectual Property), 7.5 (What happens on termination), 8 (Confidentiality), 10 (Liability), 11 (Indemnities), and 14 (General). Control means direct or indirect ownership of more than 50% of the voting power or equity in an entity. Fees means the fees payable by the Health Provider to HaltH for the Services as specified in the Pricing Schedule. Government Claiming Service means the government claiming services described in Schedule 4. GST means GST as defined under A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended or replaced. HaltH Privacy Policy means the privacy policy located here. HealthClaims Processing Solution means the service provided by the Health Funding Partners to process health funding claims. Health Provider means a provider of health services, whether a person or organisation, who has submitted an application through the Platform to use the Services, and which is bound by this Agreement. Health Fund means a private health insurance company that participates in the HealthClaims Processing Solution. Health Funding Service means the health funding claiming services described in Schedule 3. Health Funding Partner means a third party which provides health funding claims services for the Platform, which is currently HealthPoint Claims Pty Limited (ACN 093 721 423) but which may be changed or added to by us in accordance with this Agreement. Health Funding Partner Terms means the terms and conditions between a Health Provider and the Health Funding Partners, which is available here. Insolvency Event means in relation to a party, when:- (a) a receiver, receiver and manager, trustee, administrator, liquidator, other controller (as defined in the Corporations Act) or similar official is appointed over any of the assets or undertaking of the party
- (b) the party suspends payment of its debts generally
- (c) the party is or becomes unable to pay its debts when they are due or is or becomes unable to pay its debts or is presumed to be insolvent within the meaning of the Corporations Act 2001 (Cth)
- (d) unable to pay its debts or is presumed to be insolvent within the meaning of the Corporations Act 2001 (Cth);
- (e) the party enters into or resolves to enter into any arrangement, composition or compromise with, or assignment for the benefit of its creditors or any class of them
- (f) the party ceases to carry on business or threatens to cease carrying on business
- (g) a resolution is passed or any steps are taken to appoint, or to pass resolution to appoint, an administrator to the party
- (h) an application or order is made for the winding up or dissolution of the party or a resolution is passed or any steps are taken to pass a resolution for the winding up or dissolution of the party, otherwise than for the purpose of an amalgamation or reconstruction that has the prior written consent of the other party
15.2 Interpretation
- (a) To the extent permitted by law, no provision of this Agreement will be construed against any party on the basis of that party drafting that provision.
- (b) References to “includes” or “including” not followed by “only” or a similar word mean “includes, without limitation” and “including, without limitation,” respectively.
- (c) All references in this Agreement to any terms, documents, legislation or regulations are to those items as they may be amended, supplemented or replaced from time to time. All references to APIs and URLs are references to those APIs and URLs as they may be updated or replaced.
- (d) The section headings of this Agreement are for convenience only, and have no interpretive value.
- (e) Unless expressly stated otherwise, any consent or approval that may be given by a party is only effective if given in writing and in advance and may be given or withheld in the party’s sole and absolute discretion.
- (f) References to “business days” means weekdays on which banks are generally open for business in Sydney, New South Wales. Unless specified as business days, all references in this Agreement to days, months or years mean calendar days, calendar months or calendar years.
- (g) Unless expressly stated to the contrary, when a party makes a decision or determination under this Agreement, that party has the right to use its sole discretion in making that decision or determination.
Schedule 1 – PMS Integration Service
If you’re using our PMS Integration Service, this schedule applies to you. This service is about giving your clients a better experience while securely collecting payment information upfront. Here’s how it works and what we both need to do.1.1 How our PMS integration works
We connect our Platform with your practice management system through an API.1.2 What you’ll need on your end
To make this work smoothly, you’ll need a current Practice Management System with API capabilities.1.3 Setting up and maintaining the integration
For us to connect everything properly, you’ll need to:- (a) share your API credentials with us so we can integrate with your PMS system
- (b) keep those credentials updated if they ever change
- (c) make sure your system stays compatible with our Platform
- (d) work with us during the initial setup and any later updates
- (e) let us know at least 30 days before you make any system changes that might affect our integration
1.4 Your ongoing responsibilities
To keep things running smoothly, you’ll need to:- (a) give us the access and information we need to maintain the integration
- (b) keep your appointment schedule accurate and up-to-date
- (c) promptly update any cancellations or changes in your system
- (d) let us know if you switch to a different practice management system
1.5 How we handle payment information
- (a) When a client books an appointment through our Platform, we’ll collect their payment details, tokenise them and then store them securely through and with one or more Payment Processors or another provider we select.
- (b) If you use the Payments Service, we may use this stored information to process future payments as outlined in Schedule 2.
1.6 Compatibility and support
- (a) We aim to support most major practice management systems, but we can’t guarantee compatibility with every system or feature.
- (b) We’ll provide technical support to help resolve any integration issues, but some problems might require help from your PMS vendor.
- (c) We’re not responsible for any changes your PMS vendor might make that affect our integration.
1.7 What we’re not responsible for
We do not take responsibility for:- (a) whether clients actually show up to an appointment, or make a late cancellation of an appointment
- (b) the accuracy of the contact details or payment details that clients provide during the booking process
- (c) calendar or scheduling errors
- (d) any issues caused by your PMS
1.8 When you change your system
- (a) If you’re planning to change your PMS provider or make significant changes to your existing system, please let us know at least 30 days in advance.
- (b) System changes usually require us to redo the integration and testing, and we’ll need your cooperation to make that happen.
- (c) If you don’t give us enough time to adapt to any changes you make to your PMS or existing system, there’s a risk that there may be disruptions to your bookings experience.
Schedule 2 – Payments Service
If you’re using our Payments Service, this schedule applies to you. This service enables you to offer your clients a digital payment experience. Here’s what you need to know.1.1 How our payment service works
- (a) We’ve built our Platform to work with Payment Processors, who process payments made by your clients through the Platform. We’ve set up the Platform so that you can deal directly with us and not have to think about the back end, but it’s important to be clear that we don’t process payments or handle any money. This is done by Payment Processors.
- (b) Client payments are processed by Payment Processors and, once all relevant fees have been deducted (including our Fees), the balance is remitted to your Connected Account before being transferred to your designated bank account.
1.2 Your agreement with Payment Processors
As a condition of using the Payments Service, you agree to be bound by the Connected Account Agreement.1.3 Getting set up
- (a) Before you can start using the Payments Service to process payments, you’ll need to complete the onboarding process required by each Payment Processor. This includes providing all the information and documentation they need for verification.
- (b) As part of the verification process, you may need to provide additional documentation such as business registration documents, identification, or financial statements.
- (c) Once you’ve onboarded, we’ll create and manage an account for you with each Payment Processor to enable you to use the Payments Service (Connected Account).
1.4 What we can do with your account
You authorise us to do the following things on your Connected Account on your behalf:- (a) create and manage your Connected Account, including closing your Connected Account
- (b) initiate payments, refunds, and other transactions from the Connected Account
- (c) handle any chargebacks or disputes that arise
- (d) access your transaction data as needed
- (e) communicate with the relevant Payment Processor about your Connected Account when necessary
1.5 Your access to your Connected Account
- (a) You acknowledge that your access to your Connected Account is controlled by HaltH, which means that you won’t have direct access to or control over the Connected Account. You also agree not to exercise any right you might have under the Connected Account Agreement to terminate HaltH’s access to your Connected Account.
- (b) If you need any support or have any questions relating to the Payments Service, you’ll need to reach out to us first.
1.6 Following the rules
In relation to the Payments Service, you’ll need to comply with:- (a) Payment Network Rules
- (b) regulations about surcharge limits
- (c) anti-money laundering and counter-terrorism financing laws
- (d) PCI-DSS security standards when handling payment information, which means you should never store sensitive card data such as CVV2 codes (which is the 3-to-4-digit security code on the back or front of payment cards) and should implement appropriate security measures
1.7 Charging your clients
You agree that any late cancellation or no-show fees charged to your clients through the Platform or using the Services will be limited to the amounts specified in your cancellation policy as clearly disclosed to clients during the booking process on the Platform.1.8 Restricted business
You confirm that your business is not a Restricted Business and that you do not, and will not, use the Payments Service to conduct a Restricted Business, transact with a Restricted Business, or enable anyone to benefit from a Restricted Business.1.9 Payouts
Your funds from transactions will typically be paid out from your Connected Account to your designated bank account within two to three business days. We may change this timeframe by providing you with at least 30 days’ notice of any changes to settlement periods.1.10 Handling chargebacks and transaction disputes
- (a) You’re responsible for all chargebacks, refunds, disputes, reversals, fraudulent transactions, and fines and other charges related to transactions involving your clients. These are called ‘Merchant Losses’ in this Agreement.
- (b) You understand that the Payment Processors can hold both you and us responsible for Merchant Losses. This means that the Payment Processors can recover these Merchant Losses directly from us, even though it isn’t our fault. If we need to pay any Payment Processor for Merchant Losses, you agree to reimburse us immediately.
- (c) To give us some more protection here, you give us permission to do any one or more of the following things:
- (i) deduct any Merchant Losses from your future payouts from your Connected Account;
- (ii) debit any bank account you’ve provided to us to collect any Merchant Losses and, if requested by us, enter into a direct debit service agreement or other documentation required to effectively authorise us to direct debit that bank account for this purpose;
- (iii) invoice you for these amounts.
- (d) If your Connected Account ever has a negative balance, you’re responsible for immediately repaying that amount to us if we’re liable to a Payment Processor for it.
- (e) You understand that chargeback and dispute rates exceeding Payment Network thresholds may result in additional fees, monitoring programs, or suspension of payment processing services.
1.11 Tracking your transactions
- (a) We’ll ensure you have access to the Platform to monitor your transactions. You’ll be responsible for reconciling the records provided through the Platform with your own accounting records.
- (b) If you spot any discrepancies in transaction processing or settlement amounts, let us know as soon as possible and no later than 60 days after the relevant discrepancy occurred.
- (c) We’ll work with you and the relevant Payment Processor to resolve any reported issues.
1.12 Changing Payment Processors
We reserve the right to change or add to the Payment Processors. If we do that, you agree to do whatever is reasonably necessary to switch to or add the new payment processor.1.13 Your promise to protect us (indemnity)
You agree to protect and indemnify HaltH and our team (including our related bodies corporate, officers, directors, employees, contractors and agents) against claims, losses, and costs arising from or in connection with:- (a) fines, penalties, assessments or other amounts imposed by card networks, financial institutions, or regulators due to your breach of card scheme rules, anti-money laundering regulations, or any part of the Connected Account Agreement;
- (b) Merchant Losses;
- (c) any violations of the Connected Account Agreement or the Payment Network Rules by you or your team;
- (d) any amounts any Payment Processor (or its Affiliates) recovers from us for transactions processed on your behalf, including negative balances.
1.14 Foreign transaction fees
Additional fees may apply for transactions involving foreign currencies or international payments. These will be disclosed in your pricing documentation.1.15 Defined terms
Capitalised terms not otherwise defined in this Schedule or this Agreement have the meaning given in the Connected Account Agreement.Schedule 3 – Health Funding Service
If you’re using our Health Funding Service, this schedule applies to you. This service enables you to offer your clients upfront health funding rebate estimates as part of the booking process and process digital health funding claims. Here’s what you need to know.1.1 How the health funding service works
We’ve connected our Platform with the Health Funding Partners, who submit health funding claims to Health Funds on your behalf. The Health Funds may then pay out these claims directly to you.1.2 Your agreement with the Health Funding Partners
As a condition of using the Health Funding Service, you agree to be bound by the Health Funding Partner Terms.1.3 Getting started
Before you can start using the Health Funding Service, you’ll need to complete each Health Funding Partner’s onboarding process. This includes providing accurate information about your business so we can register you with each relevant Health Funding Partner and Health Fund.1.4 What we can and can’t do
- (a) While we provide the connection, we’re not responsible for:
- (i) the actual health claims processing (including any delays or errors)
- (ii) system failures or interruptions
- (iii) payment disputes between you and your clients
- (iv) rejected claims
- (v) other issues with a Health Funding Partner’s service or Health Fund responses
- (b) You’ll need to handle any discrepancies directly with the Health Funds and your clients.
- (c) You understand that the Health Funding Partners and Health Funds might have additional requirements or restrictions on your use of their services.
- (d) You recognise that if your actions cause any Health Funding Partner or Health Fund to suffer losses, they might try to recover those from us. If that happens, we may need to recover them from you. You agree to reimburse us immediately for any amounts we have to pay because of your actions or rule violations.
- (e) You understand that rejected claims are your responsibility to address, which may include resubmitting corrected claims or handling patient billing directly.
1.5 Following the rules
You’ll need to comply with all Health Fund regulations, professional standards for your business, and other applicable laws.1.6 Cooperating with audits
Health Funding Partners or Health Funds may audit claims to ensure compliance. You agree to cooperate with these audits and provide any requested information.1.7 Keeping claims and documentation accurate
- (a) You must ensure that all claims you submit through our Platform are lawful, accurate, and properly authorised.
- (b) You must ensure that all documentation submitted in connection with health claims is accurate, complete and complies with each Health Funding Partner’s and Health Funds’ requirements.
1.8 Client consent
You need to obtain your client’s consent before submitting health funding claims on their behalf.1.9 Health fund participation
- (a) Each Health Fund can choose to opt in or opt out of various features whenever they want. This includes digital claiming processes.
- (b) Although we’re working with Health Funding Partners and Health Funds to get as many Health Funds as possible to accept the digital claims process offered through the Platform (Card-Not-Present transactions), we can’t guarantee that a particular Health Fund will opt in or that Health Funds won’t opt out at some point.
- (c) If a Health Fund chooses to opt out of any feature that we have provided through the Platform, that could impact the ability to process claims for that Health Fund through the Platform. If that happens, you must still retain transaction records for that Health Fund as required under applicable law.
- (d) A Health Fund can suspend or terminate your ability to use the HealthClaims Processing Solution at any time. We’re not responsible if that happens.
- (e) We’ll make a reasonable effort to notify you of any changes in Health Fund participation that affect your ability to process claims through our Platform.
1.10 Keeping records
- (a) You must keep all records related to health services and claims for at least 5 years (or longer if required by law).
- (b) You need to be able to provide supporting documentation for any claim if requested by us, a Health Funding Partner or a Health Fund. This might include treatment records, appointment schedules, consent forms, and invoices.
- (c) If you can’t provide requested documentation, benefits might be reversed and your access to the Health Funding Service suspended.
1.11 Changing Health Funding Partners
We reserve the right to change or add to Health Funding Partners. If we do that, you agree to do whatever is reasonably necessary to switch to or add the new health funding claims partner.1.12 Your promise to protect us (indemnity)
You agree to protect and indemnify HaltH and our team (including our related bodies corporate, officers, directors, employees, contractors and agents) against claims, losses, and costs arising from or in connection with:- (a) any claims made against us by any Health Funding Partner or any Health Fund, or amounts paid by HaltH, in respect of your use of the Health Funding Service;
- (b) any breach by you or your team of the Health Funding Partner Terms or the rules of a Health Fund, including audits or investigations;
- (c) false, inaccurate, or unauthorised health funding claims;
- (d) failure to comply with Health Fund regulations or applicable laws;
- (e) failure to get valid client consent for collecting or sharing their Personal Data with any Health Funding Partner or Health Fund;
- (f) any claims for services that weren’t provided, were misrepresented, or weren’t eligible for Health Fund benefits.
Schedule 4 – Government Claiming Service
If you’re using our Platform to process claims with government bodies like Services Australia (Medicare) or the Department of Veterans’ Affairs (DVA), this schedule applies to you.1.1 How the government claiming service works
This service enables you to verify patient eligibility and submit claims to government payers (like Medicare and DVA). Unlike private health funds, these claims are processed directly with the government agency or through their specific networks.1.2 Getting set up
Government claiming has strict registration rules. Before you can use this service, you need to:- (a) ensure you are validly registered with the relevant government agency (for example, by having an active Medicare Provider Number);
- (b) complete any required registrations or set up with Services Australia or the relevant government agency (such as registering your software instance via HPOS or signing the Online Claiming Provider Agreement) – see paragraph 1.6 for how we may assist you with this step;
- (c) authorise HaltH (including via HPOS) to submit claims on your behalf via the Platform.
1.3 Following the rules
Government claiming is highly regulated. You agree that you will:- (a) comply with all applicable laws, including the Health Insurance Act 1973 (Cth), relevant DVA regulations and the regulations relating to any other applicable government health funder;
- (b) only submit claims for services that are medically necessary and eligible for the relevant benefit; and
- (c) cooperate with any audits or requests for information from Services Australia or other government agencies.
1.4 Keeping records
Government agencies require you to keep records for longer than standard commercial terms. You must keep all records related to government claims (including patient referrals and treatment notes) for at least the period required by law (generally two to five years). You need to be able to produce these if audited by us or the government.1.5 What we’re not responsible for
While we provide the technology to send the claim, we are not responsible for:- (a) whether a patient is eligible for a benefit;
- (b) claims that are rejected by the government agency; or
- (c) repayments or “clawbacks” if the government decides a claim was incorrect.
1.6 Assistance with registration
To activate claiming through the Platform, HaltH may assist you in completing and submitting relevant claiming registration forms to Services Australia, DVA or any other government agency on your behalf. If you choose to use this assistance:- (a) Appointment as administrative agent. You appoint HaltH as your authorised administrative agent for the limited purpose of preparing and submitting registration forms to Services Australia or other relevant government agencies. Your consent to this appointment will be confirmed during onboarding for this service.
- (b) What we will and won’t do. We may pre-populate registration forms using the information you provide us and, once you have reviewed and signed the relevant documentation, submit it to the relevant government agency on your behalf. We will not sign any form or declaration on your behalf because you are responsible for reviewing and signing all documentation before it is submitted.
- (c) Accuracy of information. You are responsible for reviewing and confirming the accuracy of all information in any form before you sign or approve it for submission. We are not responsible for rejections, delays, or errors arising from information you provide that is inaccurate or incomplete.
- (d) Submissions on your behalf. Where we submit forms to a government agency on your behalf, we will clearly identify ourselves as acting in an administrative capacity on your behalf and maintain records of all submissions made.
- (e) No responsibility for agency decisions. We are not responsible for rejections, processing delays, or decisions made by Services Australia or any other government agency in connection with your registration.
1.7 Your promise to us (indemnity)
Because government agencies can reclaim money if they find errors, we need specific protection here. You agree to protect and indemnify HaltH and our team against claims, losses, and costs arising from:- (a) any demand from a government agency to repay benefits processed through your account;
- (b) any failure by you to maintain valid registration or authorisation;
- (c) inaccurate information provided by you to HaltH for registration purposes; or
- (d) claims submitted for services that were not provided or not eligible for a rebate.