eCaptis – Terms of Service

Streamline Solutions Pty Ltd (ABN 29 005 885 361) trading as Medicity

By clicking “I agree”, creating an account, or using eCaptis, you agree to these Terms of Service (“Terms”). If you do not agree, you must not use eCaptis.

These Terms form a binding agreement between Streamline Solutions Pty Ltd trading as Medicity (“Medicity”, “we”, “us”, “our”) and you (“Customer”, “you”). Medicity may update these Terms at any time. If we make material changes, we will notify you by email or through eCaptis. Continued use of eCaptis after the effective date of any update constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using eCaptis.

1. Eligibility
eCaptis is for Australian healthcare professionals and organisations. You must be a registered clinician or an authorised representative of a healthcare provider. eCaptis is not for patient self use.

2. Your Account
You must:
• Provide accurate registration information
• Keep login credentials confidential
• Ensure only authorised staff access eCaptis
• Notify Medicity immediately of any suspected unauthorised access
You are responsible for all activity under your account.

3. Subscription & Payment
• Subscriptions are billed monthly or annually via credit card.
• Fees shown at checkout include GST unless stated otherwise.
• Subscriptions renew automatically unless cancelled.
• You may cancel at any time; access continues until the end of the billing period.
• Failed payments may result in suspension or termination or additional fees.
• If you upgrade or downgrade your eCaptis subscription plan, any change in fees may be applied on a pro rata basis for the remainder of your current billing period. Updated fees will apply from the effective date of the plan change. No refunds or credits are provided for unused portions of a downgraded plan.
Medicity may adjust fees annually with 90 days’ notice.

4. Product Features
• Features, functionality, modules, and interface elements may change, improve, be replaced, or be removed from time to time at Medicity’s discretion.
• Medicity may introduce new features or modify existing features without prior notice.
• Where a change materially reduces core functionality, Medicity will take reasonable steps to notify you.

5. Use of eCaptis
You agree to:
• Use eCaptis only for lawful clinical and administrative purposes
• Ensure your staff are trained
• Follow all reasonable instructions issued by Medicity
• You are solely responsible for ensuring that any PROMs, PREMs, surveys, questionnaires, clinical instruments, or assessment tools used within eCaptis are properly licensed, authorised, or permitted for your organisation’s use. Medicity does not provide, obtain, verify, or manage licensing for any third party clinical instruments. You acknowledge that Medicity is not liable for any infringement, misuse, or unauthorised use of PROMs or other protected materials uploaded, configured, or deployed by you or your authorised users within eCaptis.

You must not:
• Modify, copy, reverse engineer, or interfere with eCaptis
• Introduce viruses, malware, or harmful code
• Use eCaptis unlawfully or outside Australia
• Share access with unauthorised persons
• You must not use eCaptis to send unsolicited, inappropriate, or unlawful communications. All messages, notifications, and communications sent through eCaptis must comply with the Spam Act 2003 (Cth) and any applicable healthcare communication standards. You must ensure that recipients have provided valid consent where required, and you must not use eCaptis to distribute bulk messages, promotional content, or non clinical material unrelated to legitimate healthcare operations. Medicity may suspend or terminate access if eCaptis is used for spamming or any other unauthorised communication activity.

6. Availability
eCaptis may be unavailable due to:
• Scheduled maintenance
• Emergency maintenance
• Hosting provider outages
• Network or telecommunications issues
Medicity does not guarantee uninterrupted availability.

7. Support
Medicity provides:
• Bug fixes
• Server maintenance
• Security monitoring
• Daily backups (best efforts basis)

Support excludes issues caused by:
• Unauthorised modifications
• Operator error
• Faults unrelated to eCaptis
Additional services may be quoted separately.

8. Data Ownership & Privacy
Customer Data
You own all data you upload or generate in eCaptis (“Customer Data”).
You grant Medicity:
• A licence to use Customer Data to provide eCaptis
• A perpetual licence to use aggregated, anonymised data derived from Customer Data to produce product improvements, industry insights, benchmarking reports, research outputs, or other de identified datasets. Medicity may license, transfer, or disclose such anonymised outputs to sponsors, partners, funders, or third parties for commercial or research purposes. All such data will be fully de-identified and will not reveal the identity of any individual, clinician, organisation, or patient.

Privacy
Medicity complies with:
• Privacy Act 1988 (Cth)
• Australian Privacy Principles
• State health records laws
Customer Data is hosted in secure Australian data centres.

9. Security
Medicity implements industry standard security measures including encryption, access controls, monitoring, and backups.
You must maintain reasonable security practices within your organisation.

10. Clinical Safety Disclaimer

a. No Clinical Decision Making
eCaptis does not provide medical advice, clinical judgement, diagnosis, or treatment recommendations. All outputs, prompts, reminders, reports, and data visualisations generated by eCaptis are informational only.
Clinical decisions must always be made by qualified healthcare professionals using their own expertise, training, and professional standards.

b. Professional Responsibility
You acknowledge that:
• You are solely responsible for all clinical decisions, patient care, and treatment actions.
• You must verify the accuracy, completeness, and relevance of any information entered into or generated by eCaptis.
• You must not rely on eCaptis as the sole source of clinical information.
• You must use eCaptis in accordance with all applicable clinical, legal, and regulatory obligations.
Medicity does not assume any duty of care to patients or third parties.

c. Data Accuracy & Completeness
eCaptis relies on information entered by you and your authorised users. Medicity does not guarantee the accuracy, completeness, or clinical suitability of:
• Customer Data
• Automated outputs
• Calculations, summaries, or analytics
• Imported or integrated data from third party systems
You must validate all information before using it in clinical practice.

d. System Availability & Clinical Risk
You must ensure you have alternative clinical processes in place to manage patient care during any period where eCaptis is unavailable.
Medicity is not responsible for clinical outcomes arising from:
• System downtime
• Delayed access
• Data entry errors
• Misinterpretation of information
• Use of eCaptis outside intended workflows

e. Emergency Situations
eCaptis is not designed or intended for:
• Emergency triage
• Critical care decision making
• Real time monitoring of patient deterioration
• Life support or time critical interventions
You must use appropriate clinical systems and protocols for emergency or urgent care.

f. Clinical Governance
You are responsible for:
• Ensuring your organisation has appropriate clinical governance processes
• Training staff in the correct use of eCaptis
• Maintaining compliance with professional standards, accreditation requirements, and regulatory obligations
• Ensuring eCaptis is used only by authorised, trained personnel

11. Suspension
Medicity may suspend access to eCaptis if:
• Fees are unpaid
• You breach these Terms
• Security risks arise
• Unauthorised access is detected
Suspension does not limit Medicity’s right to terminate.

12. Termination
Either party may terminate:
• With 60 days’ notice, or
• Immediately for breach or insolvency

Upon termination:
• Access to eCaptis ceases
• You may request a data export within 60 days
• Medicity may delete data after this period

13. Liability
To the maximum extent permitted by law:
• Medicity excludes indirect or consequential loss
• Medicity’s total liability is limited to fees paid in the prior 12 months
Your rights under the Australian Consumer Law remain unaffected.

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

15. Contact
Streamline Solutions Pty Ltd trading as Medicity
Address: Level 6, 24 Albert Road, South Melbourne Vic 3205 Australia
Support Email: support@medicity.com.au

Version 1.3