Terms of use

Welcome to the MediStays website located at https://www.medistays.com.au (the “Site”) which is owned and operated by MediStays Aust Pty Ltd ACN 632 266 267 (“MediStays).

The Site has been designed to support and assist people on a health journey to find and book accommodation.

This page explains important information regarding your use of the Site. These Terms of Use (the “Terms”) apply to the use of the Site, the content of the Site, and any material accessed through the Site. The terms “you” and “your” refer to the user or viewer of the Site or the user of information contained in, or accessed through, the Site.

It is important that you read and understand the following Terms. By placing a booking and/or continuing to use and access the Site, you are deemed to have accepted the Terms. MediStays reserves the right to change these Terms by posting the amended Terms on the Site without further notice whereupon they will take immediate effect. If you do not agree with these Terms, do not use or access the Site, contact our care navigators or make any bookings.

Certain legislation in Australia may provide consumer guarantees or impose obligations on MediStays which cannot be excluded, restricted or modified, or only to a limited extent. These Terms are subject to such legislation, including without limitation the Australian Consumer Law. This Site is only directed at customers of legal age. By accepting these Terms you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use or access this Site or place a booking through this Site.

Content

MediStays has exercised due care in ensuring the accuracy of the material contained on this Site. All information is provided as general guidance and is not a substitute for independent professional advice. All information about individual accommodation and service partners is independent of MediStays. The accommodation displayed on the Site are third party offerings, meaning the goods and services are offered for sale by accommodation and service partners (the “Partner”).

Information on this Site related to any eligibility or assessment of eligibility for accommodation, transport, medical, financial or practical support, services or assistance is provided for your guidance only. It should not be relied upon as a final determination or assessment of any eligibility for such services or support.

Every effort has been made to ensure that the content on the Site is credible and regularly updated. Users should evaluate its accuracy, completeness, currency, relevance and suitability for their purposes, and should obtain appropriate professional advice relevant to their personal circumstances. MediStays cannot guarantee and assume no legal liability or responsibility for the information and services published on the Site and disclaims all liability for any errors or other inaccuracies relating to the information and description of the accommodation (including with respect to photographs and lists of amenities).

You acknowledge that your use of any content on this Site is entirely at your own risk and that the information and services published on the site may contain inaccuracies or errors. MediStays does not accept any liability for any injury, loss or damage incurred by use of or reliance on the Information or this Site, including, but not limited to, errors, omissions or inaccurate information.

Accommodation bookings

MediStays is not an accommodation provider. MediStays provides an accommodation booking service (online and via telephone) with Partners. Partners offer rates and conditions to MediStays that are exclusively for people requiring health and medical accommodation. This includes, but is not limited to, patients, carers, families and medical and hospital staff. If you make a booking through the Site for accommodation, that booking is made with the Partner named on the booking page and the Site only acts as a user interface. Accordingly, MediStays has no responsibility for the booking or the accommodation or service as MediStays has no involvement in providing the services that you book. If you have any issues or disputes around your booking and/or the services, you agree to address and resolve these with the Partner and not with us.

By making a booking via MediStays you enter into a direct  contractual relationship with the Partner providing the accommodation you choose. All bookings are subject to the Partners terms and conditions, which should be read in conjunction with these Terms. Your interactions with our Partners is at your own risk. MediStays will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Partner or for any personal injuries, death, property damage or other damages or expenses resulting from your interactions with our Partners.  

Payments

Payments for booking are made directly to MediStays for the accommodation or service booked. Payment is due on the day of your booking. When you provide your credit card details as part of the booking process, these details will be processed using Stripe. Stripe uses SSL and the most stringent level of certification available for payments. MediStays is solely responsible for processing payment according to the Partner’s terms. All prices are in Australian Dollars (AUD) and are inclusive of GST, unless otherwise indicated.

Confirmation of your booking will only be made once you have received a confirmation email and/or receipt number.

When you arrive at the property you will be requested to show a credit card and photo ID, in accordance with the Partner’s own terms and conditions. Your credit card will be used by the Partner to process any additional costs and charges, including a property bond and/or ancillary services (e.g. room service).

Changes & Cancellations

Any changes or cancellations to bookings are subject to the Partner’s terms and conditions, which should be read in conjunction with these Terms. Change and cancellation terms (including cancellation deadline) vary by Partner and will be advised during the booking process. Please note that bookings at certain accommodations, or in certain time periods, or for certain room types cannot be cancelled or changed, and where changes or cancellations are permitted, fees may apply. We are unable to assist with disputes relating to the Partner’s booking terms.

Liability

To the maximum extent permitted by law, in no event shall MediStays be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with the Site or the MediStays services whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise.

In relation to any liability which cannot be excluded by law, if MediStays is found liable for any loss or damage which arises out of or is in any way is connected with your use of the Site or the MediStays services, then to the maximum extent permitted by law, MediStays’ liabilities will in no event exceed, in the aggregate, the greater of the fees paid to MediStays on or through your use of the Site or the services giving rise to the claim or One-Hundred Dollars (AU$100.00).

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law the Provider’s liability for breach of such warranties is limited to, at the Provider’s option:

  • the supply of the Services again;
  • the payment of the cost of having the Services supplied again.

 

Indemnity

You agree to defend and indemnify MediStays and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms;
  • your violation of any law or the rights of a third party; or
  • your use of our services or the Site.

 

Copyright

The copyright in all material on this Site is owned by MediStays and its third party licensors.  You may download, display, print and reproduce the whole or part of this material in unaltered form for your own personal use or, if you are part of an organisation, for internal use within your organisation, but only if you or your organisation do not use the reproduction for any commercial purpose and retain this copyright notice and all disclaimer notices as part of that reproduction. Apart from rights to use as permitted by the Copyright Act 1968 (Cth) or allowed by this copyright notice, all other rights are reserved and you are not allowed to reproduce the whole or any part of this work in any way (electronic or otherwise) without first being given specific written permission from MediStays to do so.

Requests and enquiries concerning reproduction and rights are to be sent to:

MediStays Aust Pty Ltd

Postal address: Suite 13, Level 4, 150 Albert Road, South Melbourne, VIC, 3205

Email address: contact@medistays.com.au

Commercial and other use

You are not permitted to re-transmit, distribute or commercialise the material on the Site without obtaining prior written approval from MediStays. For written permission to use the information or material from the Site, please contact MediStays. You may not use the Site to sell a product or service, or to increase traffic to your Site for commercial reasons, such as advertising sales.

Linking to MediStays

You may link to the Site, but permission is restricted to making a link without any alteration of the Site’s contents. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from the Site unless express written permission has been obtained from MediStays. In no event are you permitted to use this Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. MediStays reserve the right to prevent linking to this Site at any time.

Trademarks

This Site contains trademarks owned by MediStays and third parties. You may not display or use in any manner any trade marks featured on the Site without the prior written permission of the trade mark owner.

Links to third parties

This Site contains links to other websites and businesses that are external to MediStays. Every effort has been made to select reliable and credible sources, however MediStays accepts no responsibility for material contained in a website that is linked to this site. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability, suitability and correctness of information contained in linked external websites.

MediStays does not endorse any hotel, motel, apartment, bed and breakfast, other accommodation service Partner, organisation, association, entity, service or program referred to in, or linked to, this Site. It is your responsibility to make your own decisions about your selection of accommodation and services. Links to external websites are provided for the user’s convenience and do not constitute an endorsement or a recommendation of any organisation, association, entity, service, program or online community, third party products or services offered by virtue of any information, material or content linked from or to this Site. Views or recommendations provided in linked websites (or expressed in online communities) may include the views or recommendations of third parties and do not necessarily reflect those of MediStays.

Changes to these terms

We may revise these Terms at any time by amending this page and will publish the updated version online from time to time.

 

Last revised date: 28th January 2022