In The Waiting Room Terms of Use

These Terms of Use apply when you access or use the In The Waiting Room website, practice portal, patient-facing reading pages, staff-assisted enrolment process, emails, downloadable resources and related services (together, the Service).

The Service is operated by Moss Pty Ltd ABN 72 107 905 475 trading as In The Waiting Room (ITWR, we, us or our).

By creating an account, claiming an invitation, clicking an acceptance box, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service is designed primarily for Australian healthcare practices, health professionals and authorised practice staff who wish to share general patient-education content.

A person who accepts these Terms on behalf of a practice represents that they are authorised to do so and to bind that practice to these Terms.

The Service is not intended for emergency care, diagnosis, treatment, clinical decision-making, or the storage of complete medical records.

The practice account and features currently identified as free may be used without a credit card.

We may introduce optional paid products or memberships in the future. Any paid service will be subject to clearly disclosed pricing and any additional terms presented before purchase.

We will not convert a free account into a paid account without clear notice and the account holder's express agreement.

An ITWR staff member may create a pending practice record and send an invitation after receiving permission from an authorised practice representative.

The person receiving the invitation must personally claim the account, authenticate or create their own login, and accept these Terms. Staff-recorded verbal or written permission does not replace the recipient's acceptance of these Terms.

Invitation links may be single-use, time-limited and revoked or replaced for security reasons.

You must provide accurate information, keep your login details secure and promptly notify us if you suspect unauthorised access.

You are responsible for activity carried out through your account unless the activity resulted from our breach of law or failure to take reasonable security steps.

In the current single-owner version of the Service, each practice account may have one primary owner. Additional user roles may be introduced later.

You may add your practice name, logo, brand colour, website, booking link and other practice information.

You confirm that you have the right to use all names, logos, images and materials you upload, and that they do not infringe another person's rights or mislead patients.

You are responsible for keeping your public practice information accurate and up to date.

ITWR content is provided for general educational and informational purposes only.

It is not medical advice, diagnosis or treatment; it is not a substitute for an individual consultation with a qualified health professional; and it should not be used to make urgent or personal health decisions.

Patients should seek appropriate professional advice for their own circumstances and should contact emergency services where urgent care is required.

We use reasonable care in preparing and reviewing content, but health information develops over time. We do not guarantee that every item is complete, current, suitable for every patient or appropriate for every clinical situation.

A practice remains responsible for its own professional obligations, clinical advice, patient communications, advertising, record keeping, consent processes and compliance with applicable laws and professional standards.

The fact that content is shared under a practice's name does not mean ITWR has reviewed or endorsed that practice's individual treatment, recommendations or services.

Before sharing a feature, the practice should consider whether the topic is appropriate for the intended audience and whether further individual advice is required.

A practice must not represent general ITWR content as personalised medical advice or alter it in a way that becomes misleading, unsafe or clinically inaccurate.

Subject to these Terms, we grant the practice a limited, non-exclusive, non-transferable, revocable licence to access and share available ITWR content with patients through the functions provided by the Service.

You may use generated links, QR codes and approved email text for the practice's ordinary patient-education activities.

Unless expressly permitted, you must not sell, sublicense, scrape, republish in bulk, remove attribution, create competing content libraries from, or commercially exploit ITWR content outside the Service.

All intellectual property rights in ITWR content, design, branding, software and materials remain with us or our licensors.

Patient-facing pages may identify the sharing practice and may allow a patient to access educational content, visit a booking link or voluntarily subscribe for future education.

A practice must not submit a patient's email address or other personal information to ITWR without a lawful basis and any required consent.

Where a patient subscribes directly through ITWR, the subscription is governed by our Privacy Policy and any consent wording shown at the time.

We handle personal information in accordance with our Privacy Policy.

The Privacy Policy explains what information we collect, how we use and disclose it, how it is secured, and how individuals may seek access, correction or make a privacy complaint.

Practices remain independently responsible for their own handling of patient information and for complying with privacy, health-records and confidentiality obligations that apply to them.

You must not use the Service to:

• break any law, professional rule or regulatory requirement;
• upload unlawful, misleading, defamatory, discriminatory, infringing, malicious or harmful material;
• send spam or contact people without an appropriate lawful basis;
• attempt to gain unauthorised access, probe security, introduce malware or disrupt the Service;
• misrepresent your identity, qualifications, practice or relationship with ITWR;
• use the Service for automated scraping, data harvesting or competing database creation; or
• use patient education in a way that could reasonably cause harm or mislead a patient.

The Service may link to third-party websites, booking systems, email providers, analytics tools, storage services or other platforms.

We do not control third-party services and are not responsible for their content, availability, security or privacy practices. Your use of them may be governed by separate terms.

We may update, improve, suspend or discontinue parts of the Service, including content, features and technical integrations.

We will use reasonable efforts to maintain availability, but we do not guarantee uninterrupted or error-free access.

We may remove or update content where accuracy, safety, legal, licensing or editorial concerns arise.

You may stop using the Service at any time and may request account closure by contacting info@bnourishd.com.au.

We may suspend or terminate access where reasonably necessary to protect users, maintain security, comply with law, investigate misuse, or respond to a material breach of these Terms.

Where appropriate, we will give reasonable notice and an opportunity to address the issue. We may act immediately where there is a serious safety, security or legal risk.

Clauses concerning intellectual property, privacy, liability, disputes and any accrued rights continue after termination.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

To the maximum extent permitted by law, the Service and content are provided on an 'as available' basis. We do not promise that the Service will meet every practice's needs, achieve a particular clinical, patient-engagement or business outcome, or be suitable for every use.

Any disclaimer in these Terms is subject to applicable consumer guarantees and other non-excludable rights.

To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of opportunity, loss of goodwill, or loss arising from reliance on general educational content as personal medical advice.

Where the Australian Consumer Law permits us to limit a remedy for a failure relating to services, our liability may be limited, at our option, to supplying the services again or paying the cost of having them supplied again.

This clause does not limit liability for fraud, wilful misconduct, personal injury caused by negligence, or any liability that cannot lawfully be limited.

To the extent permitted by law, a practice indemnifies us against loss arising from its unlawful or unauthorised use of the Service, its uploaded materials, its breach of these Terms, or its misleading or unsafe alteration or presentation of ITWR content.

This indemnity does not apply to the extent the loss was caused or contributed to by our negligence, breach of law or wrongful act.

We may update these Terms from time to time. The current version and effective date will be published at Terms of Use page.

For material changes, we will provide reasonable notice through the Service or by email where practicable.

If a change requires fresh consent, you may be asked to accept the new version before continuing to use relevant features.

Please contact us first at info@bnourishd.com.au so we can try to resolve any concern promptly. The parties agree to attempt good-faith informal resolution before commencing court proceedings, except where urgent injunctive or protective relief is required. Nothing in this clause prevents a person from contacting a regulator, consumer-protection body or privacy authority.

If part of these Terms is invalid or unenforceable, the remaining terms continue to apply. A failure to enforce a right is not a waiver of that right. You may not transfer your account or rights under these Terms without our written consent. We may transfer our rights and obligations as part of a genuine business restructure or sale, subject to applicable law.

These Terms are governed by the laws of Victoria, Australia. The parties submit to the courts of Victoria and courts entitled to hear appeals from them.

Moss Pty Ltd trading as In The Waiting Room

ABN: 72 107 905 475

Email: info@bnourishd.com.au

Website: https://inthewaitingroom.co

Postal address: 3 Feathertop Avenue, Lower Templestowe, Victoria, Australia 3107