By accessing the List of Medical Services and Fees on this website (AMA Fees List), you are entering into a legally binding agreement with Australian Medical Association Limited (ABN 37 008 426 793) (AMA). In consideration for the AMA granting you access to the AMA Fees List, you agree to be bound by and abide by the following terms and conditions.
1. User account
1.1 In order to access and use the AMA Fees List, you must be either:
- a current AMA member whose licence to access and use the AMA Fees List is not suspended under section 13 (in which event you will have been issued with a username and password in order to access the AMA member-only resources on the AMA's website);
- a person or entity who has paid the appropriate licence fee to the AMA, including any associated payment processing fees (in which event the AMA will issue you with a username and password in order to access the AMA Fees List); or
- a person who is entitled to access and use the AMA Fees List on behalf of a person referred to in paragraph (a) or paragraph (b), in accordance with section 4 (in which event you may have been issued with your own username and password if that person has been granted a multi-user licence).
1.2 In these terms, a person referred to in section 1.1(a) or section 1.1(b) is referred to as a Licensee, and a person referred to in paragraph 1.1(c) is referred to as an End User. A person who is provided with a part of, or content from, the AMA Fees List by a Licensee or an End User but who is not granted rights to access the AMA Fees List through the website is referred to as a Sub-Licensee.
1.3 If you have been issued with a username and password by the AMA, you acknowledge and agree that you are solely responsible for all activities that occur on your user account, including all use of the AMA Fees List through your user account.
1.4 You must keep your username and password confidential and secure and must not permit any other person to use your username and password. You must change your password regularly and must promptly notify the AMA if you believe that the confidentiality of your password has been compromised.
2.1 If you are a Licensee, the AMA grants you a non-exclusive, royalty-free licence to:
- access and view;
- download, reproduce and store; and
- adapt the format (but not the content) of,
the AMA Fees List, solely for the term described in section 2.4 and solely for the purpose set out in section 3 and otherwise in accordance with these terms.
2.2 If you are an End User, you are entitled to:
- access and view;
- download, reproduce and store; and
- adapt the format (but not the content) of,
the AMA Fees List solely for the purpose of the Licensee fulfilling the purpose set out in section 3 and otherwise in accordance with these terms. These terms do not permit you to exercise these rights to the extent that the Licensee has only granted you more limited rights to access and use the AMA Fees List on its behalf, or imposed conditions on your exercise of those rights.
2.3 If a Licensee has only paid a licence fee to access and use some of the content of the AMA Fees List (such as particular items or one or more groups of items), the licence granted to the Licensee is (and the rights of each of the Licensee's End Users are) limited to that content.
2.4 A Licensee's licence of the AMA Fees List (and the rights of each of the Licensee's End Users) ends:
- if the Licensee is an AMA member, when the Licensee ceases to be an AMA member; or
- if the Licensee is not an AMA member, on the expiry of the Licensee's licence term expires (which will be the relevant 31 October, as indicated during the purchase process),
unless the licence is terminated earlier under section 13.
3. Permitted purpose
The AMA Fees List may only be accessed and used by the Licensee, and by its End Users and Sub-Licensees, for the purpose of assistance and guidance in the costing of medical services in the course of the Licensee's business, including:
- where the Licensee is a doctor, medical practice or hospital, for assistance and guidance in setting the fees charged by the Licensee for medical services provided to patients; and
- where the Licensee is a health insurer or an authority who pays benefits to or in respect of ill or injured individuals, for assistance and guidance in determining the amounts that will be payable by the Licensee to doctors who provide services to their insureds or persons covered by their compensation scheme.
4. Use of AMA Fees List by individual users and third parties
4.1 Your rights to access and use the AMA Fees List are not transferable.
4.2 Subject to section 4.3, a Licensee may only allow persons to exercise any of the rights set out in section 2.1 for the purpose of the Licensee carrying out the purposes set out in section 3, by:
- permitting employees and contractors of a hospital, medical practice or insurer to assist in billing processes;
- permitting a person to incorporate some or all of the content from the AMA Fees List into software or billing systems that is to be used solely for the purposes of the Licensee's medical practice, hospital, insurance or compensation business; and
- if (and only if):
- the Licensee is a health insurer or an authority of the kind referred to in section 3(b);
- the AMA has informed the Licensee in writing that the Licensee may disclose to doctors who provide services to the insurer's insureds or persons covered by the authority's compensation scheme (as the case may be) and who are not current AMA members relevant parts of or relevant content from the AMA Fees List for the purpose of those doctors charging the insurer or authority for such services; and
- the Licensee complies with any additional requirements imposed by the AMA as a condition of allowing the Licensee to exercise such a disclosure right (which may include additional licence fee and/or reporting requirements),
permitting such doctors to use relevant content from the AMA Fees List solely to the extent necessary for that purpose (provided that those doctors are not entitled to be provided with a username and password or otherwise permitted to access the AMA Fees List themselves).
4.3 A Licensee referred to in section 1.1(b) must ensure that the number of End Users whom it permits to access and use the AMA Fees List does not exceed the number of End User licences for which it has paid the AMA.
4.4 If you permit a Sub-Licensee to use part of, or content from, the AMA Fees List without accessing the AMA Fees List through the AMA's website, you must ensure that Sub-Licensee agrees and is bound to only use the AMA Fees List in accordance with these terms (including only for the purpose permitted by these terms) as a condition of that use. If you are the Licensee who permits (or one of whose End Users permits) a Sub-Licensee to use the AMA Fees List, you are responsible for the acts of that Sub-Licensee in relation to the AMA Fees List as if they were your own acts.
5.1 All of the content of the AMA Fees List is confidential to the AMA. You are not permitted to publish or otherwise disclose that information except to the extent necessary to exercise the rights granted under these terms, and must take reasonable steps to keep it safe and secure (including by keeping your username and password confidential).
5.2 Without limiting your obligations under section 5.1, you must not:
- advertise any amounts that you charge or pay for medical services in such a manner that it discloses (either directly or indirectly) the content of the AMA Fees List; or
- represent in accounts, patient information sheets or other materials that any amounts that you charge for medical services are fees set by or recommended by the AMA.
5.3 If you are required by law to disclose any part of the AMA Fees List, before doing so (to the extent you are permitted by law to do so) you must notify the AMA and give the AMA a reasonable opportunity to take any steps that it considers necessary to protect the confidentiality of that information.
6. Other restrictions on use
6.1 You agree to only use the AMA Fees List in accordance with these terms and applicable laws. Without limiting the previous sentence, you must not:
- use the AMA Fees List (or any of its content) for any purpose other than as permitted by these terms;
- remove or tamper with any copyright notices on the AMA Fees List (including on any copies you make of it); or
- incorporate the AMA Fees List in any product to be made available commercially (unless the AMA expressly agrees otherwise with you).
6.2 You acknowledge and agree that:
- the Competition and Consumer Act 2010 (Cth) prohibits businesses from engaging in anti-competitive conduct, including price fixing arrangements between competitors; and
- you must not use any of the fees specified in the AMA Fees List in any contract, arrangement or understanding with any other medical practitioner, medical practice or other competitor in respect of fees to be charged by them or you for medical services or in respect of any limitation or restriction on medical services provided or to be provided by them or you.
7. Ownership of intellectual property
The grant of a licence of the AMA Fees List does not transfer to you any ownership of the AMA Fees List, including any copyright or other intellectual property rights subsisting in it.
8. Records and audit
8.1 You must provide AMA with information requested by it from time to time in relation to your use of the AMA Fees List, including (where a limitation on the number of permitted End Users and/or Sub-Licensees applies to you or (where you are an End User) the Licensee on whose behalf you are permitted to access and use the AMA Fees List) how many people have been permitted to access and use the AMA Fees List.
8.2 If the AMA suspects that you (or, where you are an End User, the Licensee on whose behalf you are permitted to access and use the AMA Fees List) may have breached any of these terms, you must provide access to your premises, information technology systems, books and records, and permit the taking of copies or extracts of such books and records to enable the AMA (and any person nominated by it) to conduct audits of your compliance with these terms. The AMA will use reasonable commercial efforts to only conduct such audits on reasonable notice, during reasonable business hours, and as expeditiously and efficiently as possible.
9.1 The AMA Fees List and all of its content is made available to you on an 'as is' and 'as available' basis.
9.2 The AMA is not responsible for making any changes to the AMA Fees List to make it suitable for your purposes and does not represent that the AMA Fees List is accurate or current, or that it will be suitable for your purposes. Without limiting the foregoing, any references to GST in the AMA Fees List are for information purposes only and do not amount to tax advice, and you are responsible for making your own assessment (including by obtaining appropriate professional advice) as to whether or not GST is chargeable in any particular instance.
9.3 The AMA may make updates to the AMA Fees List from time to time. While the AMA uses its best efforts to publish details of updates to the AMA Fees List on its website from time to time, you are responsible for ensuring that you use the current version of the AMA Fees List.
9.4 You acknowledge and agree that all medical practitioners should, subject to any contractual obligations to the contrary (such as arrangements with insurers):
- make their own decisions as to what fees they will charge for any service; and
- satisfy themselves in each individual case as to the fee that it is fair and reasonable to charge, having regard to their own practice cost experience and the particular circumstances of the case and the patient (including taking into account costs of running medical practices which vary across Australia, includes employing practice staff and operating expenses such as computers, rent, electricity, general insurance and professional insurance).
9.5 You acknowledge and agree that to the extent possible under the law, and subject to section 11, the AMA makes no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of the AMA Fees List. The AMA will not be liable if any of the content of the AMA Fees List is incomplete, corrupted, inaccurate, outdated or incorrect, or if the AMA Fees List (or any part of it) is unavailable for any reason, including as a direct or indirect result of:
- telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
- negligent, malicious or wilfully wrong acts or omissions of third parties (including the AMA's third party service providers);
- maintenance or repairs carried out by the AMA or any third party service provider in respect of any of the systems used in connection with the provision of the AMA Fees List;
- any events beyond the AMA's reasonable control; or
- services provided by third parties ceasing or becoming unavailable.
9.6 You also acknowledge and agree that, to the extent possible under the law and subject to section 11, the AMA does not represent, warrant or guarantee that the AMA Fees List or the website through which the AMA Fees List is accessed is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
You indemnify the AMA (and all of its subsidiaries, employees and officers) against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages arising directly or indirectly out of or in connection with:
- a breach by you (or any person using your user account) of these terms;
- any negligent or fraudulent act, error or omission by you (or any person using your user account) in connection with your access to and use of the AMA Fees List; or
- any claim by a third party against the AMA relating to your access to or use of the AMA Fees List (or access or use by a person using your user account).
11. Consumer guarantees
11.1 To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on the AMA are excluded under these terms.
11.2 However, if a supply under these terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits the AMA to limit a liability that cannot be excluded, then the AMA's liability is limited to:
- in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
- in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
11.3 Except in the case of a major failure (as that term is defined in the Australian Consumer Law), the AMA can elect as between the remedies set out in sections 11.2(a) and 11.2(b).
12. Exclusion of liability
Subject to section 11 and to the extent permitted by law, the AMA excludes liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
- in connection with or in any way relating to the AMA Fees List or any of its content, including:
- in connection with any disruption to or unavailability or failure of the AMA Fees List or interference with or damage to computer systems or other electronic devices;
- in connection with errors, omissions or inaccuracies contained in any information in the AMA Fees List;
- as a result of any fraudulent use, misuse or misappropriation of any user account; or
- as a result of any act committed by another person in connection with your use of the AMA Fees List or any of its content;
- arising from any circumstance beyond the AMA's control; and/or
- otherwise under or in connection with these terms.
13. Suspension and termination
13.1 Without prejudice to any other rights or remedies that the AMA may have against you under these terms or at law, the AMA may, by giving you written notice, suspend for a period of time determined by the AMA, or terminate, your rights to use the AMA Fees List and disable your access to the AMA Fees List, without any liability to you, if:
- you breach any provision of these terms; or
- (where you are a Licensee) the AMA fails to receive any licence fee payable by you for use of the AMA Fees List.
13.2 Where you are an End User, your rights to access and use the AMA Fees List are automatically suspended or terminated on the relevant Licensee's licence to access and use the AMA Fees List being suspended or terminated (as the case may be).
13.3 Upon suspension or termination of the licence, you must immediately cease using the AMA Fees List and promptly take all steps necessary to remove all content from the AMA Fees List from your systems.
14.2 The AMA may change these terms from time to time. If the AMA reasonably considers that the change is likely to:
- benefit you or have a neutral or minor detrimental impact on you, the AMA may change these terms by making such changes immediately without notifying you except by publishing these terms as amended on its website; or
- have a significant detrimental impact on you (including by introducing or changing any fee for the use of the AMA Fees List within the then-current licence term), the AMA will make such changes to these terms no sooner than 10 days after the AMA has notified you of those changes on its website and, in the case of changes related to fees, by email to the email address provided by you to the AMA.
14.3 If you do not accept a change made by the AMA to these terms, you must immediately cease using the AMA Fees List.
14.4 If a provision of these terms is invalid or unenforceable, it may be severed from these terms and the remaining provisions of these terms continue in force.
14.5 These terms will be governed by and construed in accordance with the laws in force in the Australian Capital Territory, and you unconditionally submit to the jurisdiction of the courts of the Australian Capital Territory.
14.6 Although Australian websites may be accessed outside of Australia, the AMA makes no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on the AMA Fees List.
14.7 These terms are the entire agreement between you and the AMA on their subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).
14.8 Any of these terms that are intended, by their nature, to survive the termination or expiry of your rights to access and use the AMA Fees List survive that termination or expiry, including sections 5, 7, 8, 9, 10, 11, 12 and 13.3 and this section 14.