Terms of Use | Bimble

1. About these Terms

These Terms of Use (Terms) govern your access to and use of the Bimble platform: the Bimble mobile application (the Bimble App), the web portal used by practitioners, clinics and their staff (the Provider Portal), and the website at bimble.health (together, the Platform), operated by Bimble Health Services Pty Ltd (ACN 696 487 895) (Bimble, we, us, our).

By creating an account or using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.

Different parts of these Terms apply to different users:

Sections 1 to 8 and sections 16 to 21 apply to everyone.
Sections 9 to 11 apply to patients using the Bimble App.
Sections 12 to 15 apply to practitioners, clinics and clinic staff using the Provider Portal.

Our Privacy Policy explains how we handle personal information and forms part of your agreement with us. Please read it alongside these Terms.

2. What Bimble is and what it is not

Bimble is a technology platform. It provides software that helps patients record and manage their own health information, connect with allied health professionals, book and attend appointments, and share information under their control; and that helps practitioners and clinics manage bookings, consultations, referrals and related administration.

Bimble is not a healthcare provider. We do not provide medical, clinical, diagnostic or treatment services, and we do not practise medicine or any other health profession. Any healthcare you receive through the Platform is provided by the independent practitioners and clinics you choose to engage, not by Bimble.

Bimble does not give medical advice. Nothing on the Platform, and no feature of the Platform, is medical advice, diagnosis, or treatment, or a substitute for care from a qualified health professional. Information and tools on the Platform (including summaries, prompts, reminders, scans and other outputs, whether generated by software or by artificial intelligence) are administrative and record-keeping aids only. They do not diagnose conditions, make clinical recommendations, or tell you what care you should have. Always seek the advice of a qualified health professional about any health concern, and never disregard or delay seeking professional advice because of something on the Platform.

In an emergency, call 000 (or attend your nearest emergency department). The Platform is not for emergencies and must not be used to seek urgent or emergency care.

3. Eligibility and accounts

To hold your own account you must be at least 16 years of age (see section 9 for how family members, including children under 16, are handled) and able to form a binding agreement with us.

The Platform is intended for use in Australia. Patient features rely on Australian healthcare arrangements (such as AHPRA-registered practitioners and Australian regulatory schemes), and by using the Platform as a patient you confirm you are located in Australia. We do not represent that the Platform is appropriate or available for use outside Australia.

You are responsible for the information you provide being accurate and current, and for keeping your account secure. You must not share your login, let anyone else use your account, or use another person's account. Tell us promptly if you believe your account has been accessed without your authorisation.

We may decline to provide, suspend, or close an account where these Terms are breached, where we are required to by law, or where continued access poses a risk to other users or to the Platform (see section 8).

4. Acceptable use

When using the Platform you must not:

break any law, or use the Platform for any unlawful, harmful, fraudulent or deceptive purpose;
upload or share content you do not have the right to share, or that infringes anyone's rights;
impersonate any person, or misrepresent your identity, qualifications or authority;
attempt to access data you are not authorised to access, or interfere with another user's access;
probe, scan, or test the security of the Platform, or bypass or attempt to bypass any security or access control, except with our prior written permission;
introduce malicious code, or attempt to disrupt, overload, or damage the Platform;
scrape, harvest, or extract data from the Platform by automated means without our permission; or
use the Platform to build or train a competing product, or to develop a machine-learning model, without our written permission.

If you breach this section, we may suspend or terminate your access (see section 8). Where a breach involves unauthorised access to, or misuse of, patient health information, we may also report it to the relevant authorities and to any affected person as required by law.

5. Your content and the information you record

You keep ownership of the information and content you record or upload (Your Content). You grant us a licence to host, store, process, transmit, back up, and display Your Content, and to otherwise use it, only as needed to operate and provide the Platform to you and to those you authorise, and as described in our Privacy Policy. This licence ends when Your Content is deleted, except to the extent we are required to retain it by law or as described in our Privacy Policy.

You are responsible for Your Content and for having the right to share it. Where you record information about another person (for example, a family member), you confirm you are authorised to do so.

6. Intellectual property

The Platform, and all software, design, text, graphics, and other material we provide (excluding Your Content and third-party content), is owned by Bimble or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for its intended purpose in accordance with these Terms. You must not copy, modify, distribute, sell, reverse-engineer, or create derivative works from any part of the Platform except as permitted by law.

"Bimble" and our logos are our trade marks and may not be used without our permission.

7. Third-party services

The Platform relies on third-party services (for example, cloud hosting, payments, and communications) and may link to third-party websites or services. We are not responsible for third-party services or content we do not control. Your use of a third-party service may be governed by that provider's own terms. Payments are handled by third-party payment processors (see sections 11 and 14).

8. Suspension, termination and availability

You can stop using the Platform at any time. Certain account controls, including deletion and deactivation, are described in our Privacy Policy and in the sections below, and some information must be retained where the law requires it.

We may suspend or terminate your access, in whole or in part, if you breach these Terms, if we are required to by law, to protect users or the Platform, or if we cease to offer the Platform. Where reasonable and lawful, we will give you notice. Suspension or termination does not affect obligations that are intended to survive, including sections 5 (retention), 6, 16 and 17.

We aim to keep the Platform available and reliable, but we do not guarantee it will be uninterrupted or error-free. We may modify, update, or discontinue features from time to time.

9. Patients: using the Bimble App

This section applies to patients using the Bimble App.

Managing your own health information. The Bimble App lets you record health information, opt in to health-tracking categories, upload documents, and keep your own health records. Health tracking is off until you turn it on, category by category. You can delete health-tracking data you have recorded, as described in our Privacy Policy.

Family members. You can add family members, including children under 16, as linked profiles under your account. You are responsible for information you record about them, and you confirm you are authorised to manage their information and to make decisions about sharing it. When a child reaches 16, their profile can be converted to their own independent account, after which you no longer have access unless they grant it.

Accuracy. The Platform is only as accurate as the information recorded in it. You are responsible for the information you enter, and for reviewing information before relying on it or sharing it with a practitioner.

10. Patients: booking, consultations and consent to share

Independent practitioners. Practitioners and clinics on the Platform are independent providers. Bimble does not employ them, does not supervise or direct the care they provide, and is not responsible for their advice, decisions, conduct, or the outcome of any consultation. Any healthcare relationship is between you and the practitioner or clinic.

Bookings. When you book an appointment, you agree to the fees and the cancellation and non-attendance terms that apply to it, which are shown to you before you confirm. For appointments with a Bimble provider, the provider sets their own charge for the consultation. Cancelling with sufficient notice is free; cancelling closer to the appointment time, or not attending, may result in a cancellation fee calculated as a percentage of that consultation fee, and Bimble may also apply its own booking fee. The exact fee that applies, if any, is shown to you in the App before you confirm a cancellation. For appointments with a clinic that uses Bimble, the clinic sets its own charges, notice period, and any fees. Availability shown in the App is indicative and may change.

Telehealth. Telehealth consultations depend on a suitable device and internet connection, and on the service being clinically appropriate, which the practitioner decides. Connection quality is not guaranteed. Telehealth video and audio are not recorded (see our Privacy Policy for how any transcripts or summaries are handled).

Sharing your information (consent). You control which practitioners and clinics can see your health information, and which categories you share, as described in our Privacy Policy. No practitioner can access your data unless access has been granted. As part of providing safe care, a practitioner who is treating you may retain access for the limited period needed to complete that care, including reasonable follow-up; this is explained in the Privacy Policy.

Eligibility and rebates. Where a practitioner or clinic bills a government rebate (such as a Medicare item), eligibility and billing are matters between you, the practitioner, and the relevant government scheme. Bimble does not determine your eligibility for any rebate and does not guarantee any rebate will be paid.

11. Patients: payments and subscriptions

Some services on the Platform may be paid, and Bimble may offer paid subscription features.

Payments are processed by our third-party payment providers (currently Stripe for payments, and RevenueCat for subscriptions). By making a payment you agree to the applicable provider's terms. We do not store your full card details (see our Privacy Policy).

For appointments with a Bimble provider, the provider sets the charge for their consultation. A cancellation or non-attendance fee, where one applies, is calculated as a percentage of that consultation fee, and Bimble may also apply its own booking fee. Bimble collects the total from you, and any refund is handled by Bimble, subject to these Terms and to the Australian Consumer Law. For services you pay a clinic for, the amount and any refund are a matter between you and that clinic, subject to their terms and to the Australian Consumer Law. Where you pay Bimble for a subscription, the price, billing cycle, and cancellation terms will be shown to you before you subscribe. Subscriptions purchased through an app store are also subject to that store's rules, including its refund process.

Nothing in these Terms excludes rights you have under the Australian Consumer Law that cannot lawfully be excluded (see section 16).

12. Providers and clinics: eligibility and verification

This section and sections 13 to 15 apply to practitioners, clinics, and clinic staff using the Provider Portal.

Practitioners. To use the Provider Portal as a health practitioner you must hold, and maintain, current AHPRA registration in your profession, and provide a valid ABN where applicable. We verify AHPRA registration and ABN details before you can receive access to patient information, and we may re-check them. You must tell us promptly if your registration is suspended, cancelled, subject to conditions, or otherwise changes, and we may suspend your access if it does.

Clinics. A clinic must provide accurate business details, including a valid ABN, and is responsible for the staff and practitioners it adds, for their roles and permissions, and for ensuring they are entitled to access the information their role allows. The clinic is responsible for removing access promptly when a person leaves or changes role.

Clinic staff. Non-practitioner staff (such as reception and practice managers) may be given access limited to their role. You must use that access only for the clinic's legitimate purposes and only to the extent your role requires.

13. Providers and clinics: your obligations

You agree that:

you will use the Platform only in connection with providing or administering care to patients who have granted the necessary access, and only for purposes permitted by law and by these Terms;
you will comply with all laws and professional and ethical obligations that apply to you, including the Privacy Act, your professional Board's standards, and your record-keeping obligations;
you are responsible for your own clinical decisions, advice, and conduct, and for the accuracy of the clinical information and notes you enter;
you will access patient information only where you have a legitimate care-related reason to do so and the patient has granted access, and you will not access, use, or disclose patient information beyond what is necessary for that care;
you will keep your credentials secure, use multi-factor authentication as required, and not share access; and
you will meet your own record-retention obligations, and understand that records of care are retained on the Platform for the minimum periods required by applicable law (see our Privacy Policy).

Bimble is administrative software, not a clinical tool. Features that flag, prompt, count, summarise, or schedule (including AI-assisted features) are there to support your administration and record-keeping. They do not provide clinical decision support, do not make clinical judgements, and must not be relied on as a substitute for your professional judgement. You remain responsible for every clinical decision.

14. Providers and clinics: fees, payouts and billing

Where the Platform supports payments to you, payouts are handled through our payment provider (currently Stripe Connect). You must provide accurate payout and tax details, and you are responsible for your own invoicing, tax, and financial-record obligations.

Any subscription or service fees payable by you to Bimble for use of the Provider Portal will be set out in a separate agreement or order, or shown to you before you incur them.

15. Providers and clinics: responsibility for care and content

You are solely responsible for the care you provide and for the content, notes, referrals, and communications you create through the Platform. Bimble does not review, verify, or endorse the clinical content you create, and is not a party to the healthcare relationship between you and your patients. You indemnify Bimble against claims arising from your provision of care, your clinical decisions, or your breach of these Terms or of any law or professional obligation, to the extent permitted by law and to the extent the claim is not caused by Bimble.

16. Disclaimers and Australian Consumer Law

To the maximum extent permitted by law, the Platform is provided "as is" and "as available", and we do not make warranties that it will be uninterrupted, error-free, secure, or fit for a particular purpose, beyond those that cannot be excluded by law.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other law that cannot lawfully be excluded. Where our liability for failing to comply with a consumer guarantee can be limited (and the goods or services are not of a kind ordinarily acquired for personal, domestic, or household use), our liability is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied.

For clarity, no disclaimer or limitation in these Terms applies to the care provided by a practitioner or clinic; that care is their responsibility, and your rights in relation to it are against them.

17. Limitation of liability

To the maximum extent permitted by law, and subject to section 16:

we are not liable for the acts, omissions, advice, or care of any practitioner or clinic, or for any decision you make based on information on the Platform;
we are not liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or goodwill; and
our total liability to you arising out of or in connection with the Platform and these Terms is limited to the amount you paid us (if any) for the Platform in the 12 months before the event giving rise to the liability.

Nothing in this section limits liability that cannot be limited by law, including under the Australian Consumer Law.

18. Your indemnity

To the extent permitted by law, you indemnify Bimble and its officers, employees, and contractors against any claim, loss, liability, or reasonable cost they suffer or incur arising from or in connection with: your use of the Platform; your breach of these Terms; your infringement of any law or of another person's rights; or, where you record or share information about another person, your not being authorised to do so. This indemnity does not apply to the extent the claim, loss, or liability is caused by Bimble's own breach of these Terms, negligence, or unlawful conduct. The provider-specific indemnity in section 15 applies in addition to this section.

19. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will take reasonable steps to notify you, for example through the Platform or by email, and we will update the effective date above. If you continue to use the Platform after a change takes effect, you accept the updated Terms. The current version is always available on the Platform.

Some interactions confirm your agreement to the Terms in force at that time. For example, when you book or attend a consultation, the Terms current at that point apply to that interaction.

20. General

Force majeure. We are not liable for any failure or delay in providing the Platform caused by events beyond our reasonable control (for example, failures of internet or telecommunications services, third-party service outages, natural events, or government action). While such an event continues, our affected obligations are suspended.

No partnership or agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Bimble, or between Bimble and any practitioner or clinic. Practitioners and clinics are independent, as described in section 10.

Assignment. You may not assign or transfer your rights under these Terms without our consent. We may assign our rights and obligations, including to a related entity or in connection with a sale or reorganisation of our business, without reducing your rights under these Terms.

Severability. If any provision of these Terms is invalid or unenforceable in a jurisdiction, it is read down to the minimum extent necessary or, if that is not possible, severed, without affecting the remaining provisions or the validity of that provision in any other jurisdiction.

Waiver. If we do not enforce a right under these Terms, that is not a waiver of that right.

Interpretation. Headings are for convenience only. "Including" and similar words are not words of limitation. These Terms are not to be interpreted against a party merely because that party drafted them.

Entire agreement. These Terms and our Privacy Policy (together with any separate written agreement that applies to a practitioner or clinic) make up the entire agreement between you and Bimble about your use of the Platform.

Taxes and GST. Fees stated on the Platform are in Australian dollars and include GST where applicable, unless stated otherwise. Where a party makes a taxable supply under these Terms and the consideration is expressed to be exclusive of GST, the recipient must pay any applicable GST in addition, on receipt of a valid tax invoice. Each party is responsible for its own other taxes.

21. Governing law and contact

These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

If you have a question about these Terms, contact our Privacy and Compliance team at compliance@bimble.health.