Terms of Use

Last Updated: 1 January 2026

Application of Terms

1.1

These Terms apply to your use of the Sites and Services. By accessing and using the Sites or Services:

you agree to these Terms; and
where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person's behalf and that, by agreeing to these Terms on that person's behalf, that person is bound by these Terms.

1.2

If you do not agree to these Terms, you are not authorised to access and use the Sites or Services, and you must immediately stop doing so.

1.3

If you are using the Services, the following documents also apply to your use of the Services:

if you are a Facility, the MedMatch Platform Participation Agreement - Facilities available at [link];
if you are a Locum, the MedMatch Platform Participation Agreement - Locums available at [link]; and
the MedMatch Community Guidelines available at [link].

1.4

If there is any conflict between these Terms and the documents referenced in clause 1.3, they will have precedence in the descending order of priority set out below:

the MedMatch Platform Participation Agreement - Facilities and the MedMatch Platform Participation Agreement - Locums;
these Terms; and
the MedMatch Community Guidelines.

Changes

2.1

We may update these Terms from time to time. If we make a material change (including any change that is adverse to you), we will give you at least 30 days' prior notice by email and/or by way of an in-app and/or Website notice. If you have subscribed to the Services under a monthly subscription, the updated Terms will apply from your next billing cycle unless you cancel before the effective date. If you have a subscribed to the Services under a minimum initial term or a subscription period longer than a month (e.g. an annual subscription), we won't apply changes that are materially adverse to you during the committed term unless required by law or to address security, safety, or privacy risks, in which case, you may terminate and receive a pro-rata refund for the unused portion of your subscription.

2.2

We may improve, add, or remove features. We will not materially reduce the core functionality of your plan during a billing period without reasonable prior notice (minimum 30 days for planned changes), and you may cancel before the change takes effect.

2.3

We may make urgent changes or temporary suspensions without prior notice where reasonably necessary to comply with law or address security, fraud, performance, or system integrity issues. We'll notify you as soon as reasonably practicable and use reasonable efforts to minimise disruption.

2.4

We may change subscription fees. Increases take effect no earlier than 30 days after notice and from your next renewal. Fees for fixed-term plans are locked for the term. If you do not agree, cancel before renewal.

2.5

We will notify you at your account email and/or via in-app/Website notices and show a “Last updated” date on these Terms.

2.6

By continuing to use the Services after the effective date, you accept the changes. If you cancel under this clause, cancellation takes effect at the end of your current billing period, and any refunds (if applicable) will be processed promptly.

2.7

These Terms were last updated on 1 January 2025

Definitions

In these Terms:

Facility means a medical facility

Locum means a person that provides temporary cover to Facilities, including general practitioners, nurses, healthcare assistants, administrative support persons and receptionists including and similar words do not imply any limit

Intellectual Property Rights includes copyright, and all worldwide rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way

Service User means Facilities and Locums that use the Services

Sites means the Website and other MedMatch-affiliated sites, such as blogs, event registration pages, community discussions, forums, and social media platforms

personal information means information about an identifiable, living person

Services means the MedMatch platform, applications, and related services available via the Website

Terms means these terms and conditions titled MedMatch Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Sites or Services

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Sites or Services

We, us or our means MedMatch Limited, a New Zealand company, company number 9367513

Website means a medical facility

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

Your Content means the content you create, upload, or submit through the Sites or Services, e.g. availability entries, messages, uploaded documents, contracts, compliance records, and timesheet submissions

MedMatch Service

4.1

The Services are a platform that:

allows:
1. Facilities to post, manage, and book locum shifts; and
2. Locums to manage their availability, apply for and accept assignments, and submit timesheets; and
includes simple tools for profiles and credential tracking (with expiry reminders), clear shift info (rates, practice management system being used, scope, parking, contact), in-app messaging, booking confirmations, calendar sync with clash warnings, digital timesheets that create invoices and payouts, notifications, ratings/reviews, issue reporting, and data export. Some features depend on your plan or third-party services.

4.2

Any interaction between you and another Service User, including any agreement entered into between you and another Service User, is a matter directly between you and them only. Other than our obligations set out in these Terms, we are not liable to you for any failure by any other Service User to comply with these Terms or any other legal obligation.

4.3

We will use reasonable efforts to provide the Services in accordance with these Terms and New Zealand law.

4.4

Our provision of the Sites and Services to you is non-exclusive. Nothing in these Terms prevents us from providing the Sites or Services to any other person.

4.5

Subject to clauses 4.6 and 4.7, we will use reasonable efforts to ensure the Services are available on a 24/7 basis. However, it is possible that on occasion the Services may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.

4.6

From time to time the Services may interoperate with third party service features (Third-Party Features). We do not warrant the continued availability, performance, or any particular functionality of Third-Party Features. If a Third-Party Feature is discontinued or becomes unavailable on reasonable terms, we may modify or cease supporting that feature. To avoid doubt, you are not entitled to any refund or other compensation for changes to, or the withdrawal of, a Third-Party Feature.

4.7

The Services depend on core infrastructure services. We will use commercially reasonable efforts to:

maintain contracts for such services on reasonable terms;
monitor material incidents affecting them; and
mitigate material adverse impacts on the Services (including implementing workarounds or switching to alternative providers where reasonably practicable).

However, where an outage materially affects the Services, we will provide timely status updates and use commercially reasonable efforts to restore functionality. If a core infrastructure service is permanently discontinued or becomes unavailable on reasonable terms, we may modify the Services to remove or replace the affected functionality, and will act in good faith to provide functionally equivalent capability where reasonably practicable.

Your Obligations

5.1

You must:

use the Sites and Services in accordance with these Terms solely for:
1. lawful purposes (including complying with the Unsolicited Electronic Messaging Act 2007); and
2. your own business or personal purposes; and
not resell or make available the Sites or Services to any third party, or otherwise commercially exploit the Sites or Services.

5.2

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

5.3

If you are given a User ID, you must keep your User ID secure and:

not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to privacy@medmatch.co.nz

5.4

You must:

not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Sites, Services or any Underlying System, or otherwise attempt to damage or interfere with the Sites, Services or any Underlying System;
not use, or misuse, the Sites or Services in any way which may impair the ability of any other user to use the Sites or Services;
not impersonate another person or misrepresent authorisation to act on behalf of others or us; and
unless with our prior written agreement, access or attempt to access the Sites and Services only via standard web browsers or our approved applications. You must not (whether directly or through automated means) use scraping, deep-linking, harvesting, framing, mirroring, data mining, use of a robot, spider, crawler, automation tool, offline reader, or any similar data-gathering, extraction or monitoring method, nor attempt to copy, reproduce, aggregate, republish, download, post, display, transmit or distribute any part of the Sites or Services (including any information, profiles, or data contained on it) for any commercial purpose; and
not use the Sites or Services, nor transmit, input or store any of Your Content, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
comply with all applicable laws, including the Privacy Act 2020.

5.5

You must obtain our written permission to establish a link to our Sites or Services. If you wish to do so, email your request to privacy@medmatch.co.nz.

5.6

You are responsible for procuring all licences, authorisations and consents required for you to access and use Sites and Services, including to use, store and input Your Content into, and display Your Content using, the Sites and Services.

5.7

To the maximum extent permitted by law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of:

any actual or alleged claim by a third party that Your Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that Your Content is Objectionable, incorrect or misleading;
your failure to comply with these Terms, including any failure of a person who accesses and uses our Sites by using your User ID; or
any Loss arising from or in connection with an actual or alleged breach by you of any legal or regulatory requirements which occurs:
1. in connection with an agreement between you and another Service User; or
2. as a result of any other relationship established through the Sites or Services.

Your Content

6.1

Title to, and all Intellectual Property Rights in, Your Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate Your Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.

6.2

Without limiting clause 6.1, you acknowledge that we may use Your Content (on an aggregated and anonymised basis) for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements (and these rights will survive termination and expiration of these Terms).

6.3

You must ensure you have obtained all necessary consents for us to access, collect, hold, process and distribute Your Content as described in these Terms.

6.4

You acknowledge and agree that, to the extent Your Content contains personal information, in collecting, holding and processing that information through the Sites and Services, we are acting as your agent for the purposes of the New Zealand Privacy Act 2020 and any other applicable privacy law. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.

6.5

While we will use reasonable endeavours to back up Your Content stored using the Sites and Services, you must keep separate and regular back-up copies of Your Content stored using the Sites or Services.

Intellectual Property

7.1

Subject to clause 6.1, we (and our licensors) own all proprietary and Intellectual Property Rights in the Sites, Services and Underlying Systems, including (without limitation) all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, software, code, design elements and the overall “look and feel” of the Sites and Services.

7.2

You must not copy, reproduce, adapt, transmit, distribute, sell, license, display, publish, or create derivative works from any part of the Sites or Services (including its content and database) without our prior written consent, except as permitted by law.

7.3

You must not remove or tamper with any copyright, trade mark or other proprietary notice on the Sites or Services.

7.4

If you provide us with ideas, comments or suggestions relating to the Sites, Services or Underlying Systems (together feedback):

all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
we may use or disclose the feedback for any purpose.

Disclaimers

8.1

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

the Sites or Services being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through the Sites or Services;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Sites or Services. To avoid doubt, you are responsible for ensuring the process by which you access and use the Sites and Services protects you from this; and
any site linked from the Sites or Services. Any link on the Sites or Services to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

8.2

We make no representation or warranty that the Sites or Services are appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Sites and Services is not illegal or prohibited, and for your own compliance with applicable local laws.

8.3

The Website is provided for general information about our business only.

8.4

Nothing on the Sites or Services constitutes medical, clinical, employment, or professional advice. You must not rely on the Sites or Services as a substitute for obtaining independent professional advice relevant to your circumstances.

Liability

9.1

To the maximum extent permitted by law:

you access and use the Sites and Services at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Sites, the Services, or your access and use of (or inability to access or use) the Sites or Services. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

9.2

If you are accessing or using, or purport to access or use, the Sites or Services for the purpose of a business, you agree that:

to the maximum extent permitted by law, the New Zealand Consumer Guarantees Act 1993 does not apply to the Sites, the Services or these Terms; and
it is fair and reasonable that the parties are bound by this clause 9.2.

9.3

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. Where our liability cannot be excluded but can be limited, our liability is limited to the greater of NZD 100 or the total fees you have paid to us (if any) in the 3 months prior to the event giving rise to liability.

9.4

To the maximum extent permitted by law and only to the extent clauses 9.1 to 9.3 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Sites or Services, or your access and use of (or inability to access or use) the Sites or Services, must not exceed the amount set out in clause 9.3.

9.5

We are not liable to you under or in connection with these Terms or the Sites or Services for any:

loss of profit, revenue, savings, business, use, data (including Your Content), and/or goodwill; or
consequential, indirect, incidental or special damage or loss of any kind.

Privacy Policy

10.1

Your privacy is important to us. When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020 and our Privacy Policy, available here (Privacy Policy).

10.2

The Privacy Policy explains how we collect, use, disclose, and protect your personal information when you visit the Sites, register for an account, or use the Services. By accessing or using the Sites or Services, you acknowledge that you have read and understood the Privacy Policy.

10.3

You are not required to provide personal information to us, although some features of the Sites or Services may not be available to you if you choose not to.

10.4

You have the right to request access to and correction of any personal information we hold about you. To exercise these rights, please contact us at privacy@medmatch.co.nz.

Suspension and Termination

11.1

Either party may terminate your access to the Sites or Services on 30 days' notice to the other party. If a party gives notice terminating your access to the Services under this clause:

during the notice period, you may access the Services and download a copy of Your Content; and
on expiry of the notice period, we may delete Your Content.

11.2

In addition to clause 11.1, and without limiting any other right or remedy available to us, we may suspend or terminate your access to the Sites or Services (or any part of them) immediately and without notice if:

we consider you have breached these Terms;
your use of the Sites or Services poses a security risk, disrupts the operation of the Sites or Services, or may negatively impact other users; or
we otherwise consider it reasonably necessary to protect our interests or the integrity of the Sites or Services.

11.3

On suspension or termination, you must immediately cease using the Sites and Services and must not attempt to gain further access.

11.4

Termination or suspension of your access does not affect any of our accrued rights and obligations, nor your obligations under these Terms which are intended to survive termination.

General

12.1

If we need to contact you, we may do so by email, through the Website, or via the contact details you have provided to us. You agree that this satisfies all legal requirements in relation to written communications.

12.2

These Terms, and any dispute relating to these Terms, the Sites or Services, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with these Terms, the Sites or Services.

12.3

A waiver of any right, power, or remedy under these Terms must be in writing and signed by us. A failure or delay in exercising a right, power, or remedy does not operate as a waiver.

12.4

Clauses which, by their nature, are intended to survive termination of these Terms (including clauses 5.7, 6 to 9, 11.4, and this clause 12) continue in full force and effect.

12.5

If any part of these Terms is, or becomes, illegal, unenforceable, or invalid, that part is deemed to be modified to the extent necessary to make it legal, enforceable, and valid. If modification is not possible, that part must be treated as severed from these Terms. The remainder of these Terms will continue in full force and effect.

12.6

These Terms, together with our Privacy Policy, the documents referenced in clause 1.3 and any other terms expressly referenced on the Sites, set out everything agreed between you and us relating to your use of the Sites and Services. They supersede and cancel anything discussed, exchanged, or agreed prior to you accepting these Terms. Each party acknowledges that it has not relied on any representation, warranty, or agreement relating to the Sites or the Services that is not expressly set out in these Terms. Without limiting the previous sentence, if you are accessing or using, or purport to access or use, the Sites or Services for the purpose of a business, the parties agree to contract out of sections 9, 12A, and 13 of the New Zealand Fair Trading Act 1986, and that it is fair and reasonable that the parties are bound by this clause 12.6.