Terms of Service

Last updated: April 2026

1. About Us

Refract Clinical is operated by Refract Clinical Pty Ltd(ABN: 33 696 886 352), a company registered in New South Wales, Australia (“we”, “us”, “our”). Our registered address is Level 1, 63-73 Ann Street, Surry Hills NSW 2010, Australia.

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

2. The Service

Refract Clinical provides a structured 360-degree feedback and professional development platform for medical practitioners (“the Service”). The Service is intended solely for professional development purposes and does not constitute a formal performance appraisal, credentialling assessment, or employment decision-making tool unless explicitly agreed in writing between Refract Clinical Pty Ltd and a health organisation.

3. Eligibility and Registration

You must be at least 18 years of age and a registered medical or health professional to use the Service. You may not use the Services if you are barred from receiving them under the laws of Australia or any country from which you access the platform.

As part of the registration process, you may be required to provide personal information including your email address, full name, password, and professional registration details and qualifications. You warrant that any information you provide will always be accurate, correct, and up to date. By registering, you confirm you have accepted these Terms and our Privacy Policy.

4. Professional Obligations and Regulatory Compliance

You acknowledge that as a registered health professional, you remain subject to all applicable professional regulatory obligations, including requirements imposed by AHPRA, state and territory medical boards, and professional colleges. You are solely responsible for ensuring your use of the Service complies with applicable professional standards, regulatory requirements, and documentation obligations. We recommend maintaining appropriate professional indemnity insurance and retaining feedback reports for professional development purposes.

While all reasonable efforts are made to maintain the confidentiality of information submitted through the platform, Refract Clinical Pty Ltd is subject to mandatory reporting obligations under the Health Practitioner Regulation National Law(National Law) and other applicable legislation. In the event that we receive credible information through the platform that constitutes or may constitute notifiable conduct — including but not limited to a practitioner practising while impaired, sexual misconduct in connection with professional practice, or a significant departure from accepted professional standards that places the public at risk — we will report that information to the relevant regulatory authority at the earliest opportunity. We will notify the subject practitioner of any such report unless prohibited by law from doing so.

5. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials. Use of your password by any other person may result in immediate cancellation of your access to the Services. Any use of your registration information by third parties is strictly prohibited.

You must notify us immediately at support@refractclinical.com if you suspect unauthorised access or any breach of security. We are not liable for losses arising from unauthorised use of your account.

6. Payment

Access to full cycle functionality requires payment of the applicable fee. Fees are displayed at the time of purchase and are in Australian Dollars (AUD) inclusive of GST where applicable. All payments are processed by Stripe. We do not store card details.

By completing payment, you acknowledge that you have read and agree to be bound by Stripe’s terms and conditions. Refract Clinical Pty Ltd may vary fees at any time; varied fees will apply to new cycles commenced after the date of variation.

7. Refund Policy

Fees are non-refundable once a feedback cycle has commenced (i.e. once any feedback provider has been invited), except where required by the Australian Consumer Law. Where Refract Clinical Pty Ltd is unable to continue to provide the Services, a refund will be provided in proportion to the unused portion of the Service. Nothing in these Terms limits or excludes any rights you may have under the Australian Consumer Law.

8. Feedback Confidentiality

Feedback collected through the platform is confidential. Individual feedback provider responses are anonymised before being shared with the subject physician. You must not attempt to identify individual feedback providers from aggregated reports.

Coordinators and supervisors who access feedback data do so in their professional capacity and are bound by the same confidentiality obligations.

9. Acceptable Use

You must not:

  • Use the platform for any purpose other than legitimate professional development
  • Submit false, misleading, or malicious feedback
  • Attempt to reverse-engineer, circumvent, or compromise platform security
  • Share your account credentials with any third party
  • Use the platform to harass, intimidate, or harm any person
  • Use the Services in connection with any commercial endeavours not specifically endorsed by Refract Clinical Pty Ltd
  • Use any automated means to access or use the Website or Services

10. Feedback Content and Indemnity

By submitting feedback through the platform, you warrant that:

  • Your feedback is honest, made in good faith, and based on genuine professional observation
  • You have not made any statement you know or believe to be false
  • Your feedback is not motivated by malice, personal animosity, or any improper purpose

Feedback submitted through the platform is communicated in a professional development context. Raters and subjects have a corresponding professional interest in the communication and receipt of such feedback, and statements made honestly and in good faith in this context attract qualified privilege under the Defamation Act 2005 (NSW) and equivalent legislation. This protection does not extend to statements made with malice or reckless disregard for their truth.

You indemnify Refract Clinical Pty Ltd and its officers, employees, and agents against any claim, loss, or liability (including reasonable legal costs) arising from feedback content you submit that is false, malicious, or otherwise unlawful.

If you believe feedback about you contains a false statement of fact, you may contact us at support@refractclinical.com. We will investigate and, where we determine a statement is credibly false or malicious, we reserve the right to remove or redact that content.

11. AI Processing

We use Anthropic’s AI API to conduct structured interviews, synthesise feedback, and generate personalised improvement recommendations. Your personal information is processed by Anthropic solely to provide these services and is not used to train AI models.

AI processing is integral to the platform. By registering and using the Service, you consent to this processing as described in these Terms and our Privacy Policy. You may withdraw consent at any time by closing your account; however, as AI processing is core to the Service, we are unable to provide a meaningful alternative without it.

12. Intellectual Property

All platform content, methodology, software, and materials are the intellectual property of Refract Clinical Pty Ltd and are protected by copyright under the laws of Australia. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own professional development. You may not reproduce, redistribute, or commercialise any part of the platform or its outputs without written consent.

13. General Disclaimer

Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded. Use of the Website and Services is at your own risk. Everything on the Website and Services is provided “as is” and “as available” without warranty or condition of any kind.

14. Limitation of Liability

To the maximum extent permitted by law, Refract Clinical Pty Ltd and its officers, employees, and agents are not liable for any indirect, incidental, special, or consequential loss arising out of your use of the Service, including but not limited to loss of data, loss of income, or professional consequences arising from feedback received.

Where liability cannot be excluded under the Australian Consumer Law, our liability is limited, at our option, to re-supplying the Service or refunding the fee paid.

The Service provides tools to support professional development conversations. It does not provide medical, legal, or employment advice. Decisions made on the basis of feedback reports remain the sole responsibility of the individuals and organisations involved.

15. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using the Service you consent to the collection and use of your information as described in the Privacy Policy.

16. Competitors

If you are in the business of providing similar services to those offered by Refract Clinical Pty Ltd for commercial gain, you are a competitor. Competitors are not permitted to use or access any information or content on the platform. If you breach this provision, Refract Clinical Pty Ltd will hold you fully responsible for any loss sustained and accountable for all profits derived from such a breach.

17. Termination

These Terms will continue to apply until terminated by either you or by Refract Clinical Pty Ltd. You may terminate by providing 14 days’ written notice to support@refractclinical.com and closing your account. We may suspend or terminate your account immediately if you breach these Terms, if we are required to do so by law, or if continuation of the Services is no longer commercially viable.

On termination, your data will be retained for the period required by applicable law and then deleted in accordance with our Privacy Policy.

18. Indemnity

You agree to indemnify Refract Clinical Pty Ltd, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your content or conduct, any breach of these Terms, or your use of the platform.

19. Dispute Resolution

If a dispute arises out of or relates to these Terms, either party must not commence Tribunal or Court proceedings unless the following process has been followed (except where urgent interlocutory relief is sought).

The party claiming a dispute has arisen must give written notice to the other party detailing the nature of the dispute and desired outcome. Within 28 days of that notice, the parties must endeavour in good faith to resolve the dispute by negotiation. If unresolved after 28 days, the parties must appoint a mediator (or request one be appointed by the Resolution Institute), share costs equally, and conduct mediation in Sydney, New South Wales. If mediation does not resolve the dispute within 2 months, either party may ask the mediator to terminate the mediation.

All communications in connection with this dispute resolution process are confidential and treated as without prejudice.

20. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

21. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the remainder of the Terms shall continue in full force and effect.

22. Changes to These Terms

We may update these Terms from time to time. We will notify you by email at least 14 days before material changes take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

23. Contact

Questions about these Terms: support@refractclinical.com
Refract Clinical Pty Ltd, Level 1, 63-73 Ann Street, Surry Hills NSW 2010, Australia