Terms & Conditions

These terms and conditions (“Terms of Service”) govern your use of the Clinic Space Software and any other services of Health Space Clearing Pty Ltd.

Communications

You acknowledge and agree that Health Space Clearing (CLINIC SPACE ABN 600 984 174) may at times send you communications regarding your account or the service via email. If you have requested it, we may also send you communications about upgrades to the service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.

Accounts and Passwords

You must be a registered user to access the service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.

You must use all reasonable endeavours to prevent any unauthorized access to, or use of, the service and you must notify Clinic Space, [email protected] immediately in the event of any unauthorized access or use.

Acceptable use/Conduct

You are solely responsible for your conduct and your data related to the service. You warrant that you have all rights, licenses, authorizations and consents required to use the service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Health Space Clearing Pty Ltd. (CLINIC SPACE ABN : 600 984 174 ), its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.

The service, including any software that forms part of the service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.

The particular service you purchase may limit the number of users who may use the service. You must not allow any additional users to use the service. Health Space Clearing Pty Ltd. has the right to audit your use of the service, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, Health Space Clearing Pty Ltd. may require you to immediately pay an additional service fee for such use.

Any unauthorized use of the Service is a violation of these Terms of Service and may breach Commonwealth, State or Territory laws. Such violations may subject you or your staff to civil and criminal penalties.

Health Space Clearing Pty Ltd. will endeavour to make the service available 24 hours a day, seven days a week. However, you acknowledge and agree that the service may occasionally be unavailable during periods of planned or unscheduled maintenance and, at times, unexpected outages. Health Space Clearing Pty Ltd. may perform unscheduled maintenance at any time, but will only do so if deemed necessary.

Fees

A valid credit card is required for payments. A credit card is not required to start a free trial, and you will only need to supply this if you wish to continue with a paid subscription account.

Credit card security is implemented using https (256-bit encryption) on all transactions. Your credit card details are stored at a trusted and secure payment gateway used by Health Space Clearing Pty Ltd. for payment processing.

All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST, you will be responsible for paying GST on top of the subscription fees.

Downgrading or canceling your account may cause the loss of access, content or features of the service. Health Space Clearing Pty Ltd. does not accept any liability for such loss.

All monthly subscription fees must be paid monthly in advance.

All fees related to the service, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days’ notice from us.

If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.

SMS reminders (an optional feature) are charged per SMS sent. You are responsible for ensuring you have sufficient credit for SMS reminders (these are charged separately from the monthly subscription). Refunds will not be issued for unused SMS reminder credits if you cancel your account.

Cancellation and Termination

You are solely responsible for the cancellation of your account.

Failure to pay your subscription fees will result in your account being suspended. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription.

If you cancel your account before the end of your currently paid month, the Service will end immediately and you will not be charged again. You will not be entitled to a refund.

You may have Statutory Rights

Certain legislation, including the Competition and Consumer Act 2010 (Cth) may impose consumer guarantees or implied rights which cannot be excluded, restricted or modified except to a limited extent (“Statutory Rights”). These Terms of Service must be read subject to your Statutory Rights. If Statutory Rights apply, to the extent to which Health Space Clearing Pty Ltd. is able to do so, its liability under those provisions will be limited, at its option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.

Without limiting your Statutory Rights

You understand and agree that the service is provided “as is” and, to the extent permitted by law Health Space Clearing Pty Ltd. and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Health Space Clearing Pty Ltd. ‘s servers. Health Space Clearing Pty Ltd. and its suppliers make no warranty or representation that your use of the service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the service, the security of the service, or that the service will meet your requirements.

Health Space Clearing Pty Ltd. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Limitation of Liability without limiting your Statutory Rights

Use of the service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the service. The entire risk arising out of use, security or performance of the Service remains with you.

If there is any loss or damage to your data, your sole and exclusive remedy will be for Health Space Clearing Pty Ltd. to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by Health Space Clearing Pty Ltd.

In no event shall Health Space Clearing Pty Ltd. be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with the service or any other service provided by Health Space Clearing Pty Ltd.

SMS Service

We offer an integrated SMS system for use within Clinic Space that is an automated appointment reminder and sender of SMS messages. We use a credit based system for sending SMS messages – each message is charged at a predetermined amount monthly and may change at any time without notice. We cover all of the Australian network operators, but the cost of sending is dependent on the network operators in the particular region.

1 credit will generally = 1 message, however some destinations may charge less than 1 credit and some may charge 2 or more credits per message.

You agree that Health Space Clearing Pty Ltd. will not be held responsible for any repercussions for SMS messages not sent or not received and for any misuse of the SMS services offered, which may be interpreted as spam or unwanted electronic material.

SMS message delivery is not guaranteed by any network operator, and there is no method through which we can determine whether an SMS message has been delivered to the recipient’s handset. Around 1% to 5% of messages are lost in transmission during normal operating conditions, and some may be delivered late, or not at all.

Linked Websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Health Space Clearing Pty Ltd are not responsible for the content or privacy practices associated with linked websites.

Our connection to linked websites should not be construed as an endorsement, approval or recommendation by us, of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to, or contained on those linked websites, unless, and to the extent stipulated, to the contrary.

Intellectual property and data

Health Space Clearing Pty Ltd. claims no intellectual property rights over the data or other material you provide to the Service. You acknowledge that Health Space Clearing Pty Ltd. owns all right, title and interest in and to the service, including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

You consent to Health Space Clearing Pty Ltd.. transferring your data to third party IT providers, including our website host and back-up service provider, outside of Australia.

General

You may not assign your rights in respect of the service to any other person.

Health Space Clearing Pty Ltd. will not be liable for any delay or failure to perform any of its obligations in respect of the service if such delay or failure is due to an event which is beyond its control.

If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.

Health Space Clearing Pty Ltd. may modify the service, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms of Service and give you a reasonable period of time to notify us that you do not agree to the modified Terms of Service and cease using the service.

This Agreement is governed by the laws of the state of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

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