TERMS OF SERVICE (BETA TESTING)
Last updated: 12 May 2012
These Terms of Service ("Terms") cover your use of our products and services ("Services"). Please read them carefully, as you agree to be bound by these Terms whenever you access or use our Services. If you do not agree to these Terms, you must stop using our Services. "We" refers to Doctorbook Pty Limited.
These Terms apply to you whether you are a service provider ("Provider") or a person seeking to make an appointment with a Provider using our Services ("Customer"). You may use the Services in the capacity of a Provider, Customer, or both.
1.1. If you are a Provider, we provide you with services which allow you to list your business on our website and accept online appointments made by registered Customers.
1.2. If you are a Customer, we provide you with services which allow you to request an appointment with any Provider listed on our website, subject to the availability and discretion of the Provider.
2. USE REQUIREMENTS
2.1. If you are a Provider, you may be required to meet certain technical requirements in order to use our Services. Such technical requirements will be provided to you and include facilitating integration of our website with your practice management software.
2.2. If you are a Customer, you must create a user account to use the Services ("Account"). In relation to your Account, you agree to:
(a) provide accurate, true and real details on any registration or account profile form;
(b) keep your Account username and password confidential and secure;
(c) maintain only one Account to access the Services; and
(d) only register an Account if you are 18 or older.
3. ACCEPTABLE USE POLICY
You agree that your use of the Services is subject to your compliance with the following requirements:
(a) you may not use your Account to impersonate any person, or stalk or harass another person;
(b) you may not use the Services or your Account in a fraudulent or illegal manner;
(c) you may not intentionally or recklessly use the Services in a way that materially adversely impacts upon the performance of our Services for other Providers or Customers;
(d) if you are a Provider, you must use your best endeavours to contact a Customer promptly if you become aware that you will not be able to fulfill such Customer's appointment. We may terminate your Account if you repeatedly are unable to fulfill Customers' appointments in a timely manner. Before we terminate your Account, however, we will provide you with written notice of such problems and give you a reasonable opportunity to remedy them; and
(e) if you are a Customer, when making an appointment with a Provider, you must genuinely intend to attend that appointment. We may terminate your Account if you repeatedly do not show up to appointments that you have made and have not cancelled that appointment with reasonable advance notice to the Provider.
4. LIMITATIONS OF LIABILITY AND DISCLAIMERS
Other than as expressly set out in these Terms, we make no express or implied warranties in relation to the Services provided under this Agreement. The Services are provided "as is" and we do not warrant that they will be provided uninterrupted or error free.
You agree that we will not be liable in respect of any claim by you (whether arising in contract, tort, under statute or otherwise) for any direct, indirect, special, incidental, consequential damages or injury including loss of profits, revenue or data arising out of or in connection with the provision of Services under these Terms, and whether as a result of any breach or negligence by us.
Our maximum liability under these Terms for all breaches and any negligence will not exceed the lesser of A$20.00 and the amount of fees actually paid by you to us under these Terms during the last 12 months.
Anything in these Terms which limits or excludes any term, condition or warranty, express or implied, or our liability will apply to the extent permitted by applicable law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of these Terms where such exclusion, qualification or limitation would be prohibited by legislation.
You indemnify us, our agents, officers, employees, and third party service providers ("Indemnified Parties") against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which any of the Indemnified Parties suffer or incur as a direct or indirect result of: (a) any breach by you of any representation, warranty or term of these Terms; (b) any infringement by you of the intellectual property rights of a third party arising from any data, information or content you provide to us in connection with the Services; (c) any violation of law; and (d) any legal proceedings threatened or initiated against us by a third party as a result of the events described in paragraphs (a), (b) and (c).
6. TERM AND TERMINATION
We may suspend or terminate your Account if you breach these Terms.
As our Services are currently in beta testing, your Account may be terminated by us at any time whatsoever with or without notice to you.
You may terminate your Account at any time by requesting us to close it.
IP. You grant a worldwide, royalty free, irrevocable, perpetual license to us to use any content or works that you submit to us during your use of the Services to provide you with the Services or to use for our own promotional purposes.
Amendments. We may amend these Terms at any time. Such amendments will be effective as of the date they are posted on our website. By continuing to use or access the Services after the effective date of those amendments, you agree to be bound by them.
Notices. We may send you notices by email to the email address registered under your Docbook user account.
Entire Agreement. These Terms and any user policies posted on docbook.com.au supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of these Terms, and sets out the entire agreement between the parties relating to such subject matter.
Waivers; remedies; severability. A provision of or a right created under these Terms may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under these Terms will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in these Terms are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement. If any provision of these Terms is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms to the intent that the invalid or unenforceable provision will be treated as severed from these Terms.
Assignment. We may assign our rights and novate or transfer obligations with arise under these Terms. You may not assign your rights or novate or transfer obligations which arise under these Terms without our prior written consent.
Governing law. These Terms are governed by the laws of the State of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts located in the State of New South Wales.
Contact Us. If you have a question about these terms, email email@example.com.
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