Terms and Condition

1. This web application (Application) allows medical practitioners to schedule automatic reminders based on the information they input. The Application will then notify the practitioner when it’s time to follow up, ensuring timely actions based on the entered data (Services).
2. The Application is operated by Medical Recall Pty Ltd ABN 74 675 029 820 (the Company, our, we or us’). Access to and use of the Application, or any of its associated Services, is provided by the Company. Please read these terms and conditions (Terms) carefully.
3. By using the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of the Services, immediately.
4. You agree to be bound by these Terms which form a binding contractual agreement between you, the User and the Company.

1. In order to access the Services, you will be required to register for an account through the Application before you can access the Services (Account). You will then have access to a free trial period (Trial Period).
2. By registering for an Account, you acknowledge and agree that it is your responsibility to ensure that the Services are suitable for your use.
3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
   1. Name
   2. Email address
   3. Phone number
   4. State
   5. Specialty Practice
   6. Consultation Fees
   7. Password
4. You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
5. Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the Trial Period or subscription period expires (Subscription Period).
6. You must not use the Services and must not accept the Terms if:
   1. you are not of legal age to form a binding contract with us; or
   2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
7. At the completion of the Trial Period or any time prior to the end of the Trial Period, you must purchase a subscription through the Application (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee) to continue to use the Services.

1. As a Member, you agree to comply with the following:
   1. you will use the Services only for purposes that are permitted by:
      1. the Terms; and
      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
   2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
   3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
   4. access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of us providing the Services;
   5. you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the Company;
   6. you will not use the Services or Application for any illegal and/or unauthorised use; and
   7. you acknowledge and agree that any automated use of the Application or its Services is prohibited.

If you are using personal and/or sensitive information on behalf of someone else, you must have the consent of that person to use their personal and/or sensitive information collected, used, and disclosed in accordance with our privacy policy. We reserve the right to request evidence of this consent.

If you are providing personal and/or sensitive information on behalf of someone under the age of 18 (Minor), you must obtain consent from the Minor’s parent or legal guardian for the Minor’s personal and/or sensitive information to be collected, used and disclosed in accordance with this privacy policy.

1. All payments made in the course of your use of the Services are made through a third party payment provider (Payment Provider). In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Payment Providers terms and conditions.
2. You acknowledge and agree that where request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
3. You agree and acknowledge that the Company can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

The Subscription Fee is non-refundable except as required by law or at our sole discretion.

You must not:

1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Application without our express consent;
2. use, or attempt to use, the Application in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
3. use, or attempt to use, the Application in a manner that may interfere with, disrupt or create undue burden on the Application or the servers or networks that host the Application;
4. use the Application with the assistance of any automated scripting tool or software;
5. act in a way that may diminish or adversely impact our reputation, including by linking to the Application on any other Application; and
6. attempt to breach the security of the Application, or otherwise interfere with the normal functions of the Application, including by:
   1. gaining unauthorised access to Application accounts or data;
   2. scanning, probing or testing the Application for security vulnerabilities;
   3. overloading, flooding, mailbombing, crashing or submitting a virus to the Application; or
   4. instigate or participate in a denial-of-service attack against the Application.

1. While we will use our best endeavours to ensure the Application is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
   1. the Application may have errors or defects;
   2. the Application may not be accessible at times;
   3. messages sent through the Application may not be delivered promptly, or delivered at all;
   4. information you receive or supply through the Application may not be secure or confidential; or
   5. any information provided through the Application may not be accurate or true.
2. We reserve the right to change any information or functionality on the Application by updating the Application at any time without notice, including product descriptions, prices and other Application Content.

1. The Application, the Services and all of the related products of the Company are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by us. 
2. All trademarks, service marks and trade names are owned, registered and/or licensed by the Company, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
   1. use the Application pursuant to the Terms;
   2. copy and store the Application and the material contained in the Application in your device's cache memory; and
   3. print pages from the Application for your own personal and non-commercial use.
3. The Company does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by the Company.
4. We retain ownership of the Application and all materials on the Application (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Application Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
5. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Application or any Application Content without prior written consent from us or as permitted by law.  

1. The Application may contain links to other Applications that are not our responsibility. We have no control over the content of the linked Applications and we are not responsible for it.

1. Inclusion of any linked Application on the Application does not imply our approval or endorsement of the linked Application.

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of the Company. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, the Company will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Application. You should take your own precautions to ensure that the process that you employ for accessing the Application does not expose you to risk of viruses, malicious computer code or other forms of interference.

If you become aware of misuse of the Application by any person, any errors in the material on the Application or any difficulty in accessing or using the Application, please contact us immediately using the contact details or form provided on our Application.

You agree to be bound by our Privacy Policy, which can be found here.

1. We collect personal information about you in order to enable you to access and use the Application, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

1. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

1. You acknowledge and agree that services related to the reminders via the Application are solely between you and the relevant patient and do not involve the Company in any way.
2. Any payments for your services will be between you and the patient.

We will store data using a third-party hosting (Hosting Service), subject to the following terms:

1. (hosting location) you acknowledge and agrees we may host via cloud-based services which use storage servers located in and potentially outside Australia.
2. (service quality) While we will use best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Service will be free from errors or defects or that data will be accessible or available at all times.
3. (security) We will use best efforts to ensure that data is stored securely. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
4. (backups and disaster recovery) In the event that data is lost due to a system failure (e.g., a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.

1. We make no warranties or representations about this Application or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Application. To the maximum extent permitted by law, we each exclude each other from any liability that may arise due to your use of our Application and/or the information or materials contained on it.
2. Use of the Application and the Services is at your own risk. Everything on the Application and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the Company) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products;
   3. costs incurred as a result of you using the Application, the Services or any of the products of the Company; and
   4. the Services or operation in respect to links which are provided for your convenience.

You are responsible for the collection and remission of all taxes associated with the services you provide, and the Company will not be held accountable in relation to any transactions between patients, customers and service providers where tax related misconduct has occurred.

You agree that no information owned by the Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential.

1. The Terms will continue to apply until terminated by either you or by the Company as set out below.
2. Termination of your Subscription is done through your Account within the Application.
3. By cancelling the Subscription prior to the end of the Subscription Period, your Subscription will not automatically renew. Your access to the Application will remain until the end of your paid Subscription Period.
4. The Company may at any time, terminate the Terms with you if:
   1. you do not renew the Subscription at the end of the Subscription Period;
   2. you have breached any provision of the Terms or intend to breach any provision;
   3. the Company is required to do so by law;
   4. the provision of the Services to you by the Company is, in our opinion of no longer commercially viable.
5. Subject to local applicable laws, the Company reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Company’s name or reputation or violates the rights of those of another party.

1. If there is any issue or problem relating to the Application or Services, you must report it to us. We will assess the complaint and attempt to quickly and satisfactorily resolve it. Any costs you incur in relation to a complaint or dispute will be your responsibility.
2. The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
3. The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
4. If you have a dispute with the Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
5. Notwithstanding any other provision of this clause, you or the Company may at any time cancel your Account or discontinue your use of the Application.

1. A notice or other communication to a party under this agreement must be:
   1. in writing and in English; and
   2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
   1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
   2. when replied to by the other party,

   whichever is earlier.