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These terms and conditions, Your Order Form, and any materials or documents specifically incorporated by reference constitute an Agreement between You and Health Provider Finder (this Agreement). By completing the Order Form You indicate that You have read, understood and accepted the terms of this Agreement.
a. You and Your mean the client identified on the Order Form.
b. Health Provider Finder, We, Us and Our means Health Provider Finder Pty Ltd (ACN 673 829 073).
c. Membership means one (1) non-exclusive and non-transferable licence giving the right to the one (1) User named in the Membership to use the Platform during the Licence Term, in accordance with and subject to the terms of this Agreement.
d. User means a User named in a Membership in Your User Account.
e. Licence Fee means the amount of money You must pay to Us, using one of the payment methods we accept, to purchase one (1) Membership.
f. Start Date means the date You first made a payment to Us in accordance with this agreement.
g. Licence Term means the period commencing midnight on the same day as the Start Date each month and ending at midnight on the same day the following month.
h. Your User Account means all Memberships identifying You as the client.
i. Order Form means the information in the form You submitted to us when You first provided Your credit card details or other payment, including updates to that information.
j. Platform means the service provided by Health Provider Finder for use by Users in accordance with this Agreement together with the Content available through the Platform.
k. Your Data means any data that You or any User uploads, submits or otherwise transmits to Health Provider Finder directly, or through the Platform.
l. Content means data supplied by Us, contained within or supplied in connection with the Platform.
m. Device means the hardware used by You to operate the Platform including Personal Computers, Mac computers, and all devices using Android or iOS operating systems.
Subject to Your compliance with this Agreement, we will provide to each User named in a Membership:
a. Access to the Platform and Content;
b. Updates to the Platform and the Content; and
c. Email support.
However, we will not be responsible for:
d. problems relating to hardware, operating systems or networks; or
e. problems relating to third party platform; or
f. data You lose which was not hosted on Our servers; or
g. problems relating to Your information technology and communications infrastructure (ITC).
You will:
a. Be responsible for Users’ compliance with the use of the Platform;
b. Use reasonable and diligent efforts to prevent unauthorised access to or use of the Platform and Content;
c. Notify Us promptly if You become aware of any possible or actual unauthorised access or use of the Platform or Content;
d. Ensure that Your and the Users’ use of the Platform is in accordance with these terms;
e. When Health Provider Finder is providing assistance, You must ensure a suitably trained and informed User is available;
f. Be responsible for third party platform You use and Your information technology and communications infrastructure (ITC);
g. Health Provider Finder does not rectify hardware, operating system or network problems or problems relating to
h. which is the responsibility of Your information technology and communications infrastructure (ITC) providers.
You will not:
i. Make the Platform and Content available to any person other than the Users;
j. Commercialise the Platform; or
k. Use the Platform to store or transmit illegal materials or malicious code.
a. Subject to Your payment of the applicable Licence Fee and Your continuing compliance with this Agreement, Health Provider Finder grants You:
i. one (1) Membership;
ii. for use during one (1) Licence Term,
in exchange for each payment by You of a Licence Fee.
b. If We have offered and you have accepted a free trial period of the Platform:
i. Your Order Form must indicate the number of Memberships You wish to use during the free trial period;
ii. Your Order Form must include all payment information of Yours that we request (which may include Your credit card details);
iii. Upon successfully submitting your Order Form, we will grant you the Memberships you requested, subject to the terms and conditions as apply to all Memberships EXCEPT that You will not be required to pay a Licence Fee during the free trial period;
iv. You may cancel your User Account through the Platform at any time prior to the expiration of the trial period, in which case We will not charge You;
v. If You do not cancel your User Account before the free trial period expires, on the following day We will charge You and take payment from You for each Membership in the User Account and the Start Date (as defined in Definitions) for each such Membership will be the date we took the payment.
c. All Memberships in Your User Account are for the sole purpose of enabling You to use the Platform for Your internal business purposes.
d. All Memberships in Your User Account are subject to this Agreement and will end upon any termination of this Agreement.
e. All functions, data, information, and materials provided by Health Provider Finder via the Platform may only be used by You in the ordinary course of the activities of Your organisation.
f. A User may access and use the Platform on multiple Devices, however, only one Device per User may be used at any one time.
g. You must notify Us immediately in writing if You become aware that there may have been an unauthorised use of the Platform or any other security breach relating to You or a User.
h. You acknowledge that if a User breaches such policies or this Agreement, in Our sole discretion, We may suspend access to the Platform for that User or for all Users in Your User Account.
i. You will be solely responsible and liable for the use of the Platform by You, any User or any other person who gains access to the Platform as a result of You or a Users’ failure to use reasonable security precautions.
a. You are the owner of Your User Account.
b. You must inform Us of, and identify to Us, all Memberships which are connected or associated with You or are a related entity of You, including where the User named is Your contractor, Your employee, or Your spouse. We reserve the right to allocate all such Memberships to Your User Account.
c. You may add additional Memberships to Your User Account at any time.
d. All Memberships in Your User Account have the same Licence Term (as defined in Definitions above), irrespective of whether a Membership is purchased part way through a Licence Term.
e. The standard cost to purchase each Membership applies at the time of purchase. No pro-rata adjustments or discounts will be given, irrespective of whether a Membership is purchased part way through a Licence Term.
f. The price for You to purchase a Membership is determined by Us in Our sole discretion.
g. At any time prior to or during a Licence Term You may cancel one or more Memberships. No refund or pro-rata adjustments or discounts will be given for cancellations.
h. If Your User Account contains no Memberships, You will not have access to the Platform. You will regain access when Your User Account contains one or more Memberships.
Unless stated otherwise, the cost of the Licence Fee and any professional services We provide are exclusive of Goods and Services Tax (GST) which must additionally be payable by You.
Health Provider Finder acknowledges and agrees that nothing in this Agreement grants to Health Provider Finder any right, title or interest in any of Your Data other than a limited non-exclusive right to use or process Your Data solely for the purposes of providing the Platform. You hereby grant Health Provider Finder a worldwide, non-exclusive and limited-term license to use Your Data solely to the extent necessary to provide the Platform in accordance with this Agreement. You are responsible for ensuring that You have all the necessary rights to grant this licence and that Your Data does not infringe on the rights of any copyright owners, violate any applicable laws or violate the terms of any license or agreement.
a. If you encounter any problems in relation to transitioning / migrating Your Data to the Platform, You must bring them to Health Provider Finder’s attention, in writing, within 14 days of the problem arising.
b. You must ensure that a copy of Your Data is securely stored and hosted by You until such time as it has been securely migrated to the Platform and a further 14 days have passed without issue; and
c. We do not promise or represent that You will be able to successfully migrate Your Data to the Platform; and
d. We are not liable for any loss You suffer as a result of problems You experience migrating your Data to the Platform.
It is Your responsibility to ensure that Your information technology and communications infrastructure (ITC) meet the Health Provider Finder System Minimum User Requirements which are published at www.healthproviderfinder.com.au and You acknowledge that:
a. The Platform may not operate properly (or at all) on non-compliant hardware or platforms.
b. The Platform is subject to limitations inherent in the use of Internet and other third-party communication platform and Devices and Health Provider Finder is not responsible for any delays, delivery failures, or other damage resulting from their use.
c. Health Provider Finder does not accept any responsibility for defects, data corruptions, Platform failures or performance degradation caused by viruses or other platform or components on Your hardware that may interfere with the way the Platform operates.
d. It is Your responsibility to ensure that Your ITC is properly maintained and is not changed in a way which may adversely affect the operation of the Platform.
e. Work done by Health Provider Finder due to failure to comply with (a) to (d) above may be charged to You at standard development rates.
f. During the Licence Term, Health Provider Finder may offer a mandatory upgrade of the Platform to newer versions. This will happen if the operating system or any third-party component used by Health Provider Finder ceases to be supported by their respective vendors.
g. Your Data that synchronises with the hosted data servers will be backed up by Health Provider Finder. It is Your responsibility to ensure that all other data stored locally is backed up. You acknowledge that You have no claim against Health Provider Finder for any loss or damage to data stored locally.
g. By signing up for the services provided by Health Provider Finder, you acknowledge and agree that Health Provider Finder does not guarantee that you will find a client, receive queries, or be contacted by someone to use your services. Utilizing our platform is inherently associated with the risk that your listings may not attract the desired attention or generate the expected engagement. Health Provider Finder provides a platform for advertising and connecting with potential clients, but the outcome of such advertising efforts cannot be assured. By proceeding with the subscription, you accept this risk and understand that no refunds will be provided based on the performance or results of your listings.
a. It may from time to time be necessary for Health Provider Finder to review Your information for the purposes of providing the Platform. Health Provider Finder undertakes to exercise the utmost good faith in maintaining all such information as confidential and will use such information only for the purposes of this Agreement.
b. Health Provider Finder will comply with the requirements of applicable data protection legislation.
a. Either party shall be entitled to terminate this Agreement immediately and at any time for cause by giving written notice to the other party if that other party:
i. commits a material breach of this Agreement and fails to remedy that breach within seven (7) days’ written notice of that breach; or
ii. commits a material breach of this Agreement incapable of remedy.
b. After the effective date of termination or expiration of this Agreement, You will no longer have any right to use or access the Platform, or any information or materials that Health Provider Finder makes available to You under this Agreement.
a. In the event this Agreement is terminated, You will no longer have access to Your Data. It is Your responsibility to extract it from the Platform prior to the termination date. You will otherwise need to purchase a new Membership to extract Your Data.
b. Your Data remains Your property. Health Provider Finder will retain Your Data for a minimum of seven (7) years after the effective date of termination or expiration of this Agreement. Health Provider Finder will then destroy it.
Notwithstanding any other provision of this Agreement, neither party will be liable for any failure to perform its obligations under this Agreement where that performance is delayed, prevented, restricted or interfered with as a result of a fire, flood, earthquake, utility failure, elements of nature or act of God, riot, civil disorder, rebellion, acts of war or terrorism, telecommunication breakdowns or interruptions and power failures.
We reserve the right to suspend access to the Platform, in whole or in part, until further notice, with immediate effect:
a. to periodically maintain or improve the Platform;
b. if You fail to pay all or part of any fee by the due date; or
c. if We reasonably believe You are using the Platform in a way which constitutes a breach of this Agreement, or is likely to be found illegal.
Health Provider Finder’s liability to You is not limited or excluded where and to the extent, such liability cannot be limited or excluded in accordance with applicable law. In all other circumstances, Health Provider Finder will not be liable to You or to any third party for any costs, expenses, losses and damages incurred in relation to the Platform, whether that liability arises in contract, tort, under statute or otherwise. Without limitation, Health Provider Finder will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
To the extent permissible by applicable law, Health Provider Finder’s aggregate liability, for any cause whatsoever, and regardless of the form of the action, is limited to the amount of fees paid, if any, by You for the Platform in the six (6) months immediately preceding the date on which the claim arose.
16.1 a. To the fullest extent permitted by law, we disclaim all liability and you waive and release us from any and all liability arising from or connection with:
b. any aspect of the interactions between Users and Subscribers, including the services offered by Subscribers, descriptions of the services requested or offered, any advice provided, or the performance of services; and
c. any events beyond our reasonable control.
d. You agree to indemnify us for any liability we incur due to your breach of the Acceptance and Platform License clause, the Confidentiality clause, or the Intellectual Property clause of these Terms.
e. As a Subscriber, you agree to indemnify us for any liability we incur due to our reliance on information you provide, which may be false, inaccurate, or incomplete.
f. This clause will survive the termination or expiration of these Terms.
By subscribing to Health provider Finder, you acknowledge and agree to the following terms:
a. Subscription Agreement: Upon subscribing to our service, you are entering into a recurring subscription agreement. Your subscription will automatically renew at the end of each billing cycle unless you cancel it in accordance with our cancellation policy. When cancelling a subscription, it will terminate at the end of the current subscription term.
b. Non-Refundable Payments: All payments made to our service are final and non-refundable. Once a payment has been processed, no refunds, partial or otherwise, will be issued. This policy applies to all subscription fees and charges associated with the use of our service.
Health Provider Finder does not take any responsibility for the actions, omissions, or conduct of any verified providers listed on its platform. While all provider documentation, including but not limited to insurance, NDIS Worker Screening Check, policies and procedures, company registration, and NDIS registration, is valid at the time of approval, it remains the sole responsibility of the provider to ensure that all such documentation remains current and compliant with regulatory standards. Health Provider Finder assumes no liability for any failure on the part of the provider to maintain up-to-date credentials or meet regulatory requirements.
a. You must not assign or subcontract Your rights and/or obligations under this Agreement without Our prior written approval.
b. We may assign or subcontract the whole or any part of Our obligations under this Agreement, for which We do not need Your approval.
You acknowledge that this Agreement constitutes the entire understanding between Us and You and supersedes all other prior or contemporaneous negotiations, agreements or understandings whether written or oral between Us and You or otherwise published by Us relating to this Agreement.
