Clinic Mate Terms of Service

By using the Clnic Time (clinicmate.com.au) Service, you (the Client) agree to be bound by the following terms and conditions as set by Thomas Multimedia (the Provider).

Table of Contents:

Section 1: The Clinic Mate Service

  1. You are responsible for all content posted and activity that occurs under your account (even when content is posted by other users of your account).
  2. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  3. While every effort is made to provide a secure online presence, the Client is fully responsible for the security, content and every-day operations of their account. Any breach of security, including, but not limited to, server hacking, stolen passwords, compromised data, lost data, etc., shall be the sole responsibility of the Client.
  4. Thomas Multimedia shall be held harmless from any legal problems, accusations, or illegal activities that may arise from the Client's account, business or personal activities. Thomas Multimedia is a hired Service provider, and is not in any other way affiliated with or employed by the Client.

Section 2: Plan Payments

  1. All Clinic Mate plans are subject to monthly charges as outlined on www.clinicmate.com.au/plans. The Client is required to ensure that account invoices are paid by the due date. The payment is considered to be pre-pay - the Client is paying for the month ahead at all times.
  2. Any cancellation or non-payment by the Client of the recurring payment amount will result in suspension of the Clinic Mate Service to the Client on the day that the pre-paid period expires.
  3. Thomas Multimedia may in its own discretion permanently remove any account data should the account remain unpaid for a period of 60 days or more.
  4. In the event that the Client upgrades or downgrades to a different plan from their current plan, the new plan rate will become effective from the next monthly invoice. Features related to the plan change will be available instantly at the time of the plan change.
  5. Thomas Multimedia may in its own discretion permanently remove any account data should the account remain unpaid for a period of 60 days or more.

Section 3: SMS Charges

  1. All Clinic Mate plans come with an allocation of free SMS credits as outlined on www.clinicmate.com.au/plans. One SMS credit equates to one SMS successfully sent to a mobile device on the Client's behalf within Australia.
  2. Once the allocation of free SMS messages has been used, the Client may choose to purchase additional SMS credits from their Clinic Mate Account page at rates starting at 10 cents per message.
  3. The Client may at their discretion choose not to purchase SMS credits and still use the Clinic Mate software excluding any SMS functionality.

Section 4: Cancellations

  1. The Client may cancel their account at any time. All future recurring payments will be cancelled immediately, however refunds will not be given for any prior payments.
  2. Any outstanding invoices for services rendered must be paid.
  3. Any data previously submitted by the Client to the account may be provided in a compressed archive upon request.

Section 5: Privacy

  1. The data which you submit to Clinic Mate will not be sold or shared with any third parties. We may access your data in exceptional circumstances, such as:
    • We are required to do so by law
    • You request us to do so (ie. issue resolution)

Section 6: Copyright and Ownership

  1. All content submitted by the Client must comply with Australian and International copyright law.
  2. Thomas Multimedia assumes no ownership of any data submitted to the Service by the Client.
  3. The Client may request an export of all data submitted to the Service at anytime, excluding content in item 4 below.
  4. Thomas Multimedia reserves full ownership and copyright of all source code including but not limited to the core Service code, any and all customizations to any Client account, and all HTML, CSS and Javascript code used in rendering the Client account.
  5. Thomas Multimedia reserves the right to remove any content which is deemed as inappropriate, illegal, pornographic, offensive, defamatory, obscene or otherwise objectionable from the Client account, or which violated any of these Terms of Service.

Section 7: General Conditions

  1. Thomas Multimedia is an independent contractor and is not in any way bound by any terms to work for the Client exclusively, nor shall the Provider be restricted from contracting other companies of similar or same business type in any market or geographic area.
  2. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
  3. You agree not to modify, hack, duplicate, sell or exploit any section of the Service.
  4. You agree to not use any of the account functions to send out any form of spam or unsolicited messages.
  5. You understand that Thomas Multimedia uses third party vendors to supply hosting, backup, hardware and networking services required to run the Service.
  6. Any 3rd Party Terms and Conditions including but not limited to website hosting, domain registration, merchant banking and SSL security certifications which are associated with the Client account must be agreed to by the Client. Thomas Multimedia accepts no responsibility for any breach of 3rd party terms and conditions.
  7. If any terms of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect, as if such invalid or unenforceable term had never been included.
  8. Thomas Multimedia reserves the right to terminate this and other service agreements at any time by providing a minimum 28 days notice to the Client.