This Application – Practice Manager 24/7 (“Application”) is owned and operated by Biz 247 Pty Ltd ACN 153 362 540. The Application is provided to you subject to your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Application (known collectively as “Terms and Conditions”). Your use of, and/or access to, the Application constitutes your agreement to the Terms and Conditions. Biz 247 Pty Ltd reserves the right to amend the Terms and Conditions at any time.
Terms and Conditions
All text, videos, information, material, graphics and software on the Application (the “Content”) is provided for you to use as a service when you subscribe to the Application (the “Purpose”). You agree to use the Application and its contents for the Purpose and for your exclusive use only. The Content must not be reproduced for, or distributed to, or relied upon by, any other person(s) or by you for any other purpose.
Intellectual property and restrictions on use of Content on the Application
To register on the Application, you are required to provide Biz 247 Pty Ltd with your contact details. These details may include your name and title, email address, telephone number, fax number, street address, user id and password (“Personal Information”). Biz 247 Pty Ltd will use your Personal Information for the purpose of providing you with access to the Application, to contact you (by mail, phone, fax or email) to provide information regarding the Application and the Content. Biz 247 Pty Ltd will use its best efforts to ensure that your Personal Information is kept secure and protected from misuse, loss, unauthorised access, modification or disclosure. Biz 247 Pty Ltd will not disclose your Personal Information to any third parties without your consent, except that Biz 247 Pty Ltd may be required to disclose the Personal Information to comply with its legal obligations or may need to disclose your Personal Information to service providers to help it maximise the quality and efficiency of its services and business operations. Biz 247 Pty Ltd requires its service providers to adhere to its privacy guidelines and not to keep the Personal Information or use it for any unauthorised purposes. As this Application is available internationally, there may be exchanges of information, including your Personal Information, outside of Australia, and the back up of the content of computer files on different servers located outside of Australia. As a result, we may transfer Personal Information outside of Australia to countries whose privacy laws do not provide the same level of protection as in Australia. However, this does not change any of our commitments to safeguard your privacy and the information remains subject to existing confidentiality obligations. Biz 247 Pty Ltd will store your Personal Information whilst you are using and accessing the Application. If you require further information or would like to request Biz 247 Pty Ltd to correct, amend or delete your Personal Information, and/or if you cease to use the Application, please tell us using the Contact Us section of the Application or our website.
Disclaimer and limitation of liability
The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Biz 247 Pty Ltd of goods or services on the Application which cannot be excluded, restricted or modified (“Non-excludable Rights”). Biz 247 Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. To the fullest extent permitted by law and except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) Biz 247 Pty Ltd expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Biz 247 Pty Ltd does not warrant that your access to the Application will be uninterrupted or error-free, that any defects will be corrected or that the Application or the server which stores and transmits Content to you are free of viruses or any other harmful components, and d) Biz 247 Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the Application (including any related or linked Applications) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. To the fullest extent permitted by law and except as provided for by the Non-excludable Rights, under no circumstances (including but not limited to any act or omission on the part of Biz 247 Pty Ltd and whether arising in contract, tort (including negligence) or otherwise) will Biz 247 Pty Ltd or its affiliates be liable for any indirect, incidental, special or consequential damages or any loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss of or interruption to your business whatsoever which result from any use or access of, or any inability to use or access, the Application or any Content. To the fullest extent permitted by law, Biz 247 Pty Ltd’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Biz 247 Pty Ltd to the following: in the case of services supplied or offered by Biz 247 Pty Ltd, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Biz 247 Pty Ltd, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
You are agreeing to a 12 month subscription contract to our application Practice Manager24/7. The online business management application includes various plans that contain pre-set monthly quotas of sms, emails and virtual assistant usage minutes. Different packages contain varying amounts. Standard packages include the following; Small Practice – 350 emails, 50 sms, and 40 minutes virtual assistant incoming call time using a landline for diversion (less for mobile telephone diversion). Growing Practice – 500 emails, 120 sms, and 80 minutes virtual assistant incoming call time using a landline for diversion (less for mobile telephone diversion). Group Practice – 2100 emails, 500 sms, and 160 minutes virtual assistant incoming call time using a landline for diversion (less for mobile telephone diversion). Virtual assistant minutes will be used up faster if a mobile or other telephone is used for diverted calls.
Summary of the description of the service
Provision of the service
We will provide the service for the minimum term of the agreement or until the service is cancelled in accordance with the agreement.
Conclusion of minimum term
If you do not wish to continue the service at the end of the minimum term, you must notify us of this before the end of the minimum term. We will notify you before the end of the minimum term, if we are not going to provide you with the service at the end of the minimum term or if we are going to change the terms of the agreement at the end of the minimum term.
Changing the agreement
We may change the agreement by (by giving you reasonable notice of the change if we reasonably expect it to adversely affect you. We will give you 14 days notice in writing (eg email) of the change and allowing you to cancel the service within 30 days of giving notice without paying fees or charges, other than those set out in the agreement. Unless otherwise set out in the agreement, you cannot make any changes to the agreement without our consent.
Changing your package or plan
You may upgrade to the next plan of greater value within the 12 month subscription period, however you are unable to change to a lower plan without a written request and consent provided by Biz 247 Pty Ltd.
Use of the service
We will provide the service to you with due care and skill. You must use the service in accordance with the agreement and ensure that any person you allow to use the service complies with the agreement. You nor any of your employees, contractors or staff, must never use Practice Manger24/7 or any other sites operated by Biz 247 Pty Ltd to spam or send out bulk SMS or emails to undisclosed/unauthorised recipients.
Fees and charges
Information about fees and charges under the agreement is set out in the pricing page of our website. You are responsible for paying the fees and charges for the service (set out in the standard pricing table or under a promotion or offer made by us), any additional fees and charges under the agreement (including your application) and those fees and charges which are notified by us in accordance with the agreement. You must pay all fees and charges incurred for the service, even if you did not authorise its use, the service is unavailable or you are unable to access it. Charges may include: delivery charges, set up fees, usage charges, top-up charges, access fees, rental fees, administration charges, suspension or cancellation fees, late payment fees, payment dishonour fees and reconnection or reactivation fees. The amount of the service charges will depend on the service option and pricing plan you select. We may offer promotions or offers in connection with the service (special). If you validly accept a special, the price and terms of the special will prevail over those otherwise applicable under the agreement for the duration of the special until the special expires and then the full terms of the agreement will apply. All emails, SMS and virtual assistant minutes are based on a pre-set monthly “use it or lose it” quota. All quotas of emails SMS and virtual assistant minutes will not be rolled over into the following month. This will also include any additional top-up amounts purchased. Once top-ups are purchased, they will not be refunded.
Biz 247 Pty Ltd provides secure payment facilities for customer convenience and security. It is the responsibility of customers to provide credit card details and sufficient balance for each month’s billing cycle in a timely manner. We will bill you via direct debit on a regular basis (either in advance or in arrears), unless otherwise set out in the service description. We may include unbilled service charges in a later bill(s). You must have sufficient funds in your credit card account by the due date. If you do not pay your bill by the date payment is due we may: charge you a late fee, suspend or cancel the service (in which case we may charge you a suspension fee and/or reconnection or reactivation fee), engage a mercantile agent to recover the money you owe us, institute legal proceedings against you to recover the money you owe us and on-sell any unpaid amounts to a third party (in which case you will be responsible to the third party for payment of the bill). Customers are solely responsible for any and all penalties related to insufficient credit card funds, card expiration, etc. You, the customer agree, as part of the terms and conditions, to pay for all such fees if they are incurred.
Unless indicated otherwise, the fees and charges set out in the agreement include any taxes (for example, goods and services tax). Where the fees and charges do not include taxes, we may increase those fees and charges in accordance with the agreement.
Complaints and disputes
If you have any complaints in connection with the service, you may complain in writing or by calling us. If your complaint is about a fee or charge for the service, we may suspend payment obligations for that fee or charge until the complaint is resolved. All other fees and charges not in dispute remain due and payable.
Cancelling the service
Your right to cancel the service: You may cancel the service at the end of the 12 month subscription contract period by giving us 30 days notice. You may also cancel the service within our 14 days grace period when first signing up. It should be known that if you decide to cancel within the first 14 days you will not be refunded the initial set up fee nor the first month’s subscription fee. If you decide to cancel your subscription after the first 14 days and prior to the end of the 12 month contract you will be required to pay for the full amount of all remaining months in your agreement as a lump sum payment. If you acquire the service through door-to-door sales, telesales or telemarketing sales, you may cancel the service before the end of the cooling-off period set out in the relevant legislation in your state or territory.
We may cancel the service at any time if: there is an emergency, we reasonably suspect fraud by you or another person, any amount owing to us is not paid by its due date and you do not pay that amount within 10 days of receiving notice from us, we reasonably consider you a credit risk because of an amount owing to us, you breach a material term of this agreement and cannot remedy the breach, or do not remedy the breach within 30 days of receiving notice from us, we are required to do so to comply with an order, instruction, request or notice of a regulator, emergency services organisation, other competent authority or under law, you become insolvent and we reasonably believe we are unlikely to receive payment for amounts due, you die or, if you are in a partnership, the partnership is dissolved and we reasonably believe we are unlikely to receive payment for the amounts due, the service is suspended for more than 14 days, an intervening event prevents the supply of the service for more than 14 days or we are otherwise entitled to do so under this agreement.
How you can cancel the service: You can notify us that you wish to cancel the service by calling us.
What happens if the service is cancelled? If the service is cancelled: you are liable for any charges incurred up to and including the date the service is cancelled, you authorise us to use any over payment on your account/money paid in advance to pay for any undisputed outstanding charges. Please note: If you decide to cancel your subscription prior to the end of the 12 month contract you will be required to pay for the full amount of all remaining months in your agreement as a lump sum payment. If the service is cancelled during the minimum term of a fixed-length agreement due to circumstances attributable to you, you must also pay us the cancellation fee. If the service is cancelled due to circumstances attributable to you and we reinstate the service, you may have to pay a reconnection or reactivation fee.
Suspending the service
Our rights to suspend the service We may suspend the service at any time without liability if: there is an emergency, to allow us or a supplier to repair, maintain or service any part of our network or a supplier’s network, we reasonably suspect fraud by you or another person, we believe there has been an unusually high use of the service, any amount owing to us in respect of the service is not paid by the due date and you fail to pay that amount in full within 10 business days after we give you notice, we reasonably consider you a credit risk because any amount owing to us is not paid by its due date and you fail to make that payment within the required period after receiving notice from us, you breach a material term of this agreement and you either cannot remedy the breach or do not remedy the breach within 30 days after we give you notice to do so, we are required to do so to comply with an order, instruction, request or notice from a regulator, emergency services organisation, other competent authority or under law, there are problems connecting our network to a supplier’s network, you become insolvent and we reasonably believe we are unlikely to receive payment for amounts due, or you die or, if you are in a partnership, the partnership is dissolve, and we reasonably believe we are unlikely to receive payment for the amounts due or we are otherwise entitled to do so under the agreement.
Your liability to us: You are liable to us for any breach of the agreement causing foreseeable substantial loss to us.
You must not infringe another person’s intellectual property rights in using the service. If you do so we may suspend or cancel the service without notice.
The application is not a substitute for nor does it replace professional accounting services and software.
General information relating to medical conditions, treatments or public or private health issues may be posted to the Application. The information available on or obtained via the Application is not intended or implied in any way to usurp, take precedence over or to form the basis of, appropriate and timely medical consultation, diagnosis and treatment by a qualified doctor, physiotherapist or other health professional. You acknowledge that you have sole responsibility for ensuring that your patients undertake the correct exercises and obtain the correct treatment.
All rights not expressly granted herein are reserved.