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Intracore Online Solutions Pty Ltd
ABN: 64 128 352 269
ACN: 128 352 269
Website Terms and Conditions
These terms and conditions apply to the use of this website, including the use of the ‘Online Practice Management Studio’ online application (“Application”) hosted on this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
Terminology
In these terms and conditions, the expressions "we", "us" and "our" are a reference to Intracore Online Solutions Pty Ltd (ACN 128 352 269).“the service”, “service” and “services” means any of the services that we provide to you under this agreement, including any advice that we may give you.
Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. A reference to these terms and conditions means these terms and conditions as amended from time to time.Services on this Website
Your use of the Application hosted on this website is subject to the separate clickwrap license agreement.Our servers are hosted by “BulletProof Networks” (or any subsequent host). We do not warrant that the website will always be accessible. Should for any reason the website be unreachable or unavailable, it is your responsibility to have a backup contingency plan.
We will do our best to notify all customers of any scheduled downtime or maintenance which may affect you.
We reserve the right to withdraw or impose restrictions on any part of our website for whatever reason without notice or liability.
“BulletProof Networks” perform daily scheduled backups of information specified by us. If for whatever reason any backup is unavailable, we will not be held responsible for loss of income, data or any other information.
You agree that we will not be held responsible for any authorised or unauthorised access of your information being lost, stolen, sold or deleted.
The integrated SMS system offered for use within our website offers automated appointment reminders and sending of SMS’s. Each message sent is currently charged at 22 cents each ($AUD).
You agree that we will not be held responsible for any repercussions for SMS’s not sent or not received.
You agree that we will not be held responsible for any misuse of the SMS services offered, which may be interpreted as spam or unwanted electronic material.
SMS charges and fees may change at any time without notice. It is your responsibility to regularly review these terms and conditions for any changes.
In the event of your account being overdue by more than thirty days, we reserve the right to charge late payment fee/s in accordance with our policies and procedures or to block access to your account until all outstanding monies including all late payment fees are paid in full. We reserve the right to decline requests for credit without any obligation to provide an explanation and to request that accounts be paid in advance. We also reserves the right terminate accounts at any time without any notice.
SMS’s are billed on a monthly basis. If your SMS monthly payments are overdue, we have the right to halt your ability to send and receive SMS’s through the website.
We constantly monitor each users browsing within our website. Any activity which we believe may jeopardise the security and safety of our services and information may result in the immediate termination of your account, and your actions may be reported to the appropriate authorities.
Charges and payment
You must pay any charges on your account in full and without any set-off or deduction by the date shown on the invoice.If you supply your credit card or direct debit details to us, we may debit that account for all charges under this agreement until you notify us otherwise in writing.
If you do not pay any amount due to us under this agreement by the due date, we may:
terminate, restrict or suspend your account and all other services in your name; use an external agency to recover the debt; charge you a late payment fee; charge you a disconnection fee if we terminate, restrict or suspend the service; and add our collection costs to the amount that you owe us If we terminate, restrict or suspend the service for any reason, we reserve the right not to reinstate the service until you have paid all amounts outstanding on all your accounts. We may also charge a fee for reinstating your service. This fee is in addition to any late payment fees and disconnection fees. We may report any payment default to a credit reporting Agency.We will use our best endeavours to bill you promptly. However due to circumstances outside our control it is not always possible for us to include all charges for to a billing period on the bill for that period. Some charges may appear on a later bill. In some cases, we may bill you for earlier charges after the service has been terminated.
Termination by you
You may cancel the service at any time by giving us 30 days notice in writing.You must pay the full balance of the account within 14 days of receiving the final invoice, which may include charges incurred or billed after the date of your cancellation notice and other termination and cancellation charges. We will not pay you a refund for any unused part of the service.
If you cancel the service before the end of an agreed fixed term, an early termination fee will apply. Unless the product description indicates otherwise, that fee will be the number of months remaining in the agreed fixed term multiplied by the monthly access fee.
Termination by us
If we reasonably believe that you may have breached this agreement, we may terminate, restrict or suspend the service without notice at our discretion. If we do this, we will not pay you a refund for any unused part of the service.We may terminate the service at any other time, by giving you 30 days notice. If we do this, we will give you a pro-rata refund of any access fees that you have paid in advance.
Warranties provided by you
You warrant and acknowledge that: you are over the age of 18 years and that you have the legal capacity to enter into a legally binding contract; the information you provide on this website is: correct, complete and current; not misleading or deceptive or likely to mislead or deceive; and free from any programming bugs or computer viruses, faults, or errors; you will not impede the use of this website by any person; you will maintain secrecy and confidentiality of all username and password information required by you to access the Application and you will immediately notify us if your password has been lost, stolen or compromised in any way; and you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password.Disclaimer
We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods (ii) the repair of such goods (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or; (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
Exception to disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.Specific warnings
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods or services acquired from us over this website will meet your requirements.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 Commonwealth and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means: except where necessary to view material on the website using your web browser, copy, download, reproduce or view any source code on this website; adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; commercialise any information, products or services obtained from any part of this website without our written permission. Trade marks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; in a manner that disparages us or our information, products or services (including this website). Restricted use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission or sell information obtained from this website.Linked websites
This website may contain links to other websites ( "linked websites" ). Those links are provided for convenience only and may not remain current or be maintained.We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Privacy policy
We undertake to comply with the terms of our privacy policy which is annexed to these terms and conditions.Email handling
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.Governing law
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
