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(Version 2.0 – 10 September 2020)
2.1 Unregistered Users of C2C may not use the Member Services or Patient Services and may only access C2C for personal, non-commercial purposes.
2.2 You may only register an Account or a Patient Account on C2C if You are over the age of 18 and are able to enter into legally binding contracts.
2.3 Registration is subject to any eligibility criteria set out in Our Member Services Description and Patient Services Description. In addition, We reserve the right to accept or reject any person’s registration on C2C in Our absolute discretion.
2.4 If You submit an application to register an Account or Patient Account on C2C, You will be deemed to have:
warranted that during Your Account or Patient Account registration You provided truthful and accurate information only;
2.6 If You register for an Account or Patient Account:
You must ensure that You provide a valid email address and/or mobile number at the time of registration;
We reserve the right to send an email or text message with a hyperlink that requires You to verify that You are the owner or operator of the email address or mobile entered by You during registration and to cancel/reject Your registration on C2C if Your rights to the email address or telephone number are not so verified; and
when you attempt to access Your Account or Patient Account, We reserve the right to send an email or text message with a hyperlink that requires You to verify that You are attempting to access Your Account or Patient Account and we reserve the right to temporarily block access to Your Account or Patient Account until this has been verified.
2.8 If any of Your contact details or other information which You provide during the registration process change, You must promptly update Your Account or Patient Account with Your up-to-date details and information.
2.9 You must not provide Your Account or Patient Account username or password to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality and security of Your username and password and any use of Your Account or Patient Account (including unauthorised use).
2.10 You take full responsibility for everything done through Your Account or Patient Account and in particular:
You agree not to share the login credentials for Your Account or Patient Account with any other person;
You agree to use a password for Your Account or Patient Account that is not easily guessable and that is likely to remain secure (incorporating upper and lower case letters, numbers and symbols);
You agree to notify Us straight away if You suspect that another party has access to Your login credentials or if You suspect that another party is conducting activity on or using Your Account or Patient Account.
3.1 Member Services
Clinical Tools: Tools that facilitate the scheduling of Medical Practitioners’ consultations with Medical Patients; tools that facilitate the management of Medical Practitioners’ Medical Patients and general contacts databases; tools that allow Medical Practitioners to issue quotes; task list tools; tools that allow Medical Practitioners to record the details of Medical Patient consultations (including tools that allow Medical Practitioners to enter content regarding a Medical Patient’s consultation into C2C and by using voice dictation services made available to Medical Practitioners on C2C); tools that assist Medical Practitioners prepare letters to Medical Patients and third parties such as medical specialists; and tools that allow Medical Practitioners to record and view test results in C2C.
MIMS Integration: Tools that allow Medical Practitioners to carry out research using medical databases supplied or published by MIMS and configure Prescription Alerts that are designed to interact with those medical databases;
Claims Lodgment: Functionality that allows Medical Practitioners to submit claims electronically to Medicare, the Department of Veterinary Affairs and private health insurers for Medical Services provided to Medical Patients;
Fees Management:Tools that allow Medical Practices to specify different charge out rates for their Medical Practitioners and to issue invoices to Medical Patients and record receipt of payment from Medical Patients;
Xero Integration:Integration with Xero for Medical Practices who use Xero’s online accounting software;
Training Videos: C2C includes a range of online videos for Medical Practitioners who wish to become more familiar with C2C;
Patient Portal: A module of C2C which allows a Medical Practice’s Medical Patients to complete online forms that are more traditionally completed in Medical Practice waiting rooms;
Medical Practitioner Assistant Tools: Tools that allow Medical Practitioner Assistants to communicate with their Medical Practitioners;
Mobile Apps: Functionality that allows Medical Practitioners to access their Account via C2C mobile websites and smartphone applications;
Printer and Scanner Software: Software that Members can download onto their computers for the purposes of connecting the Member’s printer and/or scanner to C2C, as further described in Our Member Services Description.
The provisions of this clause 3.1 are a summary only. The Member Services are more comprehensively described in Our Member Services Description. Some of the functionality described in clause 3.1 is only available to certain categories of Members. Please see Our Member Services Description for further details.
3.2 Patient Services
View your profile details and if a new patient complete registration details: Functionality that allows the patient to register their details before attending their appointment and checking that their details are up to date;
Communicate with Members: Functionality that allows Medical Patients to communicate with Members including by allowing the Medical Patient to provide Member medical practices with information before attending medical appointments and allowing Member medical practices to provide Medical Patients with information regarding prescriptions provided and test results;
View upcoming appointments and confirm attendance: Functionality that serves as a reminder for future appointments;
Book appointments: Functionality that allows Medical Patients to book appointments and be reminded when follow up appointments are required;
View your invoices and quotes: Functionality that allows Medical Patients retain records and access as required;
Pay unpaid invoices through Stripe - if turned on by Member: Functionality that allows Medical Patients to pay unpaid invoices without contact with the Member medical practice.
4.1 We do not offer or provide any Medical Services, medical advice or medical opinions of any kind Ourselves and We do not refer any person to, or recommend, any Medical Practices.
4.2 When a Medical Patient obtains Medical Services from a Medical Practice, the Medical Services will be deemed to have been provided on the terms and conditions of an agreement between the Medical Practice and the Medical Patient. We are not a party to that agreement and We are not responsible for the performance or enforcement thereof.
5.1 C2C contains tools that allow Medical Practices to carry out research using medical databases supplied or published by MIMS and configure Prescription Alerts that are designed to interact with those medical databases. Only Medical Practices who have a valid licence from MIMS may use those tools. If You elect to use those tools, You indemnify Us against any Losses that We may incur as a result of Your failure to obtain and maintain a licence from MIMS that permits You to access MIMS via C2C.
If in the course of Your use of C2C You access medical databases licensed to You and/or Us from MIMS:
You agree and acknowledge that MIMS, and not Us, are the suppliers and publishers of those databases, and that We are not responsible for the accuracy, quality or correctness of those databases;
You indemnify and release Us from any claims that You, Your Medical Practice, Your Medical Patients and any of Your Related Bodies Corporate and Associated Entities may have with respect to any of those databases or the performance of C2C when interfacing with those databases.
Without limiting clause 5.2, You agree and acknowledge that:
Prescription Alerts that are provided through C2C should not be relied on as the sole source of information in deciding whether or not to prescribe medication to Medical Patients;
Prescription Alerts may not be provided on an uninterrupted or error-free basis, and You indemnify and release Us from any claims that You, Your Medical Practice, Your Medical Patients and any of Your Related Bodies Corporate and Associated Entities may have in connection with the performance, delivery, non-delivery, accuracy, quality or correctness of any Prescription Alerts.
6.1 As noted above in clause 3.1(c), C2C includes functionality that allows Medical Practitioners to submit claims electronically to Medicare, the Department of Veterinary Affairs and private health insurers (Providers).
6.2 You agree and acknowledge that We are not responsible for any acts or omissions of any Providers, including whether or not a Provider pays any claim submitted to it via C2C or the amount paid for any such claim, or where a Provider fails to process a claim due to any interruption or unavailability of any Provider or other network, hardware, software or system.
6.3 You indemnify and release us from any Losses that You, Your Medical Practitioners, Your Medical Patients and any of Your Related Bodies Corporate and Associated Entities may suffer in connection with any of the matters referred to in clause 6.2.
7.1 Each Member must pay the fees and charges set out in the Member Services Description (or as otherwise agreed in writing by Us) in consideration for its subscription to the Member Services (“C2C Service Charge”) at the time and in the manner set out in the Member Services Description, plus any GST that is applicable in respect of the supply of the Member Services to the Member.
7.2 If the Member Services Description specifies a minimum term, then the subscription of a Member to the Member Services is for that minimum term (“Minimum Term”).
7.3 Upon expiry of the Minimum Term, a Member’s subscription to the Member Services shall automatically renew for subsequent successive terms equal to the Minimum Term (each, a “ Renewal Term”) on the same terms and conditions, unless either We or the Member provide at least 30 days written notice prior to the expiry of the Minimum Term or any renewal term, in which case the Member’s subscription to the Member Services shall terminate at the end of the Minimum Term or the then current renewal term.
7.4 If a Member terminates its subscription to the Member Services or closes its Account for any reason (other than where a Member does so as a result of Our material breach of Our obligations) before the end of the Minimum Term or any subsequent Renewal Term, the Member will pay (or We may retain) any outstanding amount (the "Outstanding Amount") that We calculate would have been payable by the Member for the remainder of the then current Minimum Term or Renewal Term (as applicable). If an Outstanding Amount remains to be paid, We will send the Member a tax invoice and it will pay this invoice within 30 days. You agree that payment under this clause is not intended to be, and will not be punitive and will compensate Us for Our reasonable losses resulting from early termination of a Member’s subscription to the Member Services.
8.1 If You wish to close Your Account, please contact Us in one of the ways described in clause 21 (Notices) or close Your Account using the Account closure tools provided in C2C.
8.2 For the avoidance of doubt, if You close Your Account You must pay any Outstanding Amount in accordance with the provisions of clause 7.4.
9.1 We utilise a third party payment gateway provided by Eway (“Payment Gateway”) to process payments of the C2C Service Charge from Members to Us.
9.2 If You are a Member:
You acknowledge and understand that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway’s software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
You acknowledge and understand that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur;
You acknowledge and understand that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements;
You indemnify Us in respect of all and any Losses We incur as a result of any breach by You of the Payment Gateway Agreement.
9.3 Members may also use C2C to collect monies from Medical Patients in relation to health services provided to the Medical Patient by Medical Practitioners who are linked to their Account via a third party payment gateway provider, Stripe Inc (Stripe). When this feature is used, all parties agree;
the Member will pay a non-refundable Payment Gateway Fee that is calculated at the rate of: (i) 1.8% of the transaction amount; plus (ii) $0.30 per transaction; plus (iii) 2% of the total transaction amount as a foreign transaction conversion fee where the presentment currency is not Australian dollars;
that the Payment Gateway Fee will be deducted by Stripe from the fees paid by the Medical Patient, that a portion of this amount will be paid to C2C in consideration for it providing access to the services offered by Stripe, and the balance will then be remitted to the Member;
that the Payment Gateway Fee may be varied by C2C at any time on the provision of 30 days’ notice to the Member;
that the Member may deactivate access to these payment collection services at any time via their account settings; and
warrant that the person authorizing this feature has the capacity, power and authority to agree to the above terms.
10.1 If You are a Member or a Medical Patient, We agree that as between Us and You, You own all data that You transmit through or upload into the Member Services or Patient Services (“Member Data”) other than Improvement Suggestions.
10.2 Each time You access Your Account or use the Member Services or Patient Services You warrant, agree and represent to Us that:
You will only upload, input and transfer Member Data into and/or via the Member Services or Patient Services or disclose Member Data to Us, which You are fully entitled and authorised to upload, input, transfer and disclose;
the Member Data that You upload, input and transfer to C2C and the processing of the Member Data by Us or C2C, will not breach any applicable law or right of any person;
10.4 You indemnify Us in respect of any Losses that We incur in respect of any complaint or claim that the transmission, storage, disclosure of or access to any Member Data that You upload, input and transfer to C2C and/or Us infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.
11.1 You agree and acknowledge that the accessibility and use of C2C, the Member Services, Patient Services and the Member Data hosted by the Member Services and Patient Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which C2C and/or the Member Services, Patient Services and/or the Member Data operate, interface with, are hosted on or connect to, including any Provider networks , hardware, software or systems.
11.2 Except in respect of any Non-Excludable Guarantee, We do not guarantee or represent that C2C, the Member Services, the Patient Services the Member Data or any Provider services or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any Losses We may incur and/or claims and/or complaints You (and if You are a Medical Practitioner, You, Your Medical Practice, Your Medical Patients and any of Your Related Bodies Corporate and Associated Entities) may have against Us in respect of any interruption, error or unavailability of the Member Services, Patient Services, Member Data or any Provider services.
11.3 You acknowledge that C2C, the Patient Services and the Member Services are being improved on a consistent basis, and as such will not be uninterrupted or error-free.
copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance C2C and/or any content (other than Your Member Data) in C2C (except as expressly permitted by the Copyright Act 1968 (Cth));
do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
use C2C in any way that infringes Our rights or the rights of any other person; or
take any steps to circumvent any technological protection measure or security measures in C2C.
12. 2 You must not use C2C or any part of C2C in any way which is in breach of any statute, regulation, law or legal right of any person. Without limiting the foregoing provisions, Members and Medical Patients must ensure that any information they communicate through C2C, including Member Data, and any communications they may have with any other users (including Medical Practitioners) through C2C, fully complies with all applicable laws and rules of professional conduct and practice.
13.1 You agree that:
using C2C to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited;
using C2C in relation to crimes such as theft and fraud is strictly prohibited;
using C2C in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of pirated software or otherwise, is strictly prohibited;
introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;
revealing Your Account password to others or allowing use of Your Account on C2C by others is strictly prohibited;
using another person's name, username or password or otherwise attempting to gain access to the Account of any other person is strictly prohibited;
using C2C to make fraudulent offers of goods or services is strictly prohibited;
using C2C to carry out security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient, logging into a server or Account that You are not expressly authorised to access, corrupting any data, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
using C2C to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited;
using C2C to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited;
using C2C to interfere with or deny service to anyone is strictly prohibited;
using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of C2C is strictly prohibited;
sending unsolicited email messages through or to users of C2C in breach of the Spam Act 2003 is strictly prohibited;
using C2C to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited;
use of C2C in breach of any person's privacy (such as by way of identity theft or "phishing") is strictly prohibited.
14.2 As between You and Us, except in respect of Your Member Data (if You are a Member of C2C), We own all Intellectual Property Rights in C2C.
14.4 Other than in respect of Your Member Data, You agree that any Intellectual Property Rights in any content that You upload or post to C2C or otherwise provide to Us (such as comments that You may provide to Us in connection with C2C or requests for new C2C features ("Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to C2C or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to C2C, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
15.1 We do not accept responsibility for the conduct of any Member, Medical Patient or Unregistered User of C2C. You are solely responsible for Your conduct, interactions and communications with other users of C2C. If You are a Medical Practice:
You are also responsible for the conduct of Your Medical Practitioners and Medical Practitioner Assistants;
15.4 We are not a party to any transaction for the supply of goods or services, including Medical Services, advertised or provided by any Member of C2C.
15.5 Any dispute You have with any other user of C2C is between You and the other user. You:
release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of C2C and in respect of any Medical Services advertised or provided by any user of C2C;
indemnify Us in respect of any Losses We incur in connection with any claims and/or complaints made by any person where the claim or complaint is caused directly or indirectly by (i) Your misuse of C2C; and/or (ii) Your provision of Medical Services.
16.1 Clinic to Cloud’s website and the content on it are not a substitute for tax, legal or accounting advice. This information has been produced as a guide only and we accept no responsibility for its accuracy, completeness or adequacy. Our website and the content on it are subject to change without notice.
16.2 Clinic to Cloud and any associated parties involved in the creation and provision of the material on our website disclaim all liability in relation to any action(s) taken, any loss or damage suffered based on any of the information or content contained on this site.
16.3 You should seek advice to determine if the information provided on our site and in our content is applicable to your own circumstances. Before entering into any transactions based of this information or content you should seek advice from an independent tax, legal or accounting professional.
16.4 Clinic to Cloud’s site and the content on it contains links to external third party websites. We do not control, approve or endorse these sites or the information contained on these. You should vet the information and make your own decisions about its accuracy, currency, reliability, and correctness. The views and recommendations provided on these sites should not be considered the views or recommendations of Clinic to Cloud.
17.1 Except in respect of any Non-Excludable Guarantees, We do not represent that the information on C2C is accurate, correct, up-to-date or error free.
17.2 Any advice, opinions and Medical Services that is provided to You by a Medical Practice is provided by the Medical Practice and not by C2C. All information that You obtain in the course of using C2C (including information that is obtained from MIMS) is not medical or other professional advice provided by C2C or Us and You must not rely on it in that respect. We do not accept any liability for any incorrect, inaccurate or other facet of any information provided by MIMS or any other person that You obtain in the course of using C2C.
17.4 Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any Losses howsoever incurred in relation to Your use of or inability to use C2C or the performance or non-performance of C2C.
17.5 Our liability to You is limited to the maximum extent permissible by law. To the extent that Our liability is not otherwise excluded, subject to any Non-Excludable Guarantees, Our liability to You is limited to the aggregate sum of $100.
17.6 Any goods and services supplied by Us through C2C may come with implied non-excludable guarantees regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a "consumer" of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where You are a consumer for the purposes of the Australian Consumer Law, We are required to and shall be deemed to have provided the following mandatory statement to You: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
17.7 If the goods or services supplied by Us to You are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law, as amended, You will have the benefit of certain non-excludable guarantees in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a Non-Excludable Guarantee and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to section 64A of the Australian Consumer Law, We limit Our liability for breach of any such Non-Excludable Guarantee (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:
if the breach relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
20.1 If You have a dispute or complaint against Us, You must notify Us in one of the ways described in clause 21 (Notices). You must ensure that the notice contains specific detail identifying the nature of the dispute or complaint.
20.2 Within 7 days of the delivery of a dispute notice You and Us will discuss or communicate with respect to the dispute or complaint.
20.3 If You and Us are not able to reach a resolution of the dispute or complaint within 21 days from Our receipt of the notice of the dispute or complaint, either You or We may commence proceedings in relation to the dispute.
20.4 Nothing in this clause 20 prevents:
either party from seeking urgent interlocutory relief; or
either party from seeking recovery for any claim that the seeking party reasonably considers to be a monetary claim, from a Court of competent jurisdiction at any time.
21.1 A notice under this Agreement shall be in writing sent by Us to You by hand delivery, post or email, using Your details that You provided to Us during Account registration.
21.3 Any notice issued by hand shall be deemed delivered upon delivery.
21.4 Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
21.5 Any notice issued via email shall be deemed to be delivered upon receipt by the sender of a read receipt or delivery receipt.
21.6 We may send You email or other electronic messages concerning Your Account and C2C from time to time.
22.1 The provisions of this clause 22 apply only to Your use of any C2C smartphone application that You download from the Apple App Store or Google Play (each, an app).
22.3 In the event of any failure of the app to conform to any applicable warranty and where the warranty relates to Your use of a version of the app downloaded through the Apple App Store You may notify Apple, and Apple will refund the purchase price for the app to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty will be Our sole responsibility.
22.4 You and We each acknowledge that, subject to clause 22.5, as between You and Us, We, and not Apple or Google, are responsible for addressing any of Your claims relating to the app or Your possession and/or operation of the app, including, but not limited to:
product liability claims made in respect of the app;
any claim that the app fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation in respect of the App.
22.5 Notwithstanding the provisions of clause 22.2, 22.3 and 22.4, and for the avoidance of doubt, You agree:
to release and indemnify Us from any claims that You or any other person might otherwise have (including any claims arising under consumer protection or similar legislation in respect of the app and any other claims, losses, liabilities, damages or expenses) which relate to Your provision of Medical Services or any of Your other acts or omissions;
the relevant Medical Practice, and not Us, will be solely responsible for any of the matters referred to in clauses 22.2, 22.3 or 22.4 to the extent they are caused or contributed to by the Medical Practice.
22.6 We and You each acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the app.
22.7 You represent and warrant that
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and
You are not listed on any U.S. Government list of prohibited or restricted parties.
Account means a Medical Practice, Medical Practitioner or Medical Practitioner Assistant account opened on C2C.
API Access Agreement means a written agreement between You and Us entitled “API Access Agreement”.
Apple means Apple Inc. and its Related Bodies Corporate and Associated Entities.
Associated Entity means as defined in the Corporations Act 2001 (Cth).
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in New South Wales.
Business Hours means 9:00am – 5:00pm on Business Days.
C2C means the Clinic to Cloud platform, the homepage URL of which is www.clinictocloud.com.au and also includes the Member Services and any content, images, text and other information appearing on any page or screen of the platform and any source code and object code in the platform, including any associated desktop, mobile versions and smartphone applications and any other computer software provided by Us.
C2C Service Charge means as set out in clause 7.1.
Google means Google Inc. and its Related Bodies Corporate and Associated Entities.
Health Information has the meaning given in the Privacy Act 1988 (Cth).
Improvement Suggestion means as set out in clause 14.4
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Losses means all losses, costs, damages, expenses, penalties, third party claims and other liabilities and including all legal and other professional expenses on a solicitor client basis incurred in connection with investigating, disputing, defending or settling any claim, action, demand or proceeding and also includes all foreseeable and consequential loss.
Medical Issue means a medical problem or other medical issue in respect of which a Medical Practitioner provides Medical Services to a Medical Patient.
Medical Patient means a medical patient of a Medical Practice whose Personal Details are entered into C2C by the medical patient or by or on behalf of the medical patient or the medical patient’s Medical Practice.
Medical Practice means one or more Medical Practitioners and/or Medical Practitioner Assistants who work together in a medical practice, whether at one location or across multiple locations, and also refers to any other person or entity which has a “Medical Practice” Account.
Medical Practitioner means a person who is a general practitioner (GP), medical specialist, allied health professional or other person who has a “Medical Practitioner” Account.
Medical Practitioner Assistant means a receptionist, nurse, practice manager or assistant who provides receptionist, administrative, practice management, nursing or similar services to a Medical Practitioner, and also refers to any person or entity which has a “Medical Practitioner Assistant” Account.
Medical Services means medical and/or health services.
Member means an Account holder.
Member Data means as set out in clause 10.1.
Member Services has the meaning as set out in the Member Services Description as set out in clause 3.1.
Member Services Description means the contents of the webpage set out at https://www.clinictocloud.com.au/features and the information linked from “The Possibilities” section of that webpage, as amended from time to time.
MIMS means MIMS Australia Pty Ltd ACN 050 695 157 and its Related Bodies corporate and Associated Entities.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Organisation means an organisation that You register on C2C on behalf of.
Patient Account means an account opened on C2C by a Medical Patient.
Patient Services has the meaning as set out in the Patient Services Description contained in clause 3.2.
Payment Gateway means as set out in clause 9.1.
Payment Gateway Agreement means as set out in clause 9.2(d).
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
Prescription Alert means an alert configured by a Medical Practitioner as described in the Member Services Description.
Providers has the meaning given in clause 6.1.
Related Body Corporate means as defined in the Corporations Act 2001 (Cth).
Unregistered User means a person who accesses or uses C2C who does not have an Account.
“We”, “Our” and “Us” means Clinic to Cloud Pty Limited ABN 60 601 566 849 of Suite 1.05, 77 Dunning Ave, Rosebery NSW 2018.
“You” and “Your” means You, the person who accesses or uses C2C for any reason, whether or not You are a Member of C2C.
25.3 Currency refers to Australian Dollars.
25.4 A reference to a statute or regulation includes amendments thereto.
25.6 A reference to singular includes the plural and vice versa.
25.7 A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
25.8 The words “includes”, “including” and similar expressions are not words of limitation.