Terms of Service

The iconpractice website and service is owned by CHM Solutions Pty Ltd T/A Clear Health Media. Your use of this website and service (“Service”) and any other services from Clear Health Media are governed by these terms and conditions (“Terms of Service”). The privacy policy concerning this site is incorporated into these terms of service.

Communication

You agree that Clear Health Media may from time to time send you communication about the Service or your account by email or mail, including information about upgrades or other services or products that may be of interest to you.

Service Availability

Clear Health Media will attempt to make the service available 24 hours a day, seven days a week however you accept that the Service is provided on an “as is” and “as available” basis, and that, like all electronic services, may be subject to interruption and breakdown, including scheduled and unscheduled maintenance. You should ensure that you have backup plans in place to conduct your business should the Service be unavailable.

Clear Health Media is not responsible for any delays, interruptions or damages that may result from the transfer of data over communication networks including the internet.

Acceptable Use of the Service

You must not use the Service for any immoral, illegal or unethical purpose. You must not act in a manner to compromise the Service or other users of the Service.

The Service is made available only to you and your company and/or your staff for your internal business use.

The plan you subscribe to may limit the number of users or practitioners who may use the Service. You agree not to exceed this number. If you exceed this number you will be required to pay an additional service fee to cover the extra use from the point that the excess use commenced.

You agree not to undertake any activity that will place and excessive or disproportionate load on the infrastructure of the Service, or to use any procedure, device or software in the interference or attempted interference with the functioning of the Service or the authorised actions of users within the Service.

You are solely responsible for the security of your account and use of your account under your username and those of your staff and/or agents. You should at all time ensure that your password and those of your staff and/or agents are secure. You must take all reasonable activity to keep your account secure and inform Clear Health Media immediately if you believe that security has been breached.

You warrant that you have any necessary rights, authority and/or consents to use and store data within the Service. You agree to indemnify, defend and hold harmless Clear Health Media and its directors, officers, agents and suppliers from any action or liability from your, your staff and/or agents use of your data or of the Service or any violation of the Terms of Service.

Payments and Fees

A current paid subscription to the Service is required to use the Service. Fees are payable monthly in advance.

The Service uses FastSpring as its payment processor and subscription management service. FastSpring adheres to the Payment Card Industry Data Security Standard and is regularly audited.

Prices are quoted in Australian Dollars and exclude any applicable taxes or duties.

Plan upgrades or downgrades will result in a prorata credit or debit being applied to your account. Refunds are not provided but are applied to any future charges.

Fees for the Service may be subject to change following 30 days notice from Clear Health Media. Notice may be provided by email, on our website and/or within the Service.

SMS messages are charged separately from the monthly subscription charge. Refunds are not provided for unused SMS credits upon account cancellation.

Cancellation or Termination of the Service

Clear Health Media reserves the right to terminate or suspend your account and block your use of or subscription to the Service at any time at its sole discretion.

You can cancel your account at any time by emailing our support desk stating your wish to cancel your subscription to the Service. Your subscription will be terminated from the date and time any such email is received. You should only assume your cancellation requested has been received when a confirmation response has been received from Clear Health Media. Except for cancellations received during the 14 day full refund guarantee period, no refunds will be given.

Clear Health Media will store your data for 90 days after your cancellation requested has been confirmed. After this time any information cannot be recovered. You are responsible for requesting the export of your data via our support desk. Data will be supplied in the native format from our system. Charges will apply should you ask us to convert or modify the data in any way.

Failing to maintain an active paid subscription to the Service will result in your access to the Service being suspended. Resuming your active paid subscription will result in your account being restored provided such resumption takes place within 90 days of suspension, otherwise your data will be deleted and cannot be recovered.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, Clear Health Media, and its directors, employees, agents and contractors, are not liable to you or your clients for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Service, any Material on this Website, any third party material, or from access to the Service by you, your employees or agents, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

You understand that the Service is provided “as is” and Clear Health Media disclaims any warranty or representation, express or implied, of fitness of purpose or that the Service will be suitable for your requirements. You are responsible for ensuring that the Service meets the legal and data storage requirements in your jurisdiction

Should your data be damaged or lost, Clear Health Media’s sole responsibility shall be to attempt to restore your data from the last available backup of your data maintained by Clear Health Media.

Copyright and Intellectual Property

Except where necessary for and incidental to viewing the Material on this Website via your web browser, or as permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, no Material on this Website may be copied, reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of Clear Health Media.

Clear Health Media does not claim copyright or intellectual property rights over your data or material that you import or input into the Service.

Clear Health Media may transfer your data to providers outside of Australia including but not limited to website hosting and backup services.

General

This agreement, the Service, and the acquisition of products and services of Clear Health Media, are governed by the laws of Victoria, Australia.

You may not assign your rights with respect to the Service to any other person or entity without our express written permission.

Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.

Clear Health Media shall not be liable for any delay in or failure to provide the Service or meet its obligations if such result from events or actions that are beyond its control.

The Service or the Terms of Service may be modified at anytime by Clear Health Media for any reason. Alterations to the Service may be made without notice. Modifications to the Terms of Service will be made after a reasonable period of notice, during which time you shall have the right to cancel your subscription to the service and stop using the Service.

Please contact us at should you have any questions about these Terms of Service.

Our Address:
CHM Solutions Pty Ltd
ACN 165 312 194
279 Para Road
Greensborough VIC 3088
Australia