Terms & Privacy

SOFTWARE LICENCE TERMS

Hippocamp Pty Ltd, ABN 45 602 384 823 (“Hippocamp”, “Us”, “We” and “Our”) own and operate the Software, Platform, Training Materials and other goods and services that may be made available by us from time to time.

You (and ”Your”) are a customer looking to utilise our Software, Platform, Training Materials and/ or other goods and services we may make available and these Terms set out the conditions upon which we offer these to you.

  • Definitions AND interpretation
    • The words on the left have the corresponding meaning on the right carried throughout the document, except where the context otherwise requires:

Basic Features means only the use of the calendar, tasks, creation of patient files, billing, invoicing and expenses features of the Software;

Confidential

Information means any information or material (including information or material provided to a party by third parties), whether in oral, visual or written form or recorded in any other medium, disclosed or acquired by one party directly or indirectly from the other party or generated by a party in accordance with these Terms, which is designated, or treated, by a party as confidential, and includes the Software source code, object code, file layouts and interfaces, and Software related documentation and other documentation, all other Intellectual Property Rights and all confidential discoveries, ideas, trade secrets, knowhow, concepts, Integrations, software in various stages of development (including any new releases and or new versions, updates, designs, drawings, specifications, techniques, models, data, source code, object code, file layouts, documentation, patient data, diagrams, project plans, flow charts, processes and procedures, new versions and new releases and information pertaining to the business, plans, forecasts, finances and strategies of a party and its customers and suppliers and each of their customers and suppliers and includes all such information that may be in the possession of a party’s employees, contractors, agents or management excluding:

        • information which is in or comes into the

public domain otherwise than as a result of an unauthorised disclosure by the recipient party or its representatives;

        • information which is or becomes available to the recipient party from a third party lawfully in possession of it and who has the lawful power to disclose such information to the recipient party on a non-confidential basis;
        • information which is rightfully known by the recipient party (as shown by its written records) prior to the date of disclosure; or
        • information which is shown by written record to have been independently developed by an employee of the recipient party who has no knowledge of the disclosure under these Terms;

Credits means the system used to charge fees for SMS and Fax Services, the price of a credit and the number of credits needed to send per page for fax or per SMS is set out in our Pricing Policy;

Damage means any loss or damage, whether personal (including death or illness) or of property and whether direct, consequential or special (including any consequential financial loss or damage you, your officers, agents and employees may experience) loss of anticipated savings or benefits, loss of or damage to property, downtime costs, loss of or damage to reputation and claims of third parties, death, personal injury or any loss, damage or expense) incurred or suffered by you or a third party;

Fee(s) means the fees and charges payable by you as set out in the Pricing Policy;

Force Majeure Event means any occurrence or omission beyond the reasonable control of a party and, as a direct result of which, a party is prevented from or delayed in performing any of its obligations under these Terms (other than the payment of money), including without limitation forces of nature, industrial action, war, insurrection, terrorism and action or inaction by a government agency;

Free Trial has the meaning set out under clause 5;

Integrations means the ability to link to, connect with or pull data and information from another software platform available through our Software;

Intellectual

Property Rights means all statutory and other proprietary rights world-wide in respect of all intellectual and industrial property, whether or not registered or capable of registration, including in respect of (without limitation) all trademarks, patents, circuit layouts, copyrights, code, Confidential Information and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967;

Platform means this website and any other means used to access our Software which may include a mobile application;

Practitioner Access means access to all the Basic Features of the Software, the ability to use appointment settings in calendar, edit and write patient notes and referral and treatment letters as well as any new functions that may be introduced to the Software from time to time at our discretion;

Pricing Policy means the schedule containing pricing details for use of the Software located (here hyperlink);  

Service Policy means the schedule containing details of the levels of service support that we offer for our Software located (here hyperlink);

SMS and Fax Service  means the  ability to send SMS appointment reminders and FAX messages and referral letters from your data housed in our Software;

Support Services means the support provided by us to you in connection with your use of our Software as set out in the Service Policy;

Support Service

Fees means the fees payable for the Support Services as set out in the Services Schedule.

Software means our Hippocamp practice management software;

Tenancy means an allied health business, practice or other business that seeks to use our Software as a practice management tool for the operation and management of their business;

Terms means this document including the Pricing Policy and Service Policy;  and

Training Materials means resources provided by us to you, or otherwise generally available on the Platform, that offer information on how to use the Software including access to the “hippocampus” (Hyperlink) materials online, blogs, written advice, videos, text or other written material, graphics and other information in various forms.

    • In these Terms, except where the context otherwise requires:
      • the singular includes the plural and vice versa, and a gender includes other genders;
      • another grammatical form of a defined word or expression has a corresponding meaning;
      • a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, these Terms, and a reference to these Terms includes any schedule or annexure;
      • a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
      • a reference to A$, $A, dollar or $ is to Australian currency;
      • a reference to time is to Queensland, Australia time;
      • a reference to a party is to a party to these Terms, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
      • a reference to a third party is a reference to any person other than a party of these Terms;
      • a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
      • a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, reenactments or replacements of any of them;
      • the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
      • any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally; and
      • any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally.
    • A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it.
    • If a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day.
    • Headings are for ease of reference only and do not affect interpretation.
  • GRANT OF LICENCE
    • In return for your unconditional acceptance of, and compliance with these Terms, we grant you a non-exclusive licence to access our Platform and use our Software.
    • Unless you have our prior written consent, your licence to use our Software does not allow you to:
      • transfer your licence under any circumstance (including but not limited to a sale of your Tenancy);  or
      • allow, authorise or permit any third party to access use or operate our Software for any reason.
    • We will continue to update the Software during the Term and you acknowledge that we may remove, improve or otherwise alter any or all of the Software features from time to time. You may be required to pay additional fees for any new features or Integrations.
  • Your Obligations
    • You must:
      • pay all fees and charges as and when due in accordance with the Pricing Policy;
      • bare all external costs and responsibility associated with using our Software including ensuring that you have the requisite compatible hardware, an uninterrupted and quality internet connection, current browser and sufficient storage space.
      • inform yourself of and comply with all applicable laws, approvals, codes and guidelines in connection with your use of our Software and your obligations surrounding the data you choose to store in our Software;
      • ensure all data and information you place into our Software is legally obtained, input and held and does not breach the rights of any third party (including disclosing any confidential or personal information without a third-party’s consent);
      • ensure that you, including all employees and users, comply with the Terms and any updates  as may occur from time to time;
      • refrain from using our Software for any unlawful purpose, engaging in fraudulent behaviour, defaming or harassing any person or to gain unauthorised access to or interfere with our Software or any third party or other users resources and data;
      • ensure that you have adequate security measures in place to prevent any unauthorised access and use of the Software, note that we reserve the right to suspend your use of the Software in certain circumstances as outlined in clause 16;
      • not use, reproduce or publish any trade marks except by saving or printing out a copy of any of your own data saved in our Software unless expressly permitted by us in writing; and
      • not cause or permit the reverse engineering, disassembly or decompilation of the Software or otherwise reduce it to a humanly perceivable form.
  • User account
    • When creating an account to use our Software, you:
      • unconditionally accept these Terms; and
      • acknowledge you have read the Terms and sought appropriate advice before accepting them.
    • To use our Software, you must:
      • create an account for your Tenancy;
      • assign persons in your Tenancy various user roles, with one separate account per user, users cannot share the same account; and
      • ensure that at least one user has Practitioner Access.
    • All users in your Tenancy will have the ability to access Basic Features of the Software, however to obtain Practitioner Access, fees are payable per user as set out in the Pricing Policy.
    • We may alter the Software features and Integrations available as Basic Features and Practitioner Access features at our discretion and will endeavour to provide you with reasonable notice of any such change.
    • You may increase or decrease the number of users for your Tenancy at any time, however:
      • fees for the Software that have already been paid will not be refunded (either in full or in part); and
      • there must always be a minimum number of 1 user with Practitioner Access at all times or your account will be deactivated.
    • When setting up your Tenancy and creating user accounts you must:
      • only create one account per user;
      • clearly assign Practitioner Access to each particular user you wish to have the Practitioner Access features;
      • not provide any false information;
      • ensure that all data and information provided, including your contact information, is at all times accurate and up to date;
      • not create a false identity or misrepresent an affiliation with another person or entity; and
      • not provide details (including password) to any other person or do anything that may impact on security of the Platform and Software.
    • We will not be held liable for any authorised or unauthorised access of your data or information resulting in it being lost, stolen, sold, deleted, encrypted or rendered unusable in any other way.
    • We have the right to continually monitor each user of the Software for compliance with these Terms and we may take action for any suspected or actual non-compliance as set out under these Terms.
  • Free Trial
    • We provide one Free Trial of our Software per Tenancy and reserve the right to alter the Software features and Integrations available under a Free Trial package at any time.
    • Each Tenancy can trial our Software for free for a maximum of 30 calendar days. We will track URL and IP usage to ensure multiple users from the same Tenancy do not sign up to extend free trials with different email addresses or otherwise seek to circumvent these Terms.
    • Once your Free Trial has ended, you will no longer be able to use our Software and will be directed to a payment page to sign up your Tenancy including one user with Practitioner Access. Any and all data or information you entered into our system while using our Software under a Free Trial will be automatically deleted from our system within 90 days after the last date of your Free Trial. We will be unable to recover your data following this period of time and we are not liable and take no responsibility for any loss of your data or information.   
    • You may sign up to use our Software on an ongoing basis or for additional features or Integrations before your Free Trial has expired and in this case, we will grant you access to any additional features or Integrations from the date payment details are provided, but will not take payment from you until your Free Trial 30 day period has ended.
    • We may in our absolute discretion provide certain incentives from time to time for a Tenancy to sign up to our Software.
  • Payment terms
    • Fees associated with the use of our Software are set out in our Pricing Policy. You must pay the fees as specified in the Pricing Policy to continue to use the Software.
    • All fees are inclusive of Australian GST, however you are fully responsible for any additional taxes, service charges or other similar taxes or charges that may be levied as a result of your use of our Software in jurisdictions outside Australia, and such amounts must be paid in full by you.
    • When you sign up to use our Software, you must provide us with your credit card details and agree to us charging your credit card on a monthly, direct debit basis for the applicable fees as specified in the Pricing Policy until you notify us otherwise in writing.
    • Fees will be directly debited from your nominated credit card on the monthly anniversary of the day you initially signed up for the Software or the end of the calendar month (whichever occurs first) each month until your subscription is terminated or cancelled.
    • We will send you a monthly invoice statement of your account charges within 10 days of the end of the relevant month to your most recent contact details listed in your user account.  It is your responsibility to ensure your user account details remain current at all times.
    • If you fail to pay your fees or any other amounts payable under these Terms (unless in a case of a genuine dispute that you have notified us of on writing) for more than 7 days past the due date, we may charge you late fees in accordance with our Pricing Policy and/or suspend your use of the Software and performance of all or any of our obligations under these Terms. Suspension of your account will mean you may only access the payment page once you login and all other functionality of our Software will be disabled. If your account remains unpaid for a period of 90 days, we will then cancel it in accordance with clause 16.
  • Your Data
    • You agree and acknowledge that you:
      • have and will retain Intellectual Property Rights to any and all data input into our Software;
      • grant us a non-exclusive, royalty free worldwide licence to use your data for the purpose of  providing you with Support Services, tracking, monitoring and improving our Software;
      • are responsible for all data input into our Software system as well as the manner in which it is placed into our Software and we will not be held responsible or liable for any loss, misinterpretation, misuse, fraud, error or any other issue relating to your data; and
      • fully indemnify us for any claims made against us relating to your data including use, misuse, fraud representation or other.
  • COPYRIGHT AND Intellectual property
    • You acknowledge and agree that:
      • while the data you input into our Software remains yours at all times, any and all Intellectual Property Rights subsisting in our Confidential Information, Platform, Software, Training Materials or used in connection with the Software including the format in which your data is displayed, any functionality given to the data by our Software, any enhancement, modification or customisation of the data and any documentation and/or manuals relating thereto are and will remain our property even upon termination or other expiration of these Terms;
      • you will not do anything that partially or entirely reproduces or exploits or otherwise breaches our Intellectual Property Rights or any other person’s Intellectual Property Rights whether accessible through the Platform or other use of our Software;
      • signing up to and using our Software does not transfer any title in our Intellectual Property Rights to you and you acquire no interest or right in our intellectual property except for the licence to use the Software in accordance with these Terms; and
      • you will take all reasonable steps and abide by our reasonable direction to protect our Intellectual Property Rights in the Platform, Software and Training Materials.
  • Storage
    • Storage of your data in our Software system is included at the following rates:
      • User with Basic Features – 3 GB
      • User with Practitioner Access  – 20 GB
    • Additional storage can be purchased at the fees set in our Pricing Policy.
    • We reserve the right to alter these storage allowances at any time.
    • Should your account be cancelled or terminated, we will cease the storage of your data in our Software, in accordance with clause 18.
  • SMS and FAX Service
    • Our Software provides the ability to use an automated SMS and Fax Service within Australia by paying for this service as you go using Credits.
    • Credits must be purchased from us in advance and the price of Credits as well as the number of Credits needed to send a fax or SMS is listed in our Pricing Policy and may change from time to time.
    • We may at our discretion provide you with a certain number of free Credits during a Free Trial. Should you wish to purchase additional Credits, your Tenancy must use our Software and have at least one user signed up for Practitioner Access.
    • As you will ultimately cause any SMS, Fax or email through our Software to be sent, it is your responsibility to comply with relevant legislation and codes in relation to the sending of such messages and we are not responsible for any repercussions for communication sent or received (or not sent or received as the case may be), misuse of the email functionality of the Software or the SMS and Fax Service and/or any allegations of spam or unwanted electronic communication.
    • We do not and cannot guarantee SMS and Fax delivery due to potential restrictions with network operators, and there is no means of determining if an SMS or Fax has been delivered, either on time or at all.
  • Support and training
    • Provided you are current with your fees and you are otherwise compliant with these Terms, we will provide you Support Services.
    • As part of our support, we may also make Training Resources available to you. Any and all Training Resources remain our intellectual property and are not to be shared or otherwise dealt with unless our prior express written permission is obtained.
    • You are responsible for ensuring that you use our Training Resources to a satisfactory level to enable you to use the Software. Should you require more resources or assistance to use the Software, we may provide additional training at your request for the pricing and terms as set out in the Pricing Policy and Service Policy.
    • We are not obliged to rectify faults or restore your account and data where such fault has been caused by factors unrelated to the Software, unauthorised access of your account, as a result of your misuse of the Software or factors outside of our control. Nevertheless should we choose to provide such rectification or restoration services, we do so on a no-liability basis.
    • We reserve the right to change, alter or update the Service Policy at any time.
  • Warranties
    • You warrant to us that you:
      • are over 18 years old and have the legal authority (where registering on behalf of a Tenancy/company) and the legal capacity to enter into a legally binding contract, being these Terms;
      • will only use the Software in accordance with our instructions and the Training Resources; and
      • will ensure within your reasonable control that our trademarks, Intellectual Property Rights and Confidential Information are not infringed or misused.
    • We warrant to you that: 
      • We have the legal authority to enter into these Terms; and
      • We are the legal owner of the Software and have the ability to licence the Software to you on these Terms.
    • We do not warrant (either by expression or implication) that:
      • the Platform and Software are error free and permanently accessible, and you are responsible for ensuring you have a contingency plan if the Platform or Software is unavailable or inaccessible for any reason;
      • all your data and information input into the Software or otherwise transferred to us is secure and free from hackers, or other unauthorised access, as no data transmission over the internet can be guaranteed as totally secure. Despite this, we will take reasonable steps to preserve the security of your information and data;
      • information transferred via the SMS and FAX service will remain confidential;
      • use of the Software will provide any financial or monetary advantage;
      • the Software, Platform, any integrated programs or third-party links, or the server which stores your data are free of viruses, faults, defects or any other harmful components; and
      • the Software is fit for your particular purpose, and without limiting or excluding certain rights and remedies you may have under Australian Consumer Legislation, the Software and Training Materials are provided to you on an “as is” basis and we expressly disclaim all warranties of any kind, including implied warranties of merchantability and fitness for a particular purpose.
  • Indemnity
    • You indemnify us, including our officers, employees and agents (“Indemnified Parties”), against any liability, loss, damage or expense (including legal costs on a full indemnity basis) which any or all of the Indemnified Parties incurs or suffers, as a direct or indirect result of:
      • your breach of these Terms;
      • any unauthorised access to the Software including access gained via disclosure of a users password or through negligent activity with a password;
      • your use or misuse of the Platform or Software;
      • any claimed or actual violations of law or third party rights that we may receive including any claims relating to your use or misuse of our Software, breach of privacy legislation, confidentiality, criminal violations, defamation, tortious interference, failure to pay debts or Intellectual Property Rights claims; and
      • your wilful, unlawful or negligent acts or omissions.
    • Your indemnification of us as set out above in clause 13.1 is an obligation of yours that will continue even upon termination or cessation of your use of the Software.
  • LIMITATION OF LIABILITY
    • To the full extent permitted by law but without limiting your rights under Australian Consumer Law, we (including our officers, employees and agents) are excluded from any and all liability in respect of any Damage which may arise directly or indirectly due to:
      • your use, misuse or inability to use the Software, Platform or Training Material, including where we may terminate your use of the Software;
      • any technical malfunction, access issues, problems, damage to any other software or hardware, interrupted service, virus, defect, bugs, issue with servers hosting your data or other issues in connection with the use of our Software, Training Material or Platform;
      • your use of or reliance on information contained on or accessed through our Platform or Software;
      • any errors, omissions or inaccuracy contained in the Platform, Software, your data or the Training Materials; and
      • any act, omission error, malfunction use, misuse or inability to use third party websites, links and Integrations that may be contained within the Software.
    • We are not under any circumstances liable for any direct, indirect, exemplary incidental, special, punitive or consequential loss, including any disruption of business or any proposed or actual loss of income, profit, goodwill, customers, capital, opportunity, anticipated savings, data or any other information, death, personal injury, damage to or loss of reputation incurred or suffered by you or a third party arising directly or indirectly out of your use, inability to use, reliance on or misuse of the Software, Platform and Training Materials.
    • Our liability in relation to any claim made in connection with these Terms is limited to the dollar value of any fees you paid to us in the 12 months prior to any such claim arising.
  • ASSUMPTION OF RISK
    • You acknowledge and agree that:
      • you use the Platform, Software and Training Material including any advice, opinions or information supplied by us, at your own risk;
      • it is your responsibility to make your own assessment of the suitability of the Software for the purpose for which you intend it;
      • it is your responsibility to ensure your data and information is secured and backed up, you cannot rely on our Software or Platform as the only method to store and retain your data and information; and
      • the Platform, Software and Training Material are supplied on the understanding that you will not hold us (including our officers, employees or agents) liable for any loss or damage as set out under clause 14.
  • TERMINATION by Us
    • We may terminate, restrict or suspend your use of the Platform and Software immediately if:
      • we consider you are in breach of these Terms or while we investigate a suspected breach of these Terms;
      • we suspect unauthorised access of the Platform or Software has occurred; or
      • we consider you are engaging in any activity we believe may jeopardise the security and safety of our Software, Training Material or Platform.
    • Where it is reasonable, we will provide you with up to 10 days notice prior to cancellation or termination of your use of the Software, however we reserve the right to immediately suspend your use of the Platform and Software without notice. We may also specify remedial action you can take to avoid suspension or cancellation and a timeframe for you to undertake such remedial action, however should you fail to undertake our specified remedial action we reserve the right to cancel or suspend your use of the Software with immediate effect.
    • If we terminate your use of the Platform or Software under this clause:
      • we will not refund any fees already paid to us; and
      • any outstanding fees become immediately payable.
    • We may temporarily restrict or suspend your use of the Software, Platform or Training Materials in order to undertake maintenance, updates or for any other reason we require. We will endeavour to provide you with at least 24 hours notice where the restriction or suspension is planned.
    • You acknowledge that in certain circumstances, we may need to notify and provide your Confidential Information to appropriate authorities where we reasonably consider that your actions causing suspension or termination of these Terms may also amount to a breach of criminal law.
    • Our termination under this clause is without prejudice to any other rights or remedies we may be entitled to at law.
    • If we terminate, restrict or suspend your use of the Platform or Software for any reason, we reserve the right not to reinstate it until you have paid any and all outstanding fees. We also reserve the right to charge a fee for reinstating your account.
  • Termination or Cancellation by you
    • You may terminate or cancel your use of the Software at any time by giving us 60 days written notice.
    • Fees in accordance with the Pricing Policy are due and payable up to and including the last day of the month in which cancellation or termination occurs.
  • EFFECT OF TERMINATION
    • Following the termination, expiry or cancellation of your use of the Platform and Software:
      • your access to the Platform and Software will cease immediately, your Tenancy account and the accounts of all your linked users will be disabled and all licences granted under these Terms will be at an end;
      • all your data stored in our Software will be deleted 90 days after your account is disabled;
      • you may not be able to access the Training Materials and we will no longer be obliged to provide Support Services to you;
      • you have no right or entitlement to use our Intellectual Property Rights or Confidential Information; and
      • these Terms will cease except for clauses 1, 7,8,13, 14,15,19, 20 and 21, which will survive and you acknowledge that you may have continuing obligations under such clauses.
  • Your Confidential Information
    • In using our Software and performing your obligations under these Terms, you may disclose certain Confidential Information to us. Subject to clause 19.2, we will treat your Confidential Information as confidential and will not disclose it.
    • You acknowledge that your Confidential Information may be disclosed by us where:
      • you provide us with your prior consent to disclose your Confidential Information;
      • disclosure of your Confidential Information is required in order for us to fulfil our obligations to you under these Terms;
      • you cause or direct us to disclose your Confidential Information through our Integrations, SMS or Fax services;
      • we are required to disclose your Confidential Information in compliance with any applicable law or legally binding order of any court, government, semi-government authority or administrative or judicial body (in which case we will use our best endeavours to notify you prior to such disclosure);
      • our officers, employees, professional advisers, affiliates, third parties, agents or potential investors may reasonably need to know the Confidential Information on the condition that they are aware of the confidentiality of your Confidential Information and we have obtained their prior written agreement to keep your Confidential Information confidential on no less favourable terms than those contained in this clause; or
      • the Confidential Information becomes generally available to the public other than because of a breach of this clause or of any obligation of confidence.
    • We will maintain adequate security measures to protect your Confidential Information from unauthorised access or at least use the same methods that hold our own Confidential Information.
  • Our Confidential Information
    • We may (but are not obligated to) disclose certain Confidential Information to you. Subject to clause 20.2, you must only use our Confidential Information for the purpose of using the Software or fulfilling your obligations under these Terms and you must not reproduce, disclose or replicate any of our Confidential Information, ensuring you treat our Confidential Information as confidential at all times.
    • You may disclose our Confidential Information where: 
      • we have provided you with our prior written consent prior to any proposed disclosure, and you have obtained from the person to whom the Confidential Information will be disclosed, an executed confidentiality agreement in such form as we require;
      • you are required to disclose our Confidential Information in compliance with any applicable law or legally binding order of any court, government, semi-government authority or administrative or judicial body (in which case you must first notify us prior to such disclosure); or
      • the Confidential Information becomes generally available to the public other than because of a breach of this clause or of any obligation of confidence.
    • Should we disclose any Confidential Information to you, you must maintain adequate security measures to protect our Confidential Information from unauthorised access or at least use the same methods that you hold your own Confidential Information.
    • On our request at any time, you must immediately return to us or (as we may direct) permanently delete or destroy all copies or records of our Confidential Information in your possession or control, and provide written confirmation to us once this has occurred.
  • General
    • Disputes: Should a dispute arise regarding these Terms, the Software, Platform or Training Materials, without limiting any legal rights each of the parties may have, the parties agree to first notify the other party of such dispute listing any remedial action that the other party may take to resolve the dispute.
    • Governing Law: These terms must be construed as an agreement subject to the laws in force in the State of Queensland, Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia for determining any unresolved dispute concerning these Terms.
    • Integrations and third party websites: The Software and Platform may contain links to websites or platforms that are not controlled by us (“Third Party Sites”). You acknowledge that we are not responsible for Third Party Sites and that links and Integrations are provided by us for convenience only. We are not responsible for the content or privacy practices associated with Third Party Sites and we do not endorse, recommend or approve of a product, service or website simply because we have placed a Third Party Site on our Platform or arranged connection through an Integration.
    • Entire Agreement: These Terms represent the entire understanding and agreement of the parties and supersede any and all other representations or statements made by either party or its officers, employees and agents, whether oral or in writing.
    • Amendment: We reserve the right to change these Terms from time to time and will provide you with notice of such change where reasonable, by posting updates on the Platform.
    • Subcontractors: You acknowledge that at our discretion, we may use subcontractors to perform certain of our obligations under these Terms, however such appointment does not absolve us of our obligations under these Terms.
    • Waiver: Any failure of a party to exercise a right under these Terms does not operate as a waiver of such right and, equally, the single or partial exercise of any right does not prevent a party from any other or further exercise of that or any other right.
    • Severability: If any provision of these Terms is found to be invalid or unenforceable in any jurisdiction, it is invalid in that jurisdiction to that extent only, without invalidating or affecting the remaining provisions of the Terms or the validity of that provision in any other jurisdiction.
    • Force Majeure: If a Force Majeure Event occurs, reasonably preventing a party from fulfilling one or more of its obligations under these Terms (the “Affected Party”), then the Affected Party’s relevant obligations are suspended to the extent such obligations are affected by the Force Majeure Event, and for as long as the Force Majeure Event continues, provided that:
      • the Affected Party uses its best endeavours to expeditiously remove, overcome or minimise the effect of the Force Majeure Event;
      • as soon as reasonably possible after becoming aware of the Force Majeure Event, the Affected Party provides the other party notice of the Force Majeure Event including details of:
  • what obligations under these Terms are affected by the Force Majeure Event;
  • why the particular obligations are affected by the Force Majeure Event;
  • how long the Affected Party expects it will be unable to fulfil its obligations for, due to the Force Majeure Event;  and
  • what steps the Affected Party has taken to minimise the effect of the Force Majeure Event; and
      • if the Force Majeure Event continues to prevent the Affected Party from fulfilling its obligations under these Terms for a period of more than 60 days from the date the Affected Party was first unable to fulfil its obligations, then the other party may cancel these Terms by Providing the Affected party with no less than 7 days notice.
    • Notices to you: If we are required to provide notice to you under these Terms, such notice will be provided to your contact details as listed in your Software user account. It is your responsibility to ensure your contact details in your user account remain current for this purpose.
    • Notices to us: If you are required to provide notice to us under these Terms, such notice must be sent both:
  • In writing to: Attention: The Legal Officer, Hippocamp Pty Ltd, PO Box 855, Stones Corner, QLD 4120; and
  • By email to: hello@hippocamp.org

Schedule 1: Pricing Policy

Fee (incl GST)

What its for

When its payable

$12 per user

Monthly subscription for a user with Practitioner Access

Monthly

5% per transaction capped at $50 per month

Medicare Allied health Integration

Monthly

5% per transaction capped at $200 per month

Medicare specialists

Monthly

1c per Credit

Credits are used to send Fax and SMS messages from the Software.

At at 1 March 2017:

  • 10 credits = 1 SMS*
  • 15 credits =1 Fax page

*Note: 1 SMS is 160 characters.

Charged at purchase. Credits must be bought in advance.

$180 per hour

Additional training support provided over the phone. Please note training cancellations within 24 hours of the scheduled training date will attract a 50% cancellation fee of the training fees charged.

As and when you may request additional training support.

5%p.a on any outstanding amounts

Late payment fee

If any of your payments payable under the Terms or this Pricing Policy are in arrears.

You will be charged $2 per month for every additional GB

Additional Storage

Monthly once you maximise your allocated storage allowance.

  • Overseas credit cards may attract bank related fees such as international fees and currency conversion.
  • We reserve the right to change this Pricing Policy at any time. We will endeavour to provide you with at least 7 days notice of such change.

Schedule 2: Service Policy

Services available:

Type

Details

Hours

Email support

You can email us on support@hippocamp.org with your Software support needs and queries.

Our email support inbox is monitored from 9:00 am – 5:00 pm Business days from Monday – Friday Australian QLD time.

Support ticketing system

Lodge an online request for support.

We will endeavour to respond to your Support ticket within 2 working days.

Hippocampus Training site

An online training site hosting FAQ and educational material and instructional videos for the use of the Software.

Available 24/7 online at help.hippocamp.org

Additional training support provided over the phone

For the charge and on the conditions as set out under the Pricing Policy.

Pre-arranged booking required.