The definition of “Customer” pertains at all times to the individual/s either on behalf of a business or entity or another end user or for themselves that makes a booking, or intends to make a booking to use “the service”.
The definition of “the service” used in this document pertains at all times to the medical call and or text and or other reminder that is sent at a scheduled time as a product offering of Medicaller.com and delivered to or intended for an end user nominated by a customer.
The definition of “the website” is the medicaller.com website.
The definition of “Medicaller” used in this document means Medicaller Pty Ltd 066145435 being the proprietary company that runs the Medicaller and MedicallerSmart services.
By using the service or visiting the website you the customer and or end user agree to these Terms and Conditions of service. If you do not agree with these Terms and Conditions you or your agent on your behalf must discontinue use of the service immediately.
The Customer shall be solely responsible for ensuring that the end destination to receive the service by Medicaller is properly authorized to receive the service.
If the Customer would like to cancel or change the time of the service schedule by Medicaller or if any mistake has occurred in making calls charged to the Customer or to a third party, it is at Medicaller’s discretion whether a refund is granted or the scheduled time is changed.
Medicaller is not responsible for the service disturbing in any way a person other than the Customer or intended as the end user of the service by the customer or a third person but will as soon as practicable review and ensure that the disturbance as soon as practicable to anyone other than the intended receiver of the service of Medicaller is not repeated.
Medicaller warrants that the service shall be performed with reasonable care in a diligent and competent manner but does not guarantee that the service will always be made or that it will occur at the time booked for the service. Medicaller also warrants that it will in its absolute discretion consider whether a refund or credit should occur for any reason in response to any request of the customer or on behalf of the customer.
In any event any credit or refund shall be offset against any future use of the service by the customer and not be a monetary payment. Any such credit or refund shall also be no more than the unit value of the call as previously paid by the customer and if any doubt of that value then at the cost paid by Medicaller for delivering that unit of the service based on no more than one unit of one reminder instance per customer prior to Medicaller being made aware of any concern of the customer or on behalf of the user or users with the service.
The customer warrants to Medicaller that they have a contingency plan and option for the service, especially when there may be health risks or economic consequences that may otherwise need to be avoided and could be avoided with such contingency plan.
To the fullest extent permitted by law this clause is Medicaller’s only warranty concerning the service and is made expressly in lieu of all other warranties and representations, express or implied.
Pricing is subject to change and is based on the service being accessed without customisation for any customer.
All pricing is in Australian Currency and includes GST or otherwise in United States dollars which will be made clear for delivery of the service outside of Australia.
Any discounted or free call offers are done so at the discretion of Medicaller.
Medicaller may withdraw free call offers if in its reasonable opinion a Customer has misused the system, which includes using the service to harass, threaten or otherwise abuse others.
The pricing of the service assumes no customisation is required by the customer unless specified in writing and agreed between the Customer and Medicaller.
Terms and Termination of Service
Please note, these Terms and Conditions may be updated from time to time without notice. You agree that you may access the most recent version of this policy at any time by visiting this website and clicking on the Terms and Conditions link.
If the service is cancelled by the Customer prior to its scheduled time where the reminder service would have run as normal had it not been cancelled, the Customer is not entitled to a credit or refund unless Medicaller opts to offer a credit or refund which shall be at the sold disruption of Medicaller.
Medicaller reserves the right to terminate the service at any time. Where the service has been booked and the termination would occur prior to the booking or bookings’ scheduled times, any credit or refund to the Customer shall be at the discretion of Medicaller.
All industrial and intellectual property rights in and relating to any inventions, patents, applications for patents, design applications, designs (whether registered or unregistered), copyrights, (including copyright conferred by the Copyright Act 1968), trade or service marks (whether registered or unregistered), Confidential Information, integrated circuits, any rights that presently exist or may arise in the future anywhere in the world in respect of the service that the Customer shall use belong to Medicaller. The Customer obtains no rights to this intellectual property through using the service.
Medicaller shall not store or distribute the Customer’s credit card information.
Medicaller may store the Customer’s contact details including their phone number or numbers, their email address or other information for the purpose of contacting the Customer if reasonably necessary but Medicaller shall not distribute this information or use it for any promotion that is not related to Medicaller.
The Customer must not disclose or make public any confidential information including material acquired in connection with or by the performance of the service unless with prior approval in writing from Medicaller. The parties will continue to be bound under this clause notwithstanding the termination of any agreement between them.
For this purpose ‘confidential information’ means all drawings, maps, plans, designs, diagrams, tables, charts, specifications, documents of any sort, computer material, information in whatever form embodied and samples, models and any other object or matter belonging to any other party that comes to a party’s knowledge during the performance of this agreement.
Limitations of Use
Where the Customer specifically uses or requests the use of material that may be protected under copyright laws, the Customer agrees to indemnify Medicaller for any infringement on such copyright.
The Customer indemnifies Medicaller from and against any claim, demand, action, suit or proceeding that may be bought by any person against them or their employees or agents or any of them in respect of personal injury to or the death of any person whatsoever or loss of or damage to any property or any other loss or damage whatsoever arising out of or as a consequence of an unlawful act or negligent act or omission by the Customer in the execution of the work under this Agreement, or by their use of their account, and also from any costs and expenses that may be incurred with any such claim, demand, action suit or proceeding.
The Customer agrees to comply with all applicable federal and state laws as well as regulations and guidelines laid out by regulatory authorities when using Medicaller’s systems.
The Customer agrees to comply with the SPAM Act 2003.
Medicaller may deny use of the service if in its reasonable opinion it suspects that a Customer is misusing the system, which includes using the service to harass, threaten or otherwise abuse others.
The Customer is to provide his or her own hardware required to book or receive the service and is solely responsible for all costs and fees associated with that usage.
Medicaller is permitted to assign or license its associated services to any third party without the prior consent or notification to the Customer.
Medicaller has made significant investment in infrastructure and processes to ensure maximum data integrity and security.
Computer and network security is controlled via hierarchical access right assignments. Access rights are assigned based on job function and role and only data required for the specific role is made available. Additionally, audit/logging is enabled for sensitive data sources to ensure that all access is recorded.
Accessibility to computers systems and data from the Internet is controlled via advanced firewall technologies and access systems.
Comprehensive Terms and Conditions
These terms and conditions are intended to be comprehensive. To the extent that they fall short of necessary detail it is agreed that the service is intended to be provided with good will by Medicaller and that the Customer and user agrees that there shall be no right of proceedings against Medicaller for any claim or claims of default in provision of the service and that the parties will always work in good faith to address any concerns between them and as a last resort will recognize that either party can cease working with the other as the final remedy. The only exception to this is for the right to recover any other contract sum for minimums that may apply and be payable over a term to Medicaller and then in that event it is a recoverable debt due in total to the end of such previously agreed term.