HOME PAGE
QUICK OVERVIEW
OFFER ONLINE APPOINTMENTS TO YOUR PATIENTS
SCRIPT REQUESTS
WAITING ROOM PATIENT/CHECK-IN APP
REGISTER YOUR INTEREST
SIGN UP YOUR PRACTICE
SIGN UP YOUR PHARMACY
TUTORIALS
CONTACT
Devonport GP Superclinic
Advantages to your practice
Advantages for employers
Advantages for patients
Patient
Employer
Admin

Partner: Stat Health only

Background

A.    DocAppointments.com.au is the owner of the licence software and the exclusive licensee of the Rights in MyDoc (MyDoc is the online appointment software).

B.    DocAppointments.com.au has agreed to grant the Clinic a non-exclusive licence to use MyDoc and the Clinic has agreed to accept such licence on the terms and conditions in this Agreement.

Operative Part

1.    Definitions and Interpretation

1.1    Definitions

The following definitions apply:

“Act” means the Copyright Act (Cwlth) 1968 and includes any modification or re enactment of the Act.

“Agreement” means this licence agreement.

“AUS” means the lawful currency of Australia.

“Business Day” means any day except a Saturday, Sunday or public holiday in Australia.

“Business Hours” means between 9.00am and 5.00pm on a Business Day.

“Confidential Information” means (whether in written, electronic, oral or any other form):

(a)    the terms of this Agreement; and

(b)    all information, know-how, ideas, concepts, technology, industrial, marketing and commercial knowledge of a confidential nature (whether in tangible or intangible form) relating to or developed in connection with MyDoc or in support of DocAppointments.com.au business which is disclosed, communicated or delivered to, learnt by, or which otherwise comes to the knowledge of or into the possession of the Clinic under or in connection with this Agreement, whether disclosed before or after this Agreement is signed.

“Content” means:

(a)    the text on the DocAppointments.com.au Website;

(b)    the graphics on the DocAppointments.com.au Website; and

(c)    the text and graphics within any document downloaded from the DocAppointments.com.au Website.

“Commissioning Works” means the works set out in item 1 of the Schedule to customise MyDoc for the Clinic.

“Docappointments.com.au Website” means:

(a)    the system design of the DocAppointments.com.au Website; and

(b)    the electronic security access program for the DocAppointments.com.au Website.

“Force Majeure” means anything outside the reasonable control of a party and includes fire, storm, flood, earthquake, explosion, act of public enemy, act of terrorism or sabotage, war, rebellion, insurrection, act of God, epidemic, quarantine restriction, labour dispute, transportation embargo or failure or delay in transportation but does not include a shortage of funds.

“Implementation Fee” means the fee payable by the Clinic to Docappointments for the Commissioning Works set out in item 2(a) of the Schedule.

“Insolvency Event”, in relation to a party, means any of the following events:

(a)    the party ceases to (or is unable to) pay its creditors (or any of them) in the ordinary course of business, or announces its intention to do so;

(b)    a receiver, receiver and manager, administrator, liquidator or similar officer is appointed to that party or any of its assets;

(c)    such party enters into, or resolves to enter into a scheme or arrangement, compromise or composition with any class of creditors;

(d)    a resolution is passed or an application to a court is taken for the winding up, dissolution, official management or administration of that party; or

(e)    anything having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction.

“Intellectual Property” means all business names, domain names, copyright, circuit layouts, patents, registered and unregistered trade marks, registered designs, trade secrets and know how and all other intellectual property rights resulting from intellectual activity.

“Licence Fee” means the monthly licence fee payable to DocAppointments.com.au for use of MyDoc by the Clinic set out in item 2(b) of the Schedule.

“Modify” means to add to, remove, modify and otherwise change (including features and functionality).

“MyDoc” means the version of the web-based software application that supports the making of appointments with doctors 24 hours a day licensed by DocAppointments.com.au to the Clinic pursuant to this Agreement, whether it incorporates Commissioning Works or not.

“Registered User” means any of the Clinic’s officers, employees or contractors who is issued log in credentials comprising a username and password by Docappointments to access and make changes to the Clinic’s appointment books on MyDoc.  

“Rights” means all right, title and interest including but not limited to copyright.

“Schedule” means the schedule to this Agreement.

“Term” means the period of this Agreement under clause 2.

“Use” includes:

(a)    online use of the DocAppointments.com.au Website; and

(b)    uploading information to the DocAppointments.com.au Website by DocAppointments.com.au including any changes to the information; and

(c)    access by the Clinic to the Clinic’s own dedicated admin tool with facilities relating only to their clinic.

1.2    Interpretation

The following rules apply unless the context requires otherwise:

(a)    the singular includes the plural and vice versa;

(b)    words importing persons include corporations, companies, associations and institutions;

(c)    if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(d)    a reference to a clause or schedule is a reference to a clause of or a schedule to this Agreement;

(e)    headings are for convenience only and do not affect interpretation;

(f)    a reference to a party to this Agreement or another agreement or document includes the party’s successors, permitted substitutes and assigns and where applicable, the parties executors and legal personal representatives;

(g)    a reference to an obligation of two or more parties binds all of them jointly and each of them severally;

(h)    definitions contained in the Act apply to this Agreement unless the contrary intention is expressed; and

(i)    no rule of construction applies to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement or any part of it.

2.    Term

This Agreement commences on the Commencement Date and continues until terminated in accordance with clause 10.

3.    Licence

3.1    In consideration of the payment of the Implementation Fee and Licence Fee in accordance with clause 4 and the terms and conditions in this Agreement, DocAppointments.com.au:

(a)    will engage a third party to carry out the Commissioning Work; and

(b)    grants to the Clinic, during the Term, a non-exclusive, worldwide, non-transferable, non-sub licensable, licence for the Clinic to use MyDoc as Modified by DocAppointments.com.au from time to time.

3.2    Except as expressly permitted by this Agreement, the Clinic and its Registered Users may not download, copy, reproduce, transmit, display, distribute, commercially exploit, access or use MyDoc.

3.3    

(a)    The Clinic is responsible for the supervision, management and control of Registered Users’ use of MyDoc and will:

(i)    use commercially reasonable efforts to protect MyDoc from unauthorised access, reproduction, disclosure or use; and

(ii)    ensure Registered Users do not upload any content onto the Docappointments.com.au Website that may breach this Agreement or infringe the Act or any other laws.

(b)    In the event the Clinic becomes aware of any unauthorised use of or access to MyDoc and/or any breach or infringement of the Act or any other laws, the Clinic will immediately notify DocAppointments.com.au in writing and fully co-operate, at the Clinic’s expense, to prevent such unauthorised use or disclosure or to take appropriate action in relation to such breach or infringement of the Act or other laws.

3.4    DocAppointments.com.au reserves the right in its sole discretion to:

(a)    Modify MyDoc without notice;

(b)    suspend access to MyDoc and the Docappointments.com.au Website for the purposes of maintenance, repair or upgrade; and

(c)    immediately, without notice, suspend or terminate access to MyDoc and the DocAppointments.com.au Website if the Clinic breaches this Agreement.

3.5    DocAppointments.com.au will provide access to MyDoc to the Clinic via the World Wide Web.  The Clinic acknowledges:

(a)    users including Registered Users accessing the Clinic’s appointments link must have a supported browser and internet connectivity with flash software installed to access MyDoc and that the cost of such internet connectivity is at the Clinic or user’s expense; and

(b)    DocAppointments.com.au is not responsible if the DocAppointments.com.au Website is not available, including where this is due to changes to MyDoc or changes to the software and setup of the individual Clinic’s servers, carried out by the Clinic or its Registered Users or any third party.  

4.    Licence Fee

4.1    The Clinic will pay to DocAppointments.com.au:

(a)    the Implementation Fee (a maximum of $400 + GST, depending upon your system); and

(b)    the Licence Fee ($150 + GST per month), in accordance with clause 4.4. 4.2    The Licence Fee may be varied by DocAppointments.com.au giving the Clinic at least thirty (30) days notice of the new Licence Fee. Please note that the fee is per Clinic, not per Doctor or number of appointments. Discounts are available for companies with multiple clinics.

4.3    The Clinic agrees:

(a)    the Licence Fee does not include the costs charged by any third party for supplying their services which are enabled by MyDoc (“Third Party Services”); and

(b)    it will:

(i)    establish its own accounts with third party providers for any Third Party Services it requires;

(ii)    fulfil its legal obligations in relation to accounts established to satisfy clause 4.3(b)(i); and

(iii)    provide DocAppointments.com.au with any access codes, user credentials or similar information required to allow MyDoc to enable such Third Party Services.

4.4    DocAppointments.com.au tax invoices are due and payable by the Clinic within 30 days of the date of issue of the relevant tax invoice.

4.5    Terms used in this Agreement have the same meaning as given to those terms in A New Tax System (Goods and Services Tax) Act 1999. Unless GST is expressly included, any consideration to be paid or provided under this Agreement for any supply made under or in connection with this Agreement does not include GST. To the extent that any supply made under or in connection with this Agreement is a taxable supply, the GST exclusive consideration otherwise to be paid or provided for that taxable supply is increased by the amount of any GST payable in respect of that taxable supply. That amount must be paid at the same time and in the same manner as the GST exclusive consideration is otherwise to be paid or provided. A party’s right to payment under this clause is subject to a valid tax invoice being delivered to the recipient of the taxable supply.

5.    Service Levels

5.1    DocAppointments.com.au makes no representations or warranties to the Clinic as to the availability of MyDoc and the DocAppointments.com.au Website except that DocAppointments.com.au will not intentionally do or omit to do anything which adversely affects the availability of MyDoc and the DocAppointments.com.au Website to the Clinic compared with the availability provided to other clients, without reasonable prior notice to the Clinic.

5.2    DocAppointments.com.au will establish a reporting system accessed from the DocAppointments.com.au Website whereby the Clinic may log any problems with MyDoc (“Logged Problems”).

6.    Intellectual Property

6.1    The Clinic agrees:

(a)    that MyDoc contains Intellectual Property solely owned by or exclusively licensed by DocAppointments.com.au and MyDoc is protected by the laws of the Commonwealth of Australia and international treaties, including, but not limited to, copyright in the Content and services provided from the DocAppointments.com.au Website;

(b)    that except as provided in clause 3, the Clinic and its Registered Users will not use the DocAppointments.com.au Website, the Content or MyDoc to:

(i)    reproduce the Content in any material form;

(ii)    distribute the Content in any material form;

(iii)    re-transmit the Content by any medium of communication;

(iv)    upload or repost the Content to any other site or location on the internet or other on-line service; or

(v)    ‘frame’ the Content with other material on any other site or location, or on-line service.

(c)    not to:

(i)    decompile, reverse engineer, disassemble, or create derivative works from the DocAppointments.com.au Website or the Content except as expressly authorised by this Agreement or Part III Division 4A Copyright Act 1968 (Cwlth);

(ii)    use any network monitoring or discovery software to derive the DocAppointments.com.au Website system design, to monitor or copy it, cache its Content or to extract usage information; nor

(iii)    intentionally or recklessly harm or cause loss to any person by use of the Content.

6.2    The Clinic acknowledges the DocAppointments.com.au Website contains links to sites owned and operated by third parties which are not under the control of DocAppointments.com.au. DocAppointments.com.au:

(a)    provides the link or links as a convenience to the Clinic or at the request of the Clinic and no endorsement by DocAppointments.com.au of these sites is expressed or implied; and

(b)    is not responsible for, makes no warranties for, and accepts no liability in relation to the content of those sites.

7.    Liability of Docappointments.com.au

7.1    Subject to clause 7.2 any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.

7.2    Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty is deemed to be included in this Agreement.

7.3    The liability of DocAppointments.com.au for breach of any implied condition or warranty referred to in clause 7.2 is limited, at DocAppointments.com.au option, to one or more of the following:

(a)    if the breach relates to goods:

(i)    the replacement of the goods or the supply of equivalent goods;

(ii)    the repair of such goods;

(iii)    the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)    the payment of the cost of having the goods repaired; and

(b)    if the breach relates to services:

(i)    the supplying of the services again; or

(ii)    the payment of the cost of having the services supplied again.

7.4    Except in relation to liability for personal injury,  DocAppointments.com.au is under no liability to the Clinic in respect of any loss or damage (including but not limited to consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied under this Agreement or in respect of a failure or omission on the part of DocAppointments.com.au to comply with its obligations under this Agreement.

7.5    Subject to clause 7.6 the Clinic warrants that it has not relied on any representation made by DocAppointments.com.au which has not been expressly stated in this Agreement.

7.6    The Clinic acknowledges that to the extent DocAppointments.com.au has made any representation which is not stated expressly in this Agreement, the Clinic has been provided with an opportunity to independently verify the accuracy of that representation.

7.7    The Clinic indemnifies and holds harmless DocAppointments.com.au and its officers, employees and agents (“those indemnified”) from and against any loss (including but not limited to reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:

(a)    a breach by the Clinic of its obligations under this Agreement; or

(b)    any wilful, unlawful or negligent act or omission of the Clinic and/or its Registered Users.

8.    Relationship

8.1    Nothing in this Agreement constitutes any party a partner, agent, joint venturer, employee or servant of another party.

8.2    Neither party has power or authority (express or implied) to bind the other party to act as partner, agent, joint venturer, employee or servant of the other party.

9.    Confidentiality

9.1    

(a)    During the Term and at any time thereafter, the Clinic will not, except in the proper course of its duties under this Agreement or as required by law or by DocAppointments.com.au, use or disclose to any person any Confidential Information and will use its best endeavours to prevent the use or disclosure of any such information by third parties.

(b)    The obligations under this clause do not extend to Confidential Information which is:

(i)    known to the Clinic prior to its disclosure by DocAppointments.com.au;

(ii)    lawfully in the public domain; or

(iii)    required to be disclosed by law.

9.2    To the extent permitted by law, this clause 9 survives for a period of 10 years after the expiry of this Agreement or such other period as may be necessary to comply with law.

9.3    DocAppointments is not responsible for any misuse of personal and/or contact details, provided by any person upon registration. By using the system, the Practice and any person making appointments acknowledge and agree that the email provided will be used for confirmation of appointments made, newsletters generated at the request of the Practice or communications necessary for the management of appointments made.

10.    Termination

10.1    This Agreement may be terminated:

(a)    immediately by either party by written notice to the other party if the other party suffers an Insolvency Event;

(b)    immediately by either party by written notice to the other party if the other party is in default in performing or observing any terms of this Agreement and that default continues for a period of thirty (30) days after written notice has been given to the party in default to remedy the default; or

(c)    on thirty (30) days written notice by a party to the other party.

10.2    If this Agreement is terminated under clause 10.1:

(a)    the licence referred to in clause 3 immediately ceases;

(b)    the Clinic must pay within seven (7) days of the date of termination all monies due by it to Docappointments; and

(c)    such termination does not abrogate, release or extinguish any debts, obligations or liability of the parties which may have accrued.

11.    Notices

A notice or other communication to or by a party to this Agreement:

(a)    must be in writing addressed as shown below:

(i)    if to Docappointments.com.au Pty Ltd
PO Box 250, Latrobe TAS 7307
Attention:  Dr Calin Pava

Email:  admin@docappointments.com.au

(b)    is given or made:

(i)    if delivered by hand, at the time of delivery;

(ii)    in the case of delivery by post, two Business Days after the date of posting; and

(iii)    in the case of an email, on receipt by the sender of a confirmation email receipt, but if the result is that a notice would be taken to be given or made on a day that is not a Business Day or is later than 4:00 p.m. local time it will be taken to have been duly given or made at the commencement of business on the next Business Day.

12.    General

12.1    Waiver

The non-exercise or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right.  A power or right may only be waived in writing, signed by the party to be bound by the waiver.

12.2    Entire Agreement

This Agreement is the entire agreement of the parties on the subject matter.  All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this Agreement.

12.3    Severability

If any provision of this Agreement is unlawful, invalid or unenforceable or in conflict with any rule of law, statute, ordinance or regulation, it is to be severed so that the validity and enforceability of the remaining provisions are not affected.

12.4    Assignment

The benefit of this Agreement will not be dealt with by the Clinic (whether by assignment, sub-licensing or otherwise) without DocAppointments.com.au’s prior written consent.

12.5    Further Assistance

Each party must do, sign, execute and deliver and ensure that each of its employees and agents does, signs, executes and delivers, all deeds, documents, instruments and acts reasonably as required of it or them by notice from the other party to effectively carry out and give full effect to this Agreement and the rights and obligations of the parties under it.

12.6    Governing law

This Agreement is governed by the law in force in Tasmania and the parties submit to the jurisdiction of the courts of Tasmania.

12.7    Variations

The provisions of this Agreement will not be varied except by agreement in writing signed by both parties.

12.8    Costs and Expenses

Each party must pay its own costs and expenses in respect of the negotiations, preparation and execution of this Agreement.

12.9    Force Majeure

Neither party will be liable to the other party for any delay or failure to perform its obligations under this Agreement, apart from that party’s obligation to pay fees and any other monies under this Agreement, if that delay or failure is due to an event of Force Majeure.

12.10    Advertising

DocAppointments.com.au reserves the right to introduce advertising material that is relevant for patients at each individual surgery. This relates to all printed materials (e.g. brochures and banners), electronic mediums (e.g. emails and website) and mobile media (e.g. iPhone, iPad and Android applications).


Schedule

Item 1

Commissioning Works (covered by the implementation fee)

  • Assess the Clinic’s IT capability with regard to installation of MyDoc
  • Configure the Clinic’s server or install and configure new server software (provided by the Clinic) on the Clinic’s suitable machine (“Server”)
  • Configure a web server on the Server
  • Install PHP5 server technology
  • Create a new ODBC Data Source Name (“DSN”)
  • Create additional tables and fields in Pracsoft (provided by the Clinic) by running sql scripts
  • Insert the Clinic’s site logo, other branding material, colour scheme and META data (provided by the Clinic)

 

Download a PDF:

Terms and Conditions Terms and Conditions (1292 KB)

apple store

Android

Advertise with DocAppointment

 

Tasmania Launceston Practice Hobart Practice