Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Booklify appointment-management platform and related services (the “Service”), provided by Booklify (“Booklify”, “we”, “us” or “our”). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a practice or organisation, you confirm you are authorised to bind that organisation.

1. Who these Terms apply to

• Practices — healthcare practices and their staff who subscribe to and administer the Service.
• Patients — individuals who use a practice’s online booking portal to book and manage their own appointments.

Some sections apply only to practices and are marked accordingly.

2. The Service

Booklify is a multi-tenant, cloud-based platform that lets practices schedule appointments, manage patients, services, locations and practitioners, send appointment reminders, recalls and follow-up messages, and accept online bookings from patients. We may add, change or remove features over time to improve the Service.

Booklify is a scheduling and communication tool only. It is not a medical device, electronic health record, or a substitute for professional clinical judgement, advice, diagnosis or treatment. Practices remain solely responsible for the care they provide and for the accuracy of the information they enter.

3. Accounts and security

• You must provide accurate information when registering and keep it up to date.
• You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
• You must notify us promptly of any unauthorised access or suspected security breach.
• We may suspend or deactivate accounts that are inactive, in breach of these Terms, or where suspension is necessary to protect the Service or other users.

4. Practice responsibilities (practices only)

• You are responsible for obtaining all necessary consents from your patients to collect, store and communicate with them through the Service, and for complying with your own privacy, health-records and professional obligations under the Privacy Act 1988 (Cth), the Privacy Act 2020 (NZ), the Health Information Privacy Code 2020 (NZ) and any other applicable laws.
• You are responsible for the accuracy of patient and practice data you enter, and for configuring reminders, recalls and notifications appropriately.
• You must ensure that messages sent through the Service are lawful and relate to the care and scheduling services you provide.
• You are responsible for managing your staff accounts and the access levels you grant them.

5. Patient bookings

When you book an appointment through a practice’s online portal, you are making a request to that practice. The practice may confirm, reschedule or cancel appointments in accordance with its own policies. Booklify facilitates the booking but is not a party to the relationship between you and your practice and is not responsible for the practice accepting, honouring or cancelling any appointment, or for the care provided.

6. Acceptable use

You agree not to:

• use the Service for any unlawful, harmful, misleading or fraudulent purpose;
• access, or attempt to access, data belonging to another practice or any account you are not authorised to use;
• interfere with, disrupt, probe or attempt to gain unauthorised access to the Service or its infrastructure;
• send unsolicited marketing, spam or any communication not permitted by law through the Service;
• copy, modify, reverse-engineer, resell or create derivative works from the Service except to the extent permitted by law;
• upload malicious code or use the Service in a way that could damage or overload it.

7. Fees and payment (practices only)

Access to the Service may be subject to subscription fees, which will be set out in your order or plan. Unless stated otherwise, fees are payable in advance, are exclusive of GST and other applicable taxes, and are non-refundable except as required by law. We may change our fees on reasonable prior notice, effective from your next billing period.

8. Data ownership and privacy

As between Booklify and a practice, the practice owns the patient and practice data it enters into the Service. The practice grants Booklify the right to host, process and transmit that data as needed to provide the Service. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Practices are responsible for their own patient data and for meeting their own privacy obligations.

On termination, and subject to any legal retention requirements, we will make a practice’s data available for export for a reasonable period and then delete or de-identify it in accordance with our data-retention practices.

9. Availability and changes

We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance or due to factors beyond our reasonable control. We may modify, suspend or discontinue features from time to time.

10. Third-party services

The Service relies on third-party providers (for example cloud hosting, and email and SMS delivery) and may integrate with third-party services such as calendar providers. Your use of those third-party services is governed by their own terms, and we are not responsible for them.

11. Intellectual property

Booklify and its licensors own all intellectual property rights in the Service, including its software, design and branding. Nothing in these Terms transfers those rights to you. We grant you a limited, non-exclusive, non-transferable right to use the Service while these Terms are in force.

12. Consumer guarantees

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, the New Zealand Consumer Guarantees Act 1993 or any other law that cannot lawfully be excluded. Where we are permitted to limit our liability for breach of such a guarantee, our liability is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied.

13. Disclaimers and limitation of liability

To the maximum extent permitted by law, the Service is provided “as is” and we exclude all implied warranties. We are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill, arising out of or in connection with the Service. Subject to section 12, our total aggregate liability arising out of or in connection with these Terms is limited to the fees paid by the practice for the Service in the twelve months before the event giving rise to the liability.

We are not responsible for clinical decisions, the accuracy of data entered by practices, missed or attended appointments, or the consequences of messages (or failed message delivery) sent through the Service.

14. Indemnity (practices only)

You agree to indemnify Booklify against claims, losses and costs arising from your breach of these Terms, your misuse of the Service, or your failure to obtain necessary patient consents or to comply with applicable laws.

15. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, fail to pay fees when due, or where required to protect the Service or comply with law. Provisions that by their nature should survive termination (including sections on data, intellectual property, liability and indemnity) will continue to apply.

16. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top of this page shows when they were last revised. We will give reasonable notice of material changes through the platform or by other reasonable means. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing law

These Terms are governed by the laws of [State/Territory], Australia, and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction. Where the Service is used in New Zealand, nothing in these Terms limits any non-excludable rights you have under New Zealand law.

18. Contact us

Questions about these Terms can be sent to support@booklify.co.za.

This document is provided as a general template and does not constitute legal advice. You should have it reviewed by a qualified legal practitioner and complete the bracketed details before publishing.