Background
Our Terms of Use govern how we provide to you our SmartConsult service (“the Service”).
1. Provision of the Service
You have engaged us to provide the Service. The Service starts from the date we accept your application and process your payment for the Service. From this date all rights and obligations created in these Terms of Use will operate.
2. Access to the Service
2.1 As part of the Service we will provide you with:(a) a log-in identity and password to access the Service; and(b) assistance and support to use the Service as detailed on the SmartConsult website at https://www.app.smartconsult.com/contact
2.2 You agree that you are required to and are responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by you to access the Service. You understand that a more complex password increases protection of your password.
3. Use of the Service
3.1 You agree to comply with all directions relating to the access and use of the Service as notified by us to you from time to time. This includes you reviewing and updating your Accounts Page seen at https://www.app.smartconsult.com/account from time to time to keep it current.
3.2 We will not and cannot in any way supervise, edit or control the content and form of any information or data that is entered into the Service or accessed through the Service, so you understand and agree that we cannot be held responsible in any way for any content or information entered into or accessed via the Service.
3.3 You agree not to permit anyone else to access the Service using your log-in identity.
3.4 You agree not to use the Service for any purpose or activity of an illegal, fraudulent or defamatory nature.
4. Withdrawal of Access
We reserve the right, immediately and without notice to you, to withdraw your access to the Service. If we do so, we will refund any fee paid for Services that haven’t at that time been provided.
5. Intellectual Property Rights
5.1 You agree not to breach any copyright, trademark, design, patent or other rights in relation to:
(a) textual, graphical, audio and other material displayed on the Service or the SmartConsult website.
(b) the user interface of the Service including screens, organisation, operation, or control features; and
(c) all methodologies and processes associated with the Services(“Intellectual Property Rights”)
5.2 In addition to any other remedy available under the law, you indemnify and agree to keep indemnified us, our servants and agents against all loss, damage, costs and expenses arising out of your breach of our Intellectual Property Rights.
6. Payment of Fees
6.1 In addition to you paying the Fee for the Service, we may ask you:(a) to provide to us your feedback about your experience with the Service;(b) to let us know what enquiries you have received about the Service from others;(c) to tell others about the Service and you agree to us contacting you about these things from time to time.
6.2 We may, by notice in writing to you, alter the fee payable by you to us for us providing the Service to you. We will provide you with at least 30 days’ notice.
7. Confidentiality
7.1 In relation to any confidential information you disclose to us, we will:
(a) take all reasonable steps to ensure that the information is protected from misuse, unauthorised access, modification or disclosure; and
(b) ensure that access to the information is limited to those of our employees and contractors who are required to access that information for the purposes of us providing the Service to you.
8. Privacy
8.1 To enable us to provide the Service to you, we may from time to time collect your personal information. This will be kept to the minimum needed to properly provide our Services.8.2 When collecting personal information, we will comply with our privacy policy which can be found on the SmartConsult website at https://app.smartconsult.com/privacy
9. Termination
9.1 We may terminate the Service immediately by notice to you either through the login process or by email.
9.3 On termination of our Service to you we will delete all YOUR personal records held with us within 6 months of the date of termination, and we are discharged from any further obligations to you.
9.4 If you wish to cancel the Service you may do so at any time by sending an email to support@smartconsult.com or cancel your subscription by navigating to https://app.smartconsult.com/account and clicking manage subscription. Your cancellation will be processed as soon as practicable after your email requesting cancellation is received.
10. Disclaimers
10.1 You acknowledge and accept in respect of the SmartConsult Notes that:
(a) You will review the SmartConsult Notes and make such changes to them, so they are an accurate summary of your patient consultation.
(b) You accept responsibility for the final version of the SmartConsult Notes.
(c) You acknowledge that the SmartConsult Notes are generated using Artificial Intelligence technology, which although constantly evolving and improving is not guaranteed to be perfect or completely accurate.
(d) SmartConsult gives no warranty nor bears any liability arising from, or in connection with, the use of the SmartConsult Notes by you or any third party claiming through you.
10.2 General Disclaimer
(a) We are not liable for any loss or damage in connection with our provision of the Service to you, or for any information or data that is entered into or accessed from the Service by you, your staff or anyone else.
(b) We are not liable for any loss or damage in connection with use of the Service by you, your staff or anyone else.
(c) You acknowledge that the initial features of the Service, may be altered at any time in response to feedback from users of the Service or for other reason. We are not liable to you for any alteration to the Service.
(d) these general disclaimers are not restricted or modified by any of the specific warnings or disclaimers set out in sub-clause 10.2.10.3 Specific Warnings and Disclaimers
(e) The Trade Practices Act 1974 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to our provision of the Service to you which cannot be excluded, restricted or modified (“non-ex The parties submit to the non-exclusive jurisdiction of the courts in and of the State of Queensland in relation to any dispute under these Terms of Use or in relation to the Service."
