Terms of Use

This website (“Website”) is owned and operated by DJSS Pty Ltd (ACN 28143793159) (“DJSS”). The Website is provided to you free of charge and your access to the Website is subject to your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as “Terms of Use”). Your use of, and/or access to, the Website and the Application (herewith known as “Nookal”) hosted on this Website, constitutes your agreement to the Terms of Use. DJSS reserves the right to amend these Terms of Use at any time.

Purpose

All information, blogs, advice sheets, videos, text, material, graphics and software on the Website (the “Content”) it is provided for demonstration purposes only in order for you to assess and trial the Content and structure of the Website and determine whether to subscribe to Nookal and/or to recommend subscription to your clients (the “Purpose”). You agree to use the Website, and its contents, for the Purpose and for your exclusive use only. The Content must not be reproduced for, or distributed to, or relied upon by, any other person(s) or by you for any other Purpose.

General information relating to medical and physical conditions, treatments or public or private health issues may be posted to the Website. The information available on or obtained via the Website is not intended or implied in any way to assume, take precedence over or to form the basis of, appropriate and timely medical consultation, opinion, diagnosis and treatment by a qualified doctor, physiotherapist, chiropractor, dentist, personal trainer, podiatrist or any other health professional. You acknowledge that you have sole responsibility for ensuring that your patients/clients undertake and obtain the correct management.

Services

We do not warrant that the Website will always be accessible. Should for any reason the Website be unreachable or unavailable, it is your responsibility to have a backup contingency plan. If, for whatever reason any backup is unavailable, we will not be held liable for loss of income, data or any other information.

We reserve the right to withdraw or impose restrictions on any part of the Website for whatever reason without notice or liability. We will endeavour to notify all customers of any scheduled downtime or maintenance which may affect you. You agree that we will not be held liable for any authorised or unauthorised access of your information being lost, stolen, sold or deleted.

We constantly monitor each and every user browsing within the Website. Any activity which we believe may jeopardise the security and safety of our services and information may result in the immediate termination of your session and/or account, and your actions may be reported to the appropriate authorities.

Should your account become overdue by more than thirty days, we reserve the right to charge late payment fee/s in accordance with our policies and procedures, or to block access to your account until all outstanding monies, including all late payment fees, are paid in full. We reserve the right to terminate accounts at any time without any notice.

We reserve the right to review and adjust service pricing on an annual basis.

SMS Service

We offer an integrated SMS system for use within Nookal that is an automated appointment reminder and sender of SMS messages. We use a credit based system for sending SMS messages – each message is charged at a predetermined amount monthly and may change at any time without notice. We cover all of the Australian network operators, but the cost of sending is dependent on the network operators in the particular region.

1 credit will generally = 1 message, however some destinations may charge less than 1 credit and some may charge 2 or more credits per message. A set-up fee of $10.00 + GST (once off payment) is required to activate your account. Please note that all prices are exclusive of VAT. SMS charges are not included during a free trial or demonstration period, and will be charged to you during or at the conclusion of your trial or demonstration.

You agree that DJSS will not be held responsible for any repercussions for SMS messages not sent or not received and for any misuse of the SMS services offered, which may be interpreted as spam or unwanted electronic material.

SMS message delivery is not guaranteed by any network operator, and there is no method through which we can determine whether an SMS message has been delivered to the recipient’s handset. Around 1% to 5% of messages are lost in transmission during normal operating conditions, and some may be delivered late, or not at all.

Service Credits

Unused service credits for services including but not limited to SMS and Online Claiming will expire 12 months after purchase.

Charges and Payment

You must pay any charges on your Nookal account in full and without any set-off or deduction by the date shown on the invoice.

If you supply your credit card or direct debit details to us, we may debit that account for all charges under this agreement until you notify us otherwise in writing.

If you do not pay any amount due to us under this agreement by the due date, we may terminate, restrict or suspend your account and all other services in your name; use an external agency to recover the debt; charge you a late payment fee; charge you a disconnection fee if we terminate, restrict or suspend the service; and add our collection costs to the amount that you owe us.

If we terminate, restrict or suspend the service for any reason, we reserve the right not to reinstate the service until you have paid all amounts outstanding on all your accounts. We may also charge a fee for reinstating your service. This fee is in addition to any late payment fees and disconnection fees. We may report any payment default to a credit reporting Agency. We will endeavour to bill you promptly. However, due to circumstances outside of our control it is not always possible for us to include all charges for a particular billing period on the bill for that period. Some charges may appear on a later bill. In some cases, we may bill you for earlier charges after the service has been terminated.

Refund Policy

DJSS enforces a strict no refund policy after the expiration of the initial free trial or demonstration period.

Intellectual Property, Trade Marks, Copyright and Restrictions on Use

The Content belongs to DJSS, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trade mark laws. The Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by DJSS or its affiliates.

Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trade mark, logos and other proprietary notices), you may:

  1. using an industry-standard Web browser, download, print and view the Content for your personal, non-commercial use in accordance with the Purpose;
  2. if you are an Internet service and/or access provider, supply the Content to your subscriber.

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of DJSS or an affiliate, or which is prohibited by the Terms of Use. All trade marks displayed on the Website are trade marks of DJSS or its affiliates (as indicated).

Nothing contained on the Website should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written permission of DJSS, the relevant DJSS affiliate or third-party owner. All powers (if any) conferred by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.

Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by DJSS. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 Commonwealth and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  1. copy, download, reproduce or view any source code on this Website (except where necessary to view material on the Website using your web browser);
  2. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website;
  3. commercialise any information, products or services obtained from any part of this Website without our written permission.

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

  1. in, or as the whole or part of your own trade marks;
  2. in connection with activities, products or services which are not ours;
  3. in a manner which may be confusing, misleading or deceptive;
  4. in a manner that disparages us or our information, products or services (including this Website).

Unless we agree otherwise in writing, you are provided with access to this Website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission or sell information obtained from this Website.

Confidentiality

For the purpose of the Terms of Use, DJSS’s confidential information means the Content and any information relating to the business, property, know-how, trade secrets, products, services, customers, suppliers, your user ID and password, or other affairs of DJSS (“Confidential Information”). Except as expressly permitted or required by this Agreement, you must not use or disclose to any other person, any of DJSS’s Confidential Information. The obligations of confidentiality set out in this section will not apply to any information:

  1. which is publicly known;
  2. which is disclosed to you without restriction by a third party and without any breach of confidentiality by the third party;
  3. which is developed independently by you without reliance on any of the DJSS’s Confidential Information.
Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Users must be aware that we cannot guarantee confidentiality of information transferred to recipients via the email messaging service.

Warranties

You warrant and acknowledge that:

  1. You are over the age of 18 years and that you have the legal capacity to enter into a legally binding contract;
  2. The information you provided on this Website is:
    • correct, complete and current;
    • not misleading or deceptive or likely to mislead or deceive;
    • free from any programming bugs or computer viruses, faults, or errors;
  3. you will not impede the use of this Website by any person;
  4. you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password.
  5. you will maintain secrecy and confidentiality of all username and password information required by you to access the Website or Nookal and you will immediately notify us if your password has been lost, stolen or compromised in any way;
Disclaimer and Limitation of Liability

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by DJSS of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). DJSS does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

To the fullest extent permitted by law and except as provided for by the Non-excludable Rights:

  1. all Content is provided “as is” and without warranties of any kind, either express or implied;
  2. DJSS expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  3. DJSS does not warrant that your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
  4. DJSS does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
  5. DJSS does not accept responsibility for any unauthorised access to the system including but not limited to access gained via disclosure of a users password in negligent activity with their password.

To the fullest extent permitted by law and except as provided for by the Non-excludable Rights, under no circumstances (including but not limited to any act or omission on the part of DJSS and whether arising in contract, tort (including negligence) or otherwise) will DJSS or its affiliates be liable for any indirect, incidental, special or consequential damages or any loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss of or interruption to your business whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content.

To the fullest extent permitted by law, DJSS’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of DJSS to the following:

  • in the case of services supplied or offered by DJSS:
    1. the supply of the services again;
    2. the payment of the cost of having services supplied again.
  • and in the case of goods supplied or offered by DJSS:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of such goods;
    3. the payment of the cost of replacing the goods or acquiring equivalent goods;
    4. the payment of the cost of having the goods repaired.

We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

Cancellations and Terminations

You may cancel your account at any time by notifying the Nookal support team via the http://support.nookal.com website. The Terms of Use are effective until terminated by DJSS, and DJSS may terminate this agreement and your access to the Website at any time without notice.

In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all DJSS disclaimers and limitations of liability set out in the Terms of Use will survive.

Your account and any stored data will be deleted 90 days after your account is terminated or cancelled. Free trial accounts will be deleted immediately after the trial period has expired. DJSS assumes no responsibility for loss or damage you may suffer due to account cancellation or termination.

Linked Websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. DJSS are not responsible for the content or privacy practices associated with linked websites.

Our connection to linked websites should not be construed as an endorsement, approval or recommendation by us, of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to, or contained on those linked websites, unless, and to the extent stipulated, to the contrary.

Miscellaneous

DJSS assumes no obligation to update the information or to advise on further developments. The Content may be changed without notice. If you have any concerns about any information on the Website then please tell us using the ‘Contact Us’ section of the Website. If you wish to receive a response, please include a contact email address in your feedback. DJSS relies on your continued observance of these Terms of Use.

If DJSS suffers any loss or damage or incurs any costs in connection with any breach by you of these Terms of Use or any other legal obligation then you agree to indemnify DJSS for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws of Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the high courts of Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

Whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.

Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We make no warranty that goods or services acquired from us over this website will meet your requirements.

Details contained on this Website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this Website.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms of Use are found to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.