All users of services provided by Nookal Pty Ltd accept these terms of business as outlined in this service agreement, irrespective of the ordering method employed.
1. Agreement Overview
This Agreement is entered into by Nookal Pty Ltd (registered office: Unit 14/240 Varsity Parade, Varsity Lakes QLD 4227, Australia), hereinafter referred to as “Nookal,” and you, the user, hereinafter referred to as “you.”
2. Terms and Conditions
These terms and conditions apply specifically to your use of the Nookal Practice Management Software integration. They complement our standard Terms and Conditions, which apply to all aspects of our services. Any changes to these terms must be mutually agreed upon and will not affect the rest of the agreement. Additional services will require a new order. Nookal reserves the right to suspend services if these terms and conditions are not followed.
3. Definitions
- Data Protection Legislation: Refers to the UK Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
- Data: Refers to any information stored within Nookal Pty Ltd, including but not limited to patient and financial details.
- Data Controller: As defined by the Data Protection Act 2018 and GDPR.
- Data Processor: As defined by the Data Protection Act 2018 and GDPR.
- Sub-Processor: As defined by the Data Protection Act 2018 and GDPR.
4. General
4.1 Nookal Pty Ltd integrates with the Healthcode VEDA® e-medical billing system for electronic invoicing and remittances.
4.2 Registration with Healthcode is required and subject to their terms and conditions.
4.3 All matters of registration with Healthcode are conducted directly and are beyond the control of Nookal Pty Ltd.
5. Disclaimers and Limitations on Liability
5.1 The Nookal Pty Ltd Healthcode module is provided on an “as-is” basis. Use at your own risk. Nookal Pty Ltd disclaims all warranties regarding the accuracy and timeliness of Healthcode information to the maximum extent permitted by law.
5.2 Nookal Pty Ltd shall not be liable for any direct or indirect losses due to unavailability or data corruption. You must implement adequate measures to safeguard your data. Delivery of invoices and remittances is not guaranteed, as Healthcode operates as an independent third party.
5.3 In the event of a data breach caused by Nookal or any of its sub-processors (as defined by the Data Protection Act 2018, GDPR, or any subsequent data protection legislation), our total aggregate liability shall be limited to no more than three times the total value of this Contract during the 12-month period preceding the breach.
6. Terms and Payment
6.1 This Agreement shall be on a monthly basis and will automatically renew unless terminated as provided herein.
6.2 You agree to remit monthly payments via Direct Debit for Healthcode charges. Additional fees apply for statements.
6.3 Nookal Pty Ltd reserves the right to amend costs with three months’ prior notice.
7. Termination and Suspension
7.1 Termination can be effected by written notice, with any outstanding charges billed on the subsequent billing date.
7.2 Nookal reserves the right to immediately terminate access if these terms are breached or security is compromised.
8. Healthcode Invoicing Bands
Charge bands for Nookal Pty Ltd Healthcode shall be:
| Tier | Rate |
| Up to £3,500.00 | 0.70% |
| £3,500.01 – £12,000.00 | 0.55% |
| £12,000.01 – £50,000.00 | 0.40% |
| £50,000.01 and above | 0.30% |
9. Data Protection
9.1 For purposes of this software, you are deemed the Data Controller, and Nookal acts as the Data Processor.
9.2 Nookal shall implement safeguards to ensure the segregation and security of your data.
9.3 As Data Controller, you warrant that: a) Personal data has been lawfully obtained; b) Disclosing such data to Nookal is lawful; and c) Nookal’s processing does not breach applicable laws.
9.4 As Data Processor, Nookal covenants to: a) Allow you to determine processing purposes and means; b) Process data solely to provide services, excluding marketing; c) Maintain relevant processing records; d) Notify you promptly of any data-related issues; e) Implement safeguards for data transfers outside the EEA.
9.5 Nookal shall assist with data protection compliance by: a) Detailing security measures implemented; b) Adhering to regulatory guidance and best practices.
9.6 You consent to Nookal’s use of sub-processors, subject to: a) Diligent review and adherence to terms; b) Binding confidentiality obligations; c) Assuming liability for sub-processors’ actions; d) Ensuring security measures are in place; e) Providing notice of new sub-processors.
9.7 During service use, Nookal shall: a) Limit data disclosure as per these terms; b) Prevent unauthorized third-party data use.
9.8 Nookal shall notify you within three business days of any data subject access requests.
9.9 Assistance with data subject requests will be provided when needed.
9.10 Data disclosure shall occur only as instructed or per these terms.
9.11 Notification of unauthorized access or data issues shall be provided within 14 days of Nookal becoming aware of the breach.
9.12 Parties shall collaborate to amend terms as necessitated by data protection laws.
9.13 Data remains the property of you, the customer.
9.14 Nookal shall report potential data protection breaches.
9.15 Nookal warrants compliance with applicable data laws and regulations.
9.16 Nookal guarantees appropriate data security measures for processing, transfer, storage, and deletion.
9.17 Nookal warrants implementation of technical and organizational measures to safeguard against unauthorized data processing or loss.
10. Governing Law
This Agreement shall be governed by the laws of the State of Queensland, Australia, with jurisdiction accepted as stated.
