1. Definitions
Booking Partnership means the linking of the booking link provided through the Purchase Process to the book now button on the Nominated Listing.
Cleanbill means James Gillespie in his capacity as owner of the Website.
Clinic means the legal entity subscribing to a Booking Partnership through the Website.
Clinic Email means the email address provided for the Clinic through the Purchase Process.
Nominated Listing means the listing on the Website identified during the Purchase Process.
Period means the length of time from the approval of a Booking Partnership until its cancellation in accordance with the terms of this Agreement.
Purchase Price means the most recent monthly Booking Partnership payment made by the Clinic to Cleanbill.
Purchase Process means the process undertaken by the Clinic to subscribe to a Booking Partnership.
Review Period means the period of three calendar days following the conclusion of the Purchase Process.
Website means this website (cleanbill.com.au).
2. Purchase
a) The Clinic warrants that all of the information it provides through the Purchase Process is accurate and correct.
b) The Clinic warrants that it has ownership of or control over the subject of the Nominated Listing.
c) The Clinic warrants that it has the right and authority to enter into and perform its obligations under this Agreement.
3. Review
a) Cleanbill reserves the right to review and approve a Booking Partnership for the Nominated Listing within the Review Period.
b) Cleanbill may reject or cancel a Booking Partnership for the Nominated Listing for any reason during the Review Period.
c) Cleanbill undertakes to refund the Purchase Price to the Clinic if a Booking Partnership for the Nominated Listing is rejected or cancelled in accordance with clause 3(b) of this Agreement.
4. Booking Partnership
a) Subject to clause 3 of this Agreement, Cleanbill undertakes to implement a Booking Partnership for the Nominated Listing for the Period.
b) Cleanbill undertakes to use its best endeavours to ensure that:
i) except when undertaking Website maintenance, the Website remains publicly available and fit for purpose for the length of the Period; and
ii) the Booking Partnership for the Nominated Listing performs in accordance with the principles set out on the Website for the length of the Period.
c) The Clinic understands that the Website and Booking Partnership operate “as is” basis without warranty of any kind, whether express or implied. Cleanbill speciically disclaims any and all warranties and conditions associated with the uptime and fitness for purpose of both the Website and Booking Partnership.
d) Cleanbill is not liable for any loss or damage incurred due to the Website or Booking Partnership failing to operate or be accessible as expected.
5. Updating Details
a) The Clinic undertakes to inform Cleanbill through email from the Clinic Email to [email protected] whenever any piece of information provided through the Purchase Process needs to be updated.
b) Cleanbill undertakes to update the Nominated Listing with any information provided in accordance with clause 5(a) of this Agreement in a timely manner.
6. Cancellation
a) Subject to clause 6(b), a Booking Partnership can be cancelled at any time by the Clinic.
b) A Booking Partnership may only be cancelled by email to [email protected] from the Clinic Email.
c) The Clinic forfeits the Subscription Price to Cleanbill upon cancellation of the Booking Partnership.
7. Alteration
a) Cleanbill may alter the terms of this Agreement at any time.
b) Cleanbill will notify the Clinic by email to the Clinic Email when an alteration is made to this Agreement that impacts the Clinic or its Booking Partnership.
8. Indemnity
a) The Clinic indemnifies Cleanbill from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses associated with the breach by the Clinic of any of the terms of this Agreement.
9. Waiver
a) No waiver of a right or remedy under this Agreement is effective unless it is in writing and signed by Cleanbill. It is only effective in the specific instance and for the specific purpose for which it is granted.
b) A single or partial exercise of a right a remedy under this Agreement does not prevent a further exercise of that or of any other right or remedy.
c) Failure to exercise or delay in exercising a right or remedy under this Agreement does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
10. Interpretation and Governing Law
a) To the extent that this Website and Agreement is subject to non-excludable statutory provisions, this Agreement must be read subject to those statutory provisions. Nothing in this Agreement is intended to alter or restrict the operation of any non-excludable statutory provisions.
b) To the extent that any clause in this Agreement is inconsistent with any other terms displayed on individual pages of this Website, the other terms will prevail to the extent of any inconsistency.
c) Any clause within this Agreement which is found to be wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable, and the validity and enforceability of the remainder of this Agreement remains unaffected.
d) This Agreement is governed by the laws of Queensland, Australia. Cleanbill and the Clinic submit to the non-exclusive jurisdiction of the courts of Queensland and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.