Cleanbill means James Gillespie in his capacity as a legal person and owner of the Website.
Clinic means the legal entity purchasing a Featured Listing through the Website.
Featured Listing means a Nominated Listing that has been upgraded in accordance with the terms of this Agreement.
Nominated Listing means the listing on the Website identified during the Purchase Process as being sought to be upgraded to a Featured Listing by the Clinic.
Period means the length of time, outlined during the Purchase Process, for which a Nominated Listing is upgraded:
a) 1 Month is equal to 30 calendar days;
b) 6 Months is equal to 183 calendar days; and
c) 12 Months is equal to 365 calendar days.
Purchase Price means the total sum paid to Cleanbill through the Purchase Process.
Purchase Process means the process undertaken by the Clinic to upgrade the Nominated Listing.
Review Period means the period of three calendar days following the conclusion of the Purchase Process.
Website means this website (cleanbill.com.au).
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.
a) Cleanbill reserves the right to review and approve the upgrade of the Nominated Listing within the Review Period.
b) Cleanbill may reject or cancel the upgrade of the Nominated Listing for any reason during the Review Period.
c) Cleanbill undertakes to refund the Purchase Price to the Clinic if the upgrade of the Nominated Listing is rejected or cancelled in accordance with clause 3(b) of this Agreement.
4. Featured Listing Display
a) Subject to clause 3 of this Agreement, Cleanbill undertakes to upgrade the Nominated Listing to a Featured Listing for the Period, beginning on the first full calendar day following the upgrade of the Nominated Listing.
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 Featured Listing performs in accordance with the principles set out on the Website for the length of the Period.
c) The Clinic agrees that Cleanbill is not liable for any loss or damage incurred due to the Website or Featured Listing failing to perform as expected, except where Cleanbill is in violation of clause 4(b) of this Agreement.
a) Subject to clause 5(b), a Featured Listing can be cancelled at any time by the Clinic.
b) A Featured Listing may only be cancelled by email to Cleanbill from the Clinic using the email address entered during the Purchase Process.
c) The Clinic forfeits the full Purchase Price to Cleanbill upon cancellation of the Featured Listing.
a) Cleanbill may alter the terms of this Agreement at any time.
b) Cleanbill will notify the Clinic by email to the email address entered during the Purchase Process when any alteration to the terms of this Agreement occurs.
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.
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.
9. 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.