Terms & Conditions of use
1. About the Website and Online Store
(a) Welcome to digitalpractice.co, (the ‘Website’). The Website provides you with an opportunity (the ‘Service’) to browse, purchase, modify and publish various digital and downloadable products that have been listed for sale through the Website (the ‘Products’). The Website provides this Service by way of granting you access to the brief description of the Products (the ‘Purchase Services’) and providing access to the Products through a third-party platform.
(b) The Website is operated by ITV Technology Pty Ltd t/a Digital Practice (ABN 46147013714). Access to and use of the Website, or any of its associated Products or Services, is provided by ITV Technology Pty Ltd t/a Digital Practice. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. Usage includes browsing and/or reading the Website, downloading, watching, reading the Purchase Services or purchasing the Products.
(c) ITV Technology Pty Ltd t/a Digital Practice reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ITV Technology Pty Ltd t/a Digital Practice updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. About the Products
(a) The Products consist of digital content, including graphic design, fonts, images and shapes, and copy to be used with the digital images. The Products are licensed to you for use on your social media accounts or your website on an individual basis for your medical private practice only.
(b) Product orders will only be processed after the customer has completed the online payment.
(c) The Products may consist of templated graphic content and copy contained in a template setup with a third-party provider. Where Products are supplied through a third-party platform, you will receive the Products only by creating a basic account with the third-party provider.
(d)The modified versions of the digital content derived from the Product are subject to a user agreement between your organisation and a third-party provider, in particular when additional photos or images are added to the templates.
(e) The Products may consist of custom creative production work and may include the design, development of a website. The customer obtains Product ownership when all due balances are paid in full. Ownership of the Product (i.e a Website) may consist of
(i) ongoing hosting and maintenance of the product by Digital Practice in which case the Product is physically part of a software install on a server managed or controlled by Digital Practice or
(ii) a physical dump file in zip format, containing all relevant components of your website and ready to be reinstalled on a server that is not controlled by Digital Practice in case of a contract termination for hosting between the customer and Digital Practice.
(f) At all stages and unless hosting, maintenance, monitoring and back-ups are included in your Product, monthly fees for this service apply and will be invoiced as per our currently applicable monthly rates. In case of non-compliance with your automatic hosting agreement, Digital Practice may decide to stop the hosting operations and delivery a physical dump of your website files. You hereby waive Digital Practice of any responsibility for loss of business, reputation, interruptions in your communication with your audience, as well as costs applicable in the rebuild of your website from the supplied dump file (zip file). You acknowledge that a website is a live piece of software and that website ownership is linked to a series of responsibilities in regards to the domain, the physical hosting of the files and an arrangement with a provider.
(g) If your domain is linked to the Product, and is contained in an account that you control, then you remain the owner of the domain. Your arrangement with the provider is your responsibility. Payment of due bills, service interruptions or service agreements are between you and the provider. If your domain is part of your Product with Digital Practice, it remains your property as soon as Product ownership has been transferred to you as a customer. As long as you remain a Digital Practice customer, we manage your domain hosting and the renewal of your domain for you. You acknowledge that Digital Practice can not be held responsible in any way for interruptions in the provision of the service that leads to the web domain being available and operational.
(h) Digital Practice provides input and feedback processes, strategic meetings and communication opportunities with consultants on various platforms. These include – but are not limited to: email, Zoom video conferencing, Skype. Since 2020, Digital Practice has abandoned face-to-face meetings in view of the general acceptance of remote working and video conferencing.
3. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website, and also by purchasing one of our packages or downloading one of the free offers on the Website in the store.
(b) Digital Practice may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Digital Practice at our sole discretion.
(c) Digital Practice reserves the right to determine the form and means of providing notifications to our Customers and Users, provided that you may opt out of certain means of notification as described in this Agreement. Digital Practice is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
4. Personal information required to purchase the Products
(a) In order to purchase the Products, you may be required to provide personal information about yourself and about your registered private health practice (such as identification or contact details), including:
(i) Email address
(ii) First name
(iv) Practice specialty
(v) Practice address
(b) You warrant that any information you give to ITV Technology Pty Ltd t/a Digital Practice in the course of completing the registration and payment process will always be accurate, correct and up to date. You warrant that you are a licensed specialist doctor and that you are using the Service for your private medical practice only.
(c) Once you have completed the payment process, you will be a registered user of the Website (‘Customer’) and agree to be bound by the Terms. As a Customer you will be granted access to the Products that you have purchased. Instructions included in the Products will include a link to third-party websites and your use of these platforms is subject to the relevant items described in these Terms under 5. Third-Party Links and Digital Practice Apps.
(d) You may not purchase or the Products and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with ITV Technology Pty Ltd t/a Digital Practice; or
(ii) you are a person barred from receiving the Products under the laws of Australia or other countries including the country in which you are resident or from which you use the Website, the Purchase Services or the Products, or a person barred from access to the third-party Services and platforms that we use to deliver the Products, or representing a medical practice which has been barred from using the title of specialist doctor, or a person who is not directly linked to a specialist doctor in private practice.
5. Your obligations as a Customer
(a) As a Customer, you agree to comply with the following: You will use the Website, Purchase Services or Products only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines by and not limited to the local and national government in your jurisdiction, medical colleges that you are a member of or whose authority applies to your medical specialty in your jurisdiction, or professional organisations and other authorities in the relevant jurisdictions which regulate your work as a medical professional, specialist doctor or specialist clinic;
(iii) you have the sole responsibility for protecting the confidentiality of your download link, and of the password and/or email address provided to Digital Practice or to the third-party provider who hosts the Products. Use of your download link or password by any other person may result in the immediate cancellation of the agreement and your license to use the Products;
(iv) any use of your registration information or download link by any other person, or third parties is strictly prohibited. You agree to immediately notify ITV Technology Pty Ltd t/a Digital Practice of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) you will not use the Purchase Services, Products or Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website, re-selling the Products, using the Products for other purposes than those included in these Terms;
(vi) you acknowledge and agree that any automated use of the Website, the Products or its Purchase Services is prohibited, except for a social media planner software that schedules your Products on your social media accounts.
6. Third-Party Links and Digital Practice Apps
(a) The Service and Products may contain:
Links to third-party apps, online platforms or services to use in order to customize, download and prepare your Products for use on your website or social media platforms, links to third-party websites and services that are not owned or controlled by Digital Practice.
(b) Before using a third-party platform or service, please ensure you read and agree to the Terms and Conditions of the app. You expressly relieve Digital Practice from any and all liability arising from your use of any third-party app, website, service, or content. Additionally, your dealings with external services, websites or third-party apps, including payment and delivery of subscriptions and services, and any other terms (such as warranties) are solely between you and such provider.
(c) You agree that Digital Practice shall not be responsible for any loss or damage of any sort relating to your dealings with such providers.
7. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). Payments are non-refundable.
(c) Following payment of the Purchase Price being confirmed by ITV Technology Pty Ltd t/a Digital Practice, you will be issued with a receipt to confirm that the payment has been received and ITV Technology Pty Ltd t/a Digital Practice may record your purchase details for future use.
(d) ITV Technology Pty Ltd t/a Digital Practice may, at their sole discretion, provide a refund on the return of the Products within 2 days where the Product is unused.
8. No Warranty
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Digital Practice, its subsidiaries, and its licensors do not warrant that the content, including the images, copy and captions, is accurate, in line with medical and legal guidelines applicable in your jurisdiction, reliable or correct; that the Service will meet your requirements; that the Service will align with your brand guidelines; that the Service will produce results, outcomes or traffic; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service, and you will be solely responsible for compliance with any applicable regulations in regards to publishing the Products or a derived version thereof on your digital platforms, your website, or social media. You will be solely responsible for any complaints, sanctions, reprimands or reputation damage incurred by the use of the Products or a derived version thereof, in the public domain.
Digital Practice does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Digital Practice Service or any hyperlinked website or Service mentioned in the Services or Products, and Digital Practice will not be a party to or in any way monitor any transaction between you and third-party providers of products or Services.
(a) ITV Technology Pty Ltd t/a Digital Practice’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
(b) You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 2 from the date of purchase (the ‘Warranty Period’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to ITV Technology Pty Ltd t/a Digital Practice showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to ITV Technology Pty Ltd t/a Digital Practice at PO Box 27, North Beach, Western Australia, 6920 or by email at email@example.com.
(d) Where the Warranty Claim is accepted then ITV Technology Pty Ltd t/a Digital Practice will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent digital download link during the Warranty Period at no charge to you.
(e) The Warranty shall be the sole and exclusive warranty granted by ITV Technology Pty Ltd t/a Digital Practice and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
(g) The Warranty does not apply to subjective evaluation of the appearance of the supplied Products nor to situations of misuse, abnormal Service or handling, or situations where the Products have been altered or modified in design prior to using the Products.
9. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of ITV Technology Pty Ltd t/a Digital Practice are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by ITV Technology Pty Ltd t/a Digital Practice or its contributors.
(b) ITV Technology Pty Ltd t/a Digital Practice retains all rights, title and interest in and to the Website, the Products and all related content. Nothing you do on or in relation to the Website will transfer to you:
(c) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of ITV Technology Pty Ltd t/a Digital Practice; or
(d) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(e) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(f) The content included in the Products is to copyright protection in favour of ITV Technology Pty Ltd t/a Digital Practice (for the copy and the graphics produced as a unique combination of fonts, colour schemes and shapes, delivered as part of the Product). You obtain the license to use this Product on a maximum number of three social media platforms directly linked to your medical practice or clinic.
The images that you add to the Product as part your arrangement with any third-party provider are licensed under that arrangement and Digital Practice can not be held responsible for any copyright infringement as a result of your usage of these images.
With the permission of ITV Technology Pty Ltd t/a Digital Practice you may upload the Products or a derived version thereof to a third party platform. This permission only applies to the content obtained as a Product, and does not extend to any licensed images that you add to the Product, unless authorized by the Terms of the third-party provider you use to obtainthe images. The permission is limited to use of the Products that you have purchased for the practice that you have registered as a customer when purchasing the Product. You may only upload the Products to a maximum of three social media platforms onto the accounts of one singular health practice. You may not resell, distribute, share or transfer the Products to a third party other than through individual posts on social media platforms, linked to the account for your practice. This permission is void if you do not operate a medical health practice and are not a registered doctor.
10. Privacy and security
(b) Digital Practice cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(c ) Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Digital Practice’s servers, may be deleted, altered, moved or transferred at any time for any reason in Digital Practice’s sole discretion, with or without notice and with no liability of any kind. Digital Practice does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Digital Practice’s servers or on any third-party server you use as a result of using the Products.
11. General Disclaimer
(a) You acknowledge that ITV Technology Pty Ltd t/a Digital Practice does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) ITV Technology Pty Ltd t/a Digital Practice will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that the actual shape of the Product, as delivered through a third-party platform, may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(ii) ITV Technology Pty Ltd t/a Digital Practice will not be liable for any special,
indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, loss of income due to a breach of advertising or online marketing guidelines, loss or damage from consumer claims following the use of the Products, or damage to goodwill arising out of or in connection with the use of the Products or these Terms.
(including as a result of not being able to use the Products linked to the use of the third-party delivery platform or the late supply of the Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Products is at your own risk. Everything on the Website, the Purchase Services, and the Products of ITV Technology Pty Ltd t/a Digital Practice, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of ITV Technology Pty Ltd t/a Digital Practice make any express or implied representation or warranty about the Products referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, human error, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration of the Products or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of the Products (including third party material and advertisements on the Website and on the third-party websites referred to in the Products);
(iii) costs incurred as a result of you using the Website, the Products or any of the platforms and third-party providers mentioned in the Product;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
12. Limitation of Liability
(a) ITV Technology Pty Ltd t/a Digital Practice’s total liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of ITV Technology Pty Ltd t/a Digital Practice is the resupply of information or the Products to you.
(b) You expressly understand and agree that ITV Technology Pty Ltd t/a Digital Practice, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of license or affiliation, any loss of goodwill or business reputation and any other intangible loss.
(c) ITV Technology Pty Ltd t/a Digital Practice is not responsible or liable in any manner for any site content (including the Products, the Content and Third Party Content) posted on the Website or in connection with the Products or use of the third-party platforms mentioned in the Products, whether posted or caused by users of the website of ITV Technology Pty Ltd t/a Digital Practice, by third parties or by any of the Purchase Services offered by ITV Technology Pty Ltd t/a Digital Practice.
13. Access to the Products
Your access to the Products shall be provided through a download link upon confirmation of your payment through the payment gateway. Your access link will expire after 5 days and you acknowledge responsibility to make use of the access link and to follow the steps as per the instructions of the third-party platform providing access to your Products.
Subject to local applicable laws, ITV Technology Pty Ltd t/a Digital Practice reserves the right to discontinue or cancel your Customership to the Website or your license to use the Products at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Products without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ITV Technology Pty Ltd t/a Digital Practice’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and ITV Technology Pty Ltd t/a Digital Practice have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
(a) You agree to indemnify ITV Technology Pty Ltd t/a Digital Practice, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any use of the Products on any platform;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(i) Within 2 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 5 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Small Business Development Corporation, Government of Western Australia or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Perth, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 7 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
(a) The Products offered by ITV Technology Pty Ltd t/a Digital Practice are intended to be viewed by residents of any country yet are produced in Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
17. Governing Law
(a) The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Published on 1 February 2021
Perth, Western Australia