Terms of Use
These Terms of Use (Terms) govern your access to and use of the Clinic Compliance website and tools. By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Who we are
Digital Thing Pty Ltd Trading as Clinic Compliance (ABN 56 600 497 194) (Clinic Compliance, we, us, our). Website: cliniccompliance.com.au.
2. Definitions
Services means our website, the free AHPRA/TGA audit, paid reports, monitoring and related support.
Customer, you, your means the person or organisation accessing or using the Services.
Report means any PDF or output we generate (including findings, screenshots, recommendations).
3. Who may use the Services
- You must be at least 18 and using the Services for business purposes.
- You represent that you have authority to submit a website for scanning (e.g., you own or manage it, or have the owner’s permission).
- You are responsible for your users’ activity and compliance with these Terms.
4. Nature of the Service (guidance only)
- The Services provide automated checks of **public web pages** for common AHPRA/TGA advertising risk patterns.
- Outputs are **guidance only and not legal advice**. You remain responsible for your own compliance obligations and decisions.
- We are **not affiliated with AHPRA or the TGA**. Regulatory positions can change and are applied to the facts of each case.
- Automated checks have limitations; some items require manual review. You should obtain independent legal advice where appropriate.
5. Accounts & security
- You must provide accurate information and keep credentials secure.
- Notify us promptly of any suspected unauthorised access to your account.
- We may suspend or terminate access for breach of these Terms or to protect the Services.
6. Acceptable use
- Do not attempt to access non‑public areas, interfere with the Service, or use it to violate law or third‑party rights.
- Do not submit URLs that require login or technical measures to bypass access controls.
- Do not upload or submit content that is unlawful, defamatory, or infringes intellectual property.
7. Your content & licence to us
- You retain ownership of your content (including URLs and branding).
- You grant us a non‑exclusive, worldwide, royalty‑free licence to host, copy, process and display submitted URLs and generated outputs solely to provide and improve the Services.
- You warrant that you have all rights required to grant this licence.
8. Plans, fees and renewals
- Free audit: no charge for the high‑level scorecard shown on screen and emailed to you.
- Paid Report: one‑off fee per report. Prices are shown before purchase and are in AUD unless stated otherwise.
- Monitor plan (optional): subscription billed in advance on a recurring basis (monthly or annually).
- Taxes: Fees are exclusive of taxes unless stated. You are responsible for applicable taxes.
- Refunds: Except as required by the Australian Consumer Law (ACL), fees are non‑refundable once a scan/report has been generated.
- Cancellation: You can cancel a subscription at any time, which stops future renewals; access continues until the end of the current term.
9. Deliverables & usage
- Reports are provided for your internal business use. You may share them with your advisers and website providers.
- You must not resell, publicly post or create a competing service using our outputs without our written consent.
10. Intellectual property
- We own all intellectual property in the Services, software, documentation, and templates.
- No rights are granted except as expressly set out in these Terms.
- We may use your name and logo to identify you as a customer unless you opt out by emailing us.
11. Privacy
Our handling of personal information is described in our Privacy Policy at [link]. By using the Services you consent to that handling.
12. Availability & changes
- We aim for high availability but do not guarantee uninterrupted operation.
- We may modify or discontinue features at any time; where changes are material we will try to give reasonable notice.
- Guidelines evolve; we may update checks and categories without notice.
13. Warranties & disclaimers
- To the maximum extent permitted by law, the Services are provided **as‑is** and we disclaim all warranties (express or implied) including accuracy, fitness for a particular purpose and non‑infringement.
- Nothing in these Terms excludes, restricts or modifies any consumer guarantees under the **Australian Consumer Law (ACL)** that cannot be excluded.
14. Liability
- To the extent permitted by law, we are not liable for any indirect, consequential, special or punitive loss, or loss of profits, revenue, goodwill or data.
- Our aggregate liability for all claims arising out of or relating to the Services is limited to the greater of **AUD $500** or the fees you paid to us for the Services in the **12 months** before the event giving rise to the liability.
- If your claim relates to non‑excludable consumer guarantees under the ACL, our liability is limited (where permitted) to re‑supply of the Services or the cost of re‑supply.
15. Indemnity
You indemnify us against losses, costs and liabilities arising from: (a) your breach of these Terms; (b) your use of the Services; (c) any content or URLs you submit; and (d) your breach of law or third‑party rights.
16. Third‑party services
The Services may integrate with third‑party tools (e.g., analytics, payments). We are not responsible for third‑party services or their terms and policies.
17. Suspension & termination
- You may stop using the Services at any time.
- We may suspend or terminate access immediately if you breach these Terms, we are required to by law, or we suspect fraud, abuse or security risk.
- On termination, your right to use the Services ends; sections that by their nature should survive (including §§7–10 and 13–20) will continue to apply.
18. Governing law & venue
These Terms are governed by the laws of **Victoria, Australia**. The parties submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.
19. Notices
Notices to us must be sent to: audit@cliniccompliance.com.au. We may provide notices to you via the Service, email or the address you provide.
20. General
- Entire agreement: These Terms form the entire agreement regarding the Services.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger or sale.
- Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
- No waiver: Failure to enforce a right is not a waiver.
21. Contact
Email: audit@cliniccompliance.com.au