Terms and Conditions
Effective Date: 26/05/2023
These Terms and Conditions ("Terms") govern your use of the Dr Bookmark website ("Website") located at drbookmark.com.au, and the Dr Bookmark software ("Service"). By accessing or using the Website or Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website or Service.
1. Acceptance of Terms
By using the Website or Service, you agree to comply with these Terms and any other legal notices or guidelines posted on the Website. Dr Bookmark ("we," "us," or "our") reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Website or Service following any changes constitutes acceptance of those changes.
2. Eligibility
By using our Service, you represent and warrant that:
- You are at least 18 years of age;
- You have the legal authority to enter into these Terms;
- All registration information you submit is accurate and up-to-date.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. User Accounts
To use the Service, you must create an account by providing your name, email address, password, and business name. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized access to or use of your account.
4. Permitted Use of the Service
Dr Bookmark provides a service that facilitates the connection between funeral directors and authorized medical referees to request medical cremation permits. You agree to use the Service only for its intended purpose and in compliance with all applicable laws and regulations.
You agree that you will not:
- Use the Service for any unlawful or fraudulent purposes;
- Submit false or misleading information;
- Attempt to reverse-engineer, decompile, or otherwise tamper with the Service;
- Interfere with or disrupt the integrity or performance of the Website or Service.
5. Client Data and Uploaded Content
As part of using the Service, you may be required to submit or upload information and documents, including client details, medical certificates, cremation risk advice, and other supporting documentation ("Content"). You retain ownership of the Content you submit.
By submitting Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process the Content solely for the purpose of providing the Service. You are responsible for ensuring that the Content you submit is accurate, lawful, and does not violate any third-party rights.
We reserve the right to remove or disable access to any Content that we deem to violate these Terms.
6. Data Security
We take reasonable steps to protect the confidentiality and security of the Content you submit to the Service. However, we cannot guarantee absolute security, and you agree to use the Service at your own risk.
7. Fees and Payments
Some features of the Service may be subject to fees. You agree to pay any applicable fees as described on the Website or within the Service. All fees are non-refundable unless otherwise specified.
We reserve the right to change our fee structure at any time by providing notice to you. Your continued use of the Service after a fee change constitutes your agreement to the new fees.
8. Termination
We may suspend or terminate your access to the Service at any time, without prior notice, if we believe you have violated these Terms or applicable laws, or if we determine it is necessary to protect the integrity of the Service.
You may terminate your account by providing written notice to us. Upon termination, your right to access and use the Service will immediately cease, and we may delete your account and any associated data.
9. Intellectual Property
All intellectual property rights in the Website, Service, and related materials (including but not limited to software, text, images, and trademarks) are owned by or licensed to Dr Bookmark. You are granted a limited, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.
You may not modify, copy, distribute, or create derivative works based on any materials from the Website or Service without our prior written consent.
10. Limitation of Liability
To the maximum extent permitted by law, Dr Bookmark and its affiliates, officers, employees, and agents will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or Service.
This includes, but is not limited to, any errors, inaccuracies, or delays in the Service, loss of data, or unauthorized access to your account.
11. Indemnification
You agree to indemnify and hold harmless Dr Bookmark and its affiliates, officers, employees, and agents from any claims, damages, liabilities, or expenses arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.
12. Third-Party Links and Services
The Website or Service may contain links to third-party websites or services that are not owned or controlled by Dr Bookmark. We are not responsible for the content or practices of third-party websites or services. Your use of such third-party websites or services is at your own risk.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Australia in connection with any legal proceedings arising out of these Terms.
14. Changes to the Terms
We may update these Terms from time to time. Any changes will be posted on the Website with an updated effective date. Your continued use of the Service after any changes are made constitutes your acceptance of the revised Terms.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Dr Bookmark | Email: support@drbookmark.com.au