WEBSITE TERMS & CONDITIONS OF USE
TERMS & CONDITIONS
1. About the Website
1.1 Welcome to Setdaytime.com.au and Setdaytime.com (the 'Website'). The Website allows you to access and use the Setdaytime (the 'Services') and mobile applications (together, ‘the Network’).
The Website is operated by Setdaytime Pty Ltd, ACN/ABN 36658184975.
Access to and use of the Website, or any of its associated Products or Services, is provided by Setdaytime Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Network, 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 Network, or any of Services, immediately.
1.2 Setdaytime Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Setdaytime Pty Ltd 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. Acceptance of the Terms
2.1 You accept the Terms by remaining on the Network where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3. About the Service and Dealings with Service Providers via the Network
3.1 Setdaytime does not itself provide any services or sale merchandise but merely provides the platform which enables you to access services from a third party service providers.
3.2 As the information appearing on the Network is provided to Setdaytime by third parties, Setdaytime will have no liability in respect of any loss or damage arising from:
Service Provider information which appears on the Network, including the manner in which the information is displayed or information which may be:
out of date;
duplication of service provider names where two or more service providers have the same name.
3.3 Setdaytime will determine, at its discretion, the method by which it confirms to Users of its booking details has been recorded via the Network.
3.4 Such confirmation is the sole service Setdaytime provides to Users via the Network and, thereafter, all dealings and communication regarding appointments, bookings, events, merchandise therefrom will be between the User and Practitioner and Setdaytime is not responsible in any manner for any communication between the User and the Service Provider has no liability in respect of such dealings whatsoever.
3.5 Setdaytime is not an agent for any of the Service Provider listed on the Network and Setdaytime has no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the Service Provider.
3.6 Customer and Vendor accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
4. Acceptable use of the Service
Setdaytime, its related features, and website must only be used lawfully. Setdaytime Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
To engage in any act that would disrupt the access, availability, and security of Setdaytime and other Setdaytime Pty Ltd services, including but not limited to:
Tampering with, reverse-engineering, or hacking our servers.
Modifying, disabling, or compromising the performance Setdaytime or other Setdaytime Pty Ltd services.
Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Setdaytime Pty Ltd.
For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
To stalk, harass or threaten users and any member of the public.
To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Setdaytime Pty Ltd or any third party
To access or search any part of the Service, or any other Service owned by Setdaytime Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
To post, upload, share, or otherwise circulate content in violation of Setdaytime’s content policy.
5. Availability of the platform
5.1 While we take all reasonable steps to limit any interruptions to Your access to the Platform, You acknowledge and agree that:
(a) Your access to the Platform may be prevented by issues outside of Our control;
(b) We do not promise continuous or error-free access to the Platform, including as to any third party services facilitated by the Platform such as teleconsultations;
(c) the functionality of the Platform may change or be improved from time to time; and
(d) You are able to prepare for, or manage, unscheduled unavailability of the Platform by:
keeping Your mobile app up to date, which will store local copies of the data stored within the Platform;
printing hard copies of the information stored within the Platform; or
contacting Your Service Provider directly.
5.2 We work hard to keep the platform functioning, and we think we’re pretty good at this. But, as with all techy stuff, technical issues can happen. If you’re worried about this, you can handle unscheduled interruptions by keeping your app updated, or doing some old-fashioned things like printing relevant information or calling your service provider.
We take the security of the Platform and the privacy of Patient Users very seriously. You agree that:
You will not do anything to prejudice the security or privacy of Our systems or of the information on Our systems;
You are solely responsible for the security of Your login details for accessing the Platform; and You will notify Us immediately if You become aware of any unauthorised access to the Platform.
Keep your login details safe, and report any security issues or concerns to us. And (this is important), make sure you do the right thing in terms of keeping the platform secure.
6.5 We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards, however You accept that the internet is not a fully secure environment and We cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If You provide Us with information via the internet, You do so accepting this risk.
Like most ways of sending messages, the internet is not without risk. It’s important for you to be aware of this, and to understand that some risks (like hacking) can be outside of our control.
6.6 We may limit the amount of data that You can store in the Platform, and will advise You of such limitation. Data that is stored with Us will be stored according to accepted industry standards.
7. Data Use
8. Limitation of Liability
8.1 All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms that are not contained in these Terms, are excluded to the maximum extent permitted by law.
8.2 To the extent permitted by law, You acknowledge and agree that:
Your use of the Platform is at Your own risk;
You are solely responsible for Your use of the Platform and for the accuracy and suitability of any information or data that You upload to, or obtain from, the Platform, including any third party services facilitated by the Platform;
We make no representation or warranty that an appointment time is actually available or that a service provider will confirm a Booking request. It is Your responsibility to contact the service provider if the service provider experiences any issues with Your Booking request, Booking, Reminder or Recall made via the Platform, including any delay; Setdaytime Pty Ltd is not: a service provider and is not liable in any respect for your care or for advice provided to you by a service provider; and responsible for maintaining or storing any personal records on behalf of a service provider.
8.3 While Setdaytime Pty Ltd takes all reasonable care to include accurate and up-to-date information on the Network, the information provided should not be relied upon as being error free or accurate and Setdaytime Pty Ltd makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the Network, nor does it accept any responsibility arising in any way for errors or omissions.
8.4 As far as lawfully possible, Setdaytime Pty Ltd accepts no liability or responsibility for the actions or omissions of any users of the Network in relation to the content contained herein.
8.5 All information provided on the Network is general in nature and does not constitute particular or any other form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.
8.6 In no event will Setdaytime Pty Ltd be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Network, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.
8.7 Setdaytime Pty Ltd is not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any material accessed through the Network or external sites and will not be liable for any damage or loss whatsoever resulting from any users downloading or accessing any information or material through the Network.
8.8 Setdaytime Pty Ltd does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Network (including hypertext links to external sites if any) for any reason whatsoever.
8.9 Setdaytime Pty Ltd does not guarantee that files or programs executed and/or downloaded from the Network or provided via the Network are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and Setdaytime Pty Ltd is not liable for any such damage or interference which may be suffered in connection with use of the online services.
8.10 Setdaytime Pty Ltd does not guarantee the security of any information sent to the Network via the Internet and such information is sent at the transmitter's own risk.
8.11 Setdaytime Pty Ltd does not endorse the content of advertisements appearing on the Network and has no liability in respect thereof.
8.12 These Terms apply except to the extent of any inconsistency with any applicable law (including consumer protection laws such as the Australian Consumer Law), in which event such law will prevail to the extent of the inconsistency. If any provision of these Terms is void, illegal, invalid or unenforceable, the Terms will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify your rights including under consumer protection laws such as the Australian Consumer Law which cannot be excluded, restricted or modified.
9. Subscription to use the Service
In order to access the Services, you must first purchase a subscription through the
Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the
'Subscription Fee'). After purchasing a Subscription, you will be considered a member
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to
ensure that the Subscription you elect to purchase is suitable for your use.
Before, during or after you have purchased the Subscription, you will then be required to
register for an account through the Website before you can access the Services (the '
As part of the registration process, or as part of your continued use of the Services, you
may be required to provide personal information about yourself (such as identification or
contact details), including but not limited to Email address, contact details , Name,
Address, Business documents, Vendor Business details and Price details for services.
You warrant that any information you give to Set Day Time Pty Ltd in the course of
completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered user of the
Website and agree to be bound by the Terms ("User"). As a Member you will be granted
immediate access to the Services from the time you have completed the registration
process until the subscription period expires (the 'Subscription Period').
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Set Day Time Pty Ltd; or
you are a person barred from receiving the Services under the laws of Australia or
other countries including the country in which you are resident or from which you
use the Services
Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time. Payments made in the course of your use of Setdaytime may be made using third-party applications and services not owned, operated, or otherwise controlled by Set Day Time Pty Ltd. You acknowledge and agree that Set Day Time Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Setdaytime services. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee. You agree and acknowledge that Set Day Time Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.
11. Refund Policy
Set Day Time Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Set Day Time Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
12. Copyright and Intellectual Property
The Website, the Services and all of the related products of Set Day Time Pty Ltd 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Set Day Time Pty Ltd or its contributors. All trademarks, service marks and trade names are owned, registered and/or licensed by Set Day Time Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to: use the Website pursuant to the Terms; copy and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use. Set Day Time Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Set Day Time Pty Ltd. Set Day Time Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (iii) (e) (a) (i) (ii) (b) (i) (ii) (c) 11. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you. You may not, without the prior written permission of Set Day Time Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13. General Disclaimer
Nothing in the 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. Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Set Day Time Pty Ltd 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, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Set Day Time Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Set Day Time Pty Ltd) 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: failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); costs incurred as a result of you using the Website, the Services or any of the products of Set Day Time Pty Ltd; and the Services or operation in respect to links which are provided for your convenience
14. Limited of Liability
Set Day Time Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you. You expressly understand and agree that Set Day Time Pty Ltd, its affiliates, employees, agents, contributors 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 goodwill or business reputation and any other intangible loss
15. Termination of Contract
The Terms will continue to apply until terminated by either you or by Set Day Time Pty Ltd as set out below. If you want to terminate the Terms, you may do so by: not renewing the Subscription prior to the end of the Subscription Period; providing Set Day Time Pty Ltd with 7 days’ notice of your intention to terminate; and closing your accounts for all of the services which you use, where Set Day Time Pty Ltd has made this option available to you. Any notices pursuant to Clause 13.2 above should be sent, in writing, to Set Day Time Pty Ltd via the 'Contact Us' link on our homepage. Set Day Time Pty Ltd may at any time, terminate the Terms with you if: you do not renew the Subscription at the end of the Subscription Period; you have breached any provision of the Terms or intend to breach any provision; Set Day Time Pty Ltd is required to do so by law; the provision of the Services to you by Set Day Time Pty Ltd is, in the opinion of Set Day Time Pty Ltd, no longer commercially viable. Subject to local applicable laws, Set Day Time Pty Ltd reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Set Day Time Pty Ltd's name or reputation or violates the rights of those of another party.
You agree to indemnify Set Day Time Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 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 your content; any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.
17. 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). Notice: 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. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: Within 15 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; If for any reason whatsoever, 90 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 ACCC or his or her nominee; 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 pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; The mediation will be held in Melbourne, Australia. Confidential: . 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. Termination of Mediation: If 5 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.
18. Venue and jurisdiction
Venue and Jurisdiction The Services offered by Set Day Time Pty Ltd is intended to be viewed by residents of 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 Victoria. Governing Law The Terms are governed by the laws of Victoria. 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 Victoria, 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. Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having 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. Severance 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.