Terms Of Use

Welcome to smartAPPOiNT^TM on www.practicesolutions.com.au
You have accessed smartAPPOiNT^TM by clicking on links provided through your service provider's website or alternatively you have directly accessed smartAPPOiNT^TM. The following terms of use to your use of smartAPPOiNT^TM's online appointment service ("Service") and related Internet website ("Site") only. Please read them carefully.

This site provides you with ability to make on-line, real-time appointments on the Site with the service providers you have chosen. smartAPPOiNT^TM may also make available information relating to such participating businesses such as schedules and business hours, fees and pricing and other material and content (collectively, the "Content") on the Site as part of the Service.

This Service is made available only to individuals who are at least 18 years old. By clicking the "Accept" button at the end of this member agreement (the "Agreement"), you are agreeing to such terms and conditions and representing that you are over 18 years old. If you do not agree or are not over 18 years of age, you must select the "Decline" button and cannot use the Service.

Appointments Policy

In order for smartAPPOiNT^TM to continue to offer a wide selection and variety of participating businesses and as a matter of courtesy, smartAPPOiNT^TM requires:

that you provide at least thirty (30) minutes of advance notice prior to the appointments time on the day of the appointments to the affected business should you need to cancel or change appointments. Such notice may be given on-line via the Service or directly to the participating business using the telephone. Repeated failure to do so may result in suspension or termination of your right to use the Service.
In addition, failure to show up for appointments made using the Service three (3) or more times will result in suspension or termination of your right to use the Service. Although the availability of each particular appointments time is determined at the time of request, please be aware that certain appointment times may be limited or unavailable at the request of the participating business.
Because we are providing a channel to which service providers can market and have access to customers on line, service providers have the responsibility (and not smartAPPOiNT^TM) to manage your appointments.

Member Accounts and Responsibilities

A member account is required to use the Service. To open a member account, you must complete the registration process by providing smartAPPOiNT^TM with current, complete and accurate information as prompted by the registration form. Should smartAPPOiNT^TM determine or suspect that such information is untrue, inaccurate, not current or incomplete, smartAPPOiNT^TM reserves the right to suspend or terminate any member account or use of the Service at any time without notice. Only one member account per individual is permitted. Member accounts cannot be used by more than one individual or otherwise "shared". When creating your member account, you will choose a personal, non-transferable password. You alone are responsible for any and all activities that occur under your account and must ensure that you exit or log-off from your account at the end of each session of use. You agree to notify smartAPPOiNT^TM immediately of any unauthorized use of your password or member account. smartAPPOiNT^TM shall not be responsible for any appointments made as a result of unauthorized access to your member account or alteration of any member account information. You agree to update promptly the information for your member account within one (1) day of any change.

Use of the Service

Subject to the terms and conditions of this Agreement, smartAPPOiNT^TM grants to you a limited, personal, non-exclusive, non-transferable right to:

a) use the Service on the Site solely to make appointments for your personal, non-commercial use, and
b) display the Content made available as part of the Service solely for your own personal, non-commercial use. All other uses are prohibited. smartAPPOiNT^TM retains all rights not expressly granted by smartAPPOiNT^TM to you.

Restrictions

Unauthorized use of the Service, including without limitation any commercial use on behalf of third parties, or the resale of the Services, is expressly prohibited. By way of example and without limitation, you shall not post, transmit, use, reproduce, copy, modify, distribute, sublicense, or create derivative works of the Content or the Site. Other than creating your own personal bookmark, you also shall not create an Internet "link" to the Service or Site or "frame" or "mirror" the Service or any Content contained on, or accessible from, the Site, without advanced written permission from smartAPPOiNT^TM.

Access to SmartAppoint.com via Service Provider's websites

smartAPPOiNT^TM provides a service to Service Providers. smartAPPOiNT^TM can be accessed via links within the websites of Service Providers. In no event shall smartAPPOiNT^TM be responsible for any content, services, products, or other materials on or available from such Provider Sites.

Member Conduct

You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service and Site.
In addition, you agree not to use the Service or Site to:

harvest, collect, gather or assemble information or data regarding other members;
make false or unauthorized appointments, or otherwise attempt to mislead the participating business by means of the Service;
interfere with or disrupt computers, servers or networks connected to the Service or Site or violate the regulations, policies or procedures of the Site or such computers, servers or networks;
attempt to gain unauthorized access to the Service, Site, other member accounts, computer servers, systems or networks connected to the Service or Site, whether through password mining or any other means; or
harass or interfere with another member's use and enjoyment of the Service or Site.

Account Information

smartAPPOiNT^TM shall own all appointments information and member account data and information that you submit to the Service ("Data"). You agree that smartAPPOiNT^TM may access your account, including its contents and Data to respond to service or technical issues. smartAPPOiNT^TM shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

Termination

smartAPPOiNT^TM may modify or discontinuous its service of your member account or access to the service and site with or without notice, without liability to you, any other user or any third party.

smartAPPOiNT^TM, in its sole discretion, may terminate your password, member account or access to the Service and Site and remove and discard any Data stored by smartAPPOiNT^TM if you fail to comply with the terms this Agreement. You may terminate your member account upon notice to smartAPPOiNT^TM. Upon termination of your account, your right to use the Service and Site shall immediately cease. smartAPPOiNT^TM shall have no obligation to maintain any Data stored in your member account or to forward any Data to you or any third party. If you are the holder of an existing member account, you cannot assist in enabling a terminated user access to the Service or Site using or via your account.

Proprietary Rights

You acknowledge that the Site, Service and Content are protected by copyrights, trademarks, patents or other proprietary rights and laws. Except for the licenses granted herein, you have no right, title or interest in or to the Service, Site or any Content.

smartAPPOiNT^TM retain all right, title and interest, including all intellectual property rights, in and to the Service, Site and Content. smartAPPOiNT^TM and/or other smartAPPOiNT^TM products and services referenced herein are either trademarks or registered trademarks of smartAPPOiNT^TM. The names of other companies and products mentioned herein may be the trademarks of their respective owners.

Indemnification

You agree to fully indemnify and shall hold smartAPPOiNT^TM, and its officers, directors, employees, agents and affiliates, harmless from and against all costs, damages, liabilities, and expenses, including legal fees and costs, arising out of or in connection with your use of the Service or breach of this Agreement.

Disclaimer of Warranties

To the extent permitted by applicable law, all representatives, warranties and other terms are excluded from this agreement other than as required by law. smartAPPOiNT^TM provides the Service and Site `As-Is' and without warranty of any type or kind. All warranties, whether express, implied or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights, are hereby disclaimed.

smartAPPOiNT^TM makes no representation, warranty, or guarantee as to the correctness, timeliness, availability, reliability, accuracy or completeness of any appointments made using the Service or Site or the quality and suitability of any business for which appointments times are available or product or service offered by such business.

smartAPPOiNT^TM does not represent or warranty that the Service or Site will be uninterrupted or error-free, that defects will be corrected, or that the Service or Site or the computer server that makes it available are free of viruses or other harmful components.

Limitation of Liability

In no event shall smartAPPOiNT^TM be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever including, without limitation, damages for loss of use, Data or profits, arising out of or in any way connected with the use or performance of the Service or Site, with the delay or inability to use the Service or Site, the provision of or failure to provide the Service, or for any content, Service or products obtained through the Service of Site, or otherwise arising out of or relating to the use of the Service of Site, Whether based on contract, tort, negligence, strict liability or otherwise, even if smartAPPOiNT^TM has been advised of the possibility of damages. If you are dissatisfied with any portion of the Service or Site, or with any of the terms of this Agreement, your sole and exclusive remedy is to discontinue using the Service and the Site.

Compliance with Laws

smartAPPOiNT^TM controls and operates the Service and Site from its location in the The Commonwealth of Australia, commonwealth jurisdiction of Australia and state jurisdiction of New South Wales. If you use the Service from outside Australia, you are solely responsible for compliance with all applicable laws, including without limitation, export and import laws and regulations.

smartAPPOiNT^TM makes no representation that the Service or Site is appropriate or available for use in other locations.

Notice

smartAPPOiNT^TM may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record provide to smartAPPOiNT^TM, or by written communication sent by mail to your address on record with smartAPPOiNT^TM. All notices shall be deemed given when sent by smartAPPOiNT^TM.

You may give notice to smartAPPOiNT^TM at any time by any of the following:
Electronic mail to service@SmartAppoint.com;
Letter sent by confirmed facsimile to smartAPPOiNT^TM at the
following fax number: (612) 9475 0186;
Letter delivered by nationally recognized overnight delivery
service or sent by postage prepaid mail to smartAPPOiNT^TM at
the following address:

smartAPPOiNT^TM
PO Box 3, Darlinghurst
NSW 2010
Attention: Customer Service.

Such notice shall be deemed given when received by smartAPPOiNT^TM.



		Welcome to smartAPPOiNT^TM on www.practicesolutions.com.au You have accessed smartAPPOiNT^TM by clicking on links provided through your service provider's website or alternatively you have directly accessed smartAPPOiNT^TM. The following terms of use to your use of smartAPPOiNT^TM's online appointment service ("Service") and related Internet website ("Site") only. Please read them carefully. This site provides you with ability to make on-line, real-time appointments on the Site with the service providers you have chosen. smartAPPOiNT^TM may also make available information relating to such participating businesses such as schedules and business hours, fees and pricing and other material and content (collectively, the "Content") on the Site as part of the Service. This Service is made available only to individuals who are at least 18 years old. By clicking the "Accept" button at the end of this member agreement (the "Agreement"), you are agreeing to such terms and conditions and representing that you are over 18 years old. If you do not agree or are not over 18 years of age, you must select the "Decline" button and cannot use the Service. Appointments Policy In order for smartAPPOiNT^TM to continue to offer a wide selection and variety of participating businesses and as a matter of courtesy, smartAPPOiNT^TM requires: that you provide at least thirty (30) minutes of advance notice prior to the appointments time on the day of the appointments to the affected business should you need to cancel or change appointments. Such notice may be given on-line via the Service or directly to the participating business using the telephone. Repeated failure to do so may result in suspension or termination of your right to use the Service. In addition, failure to show up for appointments made using the Service three (3) or more times will result in suspension or termination of your right to use the Service. Although the availability of each particular appointments time is determined at the time of request, please be aware that certain appointment times may be limited or unavailable at the request of the participating business. Because we are providing a channel to which service providers can market and have access to customers on line, service providers have the responsibility (and not smartAPPOiNT^TM) to manage your appointments. Member Accounts and Responsibilities A member account is required to use the Service. To open a member account, you must complete the registration process by providing smartAPPOiNT^TM with current, complete and accurate information as prompted by the registration form. Should smartAPPOiNT^TM determine or suspect that such information is untrue, inaccurate, not current or incomplete, smartAPPOiNT^TM reserves the right to suspend or terminate any member account or use of the Service at any time without notice. Only one member account per individual is permitted. Member accounts cannot be used by more than one individual or otherwise "shared". When creating your member account, you will choose a personal, non-transferable password. You alone are responsible for any and all activities that occur under your account and must ensure that you exit or log-off from your account at the end of each session of use. You agree to notify smartAPPOiNT^TM immediately of any unauthorized use of your password or member account. smartAPPOiNT^TM shall not be responsible for any appointments made as a result of unauthorized access to your member account or alteration of any member account information. You agree to update promptly the information for your member account within one (1) day of any change. Use of the Service Subject to the terms and conditions of this Agreement, smartAPPOiNT^TM grants to you a limited, personal, non-exclusive, non-transferable right to: a) use the Service on the Site solely to make appointments for your personal, non-commercial use, and b) display the Content made available as part of the Service solely for your own personal, non-commercial use. All other uses are prohibited. smartAPPOiNT^TM retains all rights not expressly granted by smartAPPOiNT^TM to you. Restrictions Unauthorized use of the Service, including without limitation any commercial use on behalf of third parties, or the resale of the Services, is expressly prohibited. By way of example and without limitation, you shall not post, transmit, use, reproduce, copy, modify, distribute, sublicense, or create derivative works of the Content or the Site. Other than creating your own personal bookmark, you also shall not create an Internet "link" to the Service or Site or "frame" or "mirror" the Service or any Content contained on, or accessible from, the Site, without advanced written permission from smartAPPOiNT^TM. Access to SmartAppoint.com via Service Provider's websites smartAPPOiNT^TM provides a service to Service Providers. smartAPPOiNT^TM can be accessed via links within the websites of Service Providers. In no event shall smartAPPOiNT^TM be responsible for any content, services, products, or other materials on or available from such Provider Sites. Member Conduct You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service and Site. In addition, you agree not to use the Service or Site to: harvest, collect, gather or assemble information or data regarding other members; make false or unauthorized appointments, or otherwise attempt to mislead the participating business by means of the Service; interfere with or disrupt computers, servers or networks connected to the Service or Site or violate the regulations, policies or procedures of the Site or such computers, servers or networks; attempt to gain unauthorized access to the Service, Site, other member accounts, computer servers, systems or networks connected to the Service or Site, whether through password mining or any other means; or harass or interfere with another member's use and enjoyment of the Service or Site. Account Information smartAPPOiNT^TM shall own all appointments information and member account data and information that you submit to the Service ("Data"). You agree that smartAPPOiNT^TM may access your account, including its contents and Data to respond to service or technical issues. smartAPPOiNT^TM shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. Termination smartAPPOiNT^TM may modify or discontinuous its service of your member account or access to the service and site with or without notice, without liability to you, any other user or any third party. smartAPPOiNT^TM, in its sole discretion, may terminate your password, member account or access to the Service and Site and remove and discard any Data stored by smartAPPOiNT^TM if you fail to comply with the terms this Agreement. You may terminate your member account upon notice to smartAPPOiNT^TM. Upon termination of your account, your right to use the Service and Site shall immediately cease. smartAPPOiNT^TM shall have no obligation to maintain any Data stored in your member account or to forward any Data to you or any third party. If you are the holder of an existing member account, you cannot assist in enabling a terminated user access to the Service or Site using or via your account. Proprietary Rights You acknowledge that the Site, Service and Content are protected by copyrights, trademarks, patents or other proprietary rights and laws. Except for the licenses granted herein, you have no right, title or interest in or to the Service, Site or any Content. smartAPPOiNT^TM retain all right, title and interest, including all intellectual property rights, in and to the Service, Site and Content. smartAPPOiNT^TM and/or other smartAPPOiNT^TM products and services referenced herein are either trademarks or registered trademarks of smartAPPOiNT^TM. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Indemnification You agree to fully indemnify and shall hold smartAPPOiNT^TM, and its officers, directors, employees, agents and affiliates, harmless from and against all costs, damages, liabilities, and expenses, including legal fees and costs, arising out of or in connection with your use of the Service or breach of this Agreement. Disclaimer of Warranties To the extent permitted by applicable law, all representatives, warranties and other terms are excluded from this agreement other than as required by law. smartAPPOiNT^TM provides the Service and Site `As-Is' and without warranty of any type or kind. All warranties, whether express, implied or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights, are hereby disclaimed. smartAPPOiNT^TM makes no representation, warranty, or guarantee as to the correctness, timeliness, availability, reliability, accuracy or completeness of any appointments made using the Service or Site or the quality and suitability of any business for which appointments times are available or product or service offered by such business. smartAPPOiNT^TM does not represent or warranty that the Service or Site will be uninterrupted or error-free, that defects will be corrected, or that the Service or Site or the computer server that makes it available are free of viruses or other harmful components. Limitation of Liability In no event shall smartAPPOiNT^TM be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever including, without limitation, damages for loss of use, Data or profits, arising out of or in any way connected with the use or performance of the Service or Site, with the delay or inability to use the Service or Site, the provision of or failure to provide the Service, or for any content, Service or products obtained through the Service of Site, or otherwise arising out of or relating to the use of the Service of Site, Whether based on contract, tort, negligence, strict liability or otherwise, even if smartAPPOiNT^TM has been advised of the possibility of damages. If you are dissatisfied with any portion of the Service or Site, or with any of the terms of this Agreement, your sole and exclusive remedy is to discontinue using the Service and the Site. Compliance with Laws smartAPPOiNT^TM controls and operates the Service and Site from its location in the The Commonwealth of Australia, commonwealth jurisdiction of Australia and state jurisdiction of New South Wales. If you use the Service from outside Australia, you are solely responsible for compliance with all applicable laws, including without limitation, export and import laws and regulations. smartAPPOiNT^TM makes no representation that the Service or Site is appropriate or available for use in other locations. Notice smartAPPOiNT^TM may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record provide to smartAPPOiNT^TM, or by written communication sent by mail to your address on record with smartAPPOiNT^TM. All notices shall be deemed given when sent by smartAPPOiNT^TM. You may give notice to smartAPPOiNT^TM at any time by any of the following: Electronic mail to service@SmartAppoint.com; Letter sent by confirmed facsimile to smartAPPOiNT^TM at the following fax number: (612) 9475 0186; Letter delivered by nationally recognized overnight delivery service or sent by postage prepaid mail to smartAPPOiNT^TM at the following address: smartAPPOiNT^TM PO Box 3, Darlinghurst NSW 2010 Attention: Customer Service. Such notice shall be deemed given when received by smartAPPOiNT^TM. back to top

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