Clinic Terms and Conditions
1. Plain terms
These Terms use plain language to ensure that words and concepts used are easily understood. We have included clause headings as a guide, but these do not form part of this agreement. Certain recurring words are defined in the details and elsewhere in this agreement and other forms of those words have equivalent meaning.
2. Services
From the day your account is activated, you are entitled to the provision of Rebookr Pty Ltd ACN 693 645 064 (Rebookr, we, us, our) services, including patient re-engagement and appointment booking, automated outreach, booking facilitation and reporting (collectively, the Services). Rebookr does not provide healthcare services or medical advice.
The Platform uses artificial intelligence and automated systems to identify patients who may benefit from re-engagement and to generate personalised appointment booking messages. The Clinic acknowledges that AI-generated outputs are administrative in nature and do not constitute clinical recommendations. The Clinic retains sole responsibility for the clinical appropriateness of patient communications sent through the Platform.
3. Acceptance and incorporation of privacy policy
(a) Our privacy policy
By accessing or using the Rebookr platform (Platform), the clinic or healthcare provider (Clinic, you, your) agrees that we will have access to personal information about you and your patients. We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy. The latest version of the Privacy Policy will be available on our website (rebookr.com.au).
(b) Please keep your contact details up to date
You promise to tell us promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to our provision of services to you. You also agree to promptly notify us if any patient’s phone number changes, to the extent you become aware of such change.
4. Data processing obligations
- The Clinic acknowledges that, for the purposes of the Privacy Act 1988 (Cth) (Privacy Act), the Clinic is the data controller of patient information and Rebookr acts as a data processor.
- Rebookr will process personal information only as necessary to provide the Services or as instructed by the Clinic in accordance with this agreement and applicable law.
- Rebookr will not use patient information for its own marketing purposes and does not sell personal information.
- The Clinic warrants that it has obtained all necessary patient consents required under the Privacy Act, the Spam Act 2003 (Cth) (Spam Act), and any other applicable laws, and that all data shared with Rebookr has been lawfully obtained.
- Each party remains responsible for compliance with its own obligations under the Privacy Act and any other applicable privacy or data protection laws.
5. Clinic compliance and indemnity
- The Clinic is responsible for ensuring that all patient communications conducted through the Platform comply with applicable laws, including the Privacy Act and the Spam Act.
- The Clinic agrees to indemnify Rebookr against any claims, losses, liabilities, damages and reasonable legal costs arising from the Clinic’s failure to obtain appropriate patient consent or otherwise comply with applicable laws when using the Platform.
6. Audit rights
Upon reasonable written request (not more than once per calendar year), the Clinic may request that Rebookr provide a summary report confirming its compliance with the data processing obligations set out in this agreement. Rebookr will respond to such requests within a reasonable period.
7. Service activation
By submitting an onboarding form, you are requesting access to Rebookr’s Services. Subject to Rebookr’s approval, your account will be activated no more than two (2) Business Days (being any day other than a Saturday, Sunday or public holiday in Victoria, Australia) after completing the onboarding form, unless otherwise notified by Rebookr.
8. Service eligibility
Rebookr reserves the right to immediately suspend or terminate its Services upon written notice to you, where in Rebookr’s sole and reasonable opinion, your practice configuration, patient communication preferences, patient consent settings, patient database characteristics, operational processes or other circumstances materially limit our ability to effectively deliver our Services.
9. Service suspension
If you fail to make any payment when due, we can suspend your subscription and refuse you access to the services until all outstanding amounts have been paid in addition to our other rights under these Terms. Fees and charges continue to accrue during the suspension.
10. Fees and automated charging
(a) Performance based fee
The Clinic agrees to pay the fees specified by Rebookr for the Services. A performance-based fee of $32.00 (including GST) is payable for each appointment that is booked and subsequently attended by the patient:
- directly through SMS communications facilitated by Rebookr; or
- by any other means, including but not limited to, by telephone, online booking, in person, or through clinic staff within twenty-four (24) hours of a Rebookr message being sent to the patient.
In the event that a patient’s Rebookr appointment is rescheduled to a different day or time, the fee applies only to the rescheduled appointment and is charged only upon the patient’s attendance.
If you engaged our Services prior to 1 June 2026, you will be charged a performance-based fee of $29.00 (including GST) per appointment generated by Rebookr until 31 December 2026. From 1 January 2027, a fee of $32.00 (including GST) will be payable by all Clinics for each appointment generated by Rebookr, unless otherwise mutually agreed in writing.
(b) Billing cadence
Our fees are accumulated during each billing period and invoiced fortnightly. Each invoice will include all fees incurred during the preceding billing period and will be provided alongside a reporting summary of appointments generated by Rebookr.
Upon issuing invoices to you, we will direct debit the invoiced amount from your nominated payment method on or about the first day of each month and the fifteenth day of each month, in accordance with clause 10 of these Terms and Conditions.
(c) Change of fees
We may increase your subscription fees or any other fees with effect any time after that. We will make a fair effort to tell you at least 30 days before by writing to you at the last address you gave us (which may be an email address). Where we have done so, you authorise us to increase any debits from your nominated account in line with this increase. We will not use this right to vary the terms of any special offer which applies to you.
11. Ending your Services
For the purposes of any requirements in this agreement to tell us in writing or give us written notice, we will accept notification by email or post.
You may terminate your subscription to our Services at any time by giving us at least 30 days prior written notice. Upon termination, you will remain liable for any fees accrued up to and including the effective date of termination.
We are entitled to deduct all fees and charges that you must pay under this agreement from any refund we give you. For the avoidance of doubt, the National Credit Code does not apply to this agreement.
12. When can we end your subscription?
In addition to our other rights under this agreement, we can terminate your subscription by written notice to you if you fail to act in accordance with any obligation under this agreement and if capable of remedy you do not remedy the failure within a reasonable time of us giving you written notice requiring you do so. If we cancel this agreement under this paragraph, you will be liable for any unpaid fees for the time you received our Services.
Upon termination of the Services, Rebookr will cease processing personal information and, at the Clinic’s written request, will delete or de-identify such information within a reasonable period, except to the extent Rebookr is required to retain such information by applicable law.
13. Paying by direct debit
(a) Authorisation to deduct fees
By nominating a credit or debit account, you are authorising us to deduct from that account, using a third-party provider whose role is to provide direct debit services (Direct Debit Provider), all fees and other charges for which you may be responsible under this agreement. Accordingly, it is essential that you keep your account details up to date.
(b) If your payment is late or rejected
You are responsible for making sure that there is enough money in your nominated account on the usual payment day or the next working day if that falls on a day when banks do not process payments.
In the event that payment fails, we may reattempt debiting the charge and may apply a $15.00 failed transaction fee per failed attempt. Any other bank fees charged to us because of a rejection when we attempt to collect payments from you may be charged directly to you by us (or by the Direct Debit Provider).
If a payment remains outstanding, you agree that, unless we are in breach of our obligations under these Terms, we (or the Direct Debit Provider) may continue to debit the nominated account for the total amount due without notice to you. If the amount owing is more than one periodic subscription fee, we will seek to contact you first.
(c) Direct debits
If you choose to pay fees by direct debit, then this will be through the Direct Debit Provider named in the details.
We will provide you with a copy of the terms and conditions that apply to the direct debit services. Those terms and conditions are entirely separate to this agreement, and you may have rights and obligations under those terms and conditions. As such, the Direct Debit Provider acting in its capacity as such has no liability to you in connection with your involvement in activities under this agreement.
14. Changes to your subscription
We may amend these Terms and Conditions from time to time by publishing updated versions on our website. We will provide at least 30 days’ written notice of any material changes. Continued use of the Platform after the effective date of any amendment constitutes acceptance of the amended Terms.
15. Security and data breaches
We will implement reasonable security measures to protect personal information. In the event of an Eligible Data Breach as defined in the Privacy Act, we will notify you without undue delay and comply with the applicable notification requirements.
16. Our liability to you
(a) Statutory guarantees
ACL: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:
- are rendered with due care and skill,
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and
- are supplied within a reasonable time (when no time is set).
(b) General exclusions
Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified.
Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:
- negligence; or
- breach of terms implied that services will be provided with reasonable care and skill,
at common law in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.
To the maximum extent permitted by law, Rebookr’s total aggregate liability arising out of or in connection with the Services is limited to the total fees paid by the Clinic to Rebookr in the twelve (12) months preceding the event giving rise to the claim.
17. Acceptable use
The Clinic must not misuse the Platform, interfere with its functionality, or use it in breach of any applicable law. The Clinic must not attempt to copy, reverse engineer, modify, or derive the source code of the Platform.
18. Miscellaneous provisions
(a) Subscriber instructions
You may give us instructions in connection with our Services by any electronic means we make available from time to time. We are entitled to treat any instruction received by such means as authentic and properly authorised by you and may act on it without further inquiry or verification. You indemnify us and hold us harmless against all costs, losses, liabilities, claims, demands and expenses that we may incur or suffer as a result of acting in good faith on any instruction that we reasonably believe was given or authorised by you, whether or not the instruction was in fact given or authorised by you.
(b) Patient opt-out
Your patients may opt-out of communications received from Rebookr in connection with your engagement of our Services. Rebookr will automatically cease future communications to these clients following receipt of an opt-out request.
(c) Unexpected events
We are not liable if you cannot use your subscription due to anything beyond our reasonable control. This includes, but is not limited to, third-party systems and integrations that our Services rely upon. Rebookr is not responsible for any service interruptions, data inaccuracies, delayed messaging or functionality limitations arising from third-party providers. If that failure or delay continues for more than 30 days, then either you or we can cancel this agreement with immediate effect by telling the other in writing.
(d) Our intellectual property
All intellectual property rights including our logo, trademarks, software, algorithms, workflows, system design or other intellectual property rights associated with our business remain our exclusive property at all times. During the term of your subscription, we grant you a limited, non-exclusive, non-transferable, revocable licence to use our Platform. This licence terminates automatically upon the expiry or termination of your subscription for any reason.
(e) Transferring this agreement
We can transfer the rights or benefit under this agreement or sub-contract our obligations under this agreement to a third party at any time without notice to you but in doing so we will make sure that the transferee agrees to honour the terms of your subscription.
(f) Severability and waiver
If a court finds that any part of any term of this agreement is or becomes illegal, void or unenforceable, that part is removed, and this does not invalidate the rest of this agreement. If we do not enforce our rights under this agreement at any time, it does not mean that we may not do so on future occasions.
(g) Applicable law
These Terms and Conditions are governed by the laws of Victoria, Australia.
(h) Dispute resolution
If any dispute arises out of or in connection with this agreement (Dispute), a party must not commence any proceedings unless that party has first complied with this clause. A party claiming that a Dispute has arisen must give written notice to the other party specifying the nature of the Dispute. Within 14 days of receipt of such notice, each party must use its best endeavours to resolve the Dispute by good-faith negotiation between the parties or their nominated representatives. If the Dispute is not resolved within 28 days of the notice being given (or such longer period as agreed between the parties in writing), either party may pursue any remedy available at law or in equity.
(i) Execution and acceptance
This agreement may be executed electronically (including by way of a digital or e-signature platform, or by ticking an acceptance checkbox) or by email acceptance. Where this agreement is accepted by email, the subscriber’s written confirmation of acceptance sent from the email address specified in the details above will constitute effective execution of this agreement. Where this agreement is accepted by ticking an acceptance checkbox, the act of ticking the checkbox constitutes the Clinic’s agreement to be bound by these Terms and Conditions.
(j) Platform availability
We will make all reasonable efforts to maintain availability of the Platform; however, the Clinic acknowledges that the Platform may experience interruptions, maintenance periods, integration failures or third-party service disruptions, which are outside of Rebookr’s control. Rebookr does not guarantee uninterrupted or error-free operation of the Platform.