Patient Terms of Use
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
Rebookr Pty Ltd ACN 693 645 064 (Rebookr, we, us, our) provides appointment facilitation services on behalf of your healthcare clinic (Clinic) via SMS messaging (SMS Services). The SMS Services include automated patient re-engagement and appointment booking messages (collectively, the Services). Rebookr does not provide healthcare services or medical advice. Your Clinic remains solely responsible for the accuracy and completeness of all patient data and appointment information provided to Rebookr for the purpose of carrying out SMS Services.
Rebookr uses artificial intelligence and automated systems to identify patients who may benefit from rebooking and to generate personalised messages on behalf of your Clinic. These communications are administrative in nature and do not constitute medical advice or clinical recommendations. Your Clinic remains responsible for all healthcare services, appointment availability, scheduling decisions, treatment recommendations and patient care.
3. Acceptance of these Terms
These Terms of Use are available on our website at rebookr.com.au. Your Clinic has introduced you to the Rebookr SMS Services as part of its software tools used to manage its operations. By engaging with, replying to, or otherwise interacting with any SMS communications sent by or on behalf of Rebookr, you (Patient, you, your) agree to be bound by these Terms. If you do not agree to these Terms, you should not respond to the SMS Services. You must be at least 18 years of age to use or interact with the SMS Services.
4. Opting out
You may opt out of the SMS Services at any time by replying “STOP” to any SMS sent by Rebookr. Upon opting out, Rebookr will cease sending SMS communications to you. Standard message and data rates may apply depending on your mobile carrier.
For the avoidance of doubt, opting out of Rebookr communications applies only to SMS communications sent through the Rebookr platform. Any communications sent to you directly by your Clinic, including but not limited to appointment reminders, appointment confirmations and appointment updates, are not affected.
5. Acceptance and incorporation of privacy policy
(a) Our privacy policy
Your Clinic may share personal information with Rebookr to carry out SMS Services. 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 at rebookr.com.au.
(b) Please keep your contact details up to date
You agree to provide accurate and up to date information when booking or confirming appointments via the SMS Services, and to comply with the relevant Clinic’s cancellation and attendance policies. You are responsible for ensuring that the mobile phone number associated with the SMS Services is correct and current. If your mobile phone number changes, you should notify your Clinic promptly so that the SMS Services can be directed to the correct number.
6. AI and automated communications
By accepting these Terms, you acknowledge that the SMS Services utilise artificial intelligence and automated systems to generate and respond to SMS communications. You agree that automated communications may contain errors, omissions or misunderstandings and that you will not rely on any AI-generated communications as a substitute for direct contact with your Clinic. To the maximum extent permitted by law, Rebookr excludes all liability arising from or in connection with any inaccuracy, error or omission in the delivery of SMS Services. You should contact your Clinic directly regarding any clinical concerns, appointment issues or matters requiring personal assistance.
7. Appointment availability
Rebookr does not guarantee, nor is responsible for the availability, timing, confirmation of appointments, cancellation of appointments, rescheduling, practitioner availability, Clinic operating hours, changes to Clinic fees or policies, or any other changes made by the Clinic before or after an appointment request has been submitted through Rebookr’s SMS Services. The SMS Services facilitate communication between you and your Clinic, but do not create, confirm or guarantee any appointment unless expressly confirmed by the Clinic.
8. 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 1988 (Cth), we will notify you without undue delay and comply with the applicable notification requirements.
You acknowledge that electronic communications, including SMS, involve inherent risks including the possibility of non-delivery, delay, interception or alteration by third parties.
9. 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.
10. Miscellaneous provisions
(a) Unexpected events
We are not liable if we cannot provide the SMS Services due to anything beyond our reasonable control, including but not limited to telecommunications network failures, carrier outages, natural disasters or government restrictions.
(b) 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.
(c) 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 these Terms of Use.
(d) 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.
(e) Applicable law
These Terms of Use are governed by the laws of Victoria, Australia.
(f) 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.
(g) Execution and acceptance
These Terms of Use are accepted by the Patient by interacting with, replying to or otherwise engaging with the SMS Services as described in clause 3. This agreement may also be accepted 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 acceptance 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 of Use.