NAVA Technologies Inc., hereby referred to as NAVA, “we”, “our”, or “us” is the owner and
operator of the Application known as
NAVA, hereby referred to as ‘Application’, and
provides access to End Users on the terms and conditions contained in this End User Licence
Agreement (EULA).
Prior to registering for services offered by NAVA, through the Application, End Users are
advised to read, carefully, the terms and conditions outlined in this agreement.
By registering for services offered by NAVA, through the Application, End Users automatically
signal their acceptance of the terms and conditions outlined in this agreement.
Agreement refers to this End User Licence Agreement.
Application refers to the web applications commercialized by NAVA, including web
applications commercialized directly by Health Care Providers under their brand available at
various subdomains under the domain drlynk.com and the native applications commercialized
by NAVA, including application branded by Health Care Providers specifically designed for
Android Tablets, and for android and iOS smartphone devices.
Content refers to text, data, speech, or other sounds, visual images (animated or otherwise)
in any form, or in any combination of forms including the availability of booking times.
Device refers to a smartphone, tablet, or computer on which the Application can be accessed
by End Users.
Documentation refers to user manuals, guides, explanatory notes, or memoranda that may
or may not be supplied with the Application provided to Health Care Providers as updated
from time to time.
End User refers to either the Patient who books an appointment with a Health Care Provider
using the Application, or the Health Care Provider who operates the Application on a
computer with the intention of using it in accordance with NAVA’s Intended Purpose.
EULA refers End User Licence Agreement
Health Care Provider refers to a medical practice or organization in its entirety, or any
physician, nurse, or health care administrator who owns or works for a medical practice or
organisation.
Intellectual Property (IP) refers to all industrial and intellectual property rights including,
without limitation, patents, copyrights, right to extract information from databases, design
rights, trade secrets, rights of confidence, and all forms of protection of a similar nature.
Intended Purpose refers to the purpose of making or accepting bookings for medical
appointments via smart Devices, which access appointment times of health care
professionals.
Patient refers to a person seeking to utilise the Application or Website for the purpose of
booking an appointment, or the individual representing the Patient, such as a parent, guardian
or carer.
Party refers to a party that has agreed to be bound by the terms and conditions contained in
this End User Licence Agreement.
Renewal Date means the date NAVA and the participating clinic agree on to renew the terms
and conditions contained in this Agreement.
Sensitive Information refers to the health information about an individual.
Third Party refers to any individual or organization aside from NAVA Technologies Inc. and
its customers.
Use refers to the treatment, handling and management of personal information by NAVA
Technologies Inc.
2. Terms and conditions specific to Patients
The terms and conditions contained in this clause apply to Patients who utilise the Application
for its Intended Purpose.
the Application is to be used to transmit Content about Patients to Health Care
Providers and as well as about Health Care Providers to us to the extent necessary to
book an appropriately timed appointment with the Health Care Provider;
each Patient must maintain a current subscription to use the Application
the Content which is uploaded to the Application is confidential between the Parties to
the extent that it must not be disclosed to any Third Party without consent.
Health Care Providers agree that each Health Care Provider must maintain a current
subscription to use the Application.
2.2 Right to retain information transmitted
Patients who make a booking with a Health Care Provider, via the Application, grant
the respective Health Care Provider an irrevocable, perpetual licence to use the
Content pursuant to the terms and conditions contained herein;
We take steps to limit the collection of sensitive information, and we recommend that
Health Care Providers not use our Application for collecting such information.
However, we do have policies and procedure to ensure that the limited information we
collect is properly protected using our security safeguards. Please refer to our privacy
policy.
A confirmed appointment must be cancelled within the cancellation interval set by the health
care provider. Patients who have confirmed their appointments and not shown up for the
appointment are considered no-shows. The no-show penalty per appointment missed varies
from one health care provider to the other. Please check with your health care provider for
their individual cancellation policies and no-show penalties. If the payment for no-show is not
made, you will not be permitted to make another appointment using our service. We do this to
encourage patients not to cancel appointments without informing the Health Care Provider.
We will take sufficient measures to keep you informed by sending you periodic notifications of
future appointments through the Application. In addition, the appointment is only confirmed
through your consent.
Refer to our privacy policy detailing the collection, use, disclosure, retention and
dissemination or the information that we collect.
2.5 Specific prohibitions on use
Health Care Providers agree that they will not:
use the Application for any purpose or in any manner other than the terms set out
in this Agreement and our privacy policy;
use the Application in any way that could damage our reputation or the goodwill or
other rights that we enjoy;
permit any Third Party to obtain access to the Application;
de-compile, disassemble, decrypt, or otherwise reverse engineer the Application or
permit any Third Party to do so;
allow unauthorized access or use of our Application.
3. Use of Account and Termination
3.1 Member Account and Password
End Users agree to keep any passwords that we provide, confidential. End Users are
expressly prohibited from sharing their username and password with Third Parties and must
take all reasonable steps to keep their passwords secure.
3.2 Termination of End User’s Account
We reserve the right to limit, cancel, suspend, or terminate an End User’s Account
by providing fourteen (14) days’ notice to the End User, and without providing a
reason if we believe that the End User is in breach of any of the material terms of
this Agreement;
End Users agree not to hold us liable for claims, demands or damages (including
actual and consequential) of any kind for the closing and End User’s account for
breach of these terms and conditions.
3.3 Ownership of Intellectual Property
We retain all right, title and interest in and to all Intellectual Property in the
Application
End Users acknowledge that they do not acquire any rights to Intellectual
Property, either express or implied, in the Application and the Documentation
beyond the terms contained in this End User Licence Agreement
3.4 Changes to End User License Agreement
We may notify End Users of changes to the End User License Agreement upon reasonable
notice. Any modification to this agreement shall be deemed to be accepted by End Users by
virtue of their continued use.
4. Limitation of liability and disclaimer
To the fullest extent permissible by law, the Application is provided to the End
User without any representations or warranties. End Users agree to use them at
their sole risk;
Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or
any guarantee, warranty or other term or condition, implied or imposed by
legislation, which cannot be lawfully excluded or limited;
Subject to our obligations to the fullest extent permissible by law, we expressly
disclaim all warranties of any kind with respect to the Application.
4.2 Limitation of liability
Subject to our compliance with the non-excludable provisions and to the fullest extent
permissible by law, we are not liable for anything the End User does to a Third Party as a
result of using the Application:
for any inability to use any Third Party equipment or access to data;
for loss or corruption of data regardless of whether the loss is direct or indirectly
caused by use of the Application;
for any indirect, incidental, punitive, special, or consequential loss or damage
whatsoever, in each case, arising out of the use or inability to use the Application
or Documentation, even if we have been advised of the possibility of such
damages or if such damages are foreseeable;
To the fullest extent permitted by law, our liability for a breach of a condition is
limited to:
End Users agree to indemnify, defend, and hold us harmless with regard to all actions,
claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including
legal fees on a full indemnity basis), connected to any of the following:
Any breach of this Agreement;
End Users’ negligent acts or omissions;
Use of the Application, including any Third Party claims made in connection with, or
arising out of, End Users’ use of the Application and the Content provided by other
End Users.
We can terminate this Agreement without notice if:
5.2 Termination by Health Care Provider
The Health Care Provider is deemed to terminate this Agreement if they fail to keep their
subscription current.
5.3 Termination by Patient
The Patient is deemed to terminate this Agreement if they delete the Application or click on
the unsubscribe link in his/her email.
6. Miscellaneous provisions
We may assign this Agreement by notifying the End User of the Assignment. The Health
Care Provider cannot assign the terms and conditions contained in this Agreement without
our express consent.
This Agreement contains the entire agreement between the Parties in connection with its
subject matter and supersedes all previous agreements or understandings between the
Parties.