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End User License Agreement

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.
1.1 Defined terms
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.
Website refers to the Application, operated under licence from NAVA, located at the URL www.drlynk.com, for which the End User obtains a right to use.
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.
2.1 Grant of Licence
Patients agree that:
(a)
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;
(b)
each Patient must maintain a current subscription to use the Application
(c)
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
(a)
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;
(b)
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.
2.3 Cancellation 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.
2.4 Privacy policy
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:
(a)
use the Application for any purpose or in any manner other than the terms set out in this Agreement and our privacy policy;
(b)
use the Application in any way that could damage our reputation or the goodwill or other rights that we enjoy;
(c)
permit any Third Party to obtain access to the Application;
(d)
de-compile, disassemble, decrypt, or otherwise reverse engineer the Application or permit any Third Party to do so;
(e)
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
(a)
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;
(b)
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
(a)
We retain all right, title and interest in and to all Intellectual Property in the Application
(b)
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
4.1 Disclaimer
(a)
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;
(b)
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;
(c)
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:
(a)
for any inability to use any Third Party equipment or access to data;
(b)
for loss or corruption of data regardless of whether the loss is direct or indirectly caused by use of the Application;
(c)
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;
(d)
To the fullest extent permitted by law, our liability for a breach of a condition is limited to:
  • the provision of services;
  • the supplying of the services again; and
  • the payment of the cost of an equivalent Subscription.
4.3 Indemnity
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:
(a)
Any breach of this Agreement;
(b)
End Users’ negligent acts or omissions;
(c)
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.
5. Termination
5.1 Termination by NAVA
We can terminate this Agreement without notice if:
  • the End User commits a breach of any of the material terms and conditions of this Agreement;
  • the Health Care Provider’s subscription expires and a request for payment is not met after forty five (45) days of making such request
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
6.1 Assignment
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.
6.2 Entire Agreement
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.