Definitions and interpretations

"You" and "Your", refers to You and the organisation that is using Receptioner website (www.receptionerapp.com) ("System", "Website"), its contents, products and services. "We", "Us", "Our" and "Receptioner" refer to Redium Limited (a company registered in New Zealand with NZBN registration no. 9429046707000). "Terms" refers to these Terms of Service together with any other relevant terms and conditions found in the Website. "Individual User(s)" refers to third party individual clients or customers or patients who book personal appointments with You through Us and who may or may not already be existing clients, customers or patients of Your organisation.

We may modify the Terms at any time without notice to You and unless stated to the contrary, all previous versions of the Terms shall be superseded by the most recent version. You are responsible for reviewing the most recent version of the Terms and being aware of any changes. Continued use of the System after a change in the Terms, or after implementation of any other new policy constitutes acceptance of such change or policy. You shall become bound by the most recent version of the Terms each time You visit the Website.

Registration & System Accounts

If you register for an account in the System, you agree to maintain the security and confidentiality of your password and access keys and maintain and promptly update any information you provide to Receptioner. You are responsible for all activities that occur through your Receptioner account, and for all charges incurred therefrom.

• You agree that all information provided to Us is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
• You assure that you are 18 years of age or older.
• You assure that you are a human, and not a computer service or automated "bot".
• You assure that you will use the System only for lawful purposes. You must not violate any laws in your jurisdiction, including but not limited to any copyright laws.
• Your assure that during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Receptioner or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Receptioner customer, employee, member, contractor or officer.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Receptioner.
• You understand that Receptioner uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Receptioner, we reserve the right to limit your bandwidth to the Service.

Use of the System

Subject to these Terms, Receptioner grants you a personal, revocable, non-exclusive and non-transferable license to use the System. You are responsible for configuring the System and ensuring it meets the needs of your business.

You will not, and will not permit anyone else to, without Receptioner's prior written permission:

• Use the System for purposes other than the System Services;
• "frame", "mirror" or otherwise incorporate any part of System on any website;
• Access, monitor, modify, copy or distribute any part of the System using any automated means or anymanual process;
• Violate the restrictions in any robot exclusion files on the System or circumvent other measures employed to prevent or limit access to the System;
• Remove any watermarks, labels or other legal or proprietary notices included in the System;
• Attempt to modify the System, including disguising or changing any indications of the ownership or source of the System;
• License, sublicense, resell, assign, distribute, or otherwise commercially exploit or make the System available to any third party, other than as expressly permitted by these Terms;
• Use the System in any manner that interferes with the integrity or performance of the System;
• Use the System as part of any service for sharing, lending, or on behalf of any other person or entity, except to the extent permitted herein;
• Attempt or assist others to circumvent, disable or defeat any of the security features or components that protect the System;
• Create adaptations, translations, or derivative works based on the System or decompile, disassemble, reverse engineer or otherwise exploit any part of the System;
• Use the System in a manner that violates third party intellectual property rights;
• Upload to or transmit through the System anything that is offensive, hateful, obscene, defamatory or violates any laws; or
• Use the System to send unsolicited electronic messages (and nothing in these Terms will be construed as Receptioner permitting or causing you to send electronic messages using the System).

Receptioner may deny to anyone use of the System at any time and for any reason. You will cease and desist from using the System immediately upon request by Receptioner.

Data Protection, Ownership & Confidentiality

Unless expressly stated herein, you retain all rights to data you enter in the System ("Your Data"). We will not modify, aggregate, rent, sell, share or disclose Your Data to third parties without your prior consent except as required by law, required to run the System(storing your data in third party services that provide hardware and software to the System) or as expressly set forth in these Terms or our privacy policy.
When processing Payments, we may disclose personal and transactional information to third party payment gateways or other associated services. We may access and retain Your Data and accounts to provide services to you or to manage its business. We may also archive Your Data for historical reporting.
Once Your Data has left the System, it is no longer covered by our privacy and security policies. When your account is closed, Your Data is removed from the System and is no longer accessible to you.
Storing credit card details in the system is strictly prohibited and is contrary to our obligations with respect to the Payment Card Industry Data Security Standard (PCI DSS). You agree not to store credit card information anywhere on the System except from provided mechanisms for storing these details as Payment Methods. Receptioner does not store any of your credit card details. We use PCI DSS compliant third party services for this purpose.

Payment terms

Unless otherwise stated You will be sent an invoice for the System and its Services usage at the end of Your Billing Cycle. The invoice will be attempted to pay automatically. If case of a payment failure, you will have 3 days to pay the invoice of the date of issue.
We reserve the right to restrict access to, suspend or delete Your account if We do not receive payment within 3 days of any invoice being issued.
Receptioner shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Service and Pricing Modification

Receptioner reserves the right to modify or remove parts the System at any time.
If we change the Fees, we may give you at least 30 days' notice, and we may apply such changes to your account at a later date. If you disagree with any such changes, do not use the System after the change becomes effective. Receptioner may also provide special pricing to certain users that is different than the publicly displayed Fees.

Account Cancellation and Suspension

You are responsible for properly cancelling your account. You are responsible for any Fees charged to your account until it is properly cancelled.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the System with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available in the System immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or block any further access to such files in the System. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

Limitation of Liability

In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site.
Further, we shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Receptioner and all of its officers, directors, affiliates, successors, assigns, contractors, employees and agents from and against any liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind brought in connection with or as a result of:

• your breach of these Terms or any documents referenced herein;
• your violation of any applicable law (including any law, regulation or order related to privacy or anti-spam) or the rights of a third party (including privacy or intellectual property rights);
• your use of the System (including any electronic messages sent, caused or permitted to be sent by you);
• your breach of or failure to honor any Reservation; or any misrepresentations made to a Customer by you.

Governing Law

These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.