Last updated: January 1st, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.invoicedirect.co.nz website (the "Service") operated by Invoice Direct ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
If you disagree with any part of the terms, then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You will be solely responsible and liable for any activity that occurs under your account.
Invoice Direct may contain links to third-party web sites or services that are not owned or controlled by Invoice Direct.
Invoice Direct has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Invoice Direct shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
By signing up and using the system, you declare that you are a valid health specialist working in New Zealand.
You must be able to provide evidence of working as a health specialist upon request to gain access to the system. This can be in the form of a valid website, your name from your respective health service register, a professional name card or any other means to verify your identity.
We will attempt to verify your identity as quickly as possible to minimise disruption to the service. There may be times where there is insufficient evidence to verify your identity and we will ask for more information if this is the case.
If you provide inaccurate or false information regarding your identity or status as a health specialist, your right to use the Service will immediately cease and account will be locked out.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or email in to remove your account.
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
By using the service, you declare you have obtained permission from all relevant parties to store their data into the system as per the Privacy Act. What data you store is up to you and is your property hence what you choose to record, and how you word it is your responsibility. Invoice Direct will regularly back-up all data in the system and may store these separate from the system.
Although great care is taken to provide a reliable and seamless service, there are certain things about the service that cannot be promised. As such, the services are provided “As Is”, at your own risk, without express or implied warranty of any kind. Invoice Direct does not warrant that the Service will meet your requirements or that it will be suitable for your purposes. It is your sole responsibility to determine that the Service meets the needs of your business. Invoice Direct will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. Specifically, to the fullest extent permitted by law, Invoice Direct excludes all representations and warranties relating to our services, website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website; and excludes all liability for damages arising out of or in connection with your use of our services or website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Invoice Direct of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Invoice Direct does not guarantee the use of the Service will be uninterrupted or error free. While we will do our best to provide a consistent service we also recognise that there are various factors which can affect computer systems which can render it inaccessible. Among other things, the operation and availability of the systems used for accessing the Service, including computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service. Invoice Direct is not in any way responsible for any such interference or prevention of your access or use of the Service.
Invoice Direct will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance. Invoice Direct may perform unscheduled maintenance if it is unavoidable, but will do this outside of normal business hours where possible.
If you are a business using this Site, then you agree that the provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to your use of the Site or your reliance on the Site.
You indemnify Invoice Direct against all claims, costs, damage and loss arising from your breach of any of these terms. This may include any obligation including (but not limited to) any costs recovery relating to any Subscription Fees that have not been paid by you.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, volcanic eruption, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
We use Google Analytics to anonymously analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, URL requested, and referral URL. This information is used within our Invoice Direct only on a need-to-know basis. There is no personally identifiable information recorded with this data and we will never use it in any way different to that stated above without your explicit permission.
You acknowledge that Invoice Direct owns all right, title and interest on any aspects of the system, including without limitation all intellectual property rights, and such rights are protected by New Zealand and international intellectual property laws.
Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not (i) copy, reverse engineer the service, reproduce, alter, modify, or create derivative works from the Service, or use the Service to develop any Services, without Invoice Direct’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party.
Invoice Direct owns all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement, requests, feedback, recommendations or other information provided by you or any other party relating to the Service. As such, please be aware that we may use any feedback, comments, or suggestions you send us without any obligation to you.
Title to, and all Intellectual Property Rights in the Service, the Website and any documentation relating to the Service remain the property of Invoice Direct. Copyright in this website is owned or licensed by us. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark. You may not use any of our trade marks without our written approval.
The technology we use to provide the Services are protected by copyright, trademark, and other laws. These Terms do not grant you any rights to use the Invoice Direct trademarks, logos, domain names, or other brand features.
Any data you insert onto the system remain your property. Invoice Direct adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Invoice Direct expressly excludes liability for any loss of Data no matter how caused.
You consent to Invoice Direct transferring your data to third party IT providers, including our website host and back-up service provider as needed, outside of New Zealand.
To provide you with the highest level of support for Cliniko and Invoice Direct integration, you give permission for Invoice Direct to access certain information stored within Cliniko using the API key provided by you. This data includes but is not limited to practitioner, patient and appointment information.
This information will only be used when a request for support is initiated by you either verbally or through writing. If you do not consent to Invoice Direct accessing your data during support provided to you, please mention this when you request support. Accounts which do not give Invoice Direct this permission will only receive limited support pertaining to issues within Invoice Direct only.
Invoice Direct enables you to download special invoice files in an electronic format. These files are downloaded to your computer for you to manipulate in any way you wish. Download of this file means you accept that once the file has is placed on your computer, it is no longer under Invoice Directs control and the proper use of the files is your responsibility.
Creating an account through the service means you have permission in your organisation to create a contract with Invoice Direct. As such, you may not assign or transfer any rights to any other person other than the original account creator without our prior written consent.
If you are accessing the Service and the Website at the time you accept these terms, then New Zealand law governs these Terms and you submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with these Terms, without reference to any conflicts of laws.
If you have any questions about these Terms, please contact us at email@example.com
Invoice Direct does not share personal information of any kind with any entities. Invoice Direct will not sell or rent your personal information to any third party or provide external access to email lists or any data that is stored on our systems.
Any data that a user stores while using our services is wholly owned by that user or business. At any time, a user or business is free to notify us with sufficient evidence of ownership to remove their data from our facilities.
Invoice Direct collects personal information that is necessary for you to access and use our services.
This personal information includes, but is not limited to, your first and last name, email address, information stored within Cliniko such as practitioner and patient information and other personal information.
This data will be used to create claim information for your patients, submit electronic requests to Accident Compensation Corporation (ACC) only when initiated by you on the relevant pages.
Invoice Direct may release personal information if Invoice Direct is required to by law, search warrant, subpoena, court order or fraud investigation.
We may also use personal information in a manner that does not identify you specifically nor allow you to be contacted but does identify certain criteria about our Site's users in general (such as we may inform third parties about the number of unique visitors, and the pages most frequently browsed).
You can contact us at firstname.lastname@example.org
Last updated: March 15th, 2020