Terms and Conditions
Last updated: 27 November 2024
1. Introduction
Overview:
These Terms and Conditions ("Terms") govern your use of Dragatron's healthcare-driven software-as-a-service platform (the "Service") also marketed as (Dragatron professional services). Dragatron's Service is a cloud-based solution designed for healthcare professionals, patients, and healthcare enterprises to manage health information, pharmacy services, and related healthcare workflows.
By accessing or using the Service, you agree to be bound by these Terms, which form a legally binding agreement between you and Dragatron (referred to as "Dragatron", "we", "us", or "our"). If you do not agree with any part of these Terms, you must not use the Service.
Acceptance:
You accept these Terms by creating an account, clicking "I Agree" (or a similar button) or otherwise using the Service. If you are using the Service on behalf of an organization (such as a hospital, clinic, or pharmacy group), you represent and warrant that you have the authority to bind that organization to these Terms.
Your Responsibility:
You are responsible for ensuring that all users under your account or within your organization comply with these Terms. You must ensure that any information you provide to us is accurate and that your use of the Service complies with all applicable laws and regulations.
2. Subscription and Payment Terms
Subscription Plans:
Access to the Dragatron Service is provided on a subscription basis. We offer subscription plans on a monthly or annual term. Unless otherwise agreed in writing, the standard subscription fees are AUD $249 per month or AUD $2,499 per year, plus GST (Goods and Services Tax) at the applicable rate.
Billing and Payment:
Subscription fees are charged in advance of each subscription period. By providing a payment method, you authorize Dragatron to charge the applicable subscription fees and any applicable taxes to that payment method on a recurring basis.
Automatic Renewal:
Subscriptions automatically renew at the end of each subscription term unless you cancel your subscription prior to the end of the current term.
Cancellation Policy:
You may cancel your subscription at any time. Cancellation will take effect at the end of your current paid-up term. No pro-rata refunds are provided for unused portions of an active subscription term, except where required by law.
3. Data Collection, Storage, and Compliance
Privacy Compliance:
We collect, store, and process personal and health information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Healthcare Data:
If you are a healthcare provider, you must ensure your use of the Service complies with all relevant healthcare laws and regulations, including the Healthcare Identifiers Act 2010 and applicable state/territory health records legislation.
Data Security:
We implement industry-standard security measures to protect data stored in the Service. However, no method of electronic storage or transmission is 100% secure.
4. AI Usage and Liability
AI-Assisted Features:
The Dragatron platform may include features powered by Artificial Intelligence to assist healthcare decision-making and operations. These AI-driven tools are designed to provide supportive information and suggestions to qualified users – not to make decisions on their behalf.
No Professional Advice:
Dragatron's AI features do not constitute medical or professional advice. Any information generated by the AI should not be solely relied upon for making medical or health decisions. Healthcare professionals remain fully responsible for all decisions and actions taken regarding patient care.
Limitations of AI:
You acknowledge that AI technologies have limitations and can sometimes produce incorrect, incomplete, or biased outputs. Dragatron does not guarantee the correctness, reliability, or suitability of any specific AI-generated result.
5. Liability Limitations
To the maximum extent permitted by applicable law, Dragatron shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of your use of the Service.
We do not exclude or limit our liability for any liability that cannot be excluded by law, such as certain statutory warranties under the Australian Consumer Law.
The total aggregate liability of Dragatron to you for all claims is limited to the amount you paid to us for the Service in the 12 months immediately preceding the event giving rise to the claim.
6. Termination
You may terminate this Agreement at any time by cancelling your subscription. Dragatron reserves the right to suspend or terminate your access for material breach of these Terms or violation of applicable law.
Upon termination, we will provide a window of time (30 days) for you to request export of your data. After this period, data may be deleted in accordance with our retention policies.
7. Governing Law
These Terms are governed by the laws of the State of New South Wales, Australia, and the laws of the Commonwealth of Australia. The parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.
Dragatron is designed to comply with relevant Australian regulations including TGA compliance for any medical device functionality, healthcare regulations, and privacy laws.
For questions about these Terms, contact our legal team at legal@dragatron.com.au or call 0406 213 088.