The usage of the Kavanii software application (“Service”) and any associated services provided by ePractice Technologies Pty. Ltd. are governed by these Terms of Service.
Certain services may be subject to supplementary conditions available on the Kavanii website or provided to you upon registration for the service.
Kindly review our Privacy Policy for insights into how we handle your personal information.
Company Details:
ePractice Technologies Pty. Ltd.
Australia
ABN 44 604 779 259
support@kavanii.com.au
You acknowledge and consent to receiving communications from ePractice Technologies Pty. Ltd. regarding your account or the Service via email. Should you opt-in, we may also send you communications concerning Service upgrades or other products and services that might interest you. You may inform us at any time if you no longer wish to receive these emails.
Access to the Service requires registration as a user. It is imperative that you provide accurate, current, and complete information during registration. You are solely responsible for maintaining the security of your password. Any activity under your username is your sole responsibility and liability.
You are obligated to take reasonable measures to prevent unauthorized access or usage of the Service. Promptly notify ePractice Technologies Pty. Ltd. in case of any unauthorized access or usage.
You are solely accountable for your conduct and data usage concerning the Service. You affirm that you possess all necessary rights, licenses, authorizations, and consents required for Service usage, including with respect to your data. You agree to indemnify, defend, and hold harmless ePractice Technologies Pty. Ltd., its directors, officers, agents, and suppliers from any loss, cost, liability, or expense arising from your data or your use, or that of your employees, contractors, or agents, of the Service, or from any violation of these Terms of Service.
The Service, along with any accompanying software, is provided exclusively for your personal use or internal business purposes, and must adhere to all relevant laws, regulations, and privacy policies while refraining from infringing upon third-party rights.
The specific Service purchased may impose limits on user access. Additional users are strictly prohibited from using the Service. ePractice Technologies Pty. Ltd. reserves the right to conduct audits, at its expense and with reasonable notice, to ensure compliance with these Terms of Service and any other applicable terms. If an audit reveals unauthorized usage, ePractice Technologies Pty. Ltd. may require immediate payment of additional service fees.
Unauthorized use of the Service violates these Terms of Service and may contravene Commonwealth, State, or Territory laws, potentially resulting in civil and criminal penalties for you or your staff.
While ePractice Technologies Pty. Ltd. aims to maintain 24/7 availability of the Service, you acknowledge occasional unavailability due to planned or unplanned maintenance, as well as unforeseen outages. Unscheduled maintenance may occur if necessary.
Payment requires a valid credit card. Starting a free trial does not necessitate providing credit card information; it’s only required for continuing with a paid subscription.
Credit card security employs https (256-bit encryption) for all transactions. Credit card details are not stored within the Kavanii application but are securely managed by a trusted payment gateway.
All fees are exclusive of taxes; if your company is GST liable, you’re responsible for paying GST in addition to subscription fees.
Downgrading or canceling your account may result in loss of access, content, or features, for which ePractice Technologies Pty. Ltd. assumes no liability.
All monthly subscription fees must be paid in advance on a monthly basis.
Fees associated with the Service, including the monthly subscription plan fees, are subject to change with a notice period of 30 days from us. Such notice may be provided through updates on the Kavanii website (www.kavanii.com.au), within the Service, or via email.
Should you have inquiries regarding charges on your account, please reach out to us promptly. If there are charges made in error, appropriate credits will be applied to your account or credit card.
SMS reminders (an optional feature) are billed per SMS sent and are separate from the monthly subscription. You are responsible for maintaining sufficient credit for SMS reminders, and refunds will not be issued for unused credits upon account cancellation.
You are solely responsible for canceling your account, which can be done anytime through the customer portal. Cancellations via email or phone requests are not considered valid.
All content and data will be deleted 90 days after account cancellation or termination, and this information cannot be recovered. We recommend utilizing the export function prior to cancellation to retain any necessary data.
Failure to pay subscription fees will lead to account suspension, with a maximum suspension period of 90 days before potential termination by us. We disclaim responsibility for any loss resulting from such suspension or termination. Reactivation of a suspended account requires providing valid payment credentials and resuming the subscription.
Immediate termination of the Service occurs upon account cancellation before the end of the current paid month, with no entitlement to refunds.
ePractice Technologies Pty. Ltd. reserves the right, at its sole discretion, to suspend or terminate accounts and refuse current or future Service usage, without limitation, and at any time. Such actions may result in account deactivation or deletion. We also reserve the right to deny service to anyone, for any reason, at any time.
Certain legislation, including the Competition and Consumer Act 2010 (Cth), may grant consumer guarantees or implied rights, which cannot be excluded or modified except to a limited extent (“Statutory Rights”). These Terms of Service are subject to your Statutory Rights, and if applicable, our liability under those provisions is limited as per statutory regulations.
Acknowledging your Statutory Rights, you understand and agree that the Service is provided “as is,” with ePractice Technologies Pty. Ltd. and its suppliers expressly disclaiming all warranties or representations, whether express or implied. We do not guarantee uninterrupted or error-free use of the Service or specific results, security, or meeting your requirements.
Your use of the Service is at your own risk, and you bear sole responsibility for any resulting damages. Our liability, if any, for loss or damage to your data is limited to reasonable efforts to restore from the latest backup maintained by us. We are not liable for indirect, special, incidental, consequential, or punitive damages, including loss of use, profits, revenue, or data
We claim no intellectual property rights over the data or materials you provide to the Service. All rights to the Service, including intellectual property rights, are owned by ePractice Technologies Pty. Ltd. and protected by law. You agree not to copy, modify, or create derivative works from the Service.
You consent to ePractice Technologies Pty. Ltd. transferring your data to third-party IT providers outside of Australia.
You may not assign your rights regarding the Service to any other person.
ePractice Technologies Pty. Ltd. is not liable for delays or failures in Service performance due to events beyond our control.
If any provision of these Terms of Service is deemed invalid or unenforceable, it will be modified or severed to the extent necessary without affecting the validity of the remaining provisions.
We reserve the right to modify the Service or these Terms of Service at any time, with notice provided to you.
This Agreement is governed by the laws of NSW, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of Victoria.
Questions:
For inquiries regarding these Terms of Service, contact us at support@kavanii.com.au
