Terms and Conditions

1.1 "PractitionerPro", "we", "us" and "our" means James Burgin trading as Brandwithin (ABN 76 374 593 652). "You" and "your" means the practitioner or practice using our services, and anyone using them on your behalf.

1.2 Our agreement with you is made up of:

• your proposal or order, if you have one
• these Terms
• our Privacy Policy, at practitionerpro.com/privacy-policy
• the fees shown on our pricing page or in your proposal at the time you sign up

If these documents conflict, they apply in the order listed above.

1.3 By booking a service, creating an account, paying a fee or using our services, you agree to this agreement. If you are agreeing on behalf of a practice, you confirm you are authorised to do so.

1.4 We may update these Terms from time to time. We will email you at least 30 days before any change that affects you, and update the version and date at the top of this page. If a change is to your disadvantage, you may cancel your subscription before it takes effect, without any cancellation fee, and we will refund any fees you have prepaid for the period after the change. Any website build already underway continues under the Terms that applied when it started.

2.1 In these Terms:

• "AHPRA" means the Australian Health Practitioner Regulation Agency, and the advertising guidelines published by AHPRA and the National Boards from time to time.
• "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "Authorised User" means a team member, employee or contractor you allow to use your account.
• "Business Day" means 9am to 5pm, Monday to Friday, Sydney time, excluding New South Wales public holidays.
• "Customer Data" means any information you add to the Platform, including personal information about your patients, clients and contacts.
• "Fees" means the fees for our services, as shown on our pricing page or in your proposal.
• "Founding Member" means a practitioner who joins under our Founding Member offer, described in section 11.
• "Platform" means the PractitionerPro software platform, including its features, templates, automations and configurations.
• "Proprietary Content" means the templates, workflows, automations, forms, email and SMS sequences, page designs, website code, components and other materials we create and make available through our services, other than Your Content.
• "Proposal" means any written proposal, quote or order we give you for a service.
• "Website Services" means our Done With You and Done For You website services, described in section 10.
• "Your Content" means your branding, logos, photos, practice information and other material you give us, and the written copy we create specifically for your website once you have paid for it in full.

3.1 We offer:

• the Platform, a practice growth platform for booking, contact management, email and SMS communication, forms, opt-ins and similar tools
• Website Services, where we build your practice website with you or for you
• a free Practice Check-Up, a no-obligation conversation about your practice
• free online tools on our website, such as practice reviews and suggestion tools

3.2 The Practice Check-Up and our free online tools are offered without charge and without obligation. They are general information, not professional, legal or compliance advice.

4.1 The Platform and the websites we build run on licensed technology from third-party providers, including providers of platform infrastructure, website hosting, payment processing, email delivery, SMS and telephony, and AI services. We have built our own configurations, templates, automations and designs on that technology, but we do not own the underlying technology.

4.2 The availability and performance of some features depend on these providers. We choose our providers carefully and will work to restore normal service as quickly as we can if a provider has a problem, but we are not responsible for interruptions or changes caused by them.

4.3 Our providers require that their technology is used lawfully and responsibly. Those requirements are reflected in section 8. If a provider changes its requirements in a way that affects how you use the Platform, we will let you know.

4.4 If you take payments from your own clients through the Platform, you will need to accept the terms of our payment provider, Stripe, when you connect your account.

5.1 You will receive an invitation to create your account and set your own password. You are responsible for all activity in your account, including by your Authorised Users.

5.2 You may give access to people who work in your practice. Each person must use their own login. You must not share logins with anyone outside your practice, including practitioners at other practices.

5.3 You must keep your account details accurate and up to date.

5.4 Please tell us straight away at hq@practitionerpro.com if you think someone has accessed your account without permission.

6.1 We keep administrative access to your account as a condition of service. We use it only to:

• provide support, set-up and onboarding
• fix technical problems
• roll out updates and maintain the Platform
• monitor security and check that the Platform is being used in line with these Terms and the law
• do things you have asked us to do

6.2 Our team is bound by confidentiality. We only look at your patients' and clients' information where it is necessary for one of the purposes above.

6.3 You must not remove or block our administrative access. If access is blocked, we may pause your account until it is restored, after letting you know.

7.1 Our services are for natural health practitioners operating genuine practices, and their teams. You must not use them if you:

• work for, or are connected with, a business offering a competing platform or website service for practitioners
• are using them for market research, competitor analysis or to monitor our features, templates or operations
• sign up under false or misleading details, or intend to copy, reverse-engineer or extract our system

7.2 If we reasonably believe you are using our services in breach of this section, we may end your account in line with section 29, and we reserve our rights to protect our intellectual property.

8.1 You must not, and must make sure your Authorised Users do not:

• copy, reverse-engineer, resell, rent or share the Platform or any Proprietary Content
• send messages to people who have not consented to receive them, or otherwise breach the Spam Act 2003 (Cth) or telecommunications rules
• upload or send anything unlawful, misleading, defamatory, offensive or harmful, or any viruses or malicious code
• use our services in a way that breaches any law that applies to you, including privacy law and health advertising law
• try to get around usage limits, security measures or billing
• behave abusively towards our team or other practitioners

Important note on health advertising

If you are registered with AHPRA, or you advertise a regulated health service, your advertising must follow the AHPRA advertising guidelines. These prohibit testimonials about clinical care, before-and-after images of clinical results, claims to treat or cure conditions, and anything that creates an unreasonable expectation of benefit. If you advertise therapeutic goods, the TGA advertising rules also apply.

9.1 We design our templates, copy and workflows with AHPRA and TGA requirements in mind, and we write website copy for you with care. However, you are the advertiser and remain responsible for everything published or sent in your name, including on your website.

9.2 You must review and approve all content before it is published or sent. If you ask us to change website copy we have written to address a compliance concern, we will make reasonable changes before launch at no extra cost.

9.3 You are responsible for making sure your content and communications comply with all laws that apply to you, including:

• AHPRA advertising guidelines (where they apply to you)
• TGA advertising requirements for therapeutic goods
• the Australian Consumer Law, including the ban on misleading or deceptive conduct
• the Spam Act 2003 (Cth)
• the Privacy Act 1988 (Cth)
• any state or territory health laws
• for New Zealand practitioners: the Medicines Act 1981 and Advertising Standards Authority codes
• for United Kingdom practitioners: ASA and CAP codes
• for United States practitioners: FTC guidelines and state health advertising laws

9.4 We do not provide legal or regulatory advice. Our templates, copy and suggestions are not compliance advice. If you are unsure about your obligations, please seek independent advice.

9.5 We are not responsible for any complaint, fine or action taken against you by a regulator in connection with content you have approved or sent, except to the extent it was caused by our negligence or our failure to follow your written instructions.

10.1 Done With You means we build your website together with you, using your input and our guidance. Done For You means we write, design and build your website for you. Your proposal sets out what is included, such as the number of pages, revision rounds, Google Business Profile alignment and any other services.

10.2 Your part:

• provide the information, content, photos and access we ask for, in a reasonable time
• give feedback and approvals when requested
• review all copy before launch, as set out in section 9

10.3 We will agree an estimated timeline with you. Timelines are estimates, not guarantees. If we are waiting on your content, feedback or approvals, the timeline will move accordingly. If we have not heard from you for 60 days during a build, we may pause the project after letting you know, and restart it when you are ready.

10.4 Work outside your proposal, or extra revisions beyond those included, may incur additional fees. We will always agree these with you in writing first.

10.5 Your domain name should be registered in your name, and remains yours. Your Google Business Profile remains yours. We only ask for manager access, never ownership, and we will remove our access when you ask or when our agreement ends.

10.6 We build websites to be well structured and readable by search engines and AI tools. However, no one controls how Google or AI services rank or recommend practices, and we do not promise any particular ranking, traffic, enquiries or number of clients.

10.7 Your website runs on the Platform. Keeping your website live requires an active Platform subscription, as set out in sections 11 and 12.

11.1 Our Founding Member offer is available for a limited number of practitioners, as described on our website or in your proposal. It includes the Done With You Website Service and the first three months of your Platform subscription, for the fee in your proposal.

11.2 The three included months start on the date your website goes live.

11.3 After the included months, your Platform subscription continues monthly at your Founding Member rate, unless you cancel. We will email you at least 14 days before your first monthly charge.

11.4 Your Founding Member rate stays the same for as long as your subscription continues without a break. If you cancel and later return, our standard rates will apply.

11.5 We may invite you to share feedback about your experience with us. Your feedback can be anything you honestly think, and it does not need to be positive. Your Founding Member rate does not depend on giving feedback, or on what you say. If we publish your feedback or story, we will only do so with your written consent, and we will make clear that you joined as a Founding Member.

12.1 You agree to pay the Fees for the services you choose. Fees are in Australian dollars (AUD). Fees for customers in Australia include GST unless stated otherwise.

12.2 Platform subscriptions are billed in advance and renew automatically each billing period until cancelled in line with section 29. By subscribing, you agree to these recurring charges.

12.3 Where we offer an instalment plan, your proposal will set out the amount and dates of each instalment. The first instalment is due before work starts. If an instalment is more than 14 days overdue, we may pause work until it is paid, after letting you know. Ownership of the copy we write for you passes to you once you have paid in full.

12.4 We will give you at least 30 days' notice by email of any change to your subscription fees. Fee changes do not apply to your Founding Member rate while your subscription continues. If you don't agree to a fee change, you may cancel before it takes effect.

12.5 Please keep your payment details up to date. If a payment fails, we will let you know and try again. If payment is still outstanding 14 days after we have contacted you, we may pause your account until it is paid.

12.6 If you dispute a charge with your bank before contacting us, we may pause your account while the dispute is resolved. Please talk to us first, as we are always happy to look into a billing concern.

12.7 Except where the Australian Consumer Law or these Terms say otherwise:

• subscription fees are not refunded for part of a billing period
• Website Service fees are not refunded once work has started

If we end a Website Service before completing it, for a reason that is not your breach, we will refund the fees you have paid for work not yet done.

13.1 In addition to your subscription, these services are charged based on how much you use them:

• SMS and MMS messages
• phone calls
• AI content generation and AI assistant features
• email sending above your included monthly allowance
• domain registration and hosting add-ons
• premium integrations

13.2 Usage charges are paid from a prepaid balance in your account, which can top up automatically. If your balance runs out, these services may pause until it is topped up.

13.3 Usage charges apply to messages that fail, are blocked or cannot be delivered, because our providers charge for them. Usage charges are not refundable, except where required by law.

14.1 We may offer trial periods from time to time. The terms of any trial will be explained when it is offered.

14.2 Each person or practice is eligible for one trial.

14.3 If a trial requires payment details, your subscription will begin automatically at the end of the trial unless you cancel first. We will remind you by email before the trial ends.

14.4 Usage charges during a trial still apply.

15.1 You are responsible for:

• every message sent from your account, including its content, timing and recipients
• having valid consent before sending marketing messages, as required by the Spam Act 2003 (Cth)
• including a working unsubscribe option and acting on opt-outs promptly
• making sure your messages comply with health advertising rules, where they apply

15.2 We provide the technology for sending messages. You or your Authorised Users decide what is sent.

16.1 The Platform is not a clinical records system or electronic health record. Please do not store clinical notes, diagnoses, treatment records, test results or medication histories in it. These belong in dedicated practice management software, such as Cliniko, Halaxy, Power Diary or Jane.

16.2 You own your Customer Data and are responsible for it. This includes:

• collecting it lawfully, with any consent required
• publishing your own privacy policy for your patients and clients
• meeting your obligations under the Privacy Act 1988 (Cth) and other privacy laws
• responding to requests from your patients and clients to access, correct or delete their information

16.3 We handle Customer Data only to provide our services to you, and never for our own purposes. Our Privacy Policy explains how we protect it.

17.1 Some features of the Platform and our website use AI to generate content or suggestions. AI output can be inaccurate, incomplete or unsuitable, and may not meet health advertising rules.

17.2 You must review and, where needed, edit any AI-generated content before you publish or send it.

17.3 Please do not enter clinical or health information about your patients or clients into AI features.

18.1 You own Your Content. Nothing in this agreement transfers ownership of Your Content to us. You give us permission to use Your Content only as needed to provide our services to you.

18.2 We own the Platform and all Proprietary Content, including templates, workflows, automations, page designs, website code and components, whether created before or during our work with you. While your subscription is active, you have a non-exclusive, non-transferable licence to use the Proprietary Content in your account and on your website, for your own practice.

18.3 You must not copy Proprietary Content to any other platform, account or website, or share it with anyone else.

18.4 You confirm that you have the right to give us any material you supply, including photos, logos and text, and that our use of it for your services will not infringe anyone else's rights.

18.5 We may use suggestions or feedback you give us about our services to improve them.

19.1 We will only use your name, practice name, logo, photo, words or story in our marketing with your written consent. You may withdraw consent for future use at any time by emailing hq@practitionerpro.com.

19.2 We may include a small credit on websites we build, such as "Website by PractitionerPro". You may ask us to remove it at any time.

20.1 Our Privacy Policy, at practitionerpro.com/privacy-policy, explains how we collect, use and protect personal information, and forms part of this agreement.

21.1 We may update, improve or change features, integrations and templates from time to time. We will give you reasonable notice of any change that significantly reduces the features you use. If a change significantly reduces the core service you signed up for, you may cancel and we will refund any fees you have prepaid for the period after the change.

22.1 Some integrations, such as social media and calendar connections, need to be reconnected from time to time. Keeping these connections active is your responsibility, and we are happy to show you how.

22.2 Your use of any third-party service through the Platform is also subject to that service's own terms.

23.1 You confirm that:

• the information you give us is true and accurate
• you have any consents needed to give us Customer Data and Your Content
• you hold the registrations, licences and insurance you need to run your practice
• your use of our services will be lawful

24.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this agreement excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

24.2 Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.

25.1 Subject to section 24, our total liability to you for any claim connected with this agreement is limited to:

• for the Platform: the subscription fees you paid us in the three months before the claim arose
• for a Website Service: the fees you paid us for that Website Service

25.2 Subject to section 24, we are not liable for any indirect or consequential loss, including loss of profit, revenue, goodwill, clients or data, or business interruption.

25.3 These limits do not apply to liability for fraud, wilful misconduct, or anything that cannot be limited by law.

25.4 We will use reasonable care and skill in providing our services and will work to keep the Platform available, but we cannot guarantee uninterrupted or error-free service.

26.1 You agree to compensate us for any loss, cost or claim (including reasonable legal costs) we suffer to the extent it is caused by:

• your breach of this agreement
• your breach of any law, including health advertising and privacy law
• content you supplied that infringes someone else's rights
• messages or content you sent or approved through our services

26.2 Your obligation under this section is reduced to the extent the loss was caused or contributed to by us.

27.1 We each agree to keep the other's confidential information private, and to use it only for the purposes of this agreement. This continues after the agreement ends.

27.2 Information is not confidential if it is already public, was developed independently, was received from someone else without restriction, or must be disclosed by law.

28.1 If you have a concern or complaint, please email hq@practitionerpro.com. We will acknowledge it within 2 Business Days and work with you to resolve it.

28.2 If we cannot resolve a dispute within 14 days of it being raised in writing, either of us may refer it to mediation through the Resolution Institute in Australia. We will share the mediator's costs equally.

28.3 Nothing in this section stops either of us seeking urgent relief from a court, or stops you contacting a regulator such as the ACCC, NSW Fair Trading or the OAIC.

29.1 You may cancel your Platform subscription at any time by emailing hq@practitionerpro.com. Your cancellation takes effect at the end of your current billing period, and you keep access until then.

29.2 You may cancel a Website Service at any time by emailing us. Fees for work already completed remain payable, and section 12.7 applies.

29.3 We may suspend or end your account if you materially breach this agreement and do not fix the breach within 14 days of us asking you to.

29.4 We may suspend or end your account straight away, with notice to you, if:

• you breach section 7 or section 8 in a serious way, such as sending spam or unlawful content
• you behave abusively towards our team or other practitioners
• your use of our services puts the Platform, other practitioners or the public at real risk
• fees remain unpaid after the steps in section 12.5

29.5 We may also end the agreement for any other reason by giving you at least 30 days' notice. If we do, we will refund any fees you have prepaid for the period after it ends.

30.1 When the agreement ends:

• fees properly incurred up to that date remain payable
• your access to the Platform and Proprietary Content ends, and your website will be taken offline
• we will remove our access to your Google Business Profile and help you point your domain elsewhere

30.2 For 30 days after the agreement ends, you may ask us for:

• an export of your Customer Data, such as contacts, form submissions and appointment history
• a copy of Your Content, including the written copy and images on your website

30.3 After those 30 days, we will delete your account and its data, except for records we must keep by law, as explained in our Privacy Policy.

30.4 Page designs, website code, templates and other Proprietary Content cannot be transferred. If you would like to keep using your website design elsewhere, please ask us about a one-off licence.

30.5 If PractitionerPro ever stops operating, we will give you as much notice as we can and use reasonable efforts to help you move your data, content and website to another provider.

31.1 We provide support for questions and technical issues relating to our services. Support is available by email at hq@practitionerpro.com and through the help options in the Platform, during Business Days.

31.2 Support does not include clinical advice, legal or compliance decisions, or help with third-party software, unless agreed in writing.

32.1 We are not responsible for delays or failures caused by events outside our reasonable control, such as provider outages, internet or power failures, cyber incidents or natural disasters. We will let you know and restore normal service as soon as we reasonably can.

33.1 You must be 18 or over to use our services.

34.1 Governing law. This agreement is governed by the laws of New South Wales, Australia. We each submit to the non-exclusive jurisdiction of the courts of New South Wales.

34.2 Entire agreement. This agreement is the whole agreement between us about our services, and replaces any earlier discussions or arrangements.

34.3 Severability. If any part of this agreement is found invalid or unenforceable, the rest continues to apply.

34.4 No waiver. If either of us does not enforce a right straight away, we can still enforce it later.

34.5 Assignment. You may not transfer this agreement without our written consent. We may transfer it to a buyer or successor of our business, after letting you know. Your rights under this agreement will not be reduced as a result.

34.6 Notices. Notices must be in writing and may be sent by email. An email notice is treated as received 24 hours after it is sent, unless the sender receives a notice that it was not delivered.

PractitionerPro, operated by James Burgin trading as Brandwithin ABN 76 374 593 652 Email: hq@practitionerpro.com Post: 6/7-9 Flood Street, Bondi NSW 2026, Australia