Of course, to access the website, you will need to be registered.
Once registered, we grant you the right to access and use the website in accordance with the relevant access level.
Halaxy can be used by sole, group and multi-disciplinary practices, and details on the different accounts and access levels, roles and rights are here: support: Managing Users and Practice Groups
In Practice Groups, Full Access account holders have additional rights and responsibilities, and are deemed to have full control over the Practice Group’s accounts (including the accounts of each practitioner’s account and account records and information). That means that if you are part of a Practice Group, and you are not a Full Access account holder, you will need to obtain the consent of the Practice Group’s Full Access account holder to keep a copy of the records of patients you have treated after you leave the Practice Group. If you are not the Full Access holder in a Practice Group, you also acknowledge that the Practice Group will retain a copy of these records when you leave the Practice Group.
If you have signed up to any of our services, these practitioner Terms apply to you. If the registration is for a practice that is operated by a corporation, these Terms will also apply to that corporation.
The right to use the website is non-exclusive, non-transferable, and limited by and subject to, these Terms. When you register and activate your account, you will provide us with personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. When you register and activate your account, you will provide us with your email address, which functions as your username and your password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us;
- properly registered or qualified in the profession you state when you sign up; and
- agree and warrant to use the website in accordance with these Terms.
By logging into Halaxy, you warrant that this continues to be the case.
Our core practice and patient management software is free to use; you pay for add-on products (which are listed on here), which are covered by our Payments Terms.
Title to, and all intellectual property rights in, the information you input into our website remain your property.
You grant to us a licence to use, copy, transmit, store, and back-up this information only for the purposes of enabling you to access and use the website, and any other purpose related to provision of services to you.
You acknowledge that:
- you are responsible for ensuring that you have the right to do so;
- you are responsible for authorising any person who is given access to information, and you agree that we have no obligation to provide any person access to such information without your authorisation and may refer any requests for information to you to address; and
- you will indemnify us against any claims or loss relating to:
- our refusal to provide any person access to your information in accordance with these Terms,
- us making available information to any person with your authorisation.
- Whilst we intend that the website should be available 24 hours a day, seven days a week, it is possible that on occasions the website may be unavailable to permit maintenance or other development activity to take place.
- If for any reason we have to interrupt the services on the website for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the website.
- We may, at our discretion, remove information that you have input into the website (e.g. if you state that you are fully qualified or registered in a particular profession in which you are not qualified). If we elect to do this, we will take reasonable steps to notify you in advance so that you are able to back-up information before it is deleted.
- It is your sole responsibility to determine that the website meets your needs and is suitability for the purposes for which it is used.
- You remain solely responsible for complying with all applicable privacy, health and other laws. It is your responsibility to check that storage of and access to information via the website will comply with laws applicable to you (including any laws requiring you to retain records in a certain way or for a certain number of years).
- It is your responsibility to use Halaxy in the way it is intended, and not for any other purpose.
The website can only be used for your business and not personal use. If you would like to sign up as a non-practitioner, please do so using a different email address and accept the Terms for Consumers (which can be found here).
You warrant and represent that you are acquiring the right to access and use the website for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of services by us, the website or these Terms.
You must only use the website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by us or condition posted on the website. You may use the website in order to provide services to others (including patients), and if you do so you warrant to us that:
- you are complying with all relevant laws including in relation to your reporting and obligations to Medicare, health insurers, regulatory bodies and other funding bodies;
- you are authorised to do so; and
You indemnify us against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to us, including (but not limited to) any costs relating to the recovery of any fees that are due but have not been paid by you under our Payment Terms.
You are responsible for, and indemnify us against, liability for all loss, damage or injury to persons or property arising from a material breach of these Terms by you, inaccuracy or fraud in the information you process via our website (including patient payments), a breach of any of the warranties you give us as part of these Terms, the negligent actions of you or your employees, agents or sub-contractors in connection with your use of the website, or any matters relating to the relationship between you and your patients or parties in your Practice Group.
You agree and consent to being contacted by us or third parties:
- about your use of this website;
- by receiving reminders in respect of appointments via SMS / text or email, or other electronic communications;
- providing you with news and information about our services;
- responding to any specific requests that you make of us;
- notifying you of any changes to, enhancements of, or outages that may affect the website; and
- providing you with the opportunity to ‘opt-in’ to receiving promotional material from time to time from us or third parties.
We do not contact your patients and we don’t advertise to your patients ourselves, but you may communicate and advertise to your patients yourself through our software, which could include via SMS and email campaigns.
As such, you warrant and represent that any request that you make to us to contact your patients, whether by SMS or otherwise, is a form of contact and correspondence that your patients have expressly agreed to and that the express agreement from your patients includes consent to receive marketing correspondence from us.
Further, we don’t share your patients’ identifiable data unless we are subpoenaed to do so. However, keep in mind that if you send their information to a funding body, other practitioner or a similar third party using Halaxy, we are sharing their personal data with that funding body, with your permission.
The Halaxy platform is built to enable practitioners to choose to share information such as clinical reports, tools or records with other practitioners or with patients.
Additionally, with your permission, information you upload may be shared between:
- Practitioner user and practitioner user (e.g. within a practice, to other a practitioner using Halaxy outside of your practice, or to a practitioner through secure messaging services that are integrated with your Halaxy account); and
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail. Practitioners and Halaxy users agree to the terms and conditions of promotions and competitions by participating in the promotion or competition.
- breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
- breach any of these Terms and the breach is not capable of being remedied, including not paying amounts due to us or using our services for any purpose other than as authorised by us;
- you or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed over any of its assets or if your become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction;
we may take any or all of the following actions, at our sole discretion:
- terminate these Terms and your use of the website;
- suspend you from using the website for any definite or indefinite period of time;
- suspend or terminate your access to all or any information you have inputted into the website; and
- take any of the actions in this clause in respect to any or all other persons that you have authorised to have access to your information or account.
For the avoidance of doubt, if payment is not made in accordance with the requirements set out in the fee schedule, we may suspend or terminate your use of the website, the authority for all or any of your authorised representatives to use the website, or your rights of access to any information.
We also reserve the right to terminate your access to the website or temporarily suspend your access to the website for any reason (such as abusive behaviour), in our absolute discretion. In these circumstances, acting reasonably, we will provide you with the ability to access information you have inputted to download onto your own system.
We are not a health or medical practitioner and use of the website does not constitute the receipt of health or medical advice. We do not provide any health or medical advice.
To the maximum extent permitted by law, including Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We do not warrant that the website will meet your requirements or that it will be suitable for any particular purpose. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
The provision of, access to, and use of, the website is on an "as is" basis and at your own risk.
We do not warrant that the use of the website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the website. We are not in any way responsible for any such interference or prevention of your access or use of the website. We make no warranty that:
- errors or defects will be correct;
- the website will be free of viruses or other harmful components; or
- the website will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by third parties.
It is your sole responsibility to determine that the website meets your needs or the needs of your business and is suitable for the purposes for which it is used.
To the maximum extent permitted by law, including Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from your use of our website is limited in respect of any one incident, or series of connected incidents, to us re-supplying the website services to you, or, at our option, us refunding to you the amount you have paid us for the website services in the previous month to which your claim relates. If you are not satisfied with the website, your sole and exclusive remedy is to cease using the website and terminate these Terms.
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a non-exclusive licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
You must not commit any act that we would deem to be inappropriate, unlawful or prohibited by any laws applicable to the website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise, or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to the website, we have the right to take down this information at our sole discretion and without notice.
The information on the website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the website, to the extent permitted by law, including Australian Consumer Law, we make no warranty regarding the information on the website. You should monitor any changes to the information contained on the website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date.
Jurisdiction and governing law - Your use of the website and these Terms are governed by the law of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
Waiver - If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Dispute Resolution - If there is a dispute between the parties in relation to these Terms, the parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If the parties cannot agree on how to resolve the dispute at the Initial Meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under these Terms, by law or in equity.
Delays - Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
No Assignment - You may not assign or transfer any rights to any other person without our prior written consent.
Severability - If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on the parties.
Notices - Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us must be sent to email@example.com or to any other email address notified by email to you by us. Notices to you will be sent to the email address which you provided when setting up your access to the website.
Rights of Third Parties - A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Accrued Rights - Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms you will:
- remain liable for any accrued charges and amounts which become due for payment before or after termination; and
- immediately cease to use our services and the website
Invoices will be issued to you in accordance with the details set out in the fee schedule. We will continue invoicing you in accordance with the fee schedule until these Terms are terminated in accordance with Clause 14 in the main Terms above.
All invoices will be sent to you by email or are shown on the Expenses page of your Halaxy account. Payment of all amounts specified in an invoice must be paid in accordance with the fee schedule. You are responsible for payment of all taxes and duties.
We may increase our fees at any time by giving you at least two weeks’ notice. If you do not elect to terminate these Terms in accordance with Clause 14 in the main Terms, then you will be taken to have accepted the increased fees.
We may terminate or suspend your access to, and use of our services or website if fees are not paid in accordance with the fee schedule.
If and when applicable, goods and services tax (GST) payable on services we provide via our website will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.
As part of the website, we agree to provide you with a payment processing service by which we debit and process payments from patients for Services provided by you. We may, in our absolute discretion, use any third party payment systems and services that we consider appropriate in order to debit and process payments.
In providing the payment processing service, we act on your behalf in debiting and processing payments. In consideration for providing this service, you agree to pay the fee specified in the fees schedule in respect of each payment processed by us. We may deduct the fee from any payment that we make to you.
Through the website, you may:
- request that we debit and process a payment for a particular Service, or
- nominate in advance the time at which payment for a Service provided by you is to be debited to a payment facility belonging to the patient or a person paying on behalf of the patient (patient’s payment method).
We will take reasonable steps to ensure that payments are debited at the time nominated by you but accept no liability for any loss, damage or harm that may result from them being debited and/or processed at another time.
We will take reasonable steps to process payments as expeditiously as possible. However, we accept no liability for any loss, harm or damage suffered by you or any other person as a result of a delay in processing a payment.
Once a payment is processed, the amount of the payment less the fee specified in the fees schedule will be remitted to a bank account nominated by you.
To receive payments from us, you must nominate a bank account on the website. It is your responsibility to update your account details if they change subsequent to registering an account with us. If you do not nominate or provide us with up-to-date bank account details within six months of processing a payment through Halaxy, we reserve the right to absorb these funds into our revenue.
It is your responsibility to ensure that we are provided with the correct and up-to-date details for the bank account into which you would like funds to be deposited. We accept no responsibility for, and you release and indemnify us from, loss, harm or damage suffered as a result of us depositing funds into an account that you erroneously notified to us, and have no obligation to take steps to recover such payments for you.
You may only use the payment processing service to process payments for Services of a type authorised by us (either by notification on the website or by a direct written communication from us). You agree that you will not use the payment processing service to process payments for unauthorised or unlawful purposes.
We may refuse to process a payment or remit funds to you if we reasonably believe that the payment processing request to which it relates contravenes clause 4.9 or any other element of these Payment Processing Terms.
Nothing in these Payment Processing Terms operates to prevent us from sharing information with law enforcement authorities if we reasonably believe that unlawful conduct has occurred in connection with your use of the payment processing service.
We may at any time limit the value of individual payments that can be made to you through the payment processing service. We will notify any individual payment limit on the website or by email to you (we may choose the method of notification at our sole discretion). We may change any individual payment limit at any time without prior notice.
We may suspend the payment processing service, or your access to the payment processing service, without notice at any time if it is reasonably necessary to comply with any applicable law or to protect our legitimate commercial interests.
In requesting that we process a payment, you warrant to us that you are entitled to receive the payment from the patient and that we are authorised to debit the patient’s card for the amount of the payment. You acknowledge that we act in reliance on that warranty in debiting and processing the payment.
If a payment that we process is subsequently recovered (whether by card chargeback or otherwise) by the payer, you must pay to us:
- any amount that we remitted to you in respect of the recovered payment, and
- the amount of any fees and charges incurred by us as a result of the payment being charged back or recovered, within 3 business days of us notifying you of the recovered payment and requesting payment from you.
We may, in our absolute discretion, set off any amount owed by you to us (including payments recovered as a result of a chargeback) from any payment that owe to you and remit to you the net amount.
If you have given us a direct debit request, we will process a direct debit to recover the amount you owe us. The terms of our Direct Debit Service Agreement and our Direct Debit Request will apply to any direct debit that we process.
If we hold details of a credit card, debit card or other payment facility belonging to you, you agree that we may debit that card or payment facility for any amount owed to us under clause 5.2.
If you fail to repay any amount owed to us under clause 5.2 by the time specified in the notice given under that clause, we may in our absolute discretion decline to process future payments requested by you or suspend your access to the website.
You may purchase Halaxy credits from us. We will sell Halaxy Credits to you at the price notified on the website from time to time. We will allocate Halaxy Credits to your account when we receive the purchase price in cleared funds from you. We are not responsible for, and you release and indemnify us from, any loss, harm or damage suffered by you as a result of any delay in funds used to purchase Halaxy Credits clearing in our account.
You can use Halaxy Credits allocated to your account to pay for any services that we notify you require Halaxy services to use in connection with the website. The services that you may pay for using Halaxy Credits are those notified as being able to be paid for in Halaxy Credits from time to time. We may vary the set of services able to be paid for using Halaxy Credits at any time without notice.
Halaxy Credits will be applied towards the fee payable for a particular service at the time that the service is requested by you. The fee payable for any particular service will be notified in the fees schedule from time to time. To apply Halaxy Credits towards the fee payable for a particular service, you must specify that the service is to be paid for using Halaxy Credits when requesting the service through the website, in the way prescribed by us through the website.
We may in our absolute discretion limit the number of Halaxy Credits that may be held by a person at any time. If we impose or change such a limit, we will notify you through the website. We may refuse to sell you Halaxy Credits if it would cause your Halaxy Credit balance to exceed the limit imposed by us. If when we impose a limit, your Halaxy Credit balance exceeds the limit imposed by us, we may convert your excess Halaxy Credits to cash at the price notified on the website and remit the proceeds to the bank account nominated by you.
You may view a statement setting out the number of Halaxy Credits allocated to your account at any time and summary information affecting your Halaxy Credit balance.
Halaxy Credits allocated to your account do not expire.
We may suspend the Halaxy Credit service at any time if it is reasonably necessary to comply with any applicable law or to protect our legitimate commercial interests.
We may cancel any or all of the Halaxy Credits allocated to your account if:
- we reasonably suspect that, in any way connected to the Halaxy Credit service, you have acted dishonestly, fraudulently or in breach of any applicable law, or
- we reasonably believe that such cancellation is necessary to protect our legitimate commercial interests, including our reputation.
We may terminate the Halaxy Credit service at any time on giving reasonable notice via the website. If we terminate the Halaxy Credit service, we will convert your Halaxy Credits to cash at the amount that you paid for them and deposit that amount into your nominated bank account as soon as reasonably practicable. We can only convert your Halaxy Credits to cash if your account remains active; if your account is closed and we terminate the Halaxy credit service, any of your unused Halaxy credits lapse and cannot be converted to cash.
If you terminate your account with us, you will not be entitled to any refund for unused Halaxy Credits allocated to your account.
Halaxy Credits do not create any trustee-beneficiary relationship between us and you or any other person.
Halaxy Credits are not property and cannot be transferred, sold, bequeathed or inherited.