Terms and Conditions
Last update: 5/10/2023
Introduction
Welcome to DocNow. These Terms and Conditions ("Terms") govern your use of the DocNow website, applications, and services ("Services") provided by DocNow Pty Ltd. ("we", "us", "our", "DocNow").
Services
DocNow provides AI-powered platform that automates medical documentation. Our services include transcription, AI generated documentation and integrated Electronic Medical Record (EMR) systems.
Transcription and AI Generated Documentation
Our Services include the transcription of medical audio into written text and the generation of medical documentation using AI technology. This involves the use of advanced algorithms and machine learning techniques to convert spoken language into written text. While we strive for accuracy, you understand that the quality of such transcriptions or AI generated documentation may vary and we cannot guarantee that they will be 100% accurate or error-free. We recommend that all transcriptions and AI generated documentation are reviewed and verified before use.
Integrated EMR Systems
Our Services include an integrated Electronic Medical Record (EMR) system. This system allows for patient management and automated generation of patient history from the documentation created within our platform. This feature is designed to streamline your workflow and improve patient care. However, you are responsible for ensuring that your use of our integrated EMR system complies with all applicable laws and regulations.
Data Collection, Storage, and Usage
We are committed to protecting your data. This section explains how we collect, store, and use your data.
Data Collection
We collect data you provide to us when you use our Services. This includes personal data such as your name and email address. We also collect data generated by your use of our Services, such as usage data and device information. This data is collected to enable us to provide our Services and to improve the user experience.
Data Storage
We store your data on secure servers and use encryption to protect your data. We apply techniques including in-use, in-transit and at-rest encryption to ensure that your data is secure, even in the event of a breach. We also use anonymisation techniques to ensure that your patient data including transcriptions and documentations cannot be linked back to your patient.
Data Usage
We use your data to provide and improve our Services. This includes using your data to generate transcriptions and AI generated documentation. We also use your data to provide personalised user experiences, such as remembering your preferences and settings. In addition, we may use your data for research and development purposes, to improve our algorithms and to develop new features and services.
User Data Protection
We are committed to protecting your data. This section explains how we protect your data and your rights in relation to your data.
Data Protection
We implement appropriate technical and organisational measures to protect your data against unauthorised access, alteration, disclosure, or destruction. These measures include encryption, anonymisation, secure servers, and advanced security protocols. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security of your data. In the event of a security breach, we will take all necessary steps to mitigate the effects and notify you as required by law.
User Rights
You have certain rights in relation to your data. These rights include the right to access your data, the right to correct inaccuracies in your data, the right to have your data deleted, the right to restrict our use of your data, and the right to object to certain uses of your data. You also have the right to withdraw your consent to our use of your data at any time.
Consent
By using our Services, you consent to the collection, storage, and use of your data as described in these Terms and our Privacy Policy. Your consent is voluntary and can be withdrawn at any time. However, if you do not agree with these Terms or our Privacy Policy, or if you withdraw your consent, you may not be able to use all features of our Services.
Cookies
We use cookies and similar technologies to provide and improve our Services, to provide personalised user experiences, and for other purposes. Cookies are small files that are stored on your device when you visit our website. They allow us to remember your preferences and settings, to understand how our Services are used, and to improve the user experience. By using our Services, you consent to our use of cookies and similar technologies.
Dispute Resolution
If you have a dispute with us, we encourage you to contact us first to try to resolve the dispute informally. If we cannot resolve the dispute informally, we agree to resolve any claim, dispute, or controversy through binding arbitration. This means that you and we agree to submit the dispute to a neutral arbitrator for a decision. The arbitration will be conducted in accordance with the rules of the American Arbitration Association or the Australian Centre for International Commercial Arbitration, as applicable. The decision of the arbitrator will be final and binding on both parties.
Compliance with Laws and Regulations
We comply with all applicable laws and regulations, including those relating to data protection and privacy. We also comply with industry standards and best practices. You are responsible for ensuring that your use of our Services complies with all applicable laws and regulations. This includes obtaining any necessary consents or authorisations, ensuring that your use of our Services does not infringe any third-party rights, and complying with any applicable reporting or record-keeping requirements.
User Responsibilities
Compliance with Laws
You are responsible for complying with all applicable laws and regulations in your use of our Services. You agree not to use our Services for any illegal or unauthorised purpose.
Account Security
You are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.
Intellectual Property
Ownership of Intellectual Property
All content, trademarks, service marks, trade names, logos, and intellectual property (collectively, the "Content") displayed on our website and application are owned by DocNow or third parties. You agree not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Content without our express written consent. However, any user content generated using our application can be used, copied, reproduced, mailed, posted, transmitted or distributed by you without requiring any further consent from us.
License to Use Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal or professional use. This license does not include any resale or commercial use of our Services or the Content.
Indemnification; Disclaimer of Warranties; Limitations on Liability
Indemnification
In the event of any claims, losses, or expenses (including legal fees) resulting from or related to your activities on the Services, such as your content, products, services you develop or offer in connection with the Services, or any breach of these Terms or violation of relevant laws, you agree to protect, indemnify, and absolve DocNow, our affiliates, and our personnel.
Warranty Disclaimers
DOCNOW PROVIDES THE SERVICES ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DOCNOW, ITS AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPLICIT OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. DOCNOW DOES NOT WARRANT THE UNINTERRUPTED, ERROR-FREE OR ACCURATE NATURE OF THE SERVICES, OR THE SECURITY OR INTEGRITY OF ANY CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCNOW WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
Governing Law and Jurisdiction
These Terms are governed by the laws of the United States and Australia, without regard to conflict of law principles. You agree to submit to the personal jurisdiction of a state court located in the United States or a court located in Australia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
Changes to These Terms
We may change these Terms from time to time to reflect changes in our Services, changes in the law, or for other reasons. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide additional notice such as sending you an email or posting a notice on our website. Your continued use of our Services after the changes have been made will constitute your acceptance of the changes. If you do not agree to the changes, you should stop using our Services.
Contact Us
If you have any questions about these Terms, please contact us at [email protected]
Alternatively, you can contact us by post.
DocNow Legal
Level 1, 457 Elizabeth Street
Surry Hills, NSW 2010
Australia