Terms of Service

The purpose of these Terms is to set out the rights, obligations and responsibilities of the Company and the businesses that use the Service (each, a “Member”), and all procedures relating to the use of the Service, in connection with the use of the Service provided by the Company.

The terms used in these Terms have the following meanings.

1. “Service” means all software and ancillary functions provided by the Company on a cloud basis, including booking management, POS and payments, group bookings, customer relationship management (CRM), multilingual consent forms, bulk SMS marketing and Google Reviews integration.
2. “Member” means a business (a company or a sole trader) that has agreed to these Terms and entered into a Service Agreement with the Company, and the officers and employees to whom that business has granted authority.
3. “Service Agreement” means the agreement entered into between the Company and a Member under these Terms in connection with the use of the Service.
4. “Account” means the login credentials (such as a username and password) set by a Member and approved by the Company for the purposes of identifying the Member and using the Service, together with the workspace linked to those credentials.
5. “Member Data” means all data entered, created or uploaded to the Service by a Member or a Member’s End Customers (including customer information, booking history, payment and sales records, consent forms and message sending history).
6. “End Customer” means a customer of a Member (such as a patient or client) to whom the Member provides bookings, payments, consultations or similar services using the Service.
7. “Third-Party Services” means the services of external providers that the Company integrates in order to provide the Service, such as payment processing by a payment service provider (PSP), SMS delivery, cloud infrastructure and Google Reviews.

Any term not defined in these Terms has the meaning given to it by applicable laws and general commercial practice.

1. These Terms take effect when they are posted on the Service screens or otherwise notified to Members.
2. The Company may amend these Terms to the extent that doing so does not contravene applicable laws.
3. If the Company amends these Terms, it will specify the effective date of and the reasons for the amendment and give notice through an announcement within the Service, by email or by other means from 7 days (or 30 days, in the case of an amendment that is unfavourable to Members or material) before the effective date.
4. If a Member does not expressly indicate its refusal by the effective date of the amended Terms, the Member is deemed to have agreed to the amended Terms. If a Member does not agree to the amended Terms, the Member may terminate the Service Agreement.

1. The Service Agreement is formed when a business wishing to use the Service agrees to these Terms and applies using the registration form prescribed by the Company, and the Company accepts that application.
2. When applying, a Member must provide accurate and up-to-date information, including its business name, contact person details and contact information, and must update that information without delay if it changes.
3. The Company may refuse to accept an application, or may subsequently terminate the Service Agreement, where any of the following applies:
   • the application uses another person’s name or false information;
   • there is a clear risk that the applicant will breach applicable laws or these Terms; or
   • it is difficult for the Company to provide the Service owing to its facilities or technical constraints.
4. A Member is responsible for granting and managing appropriate permissions for its officers and employees within its Account and workspace, and is responsible for the acts of its authorised users.

1. The Company provides Members with cloud-based software, including booking management, POS and payment integration, group bookings, customer management, multilingual consent forms, bulk SMS marketing and Google Reviews integration.
2. In principle, the Service is provided 24 hours a day, every day of the year. However, this does not apply where there are grounds for a change or suspension under Article 6.
3. Some functions provided by the Company may be limited depending on the plan selected by the Member, whether Third-Party Services are integrated, or the laws of the country of operation.

1. To provide the Service reliably, the Company may carry out scheduled maintenance, updates and functional improvements, and all or part of the Service may be temporarily suspended as a result.
2. For suspensions that can be anticipated in advance, such as scheduled maintenance, the Company will give prior notice of the suspension and its timing. However, in unavoidable circumstances, such as an urgent security or incident response, the Company may give notice after the event.
3. The Company may change or discontinue major functions of the Service for business or technical reasons, in which case it will give prior notice of the details of the change or discontinuation and its effective date.
4. The Company is liable, to the extent provided in Article 15, for any suspension of the Service caused by events beyond its reasonable control, such as natural disasters, power outages, failures of telecommunications carriers or the suspension of Third-Party Services.

1. The Service is provided on a subscription (SaaS) basis with recurring billing, and fees are charged monthly or annually according to the plan selected by the Member.
2. Fees are charged automatically at the start of each billing cycle to the payment method registered by the Member, and the Member is responsible for maintaining a valid payment method.
3. Usage-based items proportional to actual usage, such as bulk SMS sending costs, are calculated on actual usage and billed monthly together with the subscription fee. Fees for in-person (terminal) payments are charged separately through the terminal payment service and are not part of the subscription invoice.
4. Unless otherwise stated, all fees are in Australian dollars (AUD) and include GST (Goods and Services Tax).
5. If a payment fails or is overdue, the Company may, after notifying the Member, restrict or suspend the Member’s use of all or part of the Service.
6. The Company may change its plans and fees, and any changes apply from the next billing cycle in accordance with the notice procedure in Article 3.

1. The Company may offer Members free trials or promotional benefits, the conditions and periods of which are as separately specified.
2. When a free trial period ends, unless the Member cancels beforehand, the Member may be automatically transferred to the paid plan it has selected and charged accordingly. The Company will inform the Member of the automatic transfer by reasonable means before it occurs.
3. The unit prices and sending limits for usage-based services such as SMS are published on the Service screens or in separate notices, and the Member is deemed to have agreed to the applicable charges before sending.

1. A Member may cancel its subscription to the Service at any time, and in principle the cancellation takes effect on the last day of the current billing cycle.
2. For monthly subscriptions, fees already paid are not refunded, and the Member may continue to use the Service for the remainder of the period.
3. For annual subscriptions, the remaining amount, after deducting reasonable usage fees and cancellation charges, may be refunded to the extent provided by the Company’s policy and applicable consumer protection laws.
4. Usage-based items already used (such as SMS charges) and amounts paid for Third-Party Services are excluded from refunds.
5. Nothing in this Article excludes or limits any rights guaranteed to Members under mandatory laws, including the Australian Consumer Law.
6. For refunds of online payments, the refund processing fee is borne by the Member (the store); the Company bears it only where the refund is confirmed to have been caused by a defect in the Healing Now system.
7. The refund processing fee under Paragraph 6 is charged by deducting it from the Member’s settlement amount. Refunds whose cause cannot be determined are treated as borne by the Member; the Member may raise an objection with the Company, and if a re-assessment confirms a defect in the Company’s system, the deducted amount is credited back.
8. Payment processing fees and dispute (chargeback) fees for online payments are borne by the Company. Payment fees and refund fees for in-person (terminal) payments are borne by the Member.

1. Members must comply with applicable laws, these Terms, and the usage policies and guidelines published by the Company.
2. Members are responsible for keeping their Account information secure and must notify the Company immediately upon becoming aware of any unauthorised use of their Account.
3. Members must not engage in any of the following conduct:
   • conduct that breaches the law or infringes the rights of third parties (including privacy and intellectual property rights);
   • sending SMS, email or other messages without the recipient’s prior consent in breach of applicable anti-spam laws (for example, the Spam Act 2003 of Australia);
   • reverse engineering, copying or distributing the source code of the Service, or providing derivative services without authorisation;
   • using automated means to place an excessive load on the systems or to interfere with the operation of the Service; or
   • entering false information or impersonating another person.
4. When entering or processing End Customers’ personal information in the Service, Members must themselves fulfil the obligations required under applicable privacy laws, including obtaining lawful consent from End Customers.

1. The Company complies with applicable laws and these Terms and makes reasonable efforts to provide the Service reliably and continuously.
2. The Company implements reasonable technical and administrative security measures to protect Member Data.
3. The Company handles Members’ enquiries and complaints through appropriate procedures and informs Members of the outcome within a reasonable period.

1. All rights in and ownership of the Member Data entered or created in the Service by a Member belong to the Member, and the Company does not claim any ownership of it.
2. The Member grants the Company the right to process Member Data to the extent necessary to provide, maintain and support the Service, respond to incidents, make backups and perform functions requested by the Member.
3. The Company does not sell or provide Member Data to third parties for marketing purposes without the Member’s prior consent.
4. The Company may use data that has been de-identified or aggregated so that individuals cannot be identified for the purposes of improving the Service and statistical analysis.
5. A Member may export its Member Data in a standard format (such as CSV) at any time while the Service Agreement is in effect, and on termination of the agreement the data is handled in accordance with the procedure in Article 17.

1. The Service may be provided in integration with Third-Party Services, such as a payment service provider (PSP), SMS delivery, cloud infrastructure and Google Reviews.
2. The use of Third-Party Services may be subject to separate terms and policies set by the relevant third party, and Members must review and comply with them where necessary.
3. The Company does not warrant the availability, accuracy or lawfulness of Third-Party Services, and is liable, to the extent provided in Article 15, for loss arising from failures, policy changes or the suspension of the Third-Party Services themselves.
4. Functions relating to external platforms, such as Google Reviews integration, may be changed or restricted without prior notice following changes to the policies of the relevant platform.

1. Intellectual property rights in the Service and in the software, designs, trade marks, logos, documentation and other materials comprising it belong to the Company or the relevant rightful owners.
2. The Company grants Members only a non-exclusive, non-transferable right to use the Service in accordance with these Terms, and does not assign or transfer any other rights.
3. Members may not copy, distribute or modify the Service or any part of it, or use the Company’s trade marks or logos, without the Company’s prior written consent.

1. The Company is not liable to the extent that it is unable to provide the Service owing to events beyond its reasonable control, such as natural disasters, force majeure, or failures of telecommunications carriers or Third-Party Services.
2. The Company is not responsible for the accuracy, lawfulness or reliability of Member Data entered by Members, nor for any loss of business revenue or profit that a Member expected to obtain through the Service.
3. To the maximum extent permitted by applicable laws, the Company’s total aggregate liability to a Member for damages in connection with the use of the Service does not exceed the total subscription fees actually paid by the Member to the Company during the 12 months immediately preceding the date on which the liability arose.
4. The Company is not liable for indirect, special or consequential loss, or for loss arising from the loss of data or business opportunities.
5. Nothing in this Article limits or excludes any liability of the Company that cannot be excluded under mandatory laws, including the Australian Consumer Law.

1. If a Member causes loss to the Company or a third party by breaching these Terms or applicable laws, the Member must compensate for that loss.
2. In respect of any claim or dispute brought against the Company by a third party (including an End Customer) in connection with the Member’s use of the Service or the processing of Member Data, the Member must indemnify and defend the Company to the extent that the claim or dispute is attributable to the Member.
3. Where one party causes loss to the other party for reasons attributable to it, the responsible party must compensate for that loss within the limitation of liability in Article 15.

1. A Member may terminate the Service Agreement at any time through the cancellation procedure within the Service or by giving notice to the Company.
2. If a Member materially breaches these Terms and fails to remedy the breach within a reasonable period despite the Company’s request to do so, the Company may terminate the Service Agreement or suspend the Member’s use of the Service.
3. Where there are urgent grounds, such as overdue payments, unlawful conduct or the infringement of the rights of others by a Member, the Company may immediately suspend the Member’s use of the Service without prior notice, and will notify the Member of the grounds afterwards.
4. When the Service Agreement ends, the Company provides the Member with a reasonable grace period (for example, 30 days) to export its data, after which the Company destroys the Member Data, except where retention is required under applicable laws.

1. Neither party may disclose to any third party, or use for any purpose other than the purpose of this agreement, any trade secrets or confidential information of the other party that it learns in the course of providing or using the Service, without the other party’s prior consent.
2. The obligations in this Article continue in effect for a reasonable period after the Service Agreement ends.

1. The interpretation and application of these Terms and the Service Agreement are governed by the laws of the State of Queensland, Australia, where the Company is located, and the federal laws of Australia.
2. If a dispute arises in connection with these Terms, both parties will endeavour in good faith to resolve it amicably.
3. Any dispute that is not resolved amicably is subject to the jurisdiction of the courts of the State of Queensland, Australia. However, this does not limit any rights relating to jurisdiction that are guaranteed to Members under mandatory laws.

1. The Company may transfer all or part of its rights and obligations under these Terms to a third party by reason of a business transfer, merger or similar event, in which case it will give Members prior notice.
2. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the validity of the remaining provisions is not affected.
3. Any failure or delay by the Company in exercising its rights under these Terms does not constitute a waiver of those rights.
4. Notices from the Company are given through announcements within the Service, to the email address registered by the Member (including communications via admin@healingnow.ai), or by other reasonable means.
5. Matters not set out in these Terms are governed by applicable laws and commercial practice.
6. This English version is provided for convenience. In the event of any inconsistency between the Korean and English versions, the Korean version shall prevail.