Pogozo Terms and Conditions
These terms and conditions form part of the agreement you make with Pogozo and govern your use of all Pogozo Products. By using any Pogozo Product or acquiring a subscription to use any Pogozo Product you agree to these terms and conditions.
Definitions
In these terms and conditions, the following terms will have the meanings ascribed to them.
Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with you, and that has been designated to receive Services under this agreement. ‘Control’ for purposes of this definition means the power to direct or cause the direction of a management and policies of the subject entity, whether through equity ownership, a credit arrangement, franchise agreement or other contractual agreement. ‘Affiliate’ also includes any of your business locations and any franchisees that have been designated to receive Services under this agreement.
Agreement means this agreement and any license or subscription issued by Pogozo.
API means Pogozo’s application programming interface.
Apps means any mobile applications through which Pogozo makes any of the Pogozo Products available or which accesses or uses any of the Pogozo Products.
Branding means your name, design, symbol, colour or colour combinations, marks, image, logo, fonts, get up or any other feature that identifies or makes you distinctive.
Commencement date means the date on which you acquire software from the website.
Confidential information means information, whether marked as confidential or not, received or developed by either party, which is not publicly available and relates in any way to each parties’ respective business or financial information. This includes but is not limited to: –
Cost means the price for the software per month as listed on the website.
End User means an entity that schedules or purchases products or services from you through the Services, that you market to, communicate with or target through the Services, or that otherwise interacts with you through the Services, or that you authorise to use the Services in connection with your business.
End User Data mean all data information or other material about an end user that you, an affiliate or any end user provides or submits to the Services. End User Data may include card holder data and such portions of your data that relates to specific end users.
Intellectual property rights include but is not limited to patents, copyright, rights in circuit layouts, registered designs, trademarks, Object Code and Source Code of the Software and Processes.
Jurisdiction means Queensland, Australia.
License means the non-exclusive and non-transferrable licence for the term agreed given to you by Pogozo to use the Software and use the Materials relevant to the Software.
Materials mean any of our instructions, manuals, training materials, guides, commentary, listing and other materials for use in conjunction with the Software.
Merchant Terms and Conditions means the terms and conditions applying to the Payment Method chosen and utilised by you to process payments for the Software.
Notified Email Address means the email address you nominated when you subscribed to use the Software from us.
Object Code refers to the encoded program scripts that a computer can execute after the Software is compiled from its Source Code.
Payment Method means a current and valid method of payment accepted by us, which may include payment by credit card.
Personal Information means information about an individual whose identity is apparent, or can reasonably be ascertained from the information which is received or learnt by a party from any source at the consequence of or in performance of its rights and obligations under this agreement.
Pogozo Products means any website, program, software, app or system used by, owned by, sold or licensed by Pogozo.
Pogozo, we, us, our means Pogozo Australia Pty Ltd
Privacy Policy means the Pogozo Privacy Policy accessible at Pogozo.com. This may be updated by Pogozo from time to time.
Processes includes technologies, products, devices or processes.
Services means the Software Services provided by Pogozo.
Software Services means those products and services listed and described on the website from time to time.
Source Code means the high-level programming language used to create the software programs forming the Software before the program is compiled into coded program scripts (Object Code) that the computer can execute.
Third Party Offerings means any third-party products, applications, websites, implementations or services that the Services link to or that interoperate with or are used in conjunction with the Services.
Update refers to a software release to any of the Software to enhance the Software and improve any features of the Software.
Upgrade refers to a software release to any of the Software to enhance the Software and improve any features and provide additional features that are made commercially available by Pogozo and includes any corrections and updates to the associated materials.
Website means the Pogozo website at Pogozo.com and may be updated by Pogozo from time to time and any other website through which Pogozo makes the Software Service available.
Your data means any date, information or material provided or submitted or made available by you and your affiliates to the Services. Your data may include end user data and cardholder data and or their representative’s data but does not include any data that does not reveal any personally identifying information about you or any end users or is reasonably linkable to any end user or household.
General Terms
License Grant to You
3. Pogozo agrees that any use by Pogozo of any of your marks will inure solely to the benefit and goodwill of your business. Other than those rights specifically granted to Pogozo or its affiliates herein or right, title and interest in and to your marks are especially reserved by you.
Duration
Communications
Your responsibilities
Fees and Payments
Data Migration
1. For new customers transitioning from a pre-existing system, Pogozo may, at its sole discretion, offer one (1) complimentary data transfer service. This complimentary service is limited to a one-time transfer of data deemed reasonable by Pogozo. Any additional data transfer requests, or transfers deemed by Pogozo to be outside the scope of the initial complimentary service, will be subject to a separate fee. This fee will be quoted to the customer in advance, and payment will be required prior to the commencement of any such additional data transfer services. Pogozo reserves the right to determine the scope and limitations of the complimentary data transfer service.
Intellectual Property Rights
Data Ownership and Use
Confidential Information
Term, Termination and Suspension
Warranties and Disclaimer
Limitations and Exclusions of Liability
Australian Consumer Law
Indemnification
Miscellaneous
Promotions
Spam Act 2003 (Commonwealth)
Claiming Service
SMS Service
Company Information
Delivery
Maintenance of Software
Personal Information
License to use branding
Integrations with Third Party providers
Integration with Heidi Health Trading Pty Limited
1. Pogozo may offer the opportunity for users to use and or access Services and Functions provided by Heidi Health Trading Pty Limited pursuant to a Licence Agreement made between Pogozo and Heidi Health Trading Pty Limited.
2. The Licence Agreement with Heidi Health Trading Pty Limited provides that Pogozo may make the Heidi’s Services and Functionality available to Pogozo users provided that Pogozo notifies the Users and ensures that the Users comply with, the restrictions and obligations imposed on Pogozo and the Users by the terms of the Licence Agreement.3. In accordance with that obligation, if you wish to make use of Heidi’s Services and Functionality, Pogozo hereby notifies you that the restrictions imposed upon Pogozo and you as the User by the terms of the Licence agreement are to be found on the Heidi Health Trading Pty Limited website, and you as the User hereby agree to comply with the terms of the Licence Agreement as if you were a party to that agreement as a User.
Integration with Google for Google Meet
1. Pogozo may offer the opportunity for users to use and or access services and functions provided by Google via an integration with the users google account.
If you link your Google account to Pogozo for Google Meet, we store your Google authorisation tokens, basic profile information (such as your name and email address), and the calendar event details and Meet links associated with your Pogozo appointments. We retain this information only for as long as your Google account remains linked and your Pogozo account is active. If you unlink your Google account, or if your Pogozo account is deleted, we delete the Google data held in Pogozo including your authorisation tokens, profile information, and stored calendar and Meet link details from our live systems promptly, and from our encrypted backups within 30 days. Please note that any events already created in your Google Calendar remain in your Google account and are not removed by Pogozo; you can delete these directly in Google Calendar at any time.
Pogozo’s use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
Xero integration
Businesses can choose to connect their Pogozo account to Xero, the online accounting platform operated by Xero Limited. When a practice connects Xero, it authorises Pogozo through Xero’s secure sign-in, and we store the access tokens needed to keep that connection active.
Once connected, Pogozo may send the following to the practice’s Xero account:
Pogozo may also receive account information from Xero, such as chart of accounts, tax rates and payment status, so that records stay in sync.
We do not send clinical records, treatment notes or other health information to Xero.
Information sent to Xero is handled under Xero’s own privacy notice. Xero stores data on servers located outside Australia, including in the United States. By connecting Xero, the practice directs Pogozo to disclose this information to Xero for that purpose.
A practice can disconnect Xero at any time from its Pogozo settings. When it does, we delete the stored access tokens. Records already sent to Xero stay in the practice’s Xero account and are managed by the practice.
Questions