Term of Use

Terms of Service

These terms of service (“Terms”) apply to your use of the Abby software application (“Service”), the Abby website (“Website”) and any other services provided by Foundedin trading as Abby (“us”, “we”, “our”).

Your Account

Prior to accessing the service you must be a registered user and provide accurate, up-to-date and complete information at the time of registration. You are solely responsible for keeping your account details secure and you will be liable for any activity that occurs under your account. You must use all reasonable endeavours to prevent any unauthorised use of, or access to, the Service. In the event of any unauthorised access to our service you must notify us immediately.

Our Fees

Valid credit card details are required after a 14-day free trial period. Our fees are calculated per licence, with only one licence required per Cliniko account. We offer the choice of monthly or yearly subscriptions, both of which auto-renew. Users can upgrade from monthly to yearly subscriptions at any time and can downgrade from yearly to monthly subscriptions likewise.

If a user cancels their subscription, access to the application will cease immediately. We do not pro-rate any unused subscription fees already paid. If you have any questions or issues regarding billing, please contact us at hi@abby.clinic

All fees are exclusive of GST or any other taxes, levies or duties imposed by relevant authorities. Fees are subject to change upon 30 days notice from us via the Website, email or the Service itself.

Your Obligations

You agree that you will use the Services only for the purposes that are permitted under these terms. You agree that access to the services is provided on a limited, non-transferable basis for your sole use and that in using the service you must comply with all applicable laws, rules and regulations, and must not infringe or violate any third-party rights. You acknowledge and agree that any automated use of the website or service is prohibited and a breach of these terms.

You are solely responsible for your conduct and your data related to the Service and you warrant that you have all rights, licenses, authorisations and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Foundedin, its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.

Cancellation, Suspension and Termination

You can cancel your account through the Service itself or by emailing hi@abby.clinic. It is your sole responsibility to cancel your subscription. If you cancel your subscription, access to the application will cease immediately and we do not pro-rate any unused subscription fees already paid.

We reserve the right at our sole discretion to terminate your account for any reason at any time. We also reserve the right to refuse any future use of the Service.

Limitation of Liability and General Disclaimer

Abby's total liability arising out of or in connection with the Services of these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You understand and agree that Abby, its affiliates, employees, agents, contributors or licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other tangible loss.

Use of the Service or Website is at your own risk and everything provided on the Website or Service is provided “as is” and “as available” without any warranty or condition of any kind. Abby or any of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Service. This includes but is not restricted to failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus, or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

We may modify the Service at any time for any reason without notice to you. We may modify these Terms but will provide you with reasonable notice in such an event. If you do not agree to the revised Terms you must cease using the service.

This Agreement is governed by the laws of New Zealand and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.

Privacy

Abby takes your privacy seriously and any information provided through your use of the Website and or Service are subject to our Privacy Policy, which is available on our website.

Intellectual Property and Data Access

We do not claim any intellectual property rights over your data in the Service. You acknowledge that Foundedin Limited owns all rights, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by New Zealand and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

You consent to Foundedin transferring your data to third party providers, including our website host and back-up service provider, outside of New Zealand and Australia. You further consent to third party providers outside Australia and New Zealand accessing your data within the Service for the purpose of delivering the Service.

Communications

You acknowledge and agree that we may send you communications regarding your account or the Service via email from time to time. If you have requested it, we may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.

Our Details‍

Foundedin Limited
Level 1, 286 Princes Street
Central Dunedin, Dunedin, 9016
New Zealand
NZBN: 9429051685140
hi@abby.clinic