Terms of Service

Heart Digital Pty Ltd ABN 26 368 381 354 (‘Heart Digital’) of Queensland, Australia, makes available this website (https://www.heartdigital.com.au/) and any related services for your use.

When you use our website, you agree to be automatically bound by these Terms of Service. These Terms of Service are to be read together with our privacy policy found at https://www.heartdigital.com.au/privacy-policy/, program terms, disclaimers and any other formal written terms published on our website or written agreements between us, collectively referred to as ‘terms’. These terms together form our entire agreement with you.

We encourage you to carefully read and understand these terms before using our website. If you do not agree with these terms, your remedy is to stop using our website, or any other services provided by Heart Digital.

We may update these terms from time to time and the updates will apply from the date the new version is uploaded to our website. We have included a ‘last updated’ date at the top of our terms to help you keep track of any changes. You should regularly check here for any recent changes that are relevant to you and displayed on our website each time you use our website.

If you have any concerns, questions or feedback for us, please contact us using the below details and we will usually respond to your queries within fourteen (14) business days.

100 Enquiries in 100 Days Guarantee 

By engaging in the Heart Digital “100 Enquiries in 100 Days” program, you agree to the following terms and conditions:

• Eligibility
  • The guarantee is available exclusively to businesses that signed up for the designated marketing package that includes the “100 Enquiries in 100 Days” guarantee.
  • To qualify for the guarantee, you must follow all the required steps and recommendations provided by Heart Digital to ensure optimal results.
• Campaign Scope
  • The additional “100 Enquiries in 100 Days” guarantee is based on patient enquiries through digital channels, such as website forms, calls, or appointment requests generated by the marketing efforts of Heart Digital.
  • This offer includes digital marketing strategies that may involve, but are not limited to, SEO, Google Ads, social media marketing, email marketing, and conversion rate optimization.
• Client Responsibilities
  • The client must provide timely access to relevant business information, website backend, analytics tools, and marketing platforms.
  • The client must implement any necessary website changes or follow Heart Digital’s recommendations to ensure the campaign’s success.
• Exclusions
  • The guarantee does not apply in cases where patient enquiries are hindered by factors outside of Heart Digital’s control, such as technical issues with the client’s website, server downtime, or a lack of responsiveness from the client’s team.
  • Enquiries that are spam, duplicates, or irrelevant inquiries (not related to the clinic’s services) will not count towards the 100-enquiry target.
• Guarantee Fulfilment
  • If Heart Digital does not generate 100 valid patient enquiries within 100 days, we will continue working for free until the target is met, provided that the client has fulfilled all their responsibilities.
  • The extended work period will not include additional third-party advertising spend, which remains the client’s responsibility.
• Cancellation and Termination
  • Heart Digital reserves the right to terminate the agreement if the client fails to provide necessary cooperation, materials, or timely responses.
• General Provisions
  • The guarantee is subject to any applicable laws and regulations governing advertising, marketing, and healthcare practices in Australia.
  • Heart Digital reserves the right to modify or discontinue this guarantee at any time without notice, except for ongoing campaigns already in effect.

For any questions or clarifications, please contact Heart Digital directly.

Contact us

Heart Digital Pty Ltd
ABN: 26 368 381 354
admin@heartdigital.com.au
PO Box 195 Clayfield QLD 4011

When you see the words, ‘us’, ‘ours’, ‘we’, or ‘Heart Digital’ these refer to the business of Heart Digital Pty Ltd. When we refer to ‘our website’, we mean this website and any other website operated by us. Our website can also include all forms of digital media and expression, such as social media pages, platforms, email communications, blogs, images or information published on our website.

We may refer to you as ‘you’, ‘your’, ‘user’, or ‘clients’ and we mean you, the person or business who is using our website and any additional features.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, imitate, prepare derivative modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Heart Digital provides;
5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any applicable laws or regulations;
7. use this website in conjunction with sending unauthorised advertising or spam;
8. harvest, collect, or gather user data without the user’s consent;
9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties; or
10. use our website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business.

Intellectual Property

The intellectual property in the content and materials contained in this website are owned by or licensed to Heart Digital and are protected by applicable international copyright and trademark law. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.

This constitutes the grant of a licence, not a transfer of title. This licence will automatically terminate if you violate any of these restrictions or our terms, and may be terminated by Heart Digital at any time.

Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our website or any site accessible through our website.

Except as otherwise expressly granted to you in writing, we do not grant you any other person express or implied right or licence to our website content or our intellectual property.

Copyright Infringement

Names of businesses, business logos, images, products and descriptions posted on our website by third parties are the responsibility of those third parties and may be subject to trademark or copyright. You must seek permission from the third party before using any of their content, logos or images.

If you believe that there is material on our website that infringes third party intellectual property rights, please contact us in writing, with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a licence from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The licence you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the licence will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Testimonials

We may publish testimonials on our website about our services or about your experiences using our businesses’ products and services, at our discretion, to promote our services.

You agree that we can publish your star rating and/or testimonial about a product or service you have enjoyed, without remuneration or reward. Your testimonial may include your name and the month and year of testimonial posting.

Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Heart Digital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. The content of our website may include errors such as typographic or photographic errors and we do not warrant that any information is accurate, complete or up to date.

Heart Digital or its suppliers will not under any circumstances be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Heart Digital or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our website in any way, subject to the requirements of Australian Consumer Law. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited to the greater of the amount we have received in payment from you in the six months immediately preceding the claim, or one hundred dollars ($100.00 AUD) only. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of our website or the services found on our website.

Indemnity

Unless the claim was caused by or substantially contributed by us, or the cause of the claim was outside of your control, you agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including court costs, collection costs, and reasonable legal fees to the extent permitted by law) related to:

• any content you post via our website, membership portals or social media
• your unauthorised use of our website
• your use of products or services included or advertised on our website
• your breach of these terms and conditions.

Effectively this means that if you cause a claim, you will be responsible for paying the costs we incur to have to defend that claim.

Security

Online security and data protection are extremely important to us, and we make great efforts to maintain the security of our website. Unfortunately, however, we cannot absolutely guarantee the security of our website, our records, or your content. We do not warrant that our website is completely free from viruses, malware or similar damaging code.

You are encouraged to install and maintain the latest update of security software on your computer or device before using our website or visiting any Linked Site. We expressly disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time. It is your responsibility to provide stable and secure internet access to view our website.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Heart Digital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Heart Digital has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. Your decision to visit any Linked Site remains your responsibility. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement, approval, or control by Heart Digital of the site. Use of any Linked Site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us from your use of any of our website or materials.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our website, or with regard to information provided to or gathered by us with respect to your use.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these terms immediately upon written notice to you for any breach of these terms.

Severance

Any term of these terms, including warranty disclaimers and liability limitations, which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable, with the preservation of the intent of the original provision and the remainder of the terms to continue in effect. The validity of the remainder of these terms is not affected.

Governing / Applicable law

This agreement is governed by the laws of Queensland, Australia without regard to conflict of law principles, and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of any of our website.