The agreement between Stoneglow Digital and your clinic for the use of ClinicTrace Australia.
ClinicTrace Australia is supplied by Stoneglow Digital, ABN 98 279 841 620, of Brisbane, Queensland. In these terms "we" and "us" mean Stoneglow Digital, and "you" means the clinic that holds the subscription.
These terms apply from the day your clinic's account is created, or from the day you first use the product, whichever comes first. If someone accepts them on your clinic's behalf, they are confirming they are authorised to do that.
Where these terms and anything else we have given you disagree, these terms apply, unless we have signed something that says otherwise.
ClinicTrace is a record keeping tool. It gives your clinic a structure to hold its compliance documents in, tells you when something is coming up for renewal, keeps a log of what was recorded and when, and produces a dated export of the lot.
It does not assess anything. It does not tell you whether your clinic complies with any law, standard, guideline or code, and nothing in it should be read as saying so. There is no score, no grade and no pass mark anywhere in the product, and that is deliberate.
We supply the structure. You supply the content. The guidance against each slot describes what belongs there and where the content usually comes from. It never drafts the document for you, and a document you write after reading it is yours and is your responsibility.
Nothing we supply is legal, clinical, regulatory or financial advice. We are a web studio, not a law firm, not a clinical adviser and not a regulator. Where something turns on the law or on clinical judgement, ask a lawyer or the relevant regulator.
The product records some matters on which the position is contested, including the custody of scheduled medicines in Queensland. Where that happens it states both positions and takes neither. It is not the drug register and must not be relied on as one. The obligation to keep a register of medicine movements sits with whoever lawfully possesses the medicine.
You can record that something the product asks for does not apply to your clinic. That is your decision about your own practice. We record it with the reason you give and take no position on whether the reason is a good one.
Everything your clinic enters or uploads remains your clinic's property. We claim no ownership of it and no right to use it beyond what is needed to run the product for you: storing it, backing it up, showing it to the people in your clinic you have given access to, and putting it in the exports you ask for.
We do not use your content to train any model, we do not sell it, and we do not share it with anyone other than the suppliers listed in the privacy policy, each of whom is there because the product cannot run without them.
You are responsible for what your clinic puts in. That includes having the right to upload it and making sure it is accurate.
The software, the slot structure, the guidance wording and the design of the audit pack are ours. Your subscription is a right to use them while it runs, for your own clinic. It is not a sale and it is not exclusive.
You may print and keep anything the product produces for your clinic, including the audit pack, for as long as you like. That right survives the end of the subscription.
You may not resell the product, copy the guidance into another product, or give someone outside your clinic access to it. Showing an assessor, an insurer or your own lawyer what your clinic holds is not that, and is expected.
If you tell us how to make the product better, we may act on it without owing you anything. We will not repeat anything confidential about your clinic in doing so.
This product is built so that there is nowhere for patient information to go. No field anywhere in it is for a patient's name, date of birth, Medicare number or clinical details, and we will not add one.
You must not upload a document containing patient identifiable information. A consent form, a treatment record, a photograph of a patient and a letter naming a patient are all examples of things that do not belong here.
We do not inspect the contents of your uploads, so this rule is one you have to keep rather than one we can enforce for you. If you tell us that patient information has been uploaded by mistake, we will help you remove it and we will record what was removed and when.
Use the product for your own clinic's record keeping and not for anything else. In particular, do not:
If you do any of that, we will tell you and ask you to stop. If it is serious or continues, we can suspend access while we sort it out. We will not suspend an account without telling you why, and while a suspension is in place you can still export your records.
You can produce a complete export of your clinic's records at any time from inside the product, without asking us. It is one file, it opens in any browser with no login and no internet connection, and your uploaded files are embedded in it.
That is deliberate. A compliance tool your clinic cannot get out of is a compliance risk of its own, and an export you can only get by emailing us is one you cannot get on a Sunday.
We will not withhold an export, including where an invoice is outstanding and including during a suspension.
Your records and the files you upload are stored in Sydney. The application runs in Sydney. The nightly off-site copy is held in Sydney.
Email is the exception and we would rather say so than have you find out. Sign-in links and reminder emails are sent through a provider that has no Australian region and sends from Tokyo. What passes through it is the email itself: a clinic name, a recipient address, and the names and dates of the records falling due. Your uploaded files and the body of your records never leave Sydney.
The privacy policy names every supplier, what each one does and where it is. We can change a supplier, and if we do we will keep the storage of your records in Australia and tell you before it happens.
There are no passwords. Signing in sends a one-time link to the email address on the account, so the security of that mailbox is the security of your records. Owners and administrators must also set up a second factor, and cannot use the product until they have.
You are responsible for who you invite and for removing people who leave. Tell us promptly if you think an account has been reached by someone who should not have it.
We will tell you if we become aware of a breach affecting your records, what it means for you, and what we are doing. The privacy policy sets out how.
We aim to keep the product available and we will tell you when it is not. There is a status page that reports what is answering, and an incident plan that says what we do and when we tell you.
We do not offer a guaranteed uptime figure, because we would rather give you nothing than a number we cannot stand behind. One person runs this service and there is no overnight roster. If that changes, this paragraph changes with it.
This is why the export exists and why we suggest you keep a copy of the most recent one. An outage here should never be the reason your clinic cannot produce its records.
We may take the product down for maintenance. Where we can plan it, we will give you notice and do it outside Australian business hours.
The subscription is $1,190 + GST per year, billed yearly in advance. Prices are exclusive of GST, and GST is added where it applies.
Prices may change on renewal. We will tell you at least 30 days before a renewal at a new price, and you can decline it by ending the subscription before it renews.
We invoice and you pay within the terms on the invoice. If an invoice goes unpaid we will contact you before doing anything else, and we will not delete your records over an unpaid invoice without telling you first and giving you a chance to export them.
You can stop at any time by telling us. The subscription runs to the end of the period you have paid for, and we do not refund part of a year unless we have failed to supply the service.
We can end it by giving you at least 30 days notice, or immediately if the account is being used to break the law or to store patient information after we have asked you to stop.
When a subscription ends, this is what happens:
There is no undo. We will remind you before it happens.
A practitioner or administrator who leaves your clinic can be removed without erasing the clinic. Ask us and we will do it.
Their entries in the activity log stay. The log is append-only and records who did what and when, which is the point of having one, so removing someone's account does not remove the record that they acted. The log keeps their name and email as they were at the time of each entry.
We will not disclose what is in your clinic's account to anyone outside the suppliers named in the privacy policy, except where the law requires it or where you ask us to.
If you are given access to anything of ours that is not public, treat it the same way.
This obligation continues after the subscription ends.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded by agreement. Where the law says a guarantee applies, it applies, and anything here that would limit it does not.
Where the law allows us to limit our liability, we limit it to re-supplying the service or refunding the fees you have paid for the 12 months before the event, at our option.
Neither of us is liable to the other for loss of profit, loss of opportunity or any loss that is indirect, so far as the law allows that.
We are not liable for a decision your clinic makes about its own compliance, for a regulator's view of your records, or for a document you wrote after reading our guidance. Those are yours.
We are also not liable for losses caused by something outside our reasonable control, including a failure by one of the suppliers named in the privacy policy, a failure of your own internet or email, or records your clinic never entered. Where something outside our control stops us supplying the service, we will tell you and we will not charge you for the time it is down.
You are responsible for losses caused by uploading patient information after we have asked you not to, or by giving someone access who should not have had it.
Tell us first and give us a fair chance to fix it. Most things are a misunderstanding about what the product does, and those are quicker to resolve in a conversation than anywhere else.
If that does not settle it within 30 days, either of us can take it further. Nothing here stops either of us going to court urgently where that is genuinely needed, or stops you complaining to a regulator or an ombudsman.
We can change these terms. If a change matters to you we will tell you at least 30 days before it takes effect, and if you do not accept it you can end the subscription and take a pro rata refund of the unused part of the year.
Every version carries a version number and a date, and we keep the old ones. Ask and we will send you the version that applied on any date.
We can use sub-contractors to help run the service, and we stay responsible for what they do. We can transfer this agreement to someone who buys the business, and we will tell you if that happens. You can transfer it if your clinic changes hands, with our agreement, which we will not withhold without a reason.
If either of us does not enforce something straight away, that does not mean we have given it up.
If something in these terms is unenforceable, the rest of it still stands.
Notices to you go to the email address on the account. Notices to us go to the address below. A notice by email is given when it is sent, unless it bounces.
The sections about your content, what we own, confidences, liability and the end of a subscription continue to apply after the subscription ends.
The law of Queensland, Australia, applies, and the courts of Queensland have jurisdiction.
Write to Stoneglow Digital, Brisbane, Queensland, or use the address on your invoice. We answer in business hours, Brisbane time.