Terms of Service

1.About these terms

These Terms of Service (Terms) are an agreement between Genesys Digital Pty Ltd (ABN 12 683 461 663), trading as Appointment Catcher (we, us, our), and the business that signs up for our service (you, the Client).

By paying for or using the service, you agree to these Terms and to our Privacy Policy. If you sign up on behalf of a business, you confirm you are authorised to bind that business.

The service is for businesses. It is not intended for personal, domestic or household use.

2.The service

Appointment Catcher is a missed-call text-back service. When a call to your business number goes unanswered and is forwarded to the dedicated number we provide, the service:

• sends the caller (Caller) a text message from your business, in wording you approve;
• sends you a text alert with the Caller's number;
• forwards any text reply from the Caller to your nominated mobile; and
• avoids sending the same Caller more than one automatic text within one hour.

The service runs on third-party platforms, including HighLevel and Australian telecommunications carriers. We may change or improve how the service works, as long as the core service described above stays substantially the same.

3.Setting up

After you sign up, we will give you a dedicated number and set-up instructions. To use the service you need to:

• set up call forwarding on your business phone so that unanswered or busy calls go to your dedicated number, and keep it switched on;
• give us accurate details, including your business name and the mobile number that should receive alerts, and tell us if they change; and
• test the service once it is set up, and let us know promptly if anything is not working.

Your phone provider may charge you for forwarded calls. Those charges are your responsibility. You can switch call forwarding off at any time from your phone, which pauses the service.

4.Fees and billing

• The service costs $199 per month plus GST ($218.90 including GST), unless we agree a different price with you in writing.
• Fees are charged monthly in advance to your nominated card, starting on the day you sign up, and renew automatically each month until you cancel.
• We will issue a tax invoice for each payment.
• If a payment fails, we will let you know and may suspend the service until payment is made.
• We may change our prices by giving you at least 30 days' notice by email. If you do not agree to a price change, you can cancel before it takes effect.

5.Fair use

Your subscription includes up to 500 outbound text messages per month (a long message may count as more than one), which covers normal use for most clinics. If your account regularly goes over this, we will contact you to discuss a suitable plan or additional charges before anything changes. We may limit sending if usage looks automated, abusive or unlawful.

6.Our 30-day booking guarantee

If the service has not won you a booking within the first 30 days after your first payment, we will refund your first month's payment in full and cancel your service, as long as all of the following apply:

1. You set it up promptly. Call forwarding to your dedicated number was switched on within 7 days of your first payment, and stayed on for the rest of the 30-day period.
2. You followed up every lead. For every missed-call alert or Caller reply the service sent you, you (or your team) called or texted that Caller back within one business day.
3. You can show it. You send us reasonable evidence of those follow-ups, such as screenshots of your phone's call and message history, or records from your booking system.
4. No Caller booked. None of the Callers who were sent a text by the service booked an appointment with your business during the 30-day period.
5. You claim in time. You email [email protected] or text us to claim within 37 days of your first payment (the 30-day period plus 7 days to gather your evidence).

A booking means any appointment or consultation made by a Caller who was sent a text by the service, whether it was booked by phone, text, online or in person, and whether or not they later attended.

If fewer than 5 missed calls reached the service during your first 30 days, there has not been a fair chance to test it. In that case, instead of a refund, we will extend your service by a further 30 days at no charge, and the guarantee will apply to that extended period.

• The guarantee applies to your first month only, and once per business.
• We will review your claim within 5 business days. Approved refunds are made to the original payment method, usually within 10 business days.
• This guarantee is in addition to your rights under the Australian Consumer Law (see section 11), which are not affected.

7.Cancelling

There is no lock-in contract. You can cancel at any time by emailing [email protected] or texting us. Your service will continue until the end of the month you have already paid for, and you will not be charged again. Apart from our 30-day booking guarantee and your rights under the Australian Consumer Law, we do not give refunds for part months.

When you cancel, remember to switch off call forwarding on your phone, or your missed calls will no longer reach a voicemail service.

8.Your responsibilities

You must use the service lawfully and responsibly. In particular, you agree that:

• Your message wording is your responsibility. It must be accurate and must comply with all laws and professional rules that apply to you, including the Therapeutic Goods Act 1989 (Cth) and its advertising rules, and any AHPRA or professional body requirements. For example, texts should not promote prescription-only medicines or treatments.
• The service is used only to reply to people who have called your business. You will not use it to send marketing, bulk or unsolicited messages.
• You will comply with the Spam Act 2003 (Cth). Each text identifies your business, and opt-out (STOP) requests are honoured.
• You will not ask Callers to send detailed health information by text, and you will move clinical conversations to your usual secure channels.
• You are responsible for responding to Callers and for any bookings, advice or treatment you provide. We do not communicate with Callers on your behalf beyond the automatic messages you have approved.
• You will keep any login details secure and tell us promptly about any unauthorised use.

9.Caller information and privacy

As between you and us, you are responsible for your relationship with your Callers and for having your own privacy practices in place. We handle Caller information on your behalf and in line with our Privacy Policy. We will not use your Callers' information for our own marketing or sell it to anyone.

After you cancel, we will delete or de-identify your Caller records within 90 days, unless you ask for earlier deletion or the law requires us to keep them.

10.Service availability

We work hard to keep the service running reliably, but it depends on things outside our control, including telephone and mobile networks, your call forwarding settings, your phone and provider, and third-party platforms. We do not guarantee that every call will be forwarded, that every text will be delivered, or that delivery will be immediate. We may need to pause the service briefly for maintenance or urgent fixes, and we will try to keep any interruption short.

11.Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, that cannot lawfully be excluded or limited.

Where the law allows us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the service again or paying the cost of having the service supplied again.

12.Limitation of liability

To the maximum extent permitted by law, and subject to section 11:

• we are not liable for any indirect or consequential loss, or any loss of profits, revenue, bookings, clients, data or goodwill, however caused; and
• our total liability to you in connection with the service and these Terms is limited to the total fees you paid us in the three months before the event giving rise to the claim.

13.Indemnity

You agree to indemnify us against any claims, losses and costs (including reasonable legal costs) arising from your breach of these Terms, the content of your messages, or your breach of any law, except to the extent the loss was caused by our own breach or negligence.

14.Suspension and termination

We may suspend or end your service, with notice where reasonably possible, if you do not pay, if you seriously or repeatedly breach these Terms, if your use of the service is unlawful or puts our service or other customers at risk, or if a platform or carrier we rely on requires it. If we end the service for a reason that is not your fault, we will refund any fees you have paid for the period after it ends.

15.Intellectual property

We, or our licensors, own the service, our website and our materials. You keep ownership of your business name, branding and message content, and you give us permission to use them only to provide the service to you.

16.Changes to these terms

We may update these Terms from time to time. We will give you at least 30 days' notice by email of any change that materially affects you. If you do not agree to a change, you can cancel before it takes effect. The current version will always be on this page.

17.General

• These Terms are governed by the laws of New South Wales, and you and we submit to the courts of New South Wales.
• If any part of these Terms is found to be invalid or unenforceable, the rest continues to apply.
• These Terms, together with our Privacy Policy and any price or arrangement we agree with you in writing, are the entire agreement between us about the service.
• If we do not enforce a right straight away, we can still enforce it later.
• You may not transfer your account to another business without our agreement.

18.Contact us

Genesys Digital Pty Ltd (ABN 12 683 461 663), trading as Appointment Catcher
Sydney, New South Wales
Email: [email protected]
Phone: 0432 403 076