Updated: 17/02/24
Thank you for visiting our Terms of Use. We are Whippet Notes Pty Ltd ACN 674 427 224 (Whippet Notes, we, our, us and other similar terms). We provide a software application that enables veterinarians to record and obtain transcribed notes regarding consultations, known as Whippet Notes (Whippet Notes). This Agreement outlines the terms and conditions associated with your use of Whippet Notes. It is your obligation to ensure that you have read, understood and agreed to the most recent terms available at www.whippetnotes.com (Website).
By creating a Whippet Notes Account, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using Whippet Notes.
Whippet Notes is not intended for and may not be used by children under the age of 18. By using Whippet Notes, you represent that you're at least 18 years old.
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined throughout the Agreement or in clause 16. They aid to clarify the terms and conditions. Please feel free to email us at support@whippetnotes.com if you have any questions.
This Agreement will commence when you create an Account with Whippet Notes and will continue until the date of termination of this Agreement in accordance with clause 17.
If this Agreement is not terminated in accordance with clause 17, this Agreement will automatically renew for a period equal to the current Subscription Period.
We grant you a non-transferrable, non-exclusive and revocable licence to access Whippet Notes for the Subscription Period, subject to the terms and conditions of this Agreement.
The grant of the licence to access Whippet Notes in clause 4.1 is subject to your compliance with the terms of this Agreement and the following specific restrictions:
We reserve the right to limit or suspend your licence to access Whippet Notes if you fail to pay the Subscription Fee, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement. Suspending your account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Subscription Fee.
We may make available Subscription Plans or new features free of charge, solely on a demonstration or trial basis (Beta Services).
You can sign up for Beta Services through our Website and you may terminate your Account at any time (Beta Period). Access to Whippet Notes will automatically continue at the expiration of the Beta Period unless either party gives notice that the Beta Services are to conclude.
Where trial plans are made available as part of our Beta Services, and unless otherwise expressed to you, such trial plans will automatically revert to free plans wherever possible.
We provide the Beta Services “as is” and without warranty or indemnity, to the extent permitted by law, and all other terms of this Agreement otherwise apply.
You agree to report any bugs or issues and provide us feedback, in relation to the Beta Services during and after the Beta Period.
Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are inclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement.
You are responsible for all bank fees and charges applied by the payment gateway provider, which you choose to use.
You acknowledge and agree Whippet Notes will only be accessible using the internet, by users with a valid Account and will not be available "locally" from your own servers or devices.
You acknowledge that Whippet Notes requires access to your computer or device’s microphone and that the system will not function as anticipated unless you grant the necessary authority. In order to make full use of the mobile application version of Whippet Notes you must allow your device access to the following services: data connectivity; email; storage; and phone.
You acknowledge that access to certain features or content may be subject to restrictions or limitations based on your selected Subscription Plan or other factors.
Support for Whippet Notes is provided in app and via our dedicated support email support@whippetnotes.com.
If it is necessary to interrupt your use of Whippet Notes, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, Whippet Notes will be unavailable.
You acknowledge access to Whippet Notes may be changed, interrupted or discontinued for many reasons, some of which are beyond our control (such as failure of telecommunication links and equipment) and during routine maintenance there may be updates or upgrades to Whippet Notes which may change the interface and manner in which it functions.
You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such interruptions will not constitute a breach by us of these terms.
In order to use Whippet Notes, you are required to provide us with Personal Information and create an Account with us.
You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects. You will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.
You acknowledge and agree that you have no ownership or other proprietary interest in your Account and that all rights in and to your Account (except User Content) are owned by us. We reserve the right to reject any new Account in our absolute discretion.
Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process on your behalf, remains safe. We work hard to keep Whippet Notes secure and we ask you to contribute.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via Whippet Notes, whether such activities are authorised by you or not. You agree to immediately notify us of any unauthorised use or access of Whippet Notes or any other breach of security.
Where you make Accounts available to your staff, you are solely responsible for the administration, creation and deletion of those accounts. We are in no way liable for your failure to restrict your staff’s or prior staffs usage of Whippet Notes.
You undertake not to upload, store or access any data on Whippet Notes if such access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
You may only acquire and make use of Whippet Notes for the sole purpose of meeting your internal business needs. You must not use or include any part of Whippet Notes in any service bureau or fee generating service offered to third parties. You must not:
The Whippet Notes mobile applications are available from Google Play and the Apple App Store (App Marketplace Providers).
This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for Whippet Notes, and we are solely responsible for:
The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of Whippet Notes and any other remedies under consumer protection law. Your right to use the mobile version of Whippet Notes is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.
The App Marketplace Provider may monitor your use of Whippet Notes and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.
If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree and consent to us handling your Personal Information or any other of your sensitive information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.
Certain components or features of Whippet Notes may include materials from third parties and/or links to other websites, data, resources, services or content that are operated by third party service providers that are not affiliated with us (Third Party Services and Content). You acknowledge and agree that we are:
You acknowledge and agree the use of any Learning Model within Whippet Notes carries a statistical degree of uncertainty and its capability is limited to and reflective of the training data.
When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, transferable right and license to use, host, store, reproduce, modify, train Learning Models associated with the existing or future variations of Whippet Notes, create derivative works of (such as those resulting from translations, transcriptions, recordings, adaptations or other changes we make so that User Content works better with Whippet Notes), communicate, publish, and distribute User Content for the purposes of allowing us to provide, improve, promote and protect Whippet Notes.
We may use User Data for data aggregation, analytical or other purposes including, economic, commercial and social analysis and we may use such information for both commercial and academic purposes.
You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within Whippet Notes.
You acknowledge and agree that our role is strictly to assist in generating records based on your User Content uploaded on to Whippet Notes. You bear full responsibility for the legality, accuracy and completeness of your User Content, as well as obtaining consent from your patients/clients before granting us access to any User Content through Whippet Notes.
If you provide us with content, including, without limitation, text, photos, images, audio, video, code and any other materials (User Content). Your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, transferable right and license to use, host, store, reproduce, modify, train Learning Models associated with the existing or future variations of Whippet Notes, create derivative works of (such as those resulting from translations, transcriptions, recordings, adaptations or other changes we make so that User Content works better with Whippet Notes), communicate, publish, and distribute User Content for the purposes of allowing us to provide, improve, promote and protect Whippet Notes.
We may use User Data for data aggregation, analytical or other purposes including, economic, commercial and social analysis and we may use such information for both commercial and academic purposes.
You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within Whippet Notes.
You acknowledge and agree that our role is strictly to assist in generating records based on your User Content uploaded on to Whippet Notes. You bear full responsibility for the legality, accuracy and completeness of your User Content, as well as obtaining consent from your patients/clients before granting us access to any User Content through Whippet Notes.
We retain all right, title, and interest in and to Whippet Notes.
We warrant that we own or have a licence to use the Intellectual Property in Whippet Notes.
You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:
We aim to provide the best possible user experience, however, subject to the Non-excludable Conditions and to the fullest extent permitted under the law, we make no warranties or guarantees that Whippet Notes is fault free, regarding Whippet Notes’s fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to Whippet Notes including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the maximum extent permitted at law, we exclude any warranty as to the accuracy of any Third Party Services and Content, and you acknowledge and agree that such Third Party Services and Content are outside of our control.
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential, indirect, incidental, special or punitive losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
To the fullest extent possible under the law, we limit our liability for any breach to:
You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection your infringement of any third party Intellectual Property rights associated with this Agreement, any harm to, claim or action by a third party (including to that third party’s personal property) which arise directly or indirectly from your use of Whippet Notes and your breach of any law including, Privacy Law.
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 16 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days, then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 16. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 16 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
Either party may terminate this Agreement by providing the other party notice in writing. Notifying us by making use of any cancellation within Whippet Notes constitutes written notice. Termination will take effect, at the end of the then current Subscription Period.
Either party may terminate this Agreement if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy
Upon termination: you must immediately stop using Whippet Notes; we reserve the right to permanently erase any data or User Content associated with your Account; and you will no longer have access to your Account.
Assignment – Neither party may assign, encumber, declare a trust over or otherwise create an interest in its rights under this Agreement without the other party’s consent, which must not be unreasonably withheld.
Entire Agreement - This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
Governing law - The laws of Queensland govern this Agreement. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.
Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
Relationship - Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.
Severability - Any provision of this Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.
Variations to this Agreement - We may vary this Agreement by giving written notice to you. If you do not accept the terms of the variation, you may terminate your subscription in accordance with clause 17. The variation takes effect at the beginning of the next Subscription Period.
Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Account or Whippet Notes Account means the username and access credentials used when you access Whippet Notes and includes any account created by you to access Beta Services.
Agreement means these terms of use, the Privacy Policy and any document incorporated into them by reference.
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, know-how, show-how, patents, plant varieties, recipes, trademarks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Learning Model means the output of a machine learning or other artificial intelligence platform consisting of machine-readable data trained or trainable from data inputs.
Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Payment Terms mean the requirement to make payment immediately on commencement of this Agreement and each subsequent Renewal Date in accordance with the Subscription Plan selected.
Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Privacy Law means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.
Privacy Policy means the privacy policy available on our Website as amended by us from time to time.
Subscription Fee means the monthly or annual price for the Whippet Notes Subscription Plan as set out on our Website.
Subscription Plan means any one of the subscription plans advertised on our Website from time to time.
Subscription Period means the period of time attached to the Subscription Plan which you sign up for.
You or your means the person or entity using Whippet Notes.
Us, we or our means Whippet Notes Pty Ltd ACN 674 427 224.
Website means the website located at www.whippetnotes.com and any of its subdomains.
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