|
This document is eClinic's Terms of Use. It sets out the Terms of Use
under which we (eClinic Pty Ltd ABN 80 092 450 274) provide our Services
to you. In this Terms of Use "you" or "your" refers to persons using our
Services.
A persons acceptance of the '"Accept" button constitutes their consent and
confirms their agreement to be bound by:
| (a) |
the terms and conditions of this Terms of
Use; |
| (b) |
their compliance with the Privacy Policy; and |
| (c) |
all other principles, laws and regulations
governing the protection and security of personal, sensitive and health
information in the health industry. |
We may amend this Terms of Use (and the Privacy Policy) at any time by posting
the amended terms on our Site or by notifying you by email. The obligation
is on you to check the Site to monitor whether any such amendments have
been made. Your continued use of the Services will constitute your acceptance
of any such amendments.
1. Our Services
Services: The services collectively outlined below are referred
to in this Terms of Use as the "Service(s)". The Services are accessible
and used by Persons at the eClinic website located at www.eclinic.com.au
(the "Site") or by installation or download of the Secure Medical Services
Client ( the "Client" ). The Site includes other web site pages accessed
beneath the home page. The Services include:
| (a) |
the electronic transmission of patient
pathology and radiology requests and test results between medical
centres and/or health professionals and pathology and radiology centres;
|
| (b) |
the electronic ordering of medical
supplies as requested by medical centres and/or health professionals;
and |
| (c) |
other services with persons who may
access the Services, including the provision of information about
eClinic and other health companies and products, and the provision
of content and delivery of third party health and medical information
by email, bulletin boards, and news updates. |
Collectively, these are the Services.
Each of these Services may have its own subsidiary Terms of Use. The entire
agreement between you and eClinic is this Terms of Use together with any
Service specific Terms of Use. To the extent of any inconsistency between
this Terms of Use and any subsidiary Terms of Use, this Terms of Use takes
precedence.
These Services are provided to Persons defined as " Medical approved practitioners
that register with eClinic to access, use and participate in the Services
and programs offered by eClinic ("Registered Users"). The Registered Users
access, use and participate in the Services to facilitate the provision
of health care services to their respective patients ("Patients")".
2. Use of our Site and Services
Our Services are available only to Persons in Australia who can form legally
binding contracts under Australian law. Without limiting the foregoing,
our Services are not available to persons under 18 years of age. However,
if you are under 18, you may use our Services if authorised by your parent
or guardian over the age of 18. If you do not qualify, then you must not
use our Services.
Additionally, in order to use some Services you may be required to register.
Once you have completed the registration process, you may be assigned
a password which you will be required to enter before using the Services.
The Services provided by eClinic are for your personal use and you agree
not to re-sell these Services to another person or make commercial use
of the Services without the express consent of eClinic.
You must not interfere with or disrupt the Service, equipment or other
users of the Service in a way that would cause any interruption, damage,
impairment or loss of efficiency to the Service, equipment or to other
users of the Service. Such interferences or disruptions include, but are
not limited to, the mass distribution of unsolicited advertising and email,
the sending of threatening or harassing email messages, the forgery or
attempted forgery of email messages, the propagation or dissemination
of computer viruses or using the network to hack or make unauthorised
entry into our Site or Service or any other computer or machine accessible
from the Service.
3. System integrity
When using our Services you must not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Services
or any activity conducted at the Site. You may not take any action which
imposes an unreasonable or disproportionately large load on our infrastructure.
Where we have assigned a password to you, you must not disclose your password
to any other person or use your password for any unauthorised purpose.
If you lose your password or if it is disclosed to any other person, please
contact us at info@eclinic.com.au.
4. Your personal information
While using our Services you may be given the opportunity to enter or provide
information or content. This content may be personal about yourself or
it may be content for use about yourself, in order to gain access to that
Service. Also, you may be given an opportunity to post information, for
example, on a bulletin board, email list or messaging service within our
Site. Your personal information includes any information you provide to
us or other users while using our Services or through any other Service
we provide (Personal Information).
You must ensure that Personal Information and any information you provide in
relation to your use of our Services:
|
(a)
|
is not fraudulent; |
|
(b)
|
does not infringe any third
party's copyright, patent, trade mark, trade secret or other proprietary
rights or rights of publicity or privacy; |
|
(c)
|
does not violate any law, statute,
ordinance or regulation; |
|
(d)
|
is not defamatory, libelous,
unlawfully threatening or unlawfully harassing; |
|
(e)
|
is not obscene; |
|
(f)
|
does not in any way impinge
on another user's use or enjoyment of the Site or Services; and |
|
(g)
|
does not contain any
computer viruses. |
To enable us to lawfully use your Personal Information, you agree to grant
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright and publicity
rights (but no other rights) you have in Personal Information, in all
media now known or not currently known, with respect to Your Information.
You also agree to waive in our favour any moral rights or similar rights
you may have or may acquire in the future in that Personal Information.
We will only use Personal Information in accordance with this Terms of Use
and our Privacy Policy.
You acknowledge and agree that we may take any action with respect to your
Personal Information if we deem it necessary or appropriate in our sole
discretion: for example, if we believe your Personal Information may create
any liability to us.
If we reasonably believe or if a government department, government agency or
law enforcement agency informs us that there is any information on our
Site which is in contravention of, or may contravene, any law, industry
code of practice, policy, guideline or regulation, or if there is any
information on our Site which comes to our attention and we think that
it may so contravene, you agree that we have the right in our absolute
discretion to remove that information or any part of that information
from our Site.
5. Privacy
Our Privacy Policy (as it appears from time to time) is available at www.eclinic.com.au.
We will take reasonable steps to abide by this policy and all Persons
of the Services hereby agree to its Terms of Use and agree to act in accordance
with the policy when using this Services.
If you do not agree to the collection of this information and the other information
specified in the Privacy and Security Statement, then please do not accept
these Terms of Use.
By accepting the terms and conditions of this Terms of Use, you also consent
to the collection, use and disclosure of your personal information in
certain circumstances. These are described in the Privacy and Security
Statement.
6. Links
Part of our Site may have links through to web pages not controlled, associated
or affiliated with eClinic. We are in no way responsible for any content
appearing on such a web page. Also, the fact that a link to such a web
page may be included on our site does not mean that we in anyway endorse
or are associated or affiliated with that site or any of its content.
We are not responsible for any loss or damage suffered by your use of
the Services or any dealings you may have with Services offered on any
site of a third party.
7. Intellectual Property
All text, graphics, software on the Sites (including where included in advertisements)
(Content) is the copyright of eClinic unless indicated otherwise. The
Content is protected by intellectual property laws.
eClinic authorises you to use the Content for your own personal and non-commercial
use. You are not authorised to modify, copy, republish, frame, or distribute
this Content other than as expressly provided.
8. Breach and Termination
If you breach this Terms of Use we may immediately issue a warning, temporarily
suspend or permanently prevent your access to all or certain parts of
our Services. In any event, we may terminate this Terms of Use (and your
right to use any of the Services or the Site) at any time and for any
reason without prior notice to you.
9. Limit of liability
We provide our Site and Services "as is" and without any warranty or condition,
express or implied. To the maximum extent permitted by law, we specifically
exclude warranties implied by law in relation to title, merchantability,
fitness for a particular purpose and non-infringement of third party rights
in respect of goods and services supplied through the Services. We will
not be liable for any lost profits or any special, incidental or consequential
damages (however arising, including negligence) arising directly or indirectly
out of or in connection your use of the Services.
The following limitation of liability applies if the Australian Trade Practices
Act 1974 or any consumer protection legislation of any Australian State
or Territory applies to you. To the extent permitted by law we limit the
remedies available under this Terms of Use, and our liability for breach
of a condition or warranty implied by law legislation to the following
remedies (the choice of which is to be at our sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring
equivalent goods; or
- the payment of the costs of having the goods repaired;
- and in the case of services:
- supply of the services again; or
- the payment of the cost of having the services supplied again.
- Nothing in this Terms of Use is intended to limit or exclude any
liability on our part, where and to the extent that applicable law
prohibits such exclusion or limitation.
In relation to web sites outside our Site and Services, we exercise no
control over the material which may be accessed and the goods and services
which may be acquired at such sites. You must exercise your own judgement
as to whether to access the web sites and acquire goods and services of
unrelated third parties.
In relation to the Services, we facilitate the (electronic) interaction
between yourself and various third party suppliers of goods and/or services;
however, we do not exercise any control over the material and content
of the Services. Accordingly, we do not accept any liability for the accuracy
of such content.
10. Indemnity
You indemnify us against any action, liability, claim, loss, damage, proceeding,
expense (including legal costs) (Claim) suffered or incurred by us arising
from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of this agreement;
- any breach or inaccuracy in any of your representations or warranties;
- any action or claim brought by a third party which relates to all
or any part of the Personal Information;
- use of the Site and or the Service by you or any other person using
your login particulars; and/or
- for any goods or services purchased by you whilst on the Site or
using the Service or from a third party providing goods and/or services
on the Site or through the Service.
- for any goods or services ordered, accessed or otherwise used by you
whilst on the Site or using the Services from a third party providing
goods and/or services on the Site or through the Site including all
goods and services forming part of the MyRep offerings from time to
time.
In relation to a Claim, we may require you to conduct the defence, including
negotiations for settlement or compromise prior to the institution of
legal proceedings or modify, alter or substitute any potentially infringing
part of the Personal Information at your own expense, to render the Personal
Information non-infringing. You must comply with any requirement notified
to you in accordance with this clause.
11. General compliance with laws
You must comply with all laws, statutes, ordinances and regulations which
apply to you in relation to your use of our Site and Services.
12. No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created between you and us by this Terms of
Use.
13. Notices
Except as explicitly stated otherwise, any notices will be given by email to
info@eclinic.com.au (in the case of us) or to the email address you provide
to us during the registration process (in your case). Notice will be deemed
given 24 hours after an email is sent, unless the sending party is notified
that the email address is invalid.
14. General
These terms are be governed by and construed in accordance with the laws of
the State of Victoria, Australia. All users of this Site and our Services
irrevocably submit to the non-exclusive jurisdiction of the courts of
the State of Victoria, Australia. The provisions of this Terms of Use
are severable and if any provision of this Terms of Use is held to be
invalid or unenforceable, that provision may be removed and the remaining
provisions will be enforced.
Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section.
Our failure to act with respect to a breach of these Terms of Use by you or
others does not waive our right to act with respect to subsequent or similar
breaches.
These Terms of Use may not be construed adversely to us solely because we prepared
it.
These Terms of Use set out the entire understanding and agreement
between you and us with respect to its subject matter herein.
|
