1. USING OUR PORTALS
a. Australian Clinical Labs (ABN 94 645 711 128) (“ACL”) operate web portals, websites and related applications.
b. If you use any of the web portals, websites or related applications operated by ACL (“Website”) or any of the products, services and other content available from, in, on or through the Website (“Material”), you agree to all of the terms and conditions set out below (“terms and conditions”):
2. TERMS & CONDITIONS
a. Your agreement to these terms and conditions is an agreement with ACL and each subsidiary of ACL (“us”, “we” or “our” as contextually appropriate) and governs your use of the Website and all of the Material.
b. Your agreement to these terms and conditions is given for the benefit of ACL and each subsidiary of ACL who may enforce the obligations placed on you, directly against you.
c. These terms and conditions constitute the entire agreement between you, ACL and each subsidiary of ACL for the access to the Website and the provision of the Material.
d. We may revise these terms and conditions from time to time. You will be provided with notice that the terms and conditions have changed at the time you log in to the Website following such changes being made. Your continued use of the Website after receiving such notice indicates your acceptance of such amendments.
3. REGISTRATION
a. Your registered account is non-transferable and you may terminate your account at any time upon notice to us.
b. If you are under the age of 15, you may not create a registered account. If you are between the ages of 15 and 18, you represent that you and a parent or legal guardian have read and understood these terms and conditions. If you are a parent or legal guardian permitting a person between the ages of 15 and 18 to create an account, you agree to these terms and conditions on behalf of that person.
c. You must keep your LOGIN and PASSWORD confidential. You must not allow any other person to use a LOGIN and PASSWORD specifically allocated to you to access the Website.
d. You are responsible and liable for any loss or damage we suffer or incur if another person uses your LOGIN and PASSWORD to access the Website or Material.
e. On concluding an access session, you must close all browser windows, including all “Tabs”, and use the "Logout" button in the Website to completely log out of the Website.
f. If you suspect the security and confidentiality of your LOGIN or PASSWORD or the device you have used to access the Website has been compromised in any way, you must immediately contact us so that your LOGIN may be disabled to prevent access to the Website.
g. Other provisions which govern your use of the Website and the Material may from time to time be provided to you by the online notices given during your access to the Website (“Additional Terms”), all of which are incorporated in these terms and conditions. To the extent there is any inconsistency between the Additional Terms and these terms and conditions, the Additional Terms prevail. Our employees and agents do not have individual discretion to vary these terms and conditions and you acknowledge that only the Additional Terms can vary these terms and conditions.
h. If we form the view, acting reasonably, that you have materially breached any of these terms and conditions then:
i. your LOGIN may be immediately revoked;
ii. you will be notified of such revocation;
iii. you may request reasons for the revocation to be provided; and
iv. you may seek an internal review of the revocation decision within sixty (60) days of being notified or becoming aware of the revocation by contacting ACL via our Contact Us page, if you consider, and can substantiate, that you have not breached any of these terms and conditions.
i. If we form the view that your conduct may amount to a breach of any law or rules of any governing body, we may without notice to you, refer your conduct to the relevant regulatory authorities including, without limitation, State or Australian Federal Police, the Office of the Australian Information Commissioner, the Health Care Complaints Commission or the Australian Health Practitioner Regulation Agency.
j. You must comply with all applicable privacy and health information laws and all of the Website’s privacy policies if accessing the Website in the context of providing health services to an individual.
k. If you are accessing the Website and using the Material you obtain from the Website for the purpose of providing a patient, to whom it relates, with health care or treatment:
i. you undertake to obtain the patient's prior consent to access and obtain the Material for this purpose, and any other purposes, should you wish to use the Material for such other purposes;
ii. you must keep all Material confidential and you may only share the Material with the patient, their nominated or authorised carer or guardian, other health professionals assisting in the patient's care or as otherwise required or permitted to be disclosed by law or as directed by the patient or their legal guardian; and
iii. you acknowledge that all Material relating to your patients, prior to your account activation, will be marked by the Website systems as “Viewed” upon account activation.
4. USER CONTENT
a. You warrant that, to the best of your knowledge, all information and data provided by you to us through the Website (including any part of the customer registration process) or otherwise is true, accurate, complete and up to date, and you have and will comply with all applicable laws relating to your use of the Website and Material.
b. Information and data provided by you to us through the Website must not:
i. infringe the intellectual property or other rights of another person;
ii. be defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
iii. relate to unlawful conduct;
iv. create a privacy or security risk to any person, including by soliciting personal information from any person;
v. solicit money from any person;
vi. be false, misleading or deceptive;
vii. contain financial, legal, medical or other professional advice;
viii. be likely to harm, abuse, harass, stalk, threaten or otherwise offend;
ix. reflect negatively on us, including our goodwill, name and reputation;
x. be likely to breach any applicable laws; or
xi. result in civil or criminal liability for you, us or any third party.
xii. By providing us with any information and data through the Website, you:
xiii. grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy and modify your information and data provided through the Website in connection with our provision of the Website and our other services such as collection, research, data analytics and clinical training purposes, and not for commercial exploitation; and
xiv. warrant that you have the right to grant such licence.
c. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of any information and data provided by you to us through the Website, except to the extent caused or contributed to by us.
d. We may, without notice to you, review, modify or remove any information and data provided by you to us through the Website, excluding health information and personal information, at our reasonable discretion, including where we believe it violates these terms and conditions.
e. Our Website is not designed to be a long-term storage medium. You are solely responsible for securing and backing up any information and data provided by you to us through the Website.
5. DISCLAIMER
a. You use the Website and Material at your own discretion.
b. You are responsible for any costs associated with your access to or use of the Website, including internet access fees and data costs.
c. You acknowledge and agree that:
i. the Website and Material do not constitute professional medical or healthcare advice, diagnosis or recommendation of treatment and is not intended, nor should be used, to replace actual professional medical opinion or judgement that takes into account all of the information and factors available at the time;
ii. the information contained in the Website and Material is provided on an ‘as is’ basis and any information it provides (or does not provide) does not constitute a recommendation or advice by us to take or refrain from taking any course of action in relation to the health care needs of you or a patient;
iii. the Material provided and views expressed by other users of the Website are the Materials of those users and are not ours;
iv. in no circumstances should the Website and Material be relied upon without consideration and confirmation by a qualified medical practitioner after having regard to, among other things, independent professional judgement as well as your or the particular patient’s condition and medical history; and
v. while we endeavour to ensure that the information contained in the Website and Material is up-to-date, accurate and complete, we make no representations or warranties that the information contained in the Website and Material will at all times be up-to-date, accurate, complete, comprehensive or useful for the purpose for which it is obtained.
6. WARRANTIES AND LIABILITY
a. Subject to Schedule 2 to the Competition and Consumer Law Act 2010 (Cth) (Australian Consumer Law), all express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms and conditions and the Website that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law, noting that you have rights under the Australian Consumer Law that cannot be excluded.
b. In particular, without limiting the paragraph above:
i. while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
ii. we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
c. We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
d. Nothing in these terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
e. If any guarantee, term, condition or warranty is implied into these terms and conditions under the Australian Consumer Law or any other applicable legislation (a “Non-Excludable Provision”) and either party can limit the remedy for a breach of the Non-Excludable Provision, then liability of either party for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
f. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
g. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
h. Subject to the paragraphs below in this section and the obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, the maximum aggregate liability for all claims under or relating to these terms and conditions or the Website whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to the amount ($AUD) paid by you, for the relevant good(s) and / or service(s) rendered.
i. Subject to the obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are each not liable for, and no measure of damages will, under any circumstances, include:
i. special, indirect, consequential, incidental or punitive damages; or
ii. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data;
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
j. Each party's liability to the other is diminished to the extent that party's own acts or omissions (or those of a third party) contribute to or cause the loss or liability it suffers.
7. INTELLECTUAL PROPERTY
a. We grant you a limited, non-transferable licence to access and use the Website solely for personal, non-commercial purposes.
b. We (or our licensors) retain all right, title, and interest in, and to, the Website. Nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in the bullet point above, license you to exercise any intellectual property rights unless this is expressly stated.
c. You must not:
i. infringe any intellectual property rights attaching to any part of the Website or the Material; and / or
ii. remove any copyright, trade mark or other proprietary rights notices contained in or on the Website.
unless you have prior consent from us, you must not copy, reproduce, modify, distribute, imitate, publish or commercially exploit or link to or deep link into the Website.
8. OTHER
a. The Website contains information and Material intended for use by users in Australia only. Any use contrary to this is at your own risk and, to the extent permitted by law, we disclaim all and any liability to you or any third party for such use.
b. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
c. Our failure to enforce the whole or any part of these terms and conditions does not constitute a waiver by us of any of the terms and conditions and shall not in any way affect our right to later enforce any of the terms and conditions.
d. You agree to indemnify, defend and hold us harmless against any claims, liabilities, proceedings, costs, losses, expenses and damages incurred by us in connection with a breach of these terms and conditions by you or any other negligent or wrongful act or omission by you except to the extent that such claims, liabilities, proceedings, costs, losses, expenses or damages were caused or contributed to by us.
e. Your use of the Website is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
f. You must not:
i. use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
ii. use the Website in a manner or way which interferes with other users or our other customers or which prevents any other person from using or enjoying the Website;
iii. make fraudulent or speculative enquiries, purchases or requests through the Website;
iv. use another person’s details without their permission or impersonate another person when using the Website;
v. tamper with or hinder the operation of the Website;
vi. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
vii. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;
viii. modify, adapt, translate or reverse engineer any portion of the Website;
ix. collect, use, disclose or store data about other users of the Website;
x. reformat or frame any portion of the web pages that are part of the Website;
xi. create accounts by automated means or under false or fraudulent pretences;
xii. use the Website to violate the security of any computer or other network or engage in illegal conduct;
xiii. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our systems and infrastructure;
xiv. use the Website other than in accordance with these terms and conditions; or
xv. attempt any of the above acts or engage or permit another person to do any of the above acts.
g. If you believe the Website contains Materials that are objectionable, or infringe copyright or any other rights, please contact us through our Contact Us page and provide particulars of such content and a detailed description of why it is objectionable or infringing.
h. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This paragraph has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
i. The provisions of these terms and conditions which by their nature survive termination or expiry, will survive termination or expiry of these terms and conditions.
j. This agreement is governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria. Any rights or remedies to which you are entitled under the ACL arise independently of these terms and conditions.
k. The word “including” when used in these terms and conditions is not a term of limitation.
9. LINKS TO OTHER WEBSITES
The Website may contain links to external websites that are not operated by us or our related bodies corporate. The links are provided for your convenience only. We are not responsible for the information contained in those linked websites. Each linked site will have terms and conditions that you should understand. We are not liable for any damage caused by your use of those linked websites. You agree that:
a. we make no representations or warranties, and have no responsibility or liability to you for those websites;
b. the links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites; and
c. you agree that you access and use the products and services made available at those sites solely at your own risk.
10. COOKIES
Small data files (“cookies”) may be stored by your web browser on your computer. We may use cookies to help monitor your online activity and to learn how users come to the Website. The information that we collect from the cookies is anonymous and not personally identifiable. It does not contain your name, address, telephone number, email address or the details of your internet service provider.
11. PRIVACY
In using the Website, you may give us personal information (including sensitive information). By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our Privacy Policy.