USING OUR PORTALS
Australian Clinical Labs (ACN 62 006 823 089) (“ACL”) operate web portals, websites and related applications.
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”):
TERMS & CONDITIONS
- 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.
- 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.
- 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.
- Your registered account is non-transferable and you may terminate your account at any time upon notice to us.
- 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.
- 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.
- 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.
- 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
- 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, 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.
- If we reasonably form the view that you have breached any of these terms and conditions then:
- your LOGIN may be immediately revoked; and
- you have no right to demand reasons for the revocation.
- We may in our sole discretion temporarily suspend your access to the Website for reasons such as upgrades or modifications, or otherwise restrict your access to and use of the Website where we consider it reasonably necessary.
- 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 Australian Information Commissioner, the Health Care Complaints Commission or the Australian Health Practitioner Regulation Agency.
- You must comply with all applicable privacy and health information laws and all of the Website’s privacy policies. If:
- you use the Material you obtain for the purpose of providing a patient to whom it relates with health care or treatment and you wish to use the Material for other purposes - then you undertake to first obtain the patient's consent to access their health information for these other purposes prior to obtaining that Material; and
- you use the Material you obtain for the purpose of providing a patient to whom it relates with health care or treatment – then:
- 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 to be disclosed by law or as directed by the patient or their legal guardian; and
- 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.
- You use the Website and Material at your own discretion.
- You are responsible for any costs associated with your access to or use of the Website, including internet access fees and data costs.
- You acknowledge and agree that:
- 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;
- 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;
- 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
- 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.
- To the extent permitted by law and subject to paragraph 18, our liability to you for any non-compliance with a statutory guarantee or loss or damage arising out of or in connection with the supply of Material or any alleged or actual breach by us of these terms and conditions however arising (whether for breach of a term or terms of these terms and conditions, tort (including negligence), statute, custom, law or on any other basis) is limited to:
- in the case of services, at our option:
- the resupply of the services; or
- the payment of the cost of resupply; and
- in the case of goods, at our option:
- 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.
- in the case of services, at our option:
- Paragraph 17 is not intended to have the effect of excluding, restricting or modifying:
- the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (“ACL”);
- the exercise of a right conferred by such a provision; or
- any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
- Other than as set out in this paragraph and to the extent permitted by law:
- any condition or warranty which would otherwise be implied in these terms and conditions whether by statute or otherwise is excluded; and
- under no circumstances will we be liable for any loss, damage or injury (including without limitation any loss of profits, indirect, incidental or consequential loss, damage or injury) arising from the supply or use of the Website or the Material, any failure by us to perform any obligation or observe any term of these terms and conditions or any loss of data suffered by you in connection with your use of the Website or the Material.
- 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.
- You cannot assign any rights or obligations under these terms and conditions whether in whole or in part to any other party.
- 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.
- You warrant that 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 relevant laws relating to your use of the Website and Material and your placement of any order.
- You agree to indemnify, defend and hold us harmless against any claims, liabilities, proceedings, costs, losses, expenses or damages incurred by us in connection with your use of the Website and Material inside or outside of Australia, breach of these terms and conditions or any other negligent or wrongful act or omission by you.
- You must not infringe any trademarks patents or any copyright attaching to any part of the Website or the Material.
- Unless you have prior consent from us, you must not copy, reproduce, modify, distribute, imitate, publish or commercial exploit or link to or deep link into the Website.
- You must not:
- 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;
- use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website;
- make fraudulent or speculative enquiries, purchases or requests through the Website;
- use another person’s details without their permission or impersonate another person when using the Website;
- post or transmit any obscene, indecent, inflammatory or inappropriate material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Website;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;
- modify, adapt, translate or reverse engineer any portion of the Website;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
- reformat or frame any portion of the web pages that are part of the Website;
- create accounts by automated means or under false or fraudulent pretenses;
- use the Website to violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Website other than in accordance with these terms and conditions; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
- 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.
- This agreement is governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the ACL arise independently of these terms and conditions and this paragraph does not apply to any claim you may have under the ACL.
- 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 links from the Website or Material to other 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:
- we make no representations or warranties, and have no any responsibility or liability to you for those websites;
- 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
- you agree that you access and use the products and services made available at those sites solely at your own risk.