Australian Pelvic Floor Institute Website Terms and Conditions
Terms & Conditions
This agreement is between Preadmissions Australia Pty Ltd its successors and assignees (referred to as “we”, “us” or “our”), and you the person, organisation or entity that uses the website and purchases services from us (referred to as “your” or your” and which may be a patient or a health care provider). Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions. By registering on our website you are representing to us that you have read, accepted and will comply with these terms and conditions. If you do not agree to these terms and conditions please do not register on the website or utilise our services.
These terms and conditions will apply in addition to any separate agreement that we have entered into with you.
IMPORTANT NOTE: You acknowledge that we do not participate in any way in the provision medical advice, and that all information provided is of a general nature and for educational purposes. For specific advice you must refer to your own specialist or other qualified health services provider.
Our Website Services
1. On registration, as a health care provider you agree to pay for the use of the website at the prices that we notify to you from time to time. As a patient, you agree to pay any invoices issued to you from your health care providers using our website.
2. All prices are current, in Australian Dollars (AUD) and are inclusive of GST.
3. Any amounts that we invoice a patient are billings that are passed through from your health care provider. At any time your health care provider may notify us of a change in the amount that is to be invoiced to you and we reserve the right to cancel or change our request for payment from you.
4. There may be a delay between the time we receive the money from a patient and the time that we pay the health care provider’s invoice. During this time we may hold the funds in any manner that we determine appropriate and we may retain any interest or investment earnings on those funds.
5. Our service includes the provision of information and facilitation of consent and payment between patients and their health care providers.
6. The prices for such services as well as the scope of such services are determined by the health care providers. Separate terms and conditions will apply as and between patients and their health care providers.
7. If you are a health care provider and you do not make a payment that due to us, we may cease providing services to you and lock or suspend your account (in which case you will not be able to access any of the data on your account). If you are a patient and you do not pay an invoice that is due on your account then your health care provider may not be able to provide you with health care services.
8. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
9. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
10. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking to our website, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
11. Intellectual Property includes but is not limited to:
a. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction.
b. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
c. all work product developed in whole or in part by us.
12. We own all Intellectual Property rights in our website, business, products and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
13. If you are a patient, you are permitted to download quotes, invoices and consent forms that are made available to you via the website, to your computer. If you are a health care provider you may download information specific to the health care services that you are providing to the patients who are registered on our system and whom you are treating. You may not delete or change any copyright symbol, trade mark or other proprietary notice on anything that you download. Your use of our content in any way other than as described in this clause infringes our intellectual property rights.
14. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
15. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in the future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
16. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
17. When you visit our website, we give you a limited licence to access and use our website and any information contained on it for your own use.
18. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
19. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
20. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
21. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
22. Any consent form issued to you though our website is the responsibility of you and your health care provider. We make no warranty or representation that the content of the consent form is accurate, exhaustive or appropriate. As a patient, if there are any specific medical interventions that you do not wish to consent to, you should list them on your consent and discuss them with your health care provider.
Statutory Guarantees and Warranties to Consumers
23. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services to you by us via the website which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms.
24. If you are a consumer as defined in the ACL, the following notice applies to you: Our services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
25. To the extent permitted by law, we exclude all express and implied warranties, and all services are provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability and Indemnity
26. While the information and material contained on the website is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees and agents accept no responsibility for and make no representations, warranties or guarantee, express or implied, to you or to any other person as to the reliability, suitability, availability, accuracy or completeness of the information, images, products, services, or related graphics contained on the website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
27. To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the services and website and these terms and conditions, except those set out in these terms and conditions, including but not limited to:
a. implied or express guarantees, representations or conditions of any kind, which are not stated in these terms and conditions;
b. the website or the services being unavailable;
c. loss of any data entered onto the website; and
d. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement services, or otherwise, suffered by you or claims made against you, arising out of or in connection with the website, inability to access or use the website, the products, the services, the late supply of products, or the terms and conditions, even if we were expressly advised of the likelihood of such loss or damage; or
e. liability for communications or arrangements between any of the users of our services or website. We do not participate in any way in the arrangements between our users and we are not responsible for any medical or healthcare services or advice provided by a health care provider to a patient.
28. Information accessible via the website is uploaded by other users of the website (for example a patient my upload information about themselves or a doctor may upload information about a procedure). We do not accept any liability whatsoever and howsoever arising for the accuracy or completeness or use of that information or any delay or failure of a website user to enter information.
29. To the maximum extent permitted by law, our total liability arising out of or in connection with the services or the website, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you to us for services that we provided to you.
30. By accessing our website, you agree to indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these terms or the use of our services or website. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our website and services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
31. Clauses 29, 30, 31 and 32 will survive termination of these terms and conditions.
Jurisdiction and severability
32. Your use of this website and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The website may be accessed throughout Australia and overseas. We make no representation that the website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
33. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
35. These terms and conditions may be amended from time to time, without prior notice. Your continued use of our website and services following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current terms and conditions, before each use of our website. Our agents, employees and third parties do not have authority to change the terms and conditions.
36. We reserve the right to refuse supply services to you, terminate your account, terminate our contract with you, and remove or edit content on our website at our sole discretion, without incurring any liability to you.
37. We will not be liable for any delay or failure to perform our obligations under these terms and conditions if such delay is due to any circumstance beyond our reasonable control (which includes any failure or delay by our suppliers or a health care provider, the internet, our ISP, war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the contract). If we are delayed from performing our obligations due to such a circumstance for a period of at least 1 month, we may terminate our agreement with you by giving you 2 business days' notice in writing.
38. Any notice in connection with the terms and conditions will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
39. If and when applicable, GST payable on our services will be set out on our invoices. By accepting these terms and conditions you agree to pay us an amount equivalent to the GST imposed on these charges.
Relationship of parties
40. The terms and conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
41. Any failure by a party to insist upon strict performance by the other of any provision in the terms and conditions will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the terms and conditions shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
42. You must not assign any rights and obligations under the terms and conditions whether in whole or in part without our prior written consent.
43.These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.