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TERMS & CONDITIONS

In these Terms and Conditions, CareWell Diagnostix, will be referred to as “we,” “us,” “our,” or simply “CareWell.” The words “you” and “your” refers to the individual patient or authorized representative of a patient entering into these Terms and Conditions with us.

CONTRACT DEFINITION

These Terms apply to your utilization of the following services, products, software, and websites collectively referred to as the “Services” in this document:

  • CareWell enables customers to store, retrieve, share, and view medical records and imagery on mobile devices via our Clinic’s website, located at https://www.carewelldiagnostix.com.au/, (“Website“); and
  • any support, maintenance, customer service, administration, or associated services offered by the Clinic to you from time to time, whether via the Website or otherwise.
  • information relating to CareWell’s service offerings (“Information”).

ACCEPTING THE TERMS

  •  In order to use the Services, you must first agree to the Terms. Your use of the Services signifies your acceptance of these Terms.
  • You can accept the Terms by:
    i. clicking to accept or agree to the Terms, where this option is available to you by the Clinic in the user interface for any of the Services; or
    ii. actually accessing or using the Services. By doing so, you understand and agree that the Clinic will consider your access to or use of the Services as acceptance of the Terms from that point onwards.
  • You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with the Clinic.

PROVISION OF THE SERVICES BY THE CLINIC

  • While we will make all reasonable efforts to ensure that the Services are accessible at all times, we cannot guarantee uninterrupted access. We will endeavor to post a notice on the Website before performing any maintenance that will render the Services unavailable. We are not responsible for any issues associated with the use of the public internet.
  • The Services are designed for use only with specific devices or internet browsers and require certain functionalities (such as javascript and cookies) to be enabled for proper functioning. Details of these requirements are specified on the Website, which may evolve over time to reflect advancing technologies. You may or may not be provided with reasonable notice of any such changes.
  • While we strive to ensure that the Services are free from viruses and other harmful code, you are responsible for safeguarding your computer systems by taking appropriate steps, including the use of up-to-date anti-virus and anti-spyware software.

YOUR USE OF THE SERVICES

  • Unless otherwise agreed in writing, you are responsible for providing, at your own cost, all necessary computer and telecommunications facilities required to access and use the Services, as well as configuring those facilities to ensure access and usage.
  • We reserve the right to establish maximum amounts of network bandwidth, memory, or other computer storage, as well as a maximum amount of data you may store, post, or transmit through the Services.
  •  To access certain Services, you may need to provide personal information as part of the registration process or continued use of the Services. You agree that any information provided will be accurate, complete, and up-to-date.
  • You agree to use the Services only for purposes permitted by the Terms and any applicable laws, regulations, or generally accepted practices or guidelines.

YOUR PASSWORDS AND ACCOUNT SECURITY

  • You are responsible for maintaining the confidentiality of passwords associated with any account used to access the Services.
  •  Consequently, you agree to be solely responsible to us for all activities occurring under your account.
  • If you become aware of any unauthorized use of your password or account, you agree to notify us immediately.

PERSONAL INFORMATION AND DATA

  • We will handle any personal information collected about you in accordance with our Privacy Policy, which outlines how we treat your personal information and protect your privacy when you access or use the Services.
  • You consent to the use of your personal information and data in accordance with our Privacy Policy.
  • By accepting these Terms and Conditions, you agree to read, abide by, and comply with the Privacy Policy and any other policies related to the security or privacy of electronic records that we may notify you of from time to time. We reserve the right to revoke your access to any part or all of the Services at our discretion in the event of any breach or suspected breach by you of these Access Terms.

INDEMNITY AND LIABILITY

  • You indemnify and hold us harmless in relation to any losses, damages, actions, claims, costs, or expenses incurred by us directly or indirectly due to your failure to comply with the terms contained in these Terms and Conditions or any violation by you of any laws or the rights of any person.
  •  To the fullest extent permitted by law, we are not liable to you for any direct or indirect consequential loss or damage arising from the use or interpretation of any imaging reports or test results available to you via our Services.

UPDATES AND REVISIONS (H2)

  • Additional Terms governing your use of our Services and the Information may be provided to you from time to time through online notices displayed during your access to Our Services and the Information. These Additional Terms are incorporated into these terms and conditions, and in the event of any inconsistency, the Additional Terms prevail. Our employees and agents do not have the discretion to vary these terms and conditions individually, and you acknowledge that only the Additional Terms can vary these terms and conditions.
  • We may revise these Terms and Conditions and the incorporated policies listed above from time to time, with the revised version becoming effective on and from the specified date. In such cases, we will notify you in advance by posting a notice on CareWell’s website, and you agree to receive notices electronically in this manner. The current version of the Terms and Conditions and Privacy Policy published on CareWell’s website will apply each time you use our Services.
  •  By continuing to use our Services after any changes to this Agreement become effective, you agree to comply with those changes.

GENERAL

  • We are not liable for any failure to perform our obligations under the Terms if such performance is delayed, prevented, restricted, or interfered with for any reason beyond our reasonable control.
  • This agreement is governed by the laws of Victoria, Australia, and each party submits unconditionally to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
  •  This agreement supersedes all previous agreements regarding its subject matter and constitutes the entire agreement between the parties.
  •  The words “including,” “such as,” “in particular,” and “for example,” when used in this agreement, are not words of limitation.
  •  Except as expressly provided in this agreement, nothing herein is intended to create a fiduciary relationship or an agency, partnership, or trust, and no party has authority to bind any other party.
  •  No rule of construction applies to the detriment of a party because that party was responsible for preparing these terms.
  •  Any provision of this agreement that is wholly or partially void or unenforceable is severed to the extent necessary, with the validity or enforceability of the remainder of this agreement unaffected.