1. Overview

This CardioScan website (located at https://www.cardioscan.co) (the ‘Site’) is operated by CardioScan Services Pty Ltd ACN 160 564 661 (‘CardioScan’, ‘us’ or ‘we’).

These are the terms and conditions (the ‘Terms’) upon which we make the Site available to you. It is important that you understand these Terms. By accessing or using the Site, you confirm that you have read and agree to be bound by these Terms (as amended from time to time).

We may from time to time vary these Terms, without prior notice to you. You should regularly check and review the page on the Site containing the Terms for changes. These are the current Terms and replace any other terms and conditions of use previously published for the Site and the Services. We also reserve the right to assign or novate these Terms, and any of our rights or obligations under these Terms, to any other person or entity without prior notice or your consent.

For the purposes of these Terms, ‘you’ means you, the individual natural person, using or accessing the Site, and any other persons (including entities) for whom you are accessing or using the Site on their behalf.

2. Services

CardioScan is a provider of cardiac reporting services and equipment. Using our advanced technology and our team of experienced cardiologists, we work with hospitals and pathology companies in Australia and across the world to provide urgent daytime and after-hours reporting from our experienced specialists as well as routine, overflow and backlog reporting to help manage their workloads (the ‘Services’).

3. Privacy

We are committed to protecting your personal privacy and complying with our obligations under relevant privacy legislation, as set out in the Privacy Act 1988 (Cth) and embodied in the Australian Privacy Principles under that legislation (and to the extent they apply, in the other jurisdictions in which we operate). The CardioScan Privacy Policy is located at www.cardioscan.co/privacy-policy, and sets out what types of personal information we collect, and explains how we collect, use, hold, disclose and handle your personal information, when you use our Site or our Services, contact us to work with us or obtain our Services or otherwise provide us with your information. It also lets you know how to contact us if want to access or correct your personal information, or if you have any questions, concerns or complaints about how we collect and deal with your personal information.

4. Site Access and Use

Your access and use of the Site is conditional on you complying with (and not breaching) these Terms. You are responsible for ensuring there is no improper use of the Site or its content. We may immediately terminate, suspend or block your access to the Site and the Services, without notice, if you breach these Terms. You shall be liable for and indemnify us against any and all losses, claims, costs and other liabilities caused or incurred by us as a result of or in connection with any breach of this clause 4 by you.

4.1     Conditions

In accessing and using the Site, you acknowledge and agree that you must:

• only use the Site for lawful purposes and always in compliance with these Terms;
• not use the Site in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other person’s use and enjoyment of the Site or the Services.
• not attempt to decompile, disassemble, reverse-engineer or otherwise attempt to discover or derive any part of the source code, algorithms, methods or processes embodied in or used, in connection with the Site, or any underlying data, infrastructure or software in the Site.
• not use any robot, crawler, spider, screen scraper, data aggregation tool or use any process that sends automated queries to data mine, scrape, crawl, email harvest, aggregate, copy or extract any processes, information, content or data in, or accessible through, the Site, and must not provide any unauthorised interfaces to the Site.
• not upload any code, content, text, media or other data or material that contains any virus or malicious code (such as ‘worms’ or ‘trojan horses’) or otherwise do anything which may interfere with or damage the operations of our computer systems or the proper working of the Site or any underlying infrastructure, software or data.
• not provide your or anyone else’s confidential or personal information (including phone numbers, addresses, credit card or financial information) without the relevant person’s consent.

4.2     Uploaded Content

You are solely responsible for any documents, material or data that you send us, record, enter, submit, or upload on the Site, or otherwise provide to us for any purposes in connection with the Site or the Services (‘Uploaded Content’). In using the Site, you warrant and must ensure that any Uploaded Content (and your uploading or communication of the Uploaded Content):

1. is not unlawful and does not promote or encourage illegal activity;
2. does not mislead, deceive, embarrass, bully, victimise, harass, intimidate, threaten, impersonate, discriminate, defame or abuse any other person;
3. is not unwanted or unsolicited or in breach of the Privacy Act 1988 (Cth) or the Spam Act 2003 (Cth);
4. is not false, deceptive or misleading (or is likely to mislead or deceive);
5. does not infringe any other person’s patent rights, trademark(s), copyright or other intellectual property rights, and that you hold all appropriate, rights, licenses or permissions to upload and provide any Uploaded Content that contains the copyright or intellectual property belonging to a third party.

We may delete or refuse to accept any Uploaded Content that we consider (in our absolute discretion) breaches these Terms or may cause reputational or operational harm to CardioScan.

5. Intellectual Property

5.1     Copyright Notice

We own all intellectual property rights in the ‘CardioScan’ name, the Site and the Services (including all information, graphics and material contained on the Site or in the Services, all the underlying source code and software, and all modifications, enhancements, developments and use of the Site and the Services), and all works, content and data contained on the Site or comprised in the Services are subject to copyright, trademark and other intellectual property laws.

5.2     Restrictions

You may not use any of our intellectual property for any purpose other than as required for the lawful use of the Site and the Services and obtaining the benefit of the Site and the Services in accordance with these Terms. Subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar statutes that apply in your location, you may not, in any form or by any means

1. adapt, reproduce, broadcast, decompile, disassemble, reverse-engineer, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of this Site or the Services (including any part of the source code, algorithms, methods or processes embodied in or used, in connection with the Site, and any underlying data, infrastructure or software); or
2. put to commercial use any information, products or services obtained from any part of this Site or comprised in the Services,
3. without our prior written permission (or the written permission of the author to whom copyright is attributed).

All trademarks, registered trademarks, logos, brand names, product names, company names, and business or trading names appearing on the Site are (and shall remain) the property of their respective owners, including (without limitation) the “CardioScan” name, which is owned by us. No right, license or interest in or to such marks, logos or names is granted by these Terms.

You must obtain our written permission to put a text link on any website you operate linking back to the Site. If we do provide such permission, we reserve the right to revoke such permission in which case you shall immediately remove and disable any and all links to the Site.

6. Interference

We are not liable to you or anyone else if interference with, or damage to, your computer systems occurs in connection with your use of the Site or a linked-to third-party website. You must take your own precautions to ensure that whatever link you click or select to access from the Site (or a third-party website linked-to on the Site) is free of errors, viruses or anything else (such as ‘worms’ or ‘trojan horses’) that may interfere with or damage the operations of your computer systems.

7. Continuity of Service

We aim to provide a service through our Site that is continually available and capable of use. We may however suspend access to the Site at any time and for any reason, including without cause. The most likely reasons why we might suspend access to the Site include (but are not limited to):

1. maintenance or bug fixes to the Site or updating or changing its features or functionality;
2. where there has been a breach of these Terms or any agreement we have with a third party (including the terms of any third-party website’s terms or an open source licence);
3. faults, service outages or other technical problems;
4. a legal requirement, such as an injunction or due to an investigation by police or other law enforcement agency.

We make no representations or warranties as to the availability of the Site or that your access to the Site will be uninterrupted, timely or secure. We will not have any liability in connection with any suspension of access or use of the Site, regardless of the reason for suspension.

8. Termination

We are under no obligation to perform ongoing access to the Site. We may terminate these Terms at any time and suspend or refuse to provide any access to the Site for any reason, without any notice to you.

9. Liability

The Site is provided on an “as is” basis and your use of the Site is entirely at your own risk. To the extent permitted by law, CardioScan specifically disclaims any representation or warranty (express or implied) that is not expressly set out in these Terms, including any warranty as to the performance, merchantability or fitness or suitability of the Site for any particular purpose.

We are not liable for any delays where there has been a delay in receiving information or where the information we have received is incomplete, false or inaccurate.

To the maximum extent permitted by law, we exclude all express and implied representations and warranties which, but for these Terms, might apply in relation to your use of the Site.

Notwithstanding anything to the contrary in these Terms, in no circumstances will we be liable for:

1. any indirect, punitive, consequential or special loss or damages;
2. any loss of revenue, income, profits, interest, anticipated savings, custom, goodwill, data, contracts, opportunity, use of money/property, share/business value, or any loss resulting from business interruption; or
3. any other loss or damages arising from or in connection with any breach of these Terms by you or any other party,
4. whether in contract, tort (including negligence), equity, statute or otherwise.

Without limitation to any other provision in this clause 9, we exclude all liability for information provided to us by any third party in connection with the Site or the Services.

To the extent that our liability cannot be excluded by law and subject to any other agreement between us and you to the contrary, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited in aggregate to A$100.

10. General

Contact:
If you have any questions or complaints about the Site or the Services, you should contact us on (03) 9832 2222.

Governing Law & Jurisdiction:
These Terms are governed by, and to be construed and interpreted in accordance with, the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that state in relation to any matters concerning these Terms. You must attempt to resolve any dispute under these Terms firstly by mediation, in good faith

No Waiver:
No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of the right.

Entire agreement:
These Terms constitute the entire agreement between you and us in relation to its subject matter.

Application of Terms:
These Terms will continue to apply even when you are not using the Site and even if your access to the Site has been suspended or terminated.

Survival:
Clauses 4, 5, 7, 8, 9, and this clause 10 and any other obligations which are expressed to, or by their nature, survive expiry or termination will survive expiry or termination of these Terms.