Terms


IMPORTANT:
ACCESSING OUR WEBSITE AND OUR SERVICES
SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS:

1.    Acceptance of These Terms and Subsequent Versions of These Terms

i.    Welcome to the Xplore Radiology website which is owned and operated by Xplore Radiology   (ABN 71110217108) (referred as “Xplore Radiology”, “we” or “us”).
ii.     You must be 18 years of age or older and reside in Australia to use our service.
iii.     By registering, you warrant that:
a.    You are 18 or older;
b.    You are
i.    Registering yourself; or
ii.    Duly authorized to register on behalf of the person whose details you are entering and you have made that person aware of these terms;
c.    You are:
i.    To be bound by these terms yourself; or
ii.    To these terms on behalf of the person on whose behalf you are registering.
    
iv. We provide our services to you subject to the following Terms, which may be updated         occasionally, at our sole discretion, with or without notice to you. The most current version of these Terms will always be on this page of the website and will supersede all previous versions. There will always be a link to the most current Terms on the Terms & Conditions page. By continuing to use, visit, or browse our website, you agree to be bound by the current version of these Terms.
v. These Terms contain the entire agreement between us regarding all the subjects we covered by  these Terms.
vi. We reserve the right to reject your membership application.

2.    Our Obligations to you

i.    Service(s) Provided 

We provide the following service(s):

View Patient Results and Images through COMRAD secure referrers portal

ii.    Privacy

We comply with the Australian Privacy Act 1988, and in particular, the recent amendments affecting the private sector. Although we may not be required to do so, we comply with the 10 National Privacy Principles contained in the Australian Privacy Act 1988. View our full Privacy Policy. 

3. What We Do Not Provide …

We DO NOT provide the following service(s):

Some hyperlinks on our website may lead to other websites that are not owned or controlled by us. We have not reviewed these sites and have no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses, Trojan horses, worms or otherwise impact upon your computer, nor do we warrant that any goods available via third party sites are fit for purpose or of merchantable quality or that services available via third party sites will be provided in a proper and workmanlike manner.

4. Your Obligations to Us
             You agree to abide by the following rule(s):

i. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. It is your responsibility to provide and maintain an accurate and working e-mail address, delivery address, telephone number, at all times.

ii. You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with our website.

iii. You agree not to interfere in any way with the servers or networks connected to our website, or to violate any of the procedures, policies, or regulations of networks connected to our website, the terms of which are incorporated herein.

iv. You may not assign or transfer your membership or membership rights to anyone.

5. Limitations on Liability

i. The content of our website, and the services we deliver are provided “as is.” If you are considering making a decision based on information on the site which may cost you money, you are in the best position to guard against loss and damage and so you agree that you make such decisions entirely at your own risk.

ii. Access to the site is not warranted to be uninterrupted or fault free. Our services may be interrupted at any time, or cease operation altogether. We take no responsibility for any failures, delays, or interruptions in the delivery of any content contained on our website.

iii. We make no representations or warranties, whether express or implied, of any kind about the accuracy, completeness, currency or functionality of the information available via our website. We assume no liability or responsibility for any errors or omissions in the content of our website. Under no circumstances shall we or our principals, shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our website. It is your responsibility to evaluate the information, opinion, advise, or other content available through our website.

iv. To the full extent permissible by law, we are not responsible for any losses or damages arising from the use of the content provided on our website, or for any conduct by users of our website.

v. In no event shall we, our principals, shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of any games or the information on our website. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

     vi. PLEASE NOTE: Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re-supply of the defective services, at our option. 

6. Intellectual Property

i. All content and data included on our website, including but not limited to graphics, text, logos, button icons, and software, is our property, or our supplies and is protected by copyright laws. No content may be reproduced or used without express written permission from us and any other copyright holder.

ii. Trademarks not owned by us that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

iii. Any images of persons or personalities contained on our website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

7. Complaints

i. Please direct complaints about content on our website, chat rooms, postings, and travelling companions to: info@xrad.com.au

ii. Various graphics, text and links are provided by third parties. The material may be inaccurate or infringe the rights of third parties. If you believe any material infringes your rights or those of a third party, or is misleading, deceptive, likely to mislead or likely to deceive, please write to info@xrad.com.au providing the following information:

a. Evidence of authority to act on behalf of the owner of the copyright interest;
b. Identification of the copyrighted work that you claim has been infringed upon;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, our agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

iii. You should be aware that, under the Copyright Act 1968, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and legal fees.

8. Right to Terminate

i. We reserve the right to terminate or restrict your membership, or the use of our services without notice, at our sole discretion, but we will terminate your membership if:

a. you breach these Terms;
b. we cannot verify or authenticate the registration information you provide;
c. we, in our absolute discretion, decide that you have ceased to use your account;
d. we decide to cease providing our service.

ii. You may terminate your membership at any time by giving us notice in writing to 
info@xrad.com.au.

9. Miscellaneous Provisions

i. Notices may be given to you at your last known address or e-mail address. Notices to us can be sent to info@xrad.com.au.

ii. This Agreement will be governed by and construed according to the law of New South Wales and the parties consent to the exclusive jurisdiction of the State of New South Wales in respect of any litigation that might arise in relation to our website.

iii. If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.

10. Contact

If you have a question or concern about these Terms, please contact info@xrad.com.au or you may send mail to:

Customer Service
Xplore Radiology
79a Kurrajong Avenue, Leeton, NSW 2705 Australia