Terms & Conditions of use
These are the Terms and Conditions of Use of Advicon ImagingPty Ltd ATF Icon Medical Group Trust trading as Advicon Imaging (ACN 665 352 796) and operating the website http://www.iconradiology.com.au (“I”, “we”, “me”, “us” and when relating to me or us, “our” or “my”).
Please read this document carefully and contact us if you have any questions
1. About the Website
Access to and use of the website and any electronic products or services accessible via the website (“the products and services”), is provided by Advicon Imaging. Please read these Terms and Conditions of Use (“the terms”) carefully. By using, browsing and/or reading the website, you indicate that you have read, understood and agree to be bound by the terms. If you do not agree with the terms, you must immediately cease use of the website and the products and services.
We endeavour to provide users with accurate and helpful information, but this website is not a substitute for face-to-face direct health and medical advice from a qualified health professional. For questions regarding health or medical conditions, you should always seek the advice of a qualified health professional.
We reserve the right to review and change any of the terms by updating this document at our sole discretion. If we decide to change the terms, we will post a copy of our revised terms on our website or otherwise make a copy of it available to you and use reasonable endeavours to provide you with notice of updates to the terms. Any changes to the terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the terms for your records.
If you are a patient and require urgent medical attention, please do not use our patient online booking system and instead please call us directly. If it is a medical emergency, please call 000.
2. Application of Terms
These terms apply to this website and your use of the website.
These terms will apply to patients to the extent that they use the website to access the products or services. In the event of a conflict between these terms and a term of any other agreement with us, the terms of the other agreement prevail.
Your use of this website does not create any doctor-patient relationship between you and us, and this website does not give, or purport to give, any medical advice.
3. Registration to use Products or Services
To access certain products or services, you may be required to register for an account through the website or a third-party service (“account”).
As part of the registration process, or as part of your continued use of our products and services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- an email address;
- a mailing address;
- a telephone number
You warrant that any information you give to us in completing the registration process is accurate and correct at the time you provide it and that you will provide updated information as and when the information becomes out of date.
4. Third party services and payments
Certain software and other functionalities provided or made available on or through the website may be stated to be subject to additional terms and conditions. The terms must be read together with such additional terms to the extent they apply to you and your access of any part of the website or other functionality.
We may provide your report to your referring physician via a secure electronic system. The system is encrypted and requires certificates at the referrers end to allow them de-encrypt the report and download it into their patient management system.
We also provide online access to your images, via a secure website that requires secure login by users. Your referring practitioner may request access to your images via this method.
We will seek your approval should a third party such as a specialist request access to these images.
You can also choose to have your images sent to you via electronic method, which would mean no hard copy images will be printed. You may use these images as you wish, and may also choose who gains access to these images, by providing them with an email and an access key to the images online. Images are accessed via a secure online cloud.
On your first visit to our practice, your permission to use, send and disclose your records via these secure online / electronic methods will be sought. Information will only be sent to your referring practitioner or treating specialist. At any time, should you wish to withdraw this permission, you may contact us to revoke the permission.
Where the option is given to you, you may make payment for the products and services (“fee”) by way of:
- Electronic funds transfer (“EFT”) into our nominated bank account;
- Credit card payment;
- Cash; or
- any other method of payment accepted by us from time to time.
5. Copyright and intellectual property
The website, products and services and all related products of Advicon Imaging are subject to copyright, and some may be protected by trade marks. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the products and services and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by us or our contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by us.
You may not, without the prior written permission of us and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the products and services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the website which are freely available for re-use or are in the public domain.
The website is available on an as-is basis, and we will not be liable if the website or any part of it is unavailable for any period.
We do not represent or warrant that the website is error-, bug- or virus-free.
We may temporarily or permanently suspend your access to the website for any reason, including upgrades or modifications, or for breach of any of our policies. We may also restrict your access to the website at any time.
8. General disclaimer
Nothing in the terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the terms are excluded; and
- We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the products and services, the website or these terms (including as a result of not being able to use the website, products and services or the late supply of the products and services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the website and the products and services is at your own risk. Everything on the website and the products and services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Advicon Imaging make any express or implied representation or warranty about the products and services or any products or services (including non-electronic products and services) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer because of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the website, the products and services, or any related products (including third-party material and advertisements on the website);
- your continued use of any products and services which you obtained while you were a registered user of the website or a third-party service after you are no longer a registered user of the website or a third-party service or after you have closed your account;
- costs incurred by you in using the website, the products and services or any of our services; and
- links which are provided for your convenience.
Subject to the foregoing clauses and to the extent permitted by law, you agree to indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the website, products and services
- any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so; and/or
- any breach of the terms.
10. Dispute resolution
If a dispute arises out of or relates to the terms, either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the terms claiming a dispute (“dispute”) has arisen under the terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.
On receipt of that notice by that other party, the parties to the terms must:
- Within 30 days of the notice, endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society Mediation Program or his or her nominee;
- The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation. The mediation will be held in New South Wales, Australia;
All communications concerning negotiations made by the Parties arising out of this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If 30 days have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
11. Venue and jurisdiction
The website, products and services offered by us are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
12. Governing law
The terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the terms shall remain in force.
If you have any questions or would like more information about career opportunities at Advicon Imaging, please don’t hesitate to contact us. We look forward to hearing from you.