Terms & Conditions
Last updated on September 1st, 2017
- The terms and conditions set out in this document form a legally binding agreement between you and the Clinic in relation to your access to and use of the Services. "The Clinic", "we" or "us" means , whose principal place of business is at . This legal agreement is referred to below as the "Terms" or the "agreement".
The Terms apply to your use of the following services, products, software and websites (referred to collectively as the "Services" in this document):
- the Zed patient portal software, being the software developed by Zed Technologies Pty Limited (“Zed”) which allows customers to store, retrieve, share and view medical records and imagery on mobile devices via the Clinic’s Zed patient portal app ("App") and via the Clinic’s website, located at https://myimages.hamiltonradiology.co.nz, ("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, App or otherwise.
ACCEPTING THE TERMS
- In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by the Clinic in the user interface for any of the Services; or
- by actually accessing or using the Services. In this case, you understand and agree that the Clinic will treat 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 the Clinic will use all reasonable endeavours to ensure that the Services are accessible at all times, the Clinic cannot guarantee that this will be the case. the Clinic will use all reasonable endeavours to post a notice on the Website prior to performing any maintenance that will result in the Services being unavailable. The Clinic is not responsible for any problems associated with the use of the public internet.
- While the Clinic endeavours to ensure that the Services are free from viruses and other harmful code, you are responsible for taking appropriate steps (including the use of up-to-date anti-virus and anti-spyware software) to protect your computer systems from viruses and other harmful code.
YOUR USE OF THE SERVICES
- Unless you and the Clinic have specifically agreed otherwise in writing, you are responsible for providing at your own cost all computer and telecommunications facilities that you require in order to access and use the Services, and for configuring those facilities (for example, by having appropriate security and firewall settings) so that you can access and use the Services.
- The Clinic reserves the right to establish a maximum amount of network bandwidth, memory, or other computer storage and a maximum amount of data that you may store, post or transmit on or through the Services.
- In order to access certain Services, you may be required to provide information about yourself (such as identification and/or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to the Clinic will always be accurate, complete and up to date.
You agree to use the Services only for purposes that are permitted by:
- The Terms; and
- any applicable laws, regulations or generally accepted practices or guidelines.
PAYMENT FOR THE SERVICES
- The Clinic may make one or more Services available to you on a complimentary basis for a minimum of 12 months (and possibly longer at the discretion of the Clinic).
- Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this agreement by reference and are legally binding.
- You agree and acknowledge that any data associated with your use of the Services during the free trial period may be permanently lost unless you purchase a subscription to the Paid Services before the end of the trial Complimentary Access period.
Paid Services: At the end of your complimentary access you will be given the option to take up paid access to the Services (Paid Services):
- Paid Services will be offered by either the Clinic or Zed in the form a further subscription period.
- Paid Services are entirely optional
- You will be offered new Terms and Conditions at the time of the Paid Services offer
- Whether or not you decide to take up Paid Services, the Clinic will retain your data (including images) for a minimum of 7 years.
- Complimentary Access
YOUR PASSWORDS AND ACCOUNT SECURITY
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- Accordingly, you agree that you will be solely responsible to the Clinic for all activities that occur under your account.
- If you become aware of any unauthorised use of your password or of your account, you agree to notify the Clinic immediately by sending an email to
PERSONAL INFORMATION AND DATA
- the information that we collect and hold will include your name, title, date of birth, address and radiology images and reports provided by us as your radiology clinic. This information constitutes health information and its collection is reasonably necessary for us to provide the Services;
- we collect, hold, use and disclose your health information in order to perform the Services; and
- we may disclose your health information to external service providers involved in the provision and maintenance of our business systems including Zed Technologies and organisations that are located in a range of countries. This may mean that your health information is held and processed outside your home country.
- If your access to the Services is suspended or cancelled (including where this agreement is terminated under clause 12(c) of the Terms), the Clinic may permanently delete your data from the Zed patient portal servers. The Clinic has no obligation to return your data to you after your access to the Services is suspended or cancelled. Any of your data that is deleted may be irretrievable.
- You acknowledge and agree that the Clinic (or Zed or the Clinic\'s other licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights that subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- You further acknowledge that the Services may contain information that is designated confidential by the Clinic, and you agree not to use or disclose such information without the Clinic\'s prior written consent.
LICENCE OF SOFTWARE
- The Clinic gives you a personal, non-assignable and non-exclusive licence to use the software provided to you by the Clinic as part of the Services ("Software") solely as provided to you by the Clinic. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Clinic, in the manner permitted by the Terms.
- You may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorised to do so in writing by the Clinic.
- Unless the Clinic has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Your use of any applications that you download from any app store or similar for the purposes of accessing, or as part of your use of, the Services is also governed by the terms of the Licensed Application End User Licence Agreement, which forms part of the appropriate App Store Terms and Conditions. If there is any inconsistency between the Terms and the Licensed Application End User Licence Agreement, the Terms will prevail to the extent of that inconsistency.
- The Software may automatically download and install updates from time to time from the Clinic, from any app store or similar, or you may be prompted to download and install such updates. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive or download (as applicable) such updates, and permit the Clinic to deliver them to you, as part of your use of the Services.
- This Agreement shall remain in full force and effect throughout complimentary access period or the relevant subscription period ordered by you as part of the Paid Services (whichever is greater), unless terminated in accordance with these Terms.
- This Agreement will extend automatically if you have selected any of the auto renewal subscription options, unless you give the Clinic written notice that you do not want it renewed. Notice must be given at least 30 days before the Renewal Date of any term.
- The Terms will continue to apply until terminated by either you or the Clinic as set out below.
- If you want to terminate your legal agreement with the Clinic you may do so by requesting termination in writing to
- The Clinic may terminate the agreement (and cancel your access to the Services) with immediate effect by notice to you if you breach any of your obligations under the Terms and fail to remedy that breach within 7 days of receiving notice of the breach.
- Where the Clinic has a right to terminate under this clause, we may instead choose to suspend your access to the Services (in whole or in part).
Following the termination of this agreement for any reason:
- you will remain liable to the Clinic for all amounts due in respect of your access to and use of the Services up to the date of expiry or termination;
- any legal rights, remedies or liabilities that have accrued prior to the date of expiry or termination are unaffected; and
- clauses 4, 7, 8 and 9 of the Terms, together with any other provisions that are intended by their nature to survive termination, will continue in force in accordance with their terms.
EXCLUSION OF WARRANTIES
- You may have rights under statutory consumer protection laws which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitation of liability in clause 14 below, apply subject to any rights you may have under such laws.
You expressly understand and agree that your access to and use of the Services is at your sole risk and that the Services are provided "as is" and "as available". In particular, the Clinic does not represent or warrant to you that:
- your access to and use of the Services will meet your requirements (and you expressly acknowledge that you have relied upon your own experience, skill and judgement to evaluate the Services and that you are satisfied as to the suitability of the Services to meet your requirements); or
- your access to and use of the Services will be uninterrupted, timely, secure or free from error.
- Without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.
- If any condition, warranty, guarantee or other provision is implied or imposed in relation to this agreement between you and the Clinic (whether based in legislation, the common law or otherwise) and cannot be excluded (a Non-Excludable Term), and the Clinic is able to limit your remedy for a breach of such a Non-Excludable Term, then the Clinic\' liability for such a breach of the Non-Excludable Term is limited to the cost of us supplying of the services again.
LIMITATION OF LIABILITY
- To the maximum extent permitted by law, the maximum aggregate liability of the Clinic and Zed for all claims arising under or in relation to this agreement, or otherwise as a result of your access to and use of the Services, during any 12 month period is limited to the amounts (if any) paid by you to the Clinic for your access to the Services during the relevant 12 month period.
- Subject to the Clinic\'s obligations under the Non-Excludable Terms, and to the maximum extent permitted by law, in no event is the Clinic or Zed liable under or in relation to this agreement or its subject matter for any indirect, special or consequential loss or damage or for any loss of goodwill, opportunities, anticipated savings or profits.
- The limitations and exclusions in paragraphs 14(a) and 14(b) apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity, or on any other basis.
- You agree to indemnify, defend and hold harmless the Clinic, Zed and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including reasonable legal fees) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in the Terms.
CHANGES TO THE TERMS
- The Clinic may make changes to the Terms from time to time. Before these changes come into effect, the Clinic will make a new copy of the Terms available on the Website. You understand and agree that if you access or use the Services after the date on which the Terms have changed, the Clinic will treat this as acceptance of the updated Terms.
- The Clinic is not liable for any failure to perform its obligations under the Terms where that performance is delayed, prevented, restricted or interfered with for any reason outside the Clinic\'s reasonable control.
- This agreement is governed by the laws of Victoria, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
- This agreement supersedes all previous agreements about its subject matter and embodies 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 in this agreement is intended to constitute 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 disadvantage of a party because that party was responsible for the preparation of these terms.
- Any provision of this agreement that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this agreement is not affected.
- The obligations on you under this agreement are enforceable by Zed directly against you despite the fact that Zed is not a party to this agreement.