PATIENT AND REFERRER TERMS

(Terms)

These Terms apply to all Patients, Referrers and users of our Services and this website. We may modify and update these Terms at any time, without notice. In using our Services or this website, you agree to be bound by these Terms as well as any other requirements or terms posted on our website from time to time.

1. DEFINITIONS

Clinic means Fairfield Paediatrics.
Content means general information, links, forms and medical records which may be accessed or provided on or through our website.
General Information means the Content on our website excluding specific medical advice that has been provided to a Patient by a qualified medical professional.
Patient means a patient of the Clinic and, if the patient is a child, any parent or guardian of the child.
Referrer means any medical professional capable of referring a patient to another medical professional for medical services.
Services means medical services provided at our Clinic and online Content on our website.
We, our and us mean Fairfield Paediatrics and includes its directors, employees and contractors.
You and your mean Patients, Referrers and users of our website.

2. PATIENT PORTAL

2.1 Patients who have registered as a patient of the Clinic may access a patient portal on our website.
2.2 Patients may use the portal to access their medical records and upload information such as referrals, new patient forms, and other relevant information to the Clinic.
2.3 Referrers will not have access to the portal.
2.4 The medical records that are accessible through the portal may be limited by and subject to our sole discretion and any restrictions imposed by legislation.
2.5 You must not upload any information to the portal that we may deem to:

2.5.1. be defamatory, abusive, obscene, offensive, hateful, intimidating, threatening, profane, misleading, or unlawful;
2.5.2. constitute junk mail or bullying;
2.5.3. infringe a third parties’ rights; or
2.5.4. breach any other laws.

2.6 We will use information uploaded through the portal to triage the urgency of referrals, enter data into the medical records of Patients, and to assist with the provision of our Services. The information will be accessible by our medical professionals and other staff.
2.7 Patients must not share their password or login details with any other person.

3. APPOINTMENTS

3.1 We require a written referral from a Referrer before we will make an appointment for you at the Clinic.
3.2 An appointment will be made when we have received a referral and confirmed your details.
3.3 We may request you to provide your credit card information over the telephone in order to secure an appointment. The credit card will not be charged when the booking is made.
3.4 If you fail to attend an appointment without providing 24 hours notice in advance to the Clinic, we may charge a fee of $50-$100 to your credit card.
3.5 You must cancel any appointments by contacting the Clinic at least 24 hours before the appointment to avoid being charged the fee.

4. USE OF WEBSITE

4.1 You will not transfer, sublicense or grant access to any of our Content to any other person, company or business, except as agreed in these Terms.
4.2 You will not share, recreate or otherwise reproduce any Content on or provided through our website, or otherwise transmitted to you by us, except as agreed in these Terms and as intended. No reproduction, distribution or transmission of any Content that is copyrighted is permitted without our written permission.
4.3 You will not sell, resell, share or otherwise provide any Content or Services in any way, manner, medium or create derivative works to any third party.
4.4 You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the website.
4.5 You will use our Content in good faith and will not manipulate, alter, circumvent or in any way use our Content in an unlawful manner or for unlawful means, whether directly or indirectly.

5. INTELLECTUAL PROPERTY

5.1 All custom graphics, icons, logos and service names are our registered trademarks, copyright, trade or service marks.
5.2 All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our services.
5.3 You agree and acknowledge that we retain all right, title and interest in the services, including but not limited to the intellectual property rights contained or embodied within the services.
5.4 You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

6. DISCLAIMER

6.1 Except for any medical advice that has been provided specifically to you by a medical professional, the Content on our website is general in nature, for educational purposes, and is not in any way to be construed as personal or medical advice (General Information).
6.2 The General Information does not take into account your individual health, medical, physical or emotional situation or needs. Before you act on or use any of the General Information, you should consider the appropriateness of the information having regard to your own personal situation and needs.
6.3 You are responsible for consulting a qualified medical professional before using any of the General Information offered or accessed through our website or taking any course of action that may directly or indirectly affect your health or wellbeing.
6.4 The General Information is not a substitute for or intended to take the place of proper medical examination, diagnosis and treatment by a qualified medical professional.
6.5 We do not warrant, promise or guarantee that any of the General Information or its use will produce a particular result.
6.6 Our website may contain links to other websites that are external to our website. We take reasonable care in linking websites, but have no direct control over the content of linked sites, or the changes that may occur to the content on those sites. It is your responsibility to make your own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites.
6.7 Links to external websites do not constitute an endorsement or a recommendation of any material on those sites or of any third party products or services offered by, from or through those sites. Users of links provided by this website are responsible for being aware of which organisation is hosting the external website.

7. MODIFICATION OF WEBSITE AND CONTENT

7.1 We reserve the right at any time and from time to time to remove, delete, alter or amend any Content on our website. We shall not be liable to you or any third party for any modification.
7.2 We make no warranty that the website, Content, or patient portal will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the website, Content and portal are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.

8. CANCELLATION AND TERMINATION

8.1 We have the right to terminate or suspend your access to our Services or the patient portal, with or without notice, for any breach of these Terms or any reason in our sole discretion.
8.2 We may terminate or suspend your access to our Services or the portal if you:

8.2.1. fail to pay any fees or payments for Services when payment is due;
8.2.2. behave in a way or use the portal to upload any information that is in contravention of clause 2.5 of these Terms; or
8.2.3. are suspected of fraudulent, abusive or illegal activity and we may refer the matter to the appropriate law enforcement authorities.

8.3 Upon such termination, regardless of the reasons, your right to use our Services and the portal will immediately cease and we may immediately deactivate your account and bar you from any further access to our Services and the portal.
8.4 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
8.5 If we terminate or suspend your access to our Services or the portal in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.

9. PRIVACY

9.1 We will, at all times, abide by Australian privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information.

10. LIABILITY

10.1 You take full responsibility and assume all risk for using or making any decision based on the Content on our website.
10.2 You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on any information on our website or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.
10.3 Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.
10.4 Except for your statutory rights, the Content is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties that the Content will be provided with due care and skill and fitness for a particular purpose.
10.5 When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.
10.6 In the event of any successful claim, our liability is limited to the amount of the fees for Services last paid by you to us.
10.7 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11. INDEMNITY

11.1 You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.
11.2 This indemnity includes all legal fees resulting from your breach of our Terms, any third party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.

12. GOVERNING LAW

12.1 These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.