Terms-Conditions

iMEDICAL TERMS AND CONDITIONS

About
1. The iMEDICAL website at www.imedical.com.au (Website) and services offered from the Website are owned and operated by iMEDICAL Pty Ltd ABN 603 543 791 (‘iMEDICAL’, ‘we’, ‘our’, or ‘us’).
2. The services offered by iMEDICAL through the Website include:
  - patient requested pathology services online (Pathology Services);
  - flu vaccinations delivered in a workplace (Corporate Flu Vaccinations);
  - health checks for employees in the workplace or at a designated medical practice (Corporate Health Checks);
  - insurance health checks and reports at your premises (Insurance Health Checks); and
  - other services which are offered by iMEDICAL from time to time, together referred to as ‘iMEDICAL Services’.
3. In these terms and conditions we refer to the recipient of iMEDICAL Services as ‘you’ or a ‘Customer’.
Pathology Services
1. You will order the specific pathology tests you require (or packages of tests offered by us from time to time) through the Website, providing us with your personal details as we request. Following receipt of payment for your selected pathology tests, we will email you a pathology request form. You will take the pathology request form to one of our associated collection centres (Collection Centres) to undertake testing. iMedical will not be liable for any bills received from non-affliated labs you have attended against our instructions and instruct any non-associated Lab to direct the bill to the patient.
2. We will email you your pathology test results typically within 24 to 48 hours although certain rarer testing may take longer than this. Your pathology test results will include an easy to understand reference indicating whether test results are abnormal or normal. Any grossly abnormal pathology test results will be reviewed by one of our Australian registered medical practitioners (Dr) and we will assist you to access medical care. As an online service we do not offer a traditional doctor-patient relationship. We recommend that you discuss your pathology test results with your medical practitioner for advice.
3. You understand and agree that iMEDICAL will:
  - not diagnose or treat disease or medical conditions which may be indicated by pathology test results delivered as part of the iMEDICAL Services and any test information provided on the website or personal dashboards is of a generic nature for information purposes only and not to be construed as medical advice; and
  - only send your pathology test results to the email address you supplied when ordering your tests through the Website and will not send pathology test results to your medical practitioner or any other third party. With the exception of certain notifiable infectious diseases. These are notified by the laboratory to the relevant Public Health unit and,
  - Notifiable Infectious Diseases: Due to the self-order nature of imedical services the Public Health unit may need to contact you directly by phone and or email for follow up information in the case of a notifiable infectious disease as there isn't a Dr they can contact on your behalf.
  - not be liable if incorrect information (mobile number and email) is entered into our system by yourself. A results link is sent to text.
4. If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before taking any particular course of action based upon your iMEDICAL Services.
Corporate Flu Vaccinations, Corporate Health Checks and Insurance Health Checks
1. Where your employer has retained us to provide Corporate Flu Vaccinations, Corporate Health Checks, or you have booked an Insurance Health Check, we will provide you with the health check package you or your employer (as applicable) has ordered. You will be able to book your flu vaccination appointment using our online booking system on the Website. In order to book your flu vaccination appointment you will be required to provide your informed consent to receiving the flu vaccination. You agree to attend the booked flu vaccination appointment on time.
2. iMEDICAL does not guarantee any particular outcome as a result of your use of the iMEDICAL Services.
3. The iMEDICAL Service is only intended for people living in Australia.
Terms of Use
1. By ordering iMEDICAL Services through the Website or making an online booking through the Website or telephone booking for a Corporate Flu Vaccination, a Corporate Healh check or an Insurance Health Check or any other iMEDICAL Service appointment, you will be acknowledging and agreeing that you:
  - have read and understood these terms and conditions and agree to be bound by them;
  - consent to the use of your personal information for the purposes set out in these terms including by electronically transferring your pathology tests results from the Collection Centre used for your tests to iMEDICAL;
  - consent to the use of Secure Pay software through a link on the Website (or other payment software contained on the Website from time to time) (if applicable); and
  - consent to receiving communications from us as outlined in paragraph 7 of these terms.
2. iMEDICAL may amend its terms and conditions from time to time and will post its amended terms on the Website. The date of posting the amended terms on the Website will be the date the new terms come into effect and apply to you. Your continued use of the Website and the iMEDICAL Services after posting of the amended terms will indicate your acceptance of the amended terms.
Registration for Service and licence
1. Customers must be at least 18 years old in order to receive iMEDICAL Services.
2. Purchase of the iMEDICAL Services is for you as a single customer only.
3. On payment for iMEDICAL Services, iMEDICAL grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the Website, the pathology request form, pathology test results and any other materials provided to you by iMEDICAL as part of the delivery of the iMEDICAL Services in accordance with these terms and conditions and solely for your personal use.
Paying for IMEDICAL Services and refunds
1. Except where IMEDICAL Services are being paid for by your employer, you must pay for IMEDICAL Services through the Website at the time of ordering IMEDICAL Services using the Secure Pay payment facility contained on the Website or other payment facility from time to time in the Website.
2. You may cancel your order for Pathology Services within 7 days of your order as long as pathology samples have not already been taken. No refunds can be given for pathology Services once samples have been taken or later than 7 days after the order has been placed. Delays in results do not qualify for refunds.
iMEDICAL Rules for use of Website
1. You must:
  - not use the Website or the iMEDICAL Services for any illegal purpose;
  - not undertake any activity which uses, exploits or affects the Brand or the iMEDICAL Intellectual Property except for the purposes of your personal receipt of iMEDICAL Services or personal use of any goods or services purchased through the Website;
  - not interfere with the enjoyment of another Customer;
  - not perform any fraudulent activity in connection with the iMEDICAL Services or the Website;
  - not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology.
2. Customers are responsible for obtaining and maintaining the data network access to use the Website and email communications. Customers are also responsible for updating their devices to enable use of the Website and any updates to the Website.
Suspension or termination of your registration for the Service
1. iMEDICAL may suspend or terminate your receipt of iMEDICAL Services at any time should it consider that you have breached these terms and conditions or it is otherwise appropriate to do so.
2. iMEDICAL will suspend or terminate your receipt of iMEDICAL Services by written notice to you (which will include notice by email).
3. Customers may stop using the iMEDICAL Services and the Website at any time.
Complaints
1. Customers may make a complaint about any goods or services supplied by iMEDICAL or any other matter concerning iMEDICAL Services by email to ord@imedical.com.au
2. Customers must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.
3. iMEDICAL will investigate the complaint and endeavour to respond within 14 Business Days.
Disclaimers
1. iMEDICAL does not guarantee that the Website will function on any particular device and Customers acknowledge and agree that the Website may suffer from malfunction or delays from time to time and that this is an inherent risk of such internet and electronic based systems.
Our liability to Customers
1. You understand and agree that iMEDICAL makes no representation or warranty about the benefits, risks or results of any of iMEDICAL Services.
2. Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot be lawfully excluded, restricted or modified.
3. Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement.
4. iMEDICAL will not be liable for any loss or injury attributable to:
  - your fault;
  - a third party’s fault (such as the owner of any third party’s software linked in the Website. Laboratory or Collection Centres);
  - any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website or other material on the Website, or any website linked to it;
  - the conduct or actions of Customers online or offline or their use of the Website;
  - any website links contained on the Website to external organisations or advertisements or the use of such an external organisation’s website or App; or
  - events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.
5. We are not liable if you ignore our recommendation at any time, to seek medical or other professional advice.
Warranties (by Customers)
1. You represent and warrant to iMEDICAL that:
  - you are 18 years old or over;
  - all information and documentation provided to iMEDICAL from time to time is true and accurate and not misleading in any respect;
  - you are in good health and if you are receiving a Corporate Flu Vaccine know of no medical or other reason why you should not receive the flu vaccination from iMEDICAL; and
  - you will abide by these terms and conditions at all times.
Limitation/exclusion of liability
1. Customers acknowledge and agree that iMEDICAL excludes all liability to Customers to the maximum extent permitted by law including the Australian Consumer Law contained in the Competition and Consumer Act 2010.
2. Customers agree and accept that the entire risk arising out of your use of the Website and any iMEDICAL Services remains solely with Customers to the maximum extent permitted by law.
3. To the maximum extent permitted by law, neither iMEDICAL nor any of its officers, staff or contractors will be liable to you (whether in contract, tort or otherwise):
  - for any consequential, special, incidental or indirect loss or damage including loss of profit howsoever arising; and
  - nor shall we accept any responsibility for any injury, loss or damage sustained by any person or persons arising out of or in connection with any products or services provided by us (including the administration of the flu vaccine) and which does not arise from any negligent act or omission of iMEDICAL and any of its officers, staff or contractors.
Indemnity
1. Customers agree to indemnify and hold iMEDICAL and its officers, directors, employees and agents harmless from any and all Claims arising out of or in connection with:
  - a Customer’s use of the iMEDICAL Services or reports produced by us; or
  - a Customer’s breach of these terms and conditions.
Notice
1. We may give notice to you by email to your email address used to order or book iMEDICAL Services or by written communication to your address as notified to us, Customers may give notice to us by email to ord@imedical.com.au
Assignment
1. iMEDICAL may assign or transfer the rights and benefits under this agreement and sub-contract our obligations under this agreement to a third party in whole or in part at any time without the approval of the Customer.
2. iMEDICAL may transfer ownership of the Website at any time without the consent of the Customer and the Customer hereby consents to the transfer and disclosure of his or her personal and sensitive information (including health and financial information) to any purchaser of iMEDICAL or its business and assets.
Severance
1. If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.
Entire Agreement
1. These terms constitute the entire agreement between iMEDICAL and Customers and replaces and supersedes all other prior agreements or undertakings between the parties.
Intellectual Property and Ownership
1. The Website, the iMEDICAL logo and trademarks (whether registered or unregistered), the Brand and these terms and conditions, the content of any materials we provide to you in connection with the iMEDICAL Services (iMEDICAL Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.
2. You undertake not to copy, publish or reproduce in whole or in part, the iMEDICAL Intellectual Property except as is expressly permitted by these terms and conditions.
Governing laws
1. These terms and conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
2. All parties hereby submit to the jurisdiction of the Courts of New South Wales, Australia.
Your acknowledgements and consents
1. By ordering or booking iMEDICAL Services you acknowledge and agree that:
  - you have read and understood these terms and conditions and agree to be bound by them;
  - you are responsible for all costs incurred by you with respect to your usage of the Website, on a device including data usage fees and other telecommunications fees;
  - you give permission for iMEDICAL to collect, use and disclose your personal and sensitive information in accordance with these terms and conditions; and
  - you consent to receiving any communications from us as outlined in section 7 above however you may opt out at any time.
Definitions
1. In these terms and conditions the following words have the following meanings:
  - Brand means the distinctive appearance, image, goodwill and reputation that attaches to the Website, and all other materials supplied through the Website, the iMEDICAL trademarks and the application of the trademarks and the iMEDICAL Intellectual Property to goods, services and premises and includes the distinctive image, Brand positioning and customer appeal created by the appearance, layout, general ambience and presentation of the Website, and the goods and services provided through the Website;
  - Business Days means any day (excluding Saturdays and Sundays and public holidays) on which banks are open for business in Sydney, Australia;
  - Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;
  - Customer means any person who orders or books iMEDICAL Services;
  - iMEDICAL Intellectual Property has the meaning given to it in clause 20.1 above;
  - Privacy Policy means the iMEDICAL privacy policy displayed on the Website from time to time.

iMEDICAL Terms and Conditions

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