Terms and Conditions

Introduction

The terms of use by any person (which shall include patients and their guardians) of the MedConsent Program include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the MedConsent Program. The term MedConsent Program in these Terms and Conditions includes the MedConsent Website, the MedConsent Program, any user interface accessed as part of the Website and Program, all data part of that website and Program, and all material provided as part of or to assist with the Website or Program. MedConsent means MedInfoServices P/L, its subsidiaries, staff, agents and licensor.

Website access

MedConsent does not guarantee that access to the MedConsent Program will be uninterrupted or that the MedConsent Program is free from viruses or anything else which may damage any computer or data on that computer which accesses the MedConsent Program.

Website content

While MedConsent endeavours to take reasonable care in preparing and maintaining the information on the MedConsent Program, including medical information provided to you on behalf of your practitioner, MedConsent does not warrant the accuracy, reliability, adequacy or completeness of any website content. You acknowledge and accept that the MedConsent Program content may include technical inaccuracies and typographical errors. The MedConsent Program content is subject to change at any time without notice.

Patient information

Any information entered by or on behalf of a patient in the MedConsent Program is confidential and will be made available only to the patient, patient’s practitioner/s and the practitioner’s authorised staff, and MedConsent staff for the purpose of ensuring proper operation of the Program. Patients may amend or delete the information they enter but agree that the information provided to a practitioner in relation to a procedure shall be kept as part of the practitioner’s consent documentation for that procedure. Patient information including information entered by the patient and practitioner shall be deleted after a retention period set at the sole discretion of MedConsent.

Limitation of liability

To the maximum extent permitted by law MedConsent excludes liability for any loss or damage (including special, indirect or consequential loss and loss of business profits) arising out of or in connection with the MedConsent Program and the use or performance of the MedConsent Program except to the extent that the loss or damage is personal injury directly and solely related to the medical risk information provided by MedConsent to you.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies into these Terms and Conditions, or gives rise to, a warranty or guarantee which may not lawfully be excluded, MedConsent’s liability for breach of such warranty or guarantee shall be limited to payment of the cost of having the services supplied again.

Intellectual property

The materials displayed on the MedConsent Program, including without limitation all information, photographs, illustrations and other graphic materials, and names, logos and trade marks, are, unless otherwise stated, the property of MedConsent and are protected by copyright, trade mark and intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use provides that any copyright notice on such material is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of MedConsent. Save for the above, and unless expressly granted, MedConsent does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the MedConsent Program.

Third party websites

The MedConsent Program may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, MedConsent does not control, endorse, sponsor or approve any such third party websites or their content nor does MedConsent provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

Interference with website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the MedConsent Program other than the personal information which you have entered.

Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia. If a dispute arises from these Terms and Conditions, MedConsent and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Last revised: 28 June 2020