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Slay Pty Ltd (ACN 168 669 038), ("PicSafe"/"us"/"we"), provides an online platform designed to facilitate the sending of data and media (including: photographic images, video clips and audio recordings) by health professionals through our website (the "Site") and/or our application for mobile devices, tablet computers and similar devices (the "App", collectively the Site and App is referred to herein as the "Services"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy.
BY CLICKING ON THE "AGREE" OR "I ACCEPT" BUTTON, OR ACCESSING OR USING THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND PICSAFE. YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" extends beyond you to also refer and apply to that company or other legal entity.
PicSafe reserves the right, at its sole discretion, to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification via the Site or App or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Services.
Access to and use of the Services is limited to individuals who are at least 18 years of age.
You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations and professional standards and you assume the risks (including indemnity under Section 11) attendant to the use of the Services. You must register to create an account ("Account") and become a registered user to use the Services.
To register, you must provide your name, your email address, your country, your signature, and other information specified in the registration form ("Registration Data"). You represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete.
Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your mobile carrier or internet service provider or that may otherwise arise from your use of the Services.
PicSafe provides both a free and a paid-for version of the Services. You acknowledge and agree that PicSafe reserves the right, in its sole discretion, to change how it charges you, and collects fees from you, for the use of the Services. PicSafe will provide notice of changes to any fee collection via the Services prior to implementing such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, PicSafe reserves the right to immediately terminate your access to the Services.
The Services are designed to require users to provide a valid, working e-mail address to access and use the Services. Upon registering and signing in, you will be sent an email with a temporary access code that is used to authenticate you. Your email address and access codes assigned to you are, collectively, your "User Information". You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify PicSafe in writing by email of any unauthorised use of your User Information or any other breach of security. PicSafe is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity.
See our Privacy Policy for information and notices concerning PicSafe's collection and use of your personal information. By clicking on the "Agree" or "I Accept" button, or accessing or using the Services you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms.
Subject to your compliance with these Terms, PicSafe grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on your mobile devices and/or computer that you own or control and to run such copies of the App solely for your own personal and professional use. The non-transferable license is also limited by any terms of service provisions required by the vendor from whom you purchased the App (e.g., Apple iTunes, Google Play, etc.) (hereinafter, "App Vendor").
Laws, regulations and professional standards impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of healthcare professionals and persons acting on their behalf, to make use of certain confidential patient information ("Patient Information") and/or to transmit Patient Information to third parties without express consent.
You represent and warrant that you will, at all times, comply with all applicable laws, regulations and professional standards directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of Patient Information, and require all persons or entities under your direction or control to comply with such laws, including all applicable privacy laws and the Privacy Policy. You are at all times solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information that you transmit, store, or receive in connection with the Services and any third party site.
We expressly do not assume any responsibility for your use or misuse of Patient Information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the Services. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of Patient Information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.
Your representations, warranties, and obligations in this section survive termination of these Terms.
You agree not to do any of the following: (i) take, transmit or otherwise make available any Patient Information that you do not have a right to take, transmit or make available under any law or under contractual or fiduciary relationships; (ii) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PicSafe or any of PicSafe's providers or any other third party (including another user) to protect the Services; (iii) attempt to access or search the Services through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools or the like) other than the software and/or search agents provided by PicSafe or other generally available third party web browsers; (iv) send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation, from the App or otherwise; (v) use any meta tags or other hidden text or metadata utilising a PicSafe trademark, logo URL, or product name without PicSafe's express written consent; (vi) attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; (vii) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing any of the Services; (viii) violate any applicable law or regulation, or any other rules of professional conduct; or (ix) encourage or enable any other individual to do any of the foregoing.
PicSafe will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PicSafe may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that PicSafe has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction.
The Services may contain links to third-party websites or resources, which do not form part of the Services. You acknowledge and agree that PicSafe is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources for which such third party is solely responsible. Links to such websites or resources do not imply any endorsement by PicSafe of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
If you breach any of these Terms, PicSafe will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. PicSafe reserves the right to revoke your access to and use of the Services at any time, with or without cause. You may cancel your Account at any time by contacting us. The change will be processed within seven (7) days.
THE SITE, SERVICES AND APP ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PICSAFE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. PICSAFE MAKES NO WARRANTY THAT THE SITE, SERVICES OR APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PICSAFE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES, OR APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES, OR APP.
YOU MAY NOTIFY THE APP VENDOR IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO THE ABOVE-STATED WARRANTY. THE APP VENDOR WILL REFUND THE PURCHASE PRICE OF THE PICSAFE APP TO YOU, BUT THE APP VENDOR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PICSAFE APP.
THE INTERNET IS AN INHERENTLY INSECURE COMMUNICATION PLATFORM. WE DO NOT GUARANTEE THE SECURITY OF THE SITE, SERVICES OR APP AT ANY GIVEN TIME. YOUR ACCESS TO AND USE OF THE SITE, SERVICES OR APP IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT ANY INFORMATION, DATA, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH OR BY USING THE SITE, SERVICES OR APP IS FREE OF COMPUTER VIRUSES, TROJAN HORSES, WORMS, OR OTHER COMPUTER PROGRAMS, CODE OR OTHER HARMFUL COMPONENTS. YOU MUST ENSURE THAT THE DEVICE USED TO ACCESS THE SAME IS PROTECTED BY UP-TO-DATE ANTI-VIRUS SOFTWARE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PICSAFE OR THROUGH THE SITE, SERVICES OR APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Subject to Your Consumer Rights (as defined below), you agree to defend, indemnify, and hold PicSafe®, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or App or your violation of these Terms.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY RIGHTS WHICH YOU MAY HAVE UNDER ANY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW (“ACL”) AND CONSUMER GUARANTEES RELATING TO GOODS OR SERVICES UNDER THE ACL) WHICH MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT (“YOUR CONSUMER RIGHTS”). YOUR CONSUMER RIGHTS INCLUDE THE RIGHT FOR THE SERVICES TO BE FIT FOR THEIR SPECIFIED PURPOSE AND TO BE PROVIDED WITH CARE AND SKILL. YOU CAN FIND OUT MORE ABOUT YOUR CONSUMER RIGHTS FROM CONSUMER ORGANISATIONS AND BODIES SUCH AS THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION AND STATE/TERRITORY FAIR TRADING AUTHORITIES.
IF THESE TERMS AND/OR THE PROVISION OF SERVICES ARE GOVERNED BY THE ACL, TO THE EXTENT PERMITTED BY LAW OUR LIABILITY TO YOU FOR FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO THE RE-SUPPLY OF THE SERVICES OR PAYMENT FOR SUCH RE-SUPPLY. IN THE CASE OF A ‘MAJOR FAILURE' (AS THAT TERM IS DEFINED IN THE ACL), YOU MAY BE ENTITLED TO COMPENSATION FOR THE REDUCTION IN THE VALUE OF THE SERVICES, AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO YOUR CONSUMER RIGHTS, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES OR APP REMAINS WITH YOU. NEITHER PICSAFE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR APP, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR APP WHETHER BASED ON WARRANTY, CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICSAFE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL PICSAFE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR APP EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (A$100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PICSAFE AND YOU.
SUBJECT TO YOUR CONSUMER RIGHTS, WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCESSIBILITY, SECURITY, STABILITY OR RELIABILITY OF THE SITE, SERVICES OR APP AND WE ARE NOT LIABLE IF FOR ANY REASON YOU CANNOT ACCESS THE SITE, SERVICES OR APP AT ANY TIME.
SUBJECT TO YOUR CONSUMER RIGHTS, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGE, LOSS, COSTS OR EXPENSES SUFFERED OR INCURRED, WHETHER AS A RESULT OF YOUR BREACH OF THESE TERMS, AS A RESULT OF ANY TRANSMISSION OF ANY VIRUS OR OTHER HARMFUL CODE, OR AS A RESULT OF ANY SERVICE INTERRUPTION, FAULT OR FAILURE, INCLUDING ONE THAT IMPACTS ON THE ACCESSIBILITY, SECURITY, QUALITY, TIMELINESS, FITNESS FOR PURPOSE, SERVICE INTERRUPTIONS OR RELIABILITY OF ANY COMMUNICATIONS MADE USING THE SITE, SERVICES OR APP.
These Terms are governed by the laws of Victoria, Australia. You agree to the non-exclusive jurisdiction of the courts of Victoria, Australia and of courts entitled to hear appeals from those courts, to resolve any dispute arising or under or in connection with these Terms.
These Terms together with all documentation and policies referenced herein constitute the entire and exclusive understanding and agreement between PicSafe and you regarding the Site, Services and App, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PicSafe and you regarding the Site, Services and App.
You may not assign or transfer these Terms, by operation of law or otherwise, without PicSafe's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. PicSafe may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
All restrictions, rights and indemnities granted by you in favour of PicSafe will survive the termination of these Terms.
The failure of PicSafe to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of PicSafe®.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You acknowledge that the Terms apply to you and PicSafe only, and not with any App Vendor. The App Vendor and any App Vendor subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, the App Vendor will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary.
If you have any questions about these Terms, please contact PicSafe®.
Attention: Legal Officer
legal@picsafe.com
Telephone: +61402884406
Slay Pty Ltd
93 Nicholas Street, Ashburton, Victoria, Australia, 3147
Last updated: 31 January 2017
Slay Pty Ltd