This agreement, together with any additional terms, conditions, notices and disclaimers contained elsewhere on this website forms the conditions of supply of material on, use and access to this website (‘the Website’). Everlight Radiology maintains this Website as a service to its clients and general public.
Your continued use of the Website constitutes an acknowledgement and agreement by you that you accept and agree to abide and be bound by these terms and conditions and any modifications made to them from time to time. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain documents from this site.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Web site are protected under applicable copyrights, trademarks, service marks, trade names and other proprietary (including but not limited to intellectual property) rights.
Any rights not expressly granted herein are reserved to Everlight Radiology. The copying, redistribution, use or publication by a user of any such content or any part of the Website is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
You may not use, publish, perform, transmit, licence, sell, transfer, modify, copy or reproduce any of the material contained in or products and services displayed on this Website except that you may:
- download a copy of this Website to the local hard drive of the computer used to access this site; and
- print extracts of this Website for Your personal use only.
You must also ensure that you do not provide a link to this Website from another website without our prior written consent. Nothing displayed on this Website should be construed as granting any licence or right of use of any logo or trademark displayed on the Website without the express written permission of the relevant owner.
As a condition of you use of this Website or any services on this Website, You warrant to Everlight Radiology that you will not use this Website for any purpose that is unlawful, or prohibited by these terms and conditions.
You agree to abide by all applicable laws, regulations and codes of conduct and you agree not to:
- use this Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
- publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- use any automated scripting tools or software;
- engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Website;
- impersonate any person or entity;
- upload, post, email, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
Everlight Radiology retains the right at all times to monitor, retain and disclose any information as is necessary to satisfy any applicable law, regulation, legal process or governmental request.
You will indemnify to Everlight Radiology if to Everlight Radiology or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the Website.
In no event is Everlight Radiology liable for any direct, incidental, consequential, special, punitive or exemplary damages or loss of profits of whatever nature (even if Everlight Radiology has been advised specifically of the possibility of such damages arising from consumers using the Website or engaging the services of Everlight Radiology), howsoever arising including but not limited to:
- the use of or access to, or any inability to use or access the Website or any material on the Website;
- unauthorised access to, or alterations of Your transmissions or data; or
- statements or conduct of any third party on the Website;
- Your reliance on any statement or representation made on the Website.
Everlight Radiology does not exclude any rights and remedies available to you in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by Everlight Radiology of any goods or services via the Website which cannot be excluded, restricted or modified. However, we exclude all other conditions and warranties which may be implied by law.
In the event that these terms and conditions or this Website or any part of it constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act, 1974 or any equivalent statute or territory legislation as amended (‘the Act’), nothing contained in these terms and conditions or this Website or any part of it restricts or modifies in relation to any of these and/or the goods or services to be supplied in connection with these terms and conditions or this Website or any part of it, any condition, warranty, right or remedy which pursuant to the Act, applies to these terms and conditions or this Website or any part of it, or is conferred on You, provided that to the extent that the Act permits Everlight Radiology to limit its liability for breach of condition or warranty implied by the Act, then Everlight Radiology’s liability for such breach including any consequential loss which You may sustain or incur shall be limited to:
- in the case of goods, any one or more of the following acts as determined by Everlight Radiology:
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
- in the case of services any cost of the following as determined by Everlight Radiology:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
The information, forms and agreements from or through the site are provided “as-is," ““as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
The forms, agreements and documents may contain bugs, errors, problems or other limitations. The negations of damages set forth above are fundamental elements of the basis of the bargain between Everlight Radiology and user. This Website and the information, forms, agreements and documents would not be provided without such limitations.
Please remember that medical information provided by Everlight Radiology and clinics, in the absence of a visit with a health care professional, must be considered as an educational service only. The information sent through e-mail should not be relied upon as a medical consultation. This mechanism is not designed to replace a physician's independent judgement about the appropriateness or risks of a procedure for a given patient. We will do our best to provide you with information that will help you make your own health care decisions
User agrees to indemnify, defend and hold Everlight Radiology and its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties “) harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a User's violation of this Agreement or use of the Web site.
Non - Transferable
User's right to use the Web site is not transferable. Any rights given to user to obtain forms are not transferable.
Editing, Deleting and Modification
Everlight Radiology reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Website.