Terms of Use

Imaging Associates Group Website Terms of Use

These Terms of Use apply to your use of the Website.  The Website is owned and operated by IAG.

You accept these Terms of Use when you access and otherwise use our Website.  If you do not agree to these Terms of Use, you must immediately stop using the Website.

By using our Website, you warrant to IAG that you are at least 18 years of age, that you are a resident of Australia, and that you are legally capable of entering into binding contracts.  If you are under 18 years of age, you warrant that your parent or legal guardian consents to the registration of your Account and your parent or legal guardian accepts these Terms of Use on your behalf.  

You acknowledge and agree that the Website is for personal, non-commercial use only.

  1. General 
    1. IAG will use all reasonable efforts to ensure that our Website is available.  Temporary interruptions of our Website may occur.  We will not be liable for any reason our Website is unavailable at any time or for any period.  We may also impose limits on certain Services or restrict access to some parts of or the entire Website, from time to time.
    2. All content and information provided on or through our Website are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.  While we try to ensure that information on the Website is accurate at the time of inclusion, we are not responsible if content or information made available on our Website is not accurate, complete or current.  The content or information on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information.  Any reliance on the content or information on our Website is at your own risk. 
    3. We may, in our sole discretion, refuse to supply the Website to any person or entity, change our eligibility criteria or withdraw or amend the Website, for any reason at any time without notice, but we have no obligation to do so.  You agree that it is your responsibility to monitor changes to our Website.
  2. Functionality
    1. You can access a range of functionality through the Website.  Specifically through the Website, you may: 
      1. book your imaging appointments with IAG;
      2. be redirected to a Third Party Website to download a mobile application to securely view images; 
      3. send feedback; and
      4. for referrers:
        1. order referral stationery;
        2. be redirected to a Third Party Website to register for events;
        3. register a Visage account; and
        4. access images and reports through a Visage account.
    2. IAG recommends that you confirm your booking or appointment directly with IAG to avoid disappointment.  Further, we strongly recommend you call 000 if you have a medical emergency or require urgent attention.
  3. Providing information to IAG
    1. You have control over the information you give us, or is provided to us about you, specifically in relation to your Personal Information (including Health Information). 
    2. You agree to provide current, complete and accurate information for your booking and appointment, and to promptly update your information so that we can maintain and manage our supply of the Website to you, and contact you as needed. 
    3. IAG may (but are not obliged to) keep any records or back-ups of the information you give us or store on the Website, and we may provide access to you through the Website.  However, you must keep and maintain a separate back-up copy of the information you give us if you require access to it in a different format or for longer than our usual retention period.
  4. Analytics and cookies
    You acknowledge and agree that IAG may use analytics on, or engage third party data analytics service providers for, the Website which enable us to track your activity on the Website, monitor usage patterns, further develop and improve the Website, and to offer relevant services to you.  If you do not want us to access, collect or use your information for this purpose, you may cease using the Website.
  5. Third Party Websites
    IAG may include links to Third Party Websites on the Website.  These links are provided for your convenience only and you acknowledge and agree that those Third Party Websites do not form part of the Website and are not under IAG’s control.  You access those Third Party Websites at your own risk.  We exclude all liability and responsibility for any loss or damage you may suffer as a result from accessing any Third Party Websites. 
  6. Acceptable Use
    You will not and will not attempt or permit any person to: 
    1. access and use the Website in a manner which could interfere with the Website or the access and use of the Website by other users;
    2. engage in conduct or activities which attempt to manipulate or bypass any limitations on the Website including anything that imposes an unreasonable or disproportionately large load on the Website or any network or website connected to the Website;
    3. do (or omit to do) anything that may jeopardise the security of the Website or access to the Website; 
    4. post to the Website or transmit or distribute any code, files or programs designed to interrupt,  limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;  
    5. remove or tamper with any copyright, trade mark or other proprietary notice of ours or any other entity on the Website; 
    6. commit or encourage a criminal offence; or
    7. copy, reproduce, translate, decompile, disassemble, reverse-engineer, attempt to derive the source code, modify, vary or otherwise deal with the Website, any computer code underlying the Website or any content on the Website or any part thereof.
  7. Availability, support, and updates
    1. IAG will use commercially reasonable endeavours to ensure that the Website is subject to security measures consistent with accepted industry standards, however you accept that the Internet is not a fully secure environment and IAG cannot guarantee that the Website will be secure, error free, uninterrupted or timely or that the Website or its related servers, are free of viruses, bugs or other harmful applications or interference.  As such, you: 
      1. provide information to us through the Website at your own risk; and
      2. are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
    2. We may make Updates to the Website at any time.  You acknowledge and agree that the Website may be unavailable for the purpose of us rolling out such Updates.  We will use commercially reasonable endeavours to ensure that any Updates will not materially adversely impact your use of the Website. 
  8. Privacy
    1. Each of you and IAG will, in performing their respective obligations under this Agreement, comply with the Privacy Act, and neither party will put the other in breach of the Privacy Act.
    2. Our Privacy Policy explains our commitment to the protection of your Personal Information.  By providing your Personal Information to IAG through the Website, you agree to IAG: 
      1. collecting, using, and processing your Personal Information in accordance with our Privacy Policy and these Terms of Use;
      2. sharing your Personal Information with your selected Medical Practice and Healthcare Professional; and
      3. using your Personal Information to send you emails and SMS messages for the purposes of complying with our obligations under these Terms of Use.
    3. IAG will only send you marketing material by electronic communications if you have given us permission to do so.  By agreeing to these Terms of Use, you give us this permission unless you have already told us that you withdraw your consent.  If we send you an electronic communication other than a communication containing no more than factual information (for example, an email advising you that these Terms of Use have changed), we will give you the option of not receiving further communications of this nature which will allow you to opt out of receiving electronic communications containing marketing material at any time.
    4. If you suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Website, you must let us know immediately.
  9. Intellectual Property Rights
    1. IAG owns or is the licensee of all Intellectual Property Rights in the Website.
    2. We grant you a limited, personal, revocable, non-exclusive, non-transferrable and non-sublicensable licence to use the Website for the sole purpose of accessing the Website in accordance with these Terms of Use.  
    3. You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the Website.  
  10. Disclaimer
    IAG does not warrant and has no liability to any party (including to you) in relation to:
    1. the accuracy, completeness or reliability of information on the Website;
    2. any Third Party Websites; or
    3. services to the extent not provided by IAG.
  11. Indemnity
    You indemnify IAG against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you:
    1. did not observe any of your obligations under these Terms of Use; or
    2. acted wilfully, unlawfully, negligently or fraudulently in connection with these Terms of Use.
  12. Liability
    1. Nothing in these Terms of Use excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL. 
    2. To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:  
      1. in the case of goods:
        1. replacement or repair of the goods or supplying the equivalent goods again; or
        2. paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
      2. in the case of services:
        1. supplying the services again; or
        2. paying the cost of having the services supplied again. 
    3. To the full extent permitted by law, we are not liable to you for any Consequential Loss arising under or in connection with these Terms of Use.
  13. Termination
    1. We may, without notice to you, limit, suspend or terminate your access and use of the Website at any time for any reason, including due to a breach of these Terms of Use or due to system failure, or any other reason outside of our control. 
    2. You acknowledge and agree that you may lose saved data (such as your Personal Information) or your personal settings on the Website, should we limit, suspend or terminate your access to the Website, at any time and that we are not responsible for any such loss.
    3. You may terminate your use of the Website at any time by immediately stopping your use of the Website.
  14. Entire Agreement
    1. In the event that any provision of these Terms of Use is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms of Use, but that will not affect the validity and enforceability of any of the remaining provisions.
    2. If we fail or delay in the exercise or enforcement of any right or provision of these Terms of Use, that will not amount to a waiver of that or any other right or provision.
    3. These Terms of Use constitute the entire agreement and understanding between you and us and govern your access to and use of the Website, and supersede any prior or contemporaneous agreements, communications or proposals, regardless of whether they were oral or written, between you and us (including any prior versions of the Terms of Use).
    4. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
  15. Governing law
    These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
  16. Changes to these Terms of Use
    1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to the Website. 
    2. It is your responsibility to check the Website periodically for changes.  
    3. Your continued use of the Website after these Terms of Use have been changed or updated, will be taken to be acceptance of such changes or updates. 
  17. Contact information
    Questions about these Terms of Use should be sent to IAG at info@imagingassociates.net.au.
  18. Definitions
    In these Terms of Use:
    1. ACL means the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations. 
    2. Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data). 
    3. Health Information means information about your health or disability, including information or opinion about your illness, injury or disability.
    4. IAG means Imaging Associates Group Pty Ltd ABN 51 154 007 708 and its related bodies corporate, and us, we, and our have the same meaning.
    5. Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including moral rights), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same.
    6. Non-Excludable Rights means certain rights, consumer guarantees, warranties and remedies relating to the Website that is implied by the ACL which cannot be excluded, restricted, qualified or modified by IAG.
    7. Personal Information has the meaning set out in the Privacy Act.
    8. Privacy Act means the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as amended.
    9. Privacy Policy means IAG’s privacy policy located at URL www.imagingassociates.net.au as amended from time to time.
    10. Third Party Websites means any websites operated by third parties.
    11. Website means www.imagingassociates.net.au

Last updated: 8 November 2021.