GENERAL TERMS AND CONDITIONS

1.    General


1.1.    This Online Services portal (Portal) is owned and operated by Clinical Laboratories Pty Ltd (ACN 006 823 089) trading as Australian Clinical Labs (ACL, we, us).
1.2.    The Portal is available for you to access, use and upload Material, and to place an offer to purchase Services (Order) from us subject to these terms and conditions (Terms).
1.3.    By accessing or using this Portal, you:
1.3.1.    confirm and certify that you are at least eighteen (18) years of age, or your legal guardian has consented to your use of the Portal and Order for Services, or are the legal guardian of a person under the age of eighteen (18) years; and
1.3.2.    irrevocably agree to be bound by these Terms.


2.    Definitions and Interpretation


2.1.    In these Terms, the following definitions are used:
Material means materials, information, documents, pages, files, images, graphics, text, data or any combination of them;
Your Material means Material you submit, post, transmit to or otherwise upload or enter onto the Portal;
Our Material means Material we present on, that is otherwise contained on or that forms part of, the Portal, other than Your Material;
IP Rights means all intellectual property rights, including the following:
(i)    copyright, patents, rights in circuit layouts, trademarks, designs, trade secrets, know how, domain names and any right to have confidential information kept confidential;
(ii)    any application or right to apply for registration of any of the rights referred to in paragraph (i); and
(iii)    all rights of a similar nature to any of the rights in paragraphs (i) and (ii) which may subsist in Australia or elsewhere, whether or not such rights are registered or capable of being registered.
Services means any services including all pathology tests made available by us for purchase on or via the Portal.
2.2.    In these Terms:
2.2.1.    capitalised terms that are defined in these Terms have the same meaning when used elsewhere in these Terms.
2.2.2.    headings and bold type are for convenience only and do not affect the interpretation of these Terms;
2.2.3.    words in the singular include the plural and vice versa;
2.2.4.    words indicating a gender include every other gender;
2.2.5.    words “includes” or “including” or words of similar effect in any form are not to be interpreted words of limitation;
2.2.6.    words importing a person includes individual, company, partnership, join venture, association, corporation and any other entity recognised by law;
2.2.7.    references to a party includes that party’s executors, administrators, successors, assigns, transferees including persons taking by way of novation;
2.2.8.    references to an individual or natural person include his estate and personal representative;
2.2.9.    reference to a clause or sub-clause is a reference to a clause or sub-clause in these Terms;
2.2.10.    reference to laws includes all delegated or subordinate laws made under it as amended, consolidated, replaced, re-enacted from time to time;
2.2.11.    reference to AUD is to Australian currency; and
2.2.12.    a provision will not be construed adversely to a party because that party drafted that provision.


1.    Use of Portal


1.1.    You must only use the Portal for lawful and authorised purposes.
1.2.    You may access and download Our Material from the Portal solely for your own use provided that you, by yourself or through another person or means, must not:
2.2.13.    copy, modify, extract or reproduce Our Material;
2.2.14.    resell or distribute Our Material;
2.2.15.    re-transmit or publish Our Material by any medium of communication;
2.2.16.    transfer, upload and/or repost Our Material to any other site on the Internet;
1.2.1.    frame Our Material with other material on any other site on the Internet;
1.2.2.    make Our Material available to third parties on any commercial terms;
1.2.3.    remove any copyright or trade mark notices contained on Our Material;
1.2.4.    modify, copy or cause damage or unintended effect to any part or whole of the layout of the Portal or any computer software and code contained in or forming part of the Portal;
1.2.5.    store, transmit or distribute any Material in violation of any law including Material that is viewed under law as threatening or obscene or any Material that may be viewed by any entity as a protected trade secret.
1.3.    You agree to provide proof of your identity for verification purposes, if reasonably requested by us.
1.4.    You must comply with rules, regulations and acceptable usage policies that may be in force for each system at the time of use that you access via the Portal.


2.    Account information


          By using the Portal you accept responsibility for:
2.1.    maintaining the confidentiality of any account information including user names, logins, passwords, and security questions and answers that you use to access any page or feature on this Portal;
2.2.    logging off from your account and any protected areas of the Portal;
2.3.    all activities occurring under your accounts, user names, logins, passwords, and security questions and answers including that which may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures; and
2.4.    promptly reporting any suspicious or unauthorised conduct concerning your accounts, user names, logins, passwords, or security questions and answers to ACL as you become aware of it.


3.    Warranty and Indemnity


3.1.    You represent and warrant in relation to Your Material that:
3.1.1.    such Material is current, complete, and accurate;
3.1.2.    you are authorised to provide Your Material and have the necessary rights in Your Material to grant the licences as provided for in these Terms;
3.1.3.    you will keep your Material updated at all times to maintain its completeness and accuracy;
3.1.4.    Your Material is not defamatory or a malicious falsehood in relation to any product, service, person or corporation or set of facts or circumstances;
3.1.5.    Your Material is not the "passing off" of any product or service and does not constitute unfair competition or infringe the rights of any person, corporation or entity;
3.1.6.    Your Material does not, and ACL’s use of Your Material will not, infringe any IP Rights; and
3.1.7.    Your Material does not infringe any laws.
3.2.    You must at all times indemnify and keep indemnified ACL and our respective officers, employees and agents (Those Indemnified) from and against any loss (including legal costs and expenses on a full indemnity basis) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose, directly or indirectly, out of, in connection with or in respect of:
3.2.1.    any breach by you of any Terms or law;
3.2.2.    Your Material;
3.2.3.    your access or use of the Portal or Services;
3.2.4.    any act, omission, default or negligence by you or your employee, licensee or agent;
3.2.5.    you attending an unauthorised collection or testing centre;
3.2.6.    you being dishonest in the disclosure of your health information to us;
3.2.7.    you not acting on our advice or recommendation;
3.2.8.    you suffering any injury during collection of specimen or as a result of any Service or test (including but not limited to bruising, infection or localised pain);
3.2.9.    you failing to disclose your test results, wholly or in part, to a medical practitioner including general practitioner; or
3.2.10.    you using our pathology request forms in an unauthorised manner.
3.3.    To the extent ACL is unable to exclude liability, our total liability for loss or damage you suffer or incur in connection with the Portal, any Service or test is limited to us re-supplying the Service or test to you, or at our option, refunding to you the amount you have paid us for the Service or test to which your claim relates.


4.    Intellectual Property and Moral Rights


4.1.    By uploading Your Material to the Portal, you agree to grant (or procure for) ACL a perpetual, non-exclusive worldwide, transferrable, sub-licensable and payment-free licence to reproduce, use and exploit the IP Rights in Your Material to the full extent permitted by law in any jurisdiction in which the Portal is available to users for all purposes described in these Terms and any reasonably related secondary purposes; and
4.2.    To the extent that any moral rights subsist in any of the Material you submit via the Portal, you represent and warrant that you consent (and have obtained each other author's consent) to ACL doing any act or omission including editing, changing or deleting some or all of the materials or information, which would, but for this consent, be contrary to the relevant moral rights.


5.    Use on behalf of another person


5.1.    Where you are using this Portal to access Our Material relating to, or to carry out a transaction on behalf of another person, you warrant that:
5.1.1.    you are currently duly appointed or authorised by that other person to access that Material or carry out that transaction on their behalf, and that appointment or authority has not been revoked;
5.1.2.    if that appointment or authority is based on you holding a certain position (for example, as that other person’s employee or agent) – you currently hold that position;
5.1.3.    if that appointment or authority is based on you holding a certain qualification (for example, as a legal practitioner) – you currently hold that qualification and that qualification is not currently suspended or cancelled; and
5.1.4.    you will comply with any request made by ACL for you to verify your appointment to act under paragraph 7.1.1, 7.1.2 or 7.1.3 above.


6.    Links to other websites


6.1.    This Portal may contain links to sites on the Internet owned and operated by third parties and which are not under ACL’s control.
6.2.    In relation to the other sites on the Internet, which are linked to the Portal, ACL:
6.2.1.    provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked sites;
6.2.2.    is not responsible for accuracy or otherwise of the Material contained on those linked sites; and
6.2.3.    to the extent permitted by law, accepts no liability (whether in contract, tort (including negligence), statute or otherwise) in respect of those linked sites.


7.    Disclaimer


7.1.    You agree to access and use the Portal and Services at your own risk.
7.2.    All Services via the Portal are provided to you without any warranties of any kind, either express or implied. Except for your statutory rights that cannot be excluded, restricted or modified, all conditions and warranties implied by custom, law, regulation or statute are expressly excluded including implied warranties of merchantability and fitness for purpose.
7.3.    ACL does not warrant, guarantee or make any representation including that:
7.3.1.    the Portal, or the servers that make the site available on the Internet are free of software viruses;
7.3.2.    the functions contained in any software contained on the Portal will operate uninterrupted or are error-free;
7.3.3.    errors and defects in the Portal will be corrected;
7.3.4.    any Service or test ordered via the Portal is merchantable or fit for any particular purpose;
7.3.5.    any Service or test ordered via the Portal will prevent or cure any disease or other medical or bodily condition; and
7.3.6.    delivery of any Service or result for a test ordered via the Portal may not be delayed.
7.3.7.    the Portal, Payment Gateway, any Service or test made available via the Portal will remain so available at all time.
7.4.    To the extent permitted by law, ACL is not liable to you for:
7.4.1.    errors or omissions in the Portal, or linked sites on the Internet;
7.4.2.    delays to, interruptions of or cessation of any or all the Services provided via the Portal, or linked sites;
7.4.3.    the Portal not being available or operative; and
7.4.4.    defamatory, offensive or illegal conduct of any user of the Portal, whether caused through ACL’s negligence or the negligence of its employees, independent contractors or agents, or through any other cause.
7.5.    You agree to bear all cost of any repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing or using the Portal.
7.6.    Under no circumstances (including due to any act or omission on the part of ACL) will ACL be liable to you for any direct or indirect loss or damage (including special, consequential, exemplary damages or damages for loss of profits, goodwill, use, data or other intangible losses) suffered by you as a result of, or in connection with:
7.6.1.    your use of the Portal (including any Material or links made available through the Portal or reliance on any information, statements, guidance, opinions or recommendations made available through the Portal);
7.6.2.    your use of any links and linked websites made available through the Portal or any Material made available through such linked websites;
7.6.3.    unauthorised access or interception to, or alteration of, Your Material (including during your transmission of Your Material over the Internet); and
7.6.4.    statements or conduct of any third parties on the Portal (including information, statements, guidance, opinions and recommendations of third parties or materials made available for download);
7.6.5.    delay in delivery of any Service (including result of any ordered test);
7.6.6.    cancellation of any Service or ordered test or delay arising from the conduct or omission of third party resulting in the Service or test becoming expired or invalid.


8.    IP Rights


8.1.    All IP Rights comprised in or derived from the Portal, including copyright in Our Material or copyright comprised in the Portal itself or arising due to the provision of Services by us via the Portal are owned by us or the relevant third party owners.
8.2.    All logos, icons, brand names or service names that identify ACL remain the property of ACL. All other trademarks or service marks on this Portal are the property of their respective owners. Any unauthorised use of Material appearing on the Portal may violate IP Rights of the ACL or third parties.


9.    Online payments


9.1.    Online payments will be made through the payment gateway operated by the Commonwealth Bank of Australia (Payment Gateway). The Payment Gateway may charge a credit card surcharge or other fee including GST for successful Visa and MasterCard credit card payments. By making a credit card payment using the Payment Gateway, you agree to pay such credit card surcharge and any other fee charged by the Payment Gateway.
9.2.    ACL accepts no responsibility for the delivery of services by any independent third party service providers to the extent permitted by law and is not responsible for errors made by you when authorising any deduction against your credit or debit card.
9.3.    Subject to any responsibilities implied by law and which cannot be excluded, ACL is not liable to you for any losses, damages, liabilities, claims and expenses (including legal costs and defence or settlement costs) whatsoever arising out of or referable to the Payment Gateway or to third party material, or your credit or debit card details, whether in contract, tort (including negligence), statute or otherwise.
9.4.    Any credit or debit card related data (including your credit or debit card details) will be stored and maintained in the Payment Gateway and not within this Portal. ACL
9.5.    All payments will be processed in AUD.


10.    Acceptance of Orders


10.1.    Nothing that is said, written or done by us is an acceptance of an Order until we confirm that acceptance in writing or performed the Test associated with your Order.


11.    Termination, Suspension, Cancellation


11.1.    ACL may decline to perform any test, terminate or suspend access to the Portal or provision of any Service at any time without giving any notice, explanation or justification for the termination or suspension. ACL will have no liability for any costs, losses or damages of any kind arising as a consequence of such termination of suspension.
11.2.    If ACL terminates your access to the Portal or provision of a Service purchased via the Portal under clause 11.1, ACL will provide you with a refund in respect of any payment made by you in advance for a Service that is connected with this Portal, where that Service has not been supplied to you. A Service is considered to have been supplied as soon as you attend one of our collection or testing centres.   
11.3.    If ACL terminates your access to the Portal or provision of a Service due to your breach of these Terms, you will not be entitled to a refund in respect of any payment made during your use of the Portal.
11.4.    You may cancel your Order any time prior to you attending any of our collection or testing centres to have a test conducted.


12.    Force Majeure


12.1.    There are instances where we may not be able to perform certain or all obligations that we have agreed to because of something beyond our reasonable control, which may include (but not limited to): lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, pandemic, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware or software problems, or other acts, events or omissions outside of our control that affect our capacity to perform certain or all obligations that we have agreed to. There may also be other reasons, not expressly set out here. In these cases, your irrevocably and unconditionally agree that we do not have any responsibility or liability for failing to meet our intended obligations including not providing you with any Service or test ordered via the Portal.


13.    Alteration of Terms


13.1.    ACL may, at any time, and at ACL's absolute discretion, vary these Terms or Services offered via the Portal and make available a varied copy of these Terms on the Portal. By accessing or using the Portal following a change to the Terms, you irrevocably agree to be bound by the varied Terms.


14.    Removal of information


14.1.    ACL may remove any Materials included on the Portal, including links to other sites on the Internet, at any time without giving any notice, explanation or justification for removing the Material.


15.    General


15.1.    You must not assign, sub-license or otherwise deal in any other way with any of your rights under these Terms without ACL's prior written approval.
15.2.    Each indemnity given by you under these Terms is a continuing indemnity which shall continue upon expiry or termination of your agreement under these Terms.
15.3.    If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
15.4.    These Terms will be governed by and interpreted in accordance with the laws of Victoria. You agree to the non-exclusive jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms.
15.5.    These Terms contain the entire agreement between the parties and supersede all previous agreements and understandings between the parties. You acknowledge and agree that by accessing or using the Portal or ordering any Service, you do not rely on any representation, warranty, information or document or other term not forming part of these Terms.
15.6.    Any failure or delay by any party in exercising any right, power or remedy will not operate as a waiver nor indicate any intention to reduce that or any other right in the future.
15.7.    In the event of any conflict between these Terms or any other ACL terms or conditions, these Terms shall prevail.

 

PORTAL PRIVACY NOTICE
ACL will collect, use, store and disclose the personal information contained in the Portal in a manner consistent with its obligations under the Privacy Act 1988 (Cth) and ACL’s Privacy Policy.


1.    Collection of personal information


1.1.    ACL collects personal information from you:
1.1.1.    to process and assess information and Orders submitted via the Portal;
1.1.2.    to provide Services to you;
1.1.3.    to send communications to you;
1.1.4.    to provide information and to seek feedback on matters;
1.1.5.    to answer enquiries, and provide information or advice;
1.1.6.    to conduct our administrative functions;
1.1.7.    for the administrative, planning, product or service development, project, quality control and research purposes of ACL, and our contractors or service providers;
1.1.8.    to update our records and keep your contact details up to date;
1.1.9.    to process and respond to any complaint made by you;
1.1.10.    to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of another country; and
1.1.11.    to obtain professional advice.
1.2.    The personal information we collect may include names, postal and street addresses, email address, telephone numbers and contact details and information for identification purposes.
1.3.    The type of information we collect from you will depend on how and why you use the Portal and the requirements of applicable laws.
1.4.    If you do not provide us with the personal information we request via the Portal, some or all of the following may happen:
1.4.1.    we may not be able to grant you access to the Portal or provide some or all of the Services you have Ordered via the Portal;
1.4.2.    we may not be able to provide you with information about the products or Services that you may want; or
1.4.3.    your Order for Services may not be accepted.


2.    Disclosure of personal information


2.1.    We may disclose your personal information to:
2.1.1.    contractors or service providers for the purposes of operating the Portal or our functions, fulfilling Orders placed by you, and to otherwise provide information, products and Services to you including web hosting providers, IT systems administrators, payment processors, data entry service providers, electronic network administrators and professional advisors such as accountants, solicitors, business advisors and consultants;
2.1.2.    suppliers and other third parties with whom we have commercial relationships for business, marketing, and related purposes;
2.1.3.    members of relevant staff for the purpose of assessing your Orders;
2.1.4.    an organisation that you have given consent for us to supply the information to;
2.1.5.    an organisation that you would reasonably expect us to supply the information to for a purpose that is related to the primary purpose of collection (for sensitive personal information, this secondary purpose must be directly related to the primary purpose);
2.1.6.    Government agencies for the purposes of compliance breaches, investigations, legal actions and insurance claims;
2.1.7.    law enforcement bodies, agencies and authorities regarding any infringement.
2.2.    We may also disclose your personal information where we are required to by law or pursuant to certain situations permitted under the Privacy Act 1988 (Cth), for example where disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety.
2.3.    We may disclose personal information to our associated entities, third party suppliers and service providers, researchers and governments located overseas for the purposes listed above. This may include disclosure to overseas recipients if we believe the disclosure of the information is reasonably necessary for provision of Services to you and such recipients are bound by a privacy regime similar to Australia.
2.4.    We will take reasonable steps to ensure that the overseas recipients of your personal information do not breach the Australian Privacy Principles in relation to your personal information.


3.    Privacy policy


3.1.    Our Privacy Policy explains:
3.1.1.    how you may access and correct the personal information we hold about you; and
3.1.2.    how you may make a complaint about a breach of privacy and how we will deal with any privacy complaints.

 

Cancellations/Refunds

You may cancel your order at any time prior to having your test performed. To cancel your order, please email AccountsReceivable.Pathology@clinicallabs.com.au

You will not be able to cancel you order if have already visited one of our collection centres and your test has been performed.

If you are entitled to a refund we will process your refund within 5 business days of receiving your email to cancel your order.

Payments

All credit card payments are processed using the Commonwealth Bank Australia (CBA) portal and will be processed in AUD.

Payment enquiries and disputes for payments via the Commonwealth Bank Australia (CBA) portal

You may lodge a Payment Dispute if you consider that there is an error in the amount charged to you by Australian Clinical Labs. You must immediately notify Australian Clinical Labs in writing to AccountsReceivable.Pathology@clinicallabs.com.au.

In the instance where a refund is required for duplicate payments by you, Australian Clinical Labs will endeavour to process these promptly. Overpayments made by credit card using the Commonwealth Bank Australia (CBA) portal will be returned to you where possible using the same portal. The approximate turnaround times are 1 to 5 business days for credit cards.

You may dispute a transaction within 60 days of the date the transaction occurred.

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