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By continuing with your booking and/or using any services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, ‘OneMRI’, 'us', 'we' and 'our' means One Imaging Pty Ltd (ABN 45 680 562 869) and ‘you’, ‘your’ and ‘the customer’ means the person named in the booking form.
1. Introduction
OneMRI provides health screening information to customers in the form of reports which set out findings about whether possible signs of certain medical conditions are present in certain organs (Report).Each Report is strictly limited to the matters stated to be covered by theReport. You should discuss your Report with your treating doctor.
These terms govern the terms and conditions on which we will arrange for customers to receive magnetic resonance imaging scans (MRI), other imaging scans, and/or other medical tests, from one of our affiliated providers(Scan Provider), and on which we will issue a Report, for the particular services requested by you on your booking form (Services). OneMRI may offer a range of Services from time to time. The only Services provided to you will be those listed on your booking form.
You were asked to provide a series of confirmations before proceeding with your booking and you will be asked for similar confirmations prior to receiving your scan. You warrant that each confirmation is true and remains true until you have received your Report and discussed it with your treating doctor. The continuing accuracy of each confirmation is a fundamental term of this agreement and accordingly you release OneMRI from all liability to you if any confirmation provided by you is false (except to the extent such release is not permitted under Australian law). OneMRI does not provide services to individuals who are ineligible for the Services. An individual may be ineligible for the Services by refusing to provide the requested confirmations, being unable to truthfully provide the requested confirmations, or by providing the required confirmations untruthfully .
The information available through the Services is for informational purposes only, and is not intended to substitute for professional medical advice, diagnosis or treatment.
2. Privacy
Please read our Privacy Policy, available at https://www.onemri.com.au/privacy, for information on our data collection, use and sharing policies and practices in connection with the Services.
As noted in that Privacy Policy, you consent for us to contact you by email, SMS and other messaging services, or phone if and when the need arises using the email address and phone number you provide when booking yourServices.
3. Information
You agree that all information that you provide to us, and to the Scan Provider will be true and complete to the best of your knowledge at the time of provision of that information and that you will not purposefully omit to provide any information that could reasonably be judged to be potentially relevant to the Services. You will let OneMRI and the Scan Provider know if there is any change to the information you provide to us between when you provided it and the time of receiving your scan.
If any information you have provided is found to be incomplete or inaccurate, the Services may be cancelled and your agreement with OneMRI terminated. In those circumstances, you will only be entitled to a refund to the extent provided by Australian law.
4. Account Registration and Security
When you register with OneMRI, you will provide us with personal information such as your name, email address, telephone number, gender and date of birth. This information will enable us, and the Scan Provider to conduct and complete the Services. It is your responsibility to update this information so it is current, complete and accurate. We will handle all personal information we collect in accordance with our Privacy Policy.
When you register your account, you may also be required to create a password. You are responsible for keeping this password secure and are responsible for all use and activity carried out under your account. If you suspect, or become aware of, any unauthorised use or misuse of your account or any other breach of security in relation to your account, you must notify us immediately and take immediate steps to re-secure your account (including by promptly changing your password).
You acknowledge that, if you share your password, or do not use a unique, secure password for your account, that you are taking the risk that the personal information stored in your account will be breached or compromised, and OneMRI will have no liability for such breach or misuse.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or in booking or undertaking the Services. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms) that may interfere with or damage the operations of your computer systems.
5. Roles of OneMRI and of the Scan Provider
We engage the Scan Provider to administer scans and produce a series of images, which are sent to us to enable us to provide a Report. The Scan Provider is not responsible for providing the Report to you.
You are responsible for checking that a Scan Provider has a location convenient to you. You should not proceed with booking an appointment if none of the listed locations are convenient to you.
6. Payment
You agree to pay all fees due for the Services (Fees) at the time of booking an appointment to receive a scan. If your payment for the Fees fails, the Services may not provided. Subject to the payment method selected for the Fees, payment of the Fees may be subject to additional terms and conditions.
Subject to any additional rights you may have at law (including under the Australian Consumer Law), the Fees (or that part of the Fees which you have already paid) will be refunded only if:
· within 10 business days of paying any deposit in respect of the requested Services, we do not confirm we are able to offer you an appointment at your preferred location(s) within 6 months;
· you cancel your request to receive the Services, and request a refund, before you have been allocated an appointment to receive a scan, or at least with more than 5 business days before your scheduled appointment; or
· either:
- the Service Provider cancels your appointment to receive a scan, including if you present on the day with a temporary medical condition which causes the Service Provider to defer your appointment; or
- there is a problem with your scan (ie. the images are not usable) and the scan needs to be re-done,
and the Service Provider is unable to schedule a replacement appointment within 12 weeks after your original appointment date.
The Fees are not otherwise refundable. We will, however, use our reasonable endeavours to change the date and time of your appointment if you ask us to at least 3 business days before your appointment.
All charges and prices as shown on our website are in Australian Dollars and inclusive of GST where applicable.
Medicare benefits are not claimable for any OneMRI service. If you have private health insurance, you can check with your insurer whether benefits apply for the Services.
7. Intellectual Property
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and their content, features and functionality, including in all of the material contained within any Report (including all text, graphics, logos, audio and software) (Content).
Your use of the Services and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to theContent. However we do grant you a licence to access the Report and view theContent on these terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location, and support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
8. No commercial use
The Services are given only for the benefit of you, as the named customer, and not for any other person.
The Services (including any Report you receive) and the Content is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website or as available to you as part of theServices. You may not use the Services or the Content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
9. Unacceptable Activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
· providing false, misleading or deceptive information in your dealings with us or the ScanProvider;
· acting on behalf of another person to obtain information or services (including the Services);
· repeatedly completing an application process if we have previously deemed you unsuitable for the services provided by OneMRI;
· any act that would constitute a breach of either these terms or the Privacy Policy or any other of the legal rights of individuals;
· using the website to harm, abuse, harass, stalk, threaten or otherwise offend others including OneMRI employees, radiologists, contractors and/or Scan Providers and their employees and contractors; or
· using the Services for commercial purposes.
OneMRI reserves the right to terminate the Services, or prohibit you from arranging future services, if one or more of the above conditions are broken.
10. Warranties and Disclaimers
THE SERVICES ARE NOT MEDICAL ADVICE.
OneMRI provides health screening information to customers in the form of reports which set out findings about matters that may have been visible on on certain organs during your scan. Due to the nature of the Services, the report is not a diagnosis. To the extent the report provides a likelihood of certain medical conditions being present, such a matter is a mathematical probability only, and there is a chance of either a false positive or false negative or both. If you are experiencing any symptoms and are looking for a diagnosis then you both are ineligible for the Services, and the Services are inappropriate for your purposes.
To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Services and the Content, are hereby excluded.
OneMRI does not warrant that the products and services provided through the website are fit for your intended purpose. All services provided through the website are provided on an 'as is' basis without warranty of any kind, express or implied, other than as implied by Australian law.
By accessing the Services, you assume all risks associated with their use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any third party content or third party website.
11. Linked Services
The Services may provide access to websites, information, products, services and other materials made available by third parties(Third Party Materials). We are not responsible for any Third PartyMaterials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to anyThird Party Materials (in whole or part) available through the Services at anytime. The availability of any Third Party Materials through the Services is not an endorsement of them by us, and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to the Third Party Materials (like their terms of service or privacy policies).
12. Liability
To the extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any indirect loss, damage or expense (irrespective of the manner in which it occurs) which may be suffered due to your use of the Services or the Content provided as part of the Services, or as a result of any inaccessibility or delay in the Services.
To the extent permitted by applicable law, OneMRI disclaims any liability resulting from the provision of services by the Scan Provider. Liability shall rest with the appropriate Scan Provider and shall not be deemed to rest with OneMRI. For the avoidance of doubt and to the extent permitted by applicable Australian law, OneMRI also disclaims any liability resulting from the provision of services by any third party.
Without limiting the application of the exclusions and limitations set out in this section 12, to the extent permitted by applicableAustralian law, under no circumstances will OneMRI be liable to you for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being (b) loss of data; (c)loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the Services regardless of the form of action.
Liability that cannot be limited or excluded
Notwithstanding that we seek to limit our liability above, nothing in these terms excludes or limits any liability that we cannot exclude or limit under Australian law (whether generally or for specific matters such as death, personal injury or fraud), applicable to us.
13. Prohibition and Severance
In the event that any of these terms are held to be illegal, invalid, or are otherwise unenforceable or not permitted in any jurisdiction, then:
- to the extent and within the jurisdiction which that provision or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the agreement; and
- remainder of the terms will survive and remain in full force and effect.
14. Changes
The terms applicable to your Services will be the terms in force at the time of completing the booking.
However, the Services are continually under development, and we reserve the right to review or amend any part of these terms in our sole discretion at any time and without prior notice to you. We have no liability to you if we change, in the future, the services we offer (including the Services) or the terms on which those services are offered.
For the avoidance of doubt, if you engage with us in the future to arrange further services, the terms applicable to those services may be different.
If you disagree with those terms, or any future terms, your sole remedy is to cease booking any Services.
15. Jurisdiction and Governing law
These terms and any non-contractual obligations arising out of or in connection with our Services will be governed by, and construed in accordance with, the law in force in Queensland, Australia. The courts of Queensland (including any courts of appeal from them) will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms or any matter arising from them.
16. Contact
If you have any questions about these terms, please contact us at info@onemri.com.au