USING OUR WEBSITE

Healius Limited (ACN 064 530 516) (“HLS”) and certain of its subsidiaries operate web portals, websites and related applications, including MedWay (the “Website”). MedWay is a diagnostic results platform that provides secure, online access to pathology results in real time.

If you use the Website and any of the services or content available from, in, on or through the Website (“Material”), you agree to the terms and conditions set out below (“Terms”), whether or not you also have an account registered in your name.

TERMS

1. Your agreement to these Terms is an agreement with HLS and every subsidiary of HLS (“us”, “we” or “our” as contextually appropriate) and governs your use of the Website and of all of the products, services and other content (including any ‘Health Information’, as that term is defined in the Privacy Act 1988 (Cth)) available from, in, on or through the Website (“Material”).
2. These Terms constitute the entire agreement between you and us for the use of the Website and provision of Material.

Registration, use and termination

3. You must have an account in order to use parts of the Website, and to access certain Material. You may apply to register an account on the Website, and we may accept such registration applications, and allocate accounts, in our sole discretion.
4. Your account is non-transferable. You may terminate your account at any time by contacting us by telephone using the telephone numbers listed on the Website.
5. You must promptly edit and update any changes that occur to the information that you may have provided to us as part of the registration process (or subsequently updated). This includes changes to your personal or practice details and, in the case of a ‘Group Practice’ and ‘Hospital Ward’ account, the identity of health professionals practicing at your practice or ward (respectively) who are, or wish to be, associated with that account.
6. Subject to paragraph 28, you must:
   • keep your USERNAME, PASSWORD and any other credentials used to access the Website or Material (“Login Credentials”) confidential and not disclose them to any other person; and
   • not allow any other person to use your Login Credentials to access the Website or any Material.
7. You must ensure that your Login Credentials comply with our password policy.
8. You agree to provide current, accurate and complete information when asked to do so by us or the Website (including when applying for an account), and we will rely on the accuracy and completeness of that information. Despite this, we may in our sole discretion take any measures we consider appropriate to confirm any information that you provide, including by contacting you or any other person.
9. You are responsible and liable for any loss or damage we suffer or incur if, as a result of either intentional or unintentional disclosure by you or your Login Credentials to another person, that or another person uses those credentials to access the Website or Material. You fully indemnify us against such loss or damage.
10. You are responsible and liable for any loss or damage we suffer or incur if you access the Website or Material using another person’s Login Credentials. You fully indemnify us against such loss or damage.
11. On concluding an access session, you must use the “Logout” (or equivalent) button to completely log out of the Website and close all browser windows (including all tabs).
12. You will personally maintain close security and control over any device or network that you use to access the Website or Material, and use appropriate security measures in respect of any such device or network so as to minimise the risk of unauthorised access to or use of the Website or Material.
13. If you suspect the security or confidentiality of your Login Credentials or any device or network you have used to access the Website or Material has been compromised in any way, you must immediately contact us so that your Login Credentials can be disabled and other appropriate measures taken to prevent unauthorised access to or use of the Website or Material.

Additional or alternative terms and conditions

14. Additional or alternative provisions (to these Terms) which govern your use of the Website or Material may from time to time be provided to you, whether by an online notice given during your access to the Website, by email to your registered email address, by updated terms and conditions on the Website or otherwise (“Additional Terms”). Additional Terms that are stated to supplement or replace these Terms are incorporated into these Terms or replace them (as applicable), and to the extent there is any inconsistency between the Additional Terms and these Terms, the Additional Terms prevail. Our employees, contractors and agents do not have any individual discretion to vary these Terms and you acknowledge and agree that only Additional Terms can vary these Terms.

Compliance, privacy and confidentiality

15. If we reasonably form the view that you have breached any of these Terms then:
    • we may be immediately suspend or revoke your account without notice to you; and
    • you have no right to require reasons for the suspension or revocation.
16. We may in our sole discretion suspend your access to the Website (and Material) for reasons including upgrades or modifications, or otherwise restrict your access to and use of the Website and Material where we consider it reasonably necessary. You acknowledge and agree that we have no responsibility or liability to you in connection with any suspension, downtime or other unavailability of the Website or any Material for any reason, and that in such circumstances you may request test results by telephone using the telephone numbers listed on the Website.
17. If your account is inactive for a period of our choosing, we may suspend your account without notice to you and require you to contact us if you wish to resume using it. We may agree or decline to unsuspend the account in our sole discretion, and without a requirement to give you reasons for that decision. You must provide us with all such information as we may reasonably require as a condition to considering unsuspending your account.
18. If we reasonably form the view that your conduct may amount to a breach of any law (including any breach of any of paragraphs 19, 20, 21, 34 or 35), we may in our sole discretion and without notice to you, refer your conduct to relevant regulatory authorities.
19. You must comply with all applicable privacy and health information laws in connection with your access to, and use and disclosure of, the Website and Material. You must also comply with our privacy policy and all other policies that are displayed on the Website or otherwise disclosed to you.
20. Subject to paragraph 21, you must only access and use Material if you are a health professional and exclusively for the purpose of providing direct patient health care to the patient to whom the Material relates.
21. If you use, or intend to use, Material other than for the exclusive purpose of providing direct patient health care to the patient to whom the Material relates, –then, before accessing the Material for the first time, you must obtain the patient’s informed written consent to access and use their Health Information for these other purposes or obtain our written consent (which we may grant or withhold in our sole discretion) to access and use the Material for those purposes.
22. Subject to paragraph 37, you must keep all Material strictly confidential and you may only disclose Material to the patient to whom it relates, their legal guardian, other health professionals assisting in the patient’s health care or as otherwise required to be disclosed by law or directed by the patient or their legal guardian.

Types of accounts

23. If you are an individual health professional seeking access to results of your patients, you are eligible to apply for a ‘Single Practitioner’ account. When applying for a ‘Single Practitioner’ account, you can elect:
    • to be included in the ‘MedWay Contacts Directory’ – if you are not listed in that directory, other users may not be able to share Material with you; and
    • to access results through one account in respect of more than one location at which you practice – to do so, you must provide your provider numbers for each such location at which you practice. You must only put your own provider numbers in your application for a Single Practitioner account - you fully indemnify us against any loss or damage we suffer or incur as a result of you including any other person’s provider number in your application (or subsequently updating your account information to include any other person’s provider number).
24. If you are the manager or medical director of a medical practice and are seeking to permit several health professionals who practice there to access to results of their collective body of patients, you are eligible to apply for a ‘Group Practice’ account. Before applying for a ‘Group Practice’ account, you must:
    • obtain the consent of the practice owner to apply for the account as their agent (and by applying for the account, you represent and warrant that you have that consent); and
    • obtain the consent of each health professional who is proposed to be associated with the account, both to being associated with the account and to the disclosure by you of their personal information in the application, and you must update the list of health professionals associated with that account (first obtaining the aforementioned consents from new health professionals) as they join or leave the practice.
25. If you are the administrator or medical director of a hospital ward and are seeking to permit several health professionals who practice at one or more wards of the hospital to access to results of their collective body of hospital patients, you are eligible to apply for a ‘Hospital Ward’ account. Before applying for a ‘Hospital Ward’ account, you must:
    • obtain the consent of the holder of the hospital licence to apply for the account as their agent (and by applying for the account, you represent and warrant that you have that consent); and
    • obtain the consent of each health professional who is proposed to be associated with the account, both to being associated with the account and to the disclosure by you of their personal information in the application, and you must update the list of health professionals associated with that account (first obtaining the aforementioned consents from new health professionals) as they join or leave the ward(s).
26. If you are a veterinarian, insurance provider, medical assessor or other commercial client, and are seeking to utilise the Website to access your client’s results, you are eligible to apply for an “Other User” account.
27. For the avoidance of doubt, you may apply for a ‘Single Practitioner’ account even if you are associated with one or more ‘Group Practice’ and/or ‘Hospital Ward’ accounts.
28. If you register a ‘Group Practice’ account or a ‘Hospital Ward’ account, you may disclose the Login Credentials of that account to those health professionals associated with your account (but to no other person), so that they can access Material through the common shared account for the exclusive purpose of providing the patients of that practice or ward (respectively) with direct patient health care (and no other purpose). You fully indemnify us against any loss or damage we suffer or incur as a result of those Login Credentials being shared with any other person or used for any other purpose.
29. We may deploy security protocols (including ‘IP whitelisting’) with the objective of increasing the security of Material by limiting access to parts of the Website and/or to Material to terminals with IP addresses that we know or expect are associated a particular ‘Group Practice’ and/or ‘Hospital Ward’ account. We may contact the administrator of such a group account (or other person whose contact details are associated with that account) to establish the parameters of the security protocol and you must assist us to do so, including by providing necessary information about the information technology architecture used in your practice or ward. However, the implementation of security protocols and their parameters remain, at all times, solely at our discretion. You acknowledge and agree that the security protocols that we deploy may prevent certain devices from accessing parts of the Website and/or Material, even if the correct Login Credentials are used and the device is physically located at the practice or ward (including mobile devices connected to the internet via a mobile phone network). You acknowledge and agree that we have no responsibility or liability to you in connection with the operation of these security protocols, including as a result of any device being unable to access the Website (or any part of it) or any Material as a result of the operation of these protocols, nor does our deployment (or non-deployment) of such security protocols qualify or otherwise affect any other paragraph of these Terms, including any obligations or indemnity binding on, or given by, you.

“Viewed” status

30. You acknowledge and agree that all Material relating to your patients from any time prior to your account activation will be marked by the Website systems as “Viewed” upon account activation.
31. The Website system marks Material as “Viewed” by reference to its first view by any person associated with an account accessing the Material. Accordingly , if you are associated with a ‘Group Practice’ or ‘Hospital Ward’ account, Material relating to a test that you requested that is viewed for the first time by another health professional associated with the ‘Group Practice’ or ‘Hospital Ward’ account (as applicable) will be marked as ‘Viewed’ to all health professionals associated with the account (including you) from the time of that first view.
32. If you view Material relating to a test that you did not request and that Material is not marked by the Website system as “Viewed” before you view that Material, you must immediately inform the health professional that requested that test. You fully indemnify us against any loss or damage we suffer or incur as a result of your inability or failure to do so.

Special access mode and sharing results

33. If you have a ‘Single Practitioner’ account, we may in our sole discretion grant you the option of using ‘Special Access Mode’ on the Website, which allows health professionals to access Material comprising the results of pathology tests we have conducted at the request of other health professionals.
34. Before using ‘Special Access Mode’, you must obtain your patient’s informed written consent to you accessing and using their results of prior tests requested by other health professionals and you must not access, or seek to access, the results for any other person. You fully indemnify us against any loss or damage we suffer or incur as a result of your use of ‘Special Access Mode’ or your failure to obtain such consent.
35. You must only use ‘Special Access Mode’ to access (with their consent) your patient’s results of prior tests requested by other health professionals for the exclusive purpose of providing them with direct patient health care. You fully indemnify us against any loss or damage we suffer or incur as a result of your use of ‘Special Access Mode’ for any other purpose.
36. You acknowledge and agree that Material available for a particular person using ‘Special Access Mode’ may not be complete or exhaustive. A person’s prior results may not be available using ‘Special Access Mode’ for reasons including their age, sensitivity or the fact that the test was conducted before we acquired the relevant pathology company or business.
37. The Website may allow you the option of sharing with other persons Material to which you have access through the Website. You must only use this feature to share Material with other health professionals who are assisting in your patient’s health care, and for no other purpose. You fully indemnify us against any loss or damage we suffer or incur as a result of you sharing Material with any other person or for any other purpose.

Ordering additional tests

38. Subject to paragraph 39, you may be able to order additional tests from a collection we have taken by selecting and submitting your request through the Website, in which case you do so in accordance with, and subject always to, these Terms.
39. You may only order additional tests:
    • if you are accessing Material through a ‘Single Practitioner’ account;
    • in relation to a collection we have taken at your request;
    • if the additional test request is made within seven days of that collection; and
    • if the Website indicates that the capability to order additional tests exists.
40. Any order placed through the Website for additional tests is a pathology request (or an addition to a prior pathology request) made by you, and does not create a separate or additional contract between you and us in relation to those tests, or otherwise oblige us to conduct those tests.
41. We may ask you to provide additional details or require you to confirm details to enable us to process an order you placed through the Website. In some cases, this may include us obtaining a new pathology request from you in respect of some or all of the additional tests ordered.
42. By placing your order through the Website, you agree that we may store, process and use data collected from your order for the purposes of processing and delivering your order, in addition to any other use you agree we may make of data collected from your order.
43. We will use commercially reasonable endeavours to conduct any additional tests that you order through the Website, but we reserve the right to accept or reject your order for any reason, even if the pre-conditions in paragraph 39 are satisfied, including if there is insufficient remaining sample to properly conduct the ordered test(s), there is an error in the Website or there appears to be an error in your order. We may also accept your order in part only.
44. If we reject your order for additional tests placed through the Website, we will endeavour to notify you of that rejection within a reasonable time after you submit your order. In most cases, we will do so by telephone or email to the telephone number or email address associated with your account.
45. If we have any concern with the nature of your order for additional tests, we may contact you when you place the order or within a reasonable time after we have accepted your order. If you do not address those concerns, we may cancel your order.

Delivery of Material

46. We will use reasonable endeavours to deliver Material in accordance with any estimated delivery times detailed on the Website or otherwise indicated to you. However, delivery times may change, including in circumstances beyond our control, and we make no guarantee that Material will be delivered within the estimated delivery time.
47. To the extent permitted by law, we are not liable for any delay in performing any of our obligations under these Terms if such delay is caused by circumstances beyond our control and we shall be entitled to a reasonable extension of time for performance of those obligations.

Pathology decision support tools

48. The Website may contain, or some Material may comprise or utilise, pathology decision support tools that provide medical information from authoritative sources for use by health professionals to assist them:
    • in the interpretation of laboratory results; or
    • in formulating the next steps that might be taken in patient health care.
49. All Material has been subject to peer review by our pathologists. However, we do not warrant that Material (or the Website) are free from defects and you acknowledge and agree that you must at all times rely on your own independent professional medical judgement as to whether to accept or reject any Material in the context of your patient’s condition and medical history.

Disclaimer

50. You use the Website and Material at your own discretion and risk.
51. You are responsible for any costs associated with your access to or use of the Website.
52. You acknowledge and agree that:
    • the Website and Material are be used in conjunction with your independent professional medical judgement that takes into account all of the information (including regarding your patient’s condition and medical history) available at the time to you as the treating health professional;
    • in no circumstances should the Website or Material be relied upon without consideration and confirmation by an appropriately qualified health professional having regard to, among other things, independent professional judgement as well as your patient’s condition and medical history; and
    • while we endeavour to ensure that the information on the Website and comprising Material is up-to-date, accurate and complete, we make no representations or warranties that such information will at all times be up-to-date, accurate, complete, comprehensive or useful for the purpose for which it is obtained.

Guarantees

53. To the extent permitted by law and subject to paragraph 54, our liability to you for any non-compliance with a statutory guarantee, loss or damage arising out of or in connection with the supply of Material or use of the Website, or any alleged or actual breach by us of these Terms, however arising (whether for breach of a term of these Terms, tort (including negligence), statute or on any other basis) is limited to:
    • in the case of services, at our option:
      • the resupply of the services; or
      • the payment of the cost of resupply; and
    • in the case of goods, at our option:
      • the replacement of the goods or the supply of equivalent goods;
      • the repair of the goods;
      • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      • the payment of the cost of having the goods repaired.
54. Paragraph 53 is not intended to have the effect of excluding, restricting or modifying:
    • the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (“ACL”);
    • the exercise of a right conferred by such a provision; or
    • any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
55. Other than as set out in this paragraph and to the extent permitted by law:
    • any condition or warranty which would otherwise be implied in these Terms whether by statute or otherwise is excluded; and
    • under no circumstances will we be liable for any loss, damage or injury (including any loss of profits or data, indirect, incidental or consequential loss, damage or injury) arising from the supply or use of the Website or Material, or any failure by us to perform any obligation or observe any term of these Terms.

Links to other websites

56. The Website may contain links to external websites that are not operated by us. The links are provided for your convenience only, and we are not responsible for the information contained in or from the linked websites nor liable for any damage caused by your use of those linked websites. You acknowledge and agree that:
    • we make no representations or warranties in relation to, and have no any responsibility or liability to you for, those linked websites;
    • the links do not indicate, expressly or impliedly, that we endorse the linked website or the products or services that are provided at those websites; and
    • you access and use those linked websites and the products and services made available at them solely at your own risk.

Cookies

57. Small data files (“cookies”) may be stored by your web browser on your computer. We may use cookies to, among other things, monitor online activity and understand how users come to the Website, maintain user sessions and to generate statistics about the number of users of the Website. Generally, this information will not identify you and we do not link it back to your identity or other information that you have provided to us.

Other

58. The Website contains information and Material intended for use by users in Australia only. We reserve the right to take measures to ‘geoblock’ access to the Website and/or Material so that they are only accessible from terminals in, or indicated to be in, Australia. Any use from outside Australia is at your own risk and, to the extent permitted by law, we disclaim all and any liability to you or any third party for such use.
59. You must not assign any rights or obligations under these Terms whether in whole or in part to any other party.
60. Our failure to enforce the whole or any part of these Terms does not constitute a waiver by us of any of the terms and conditions and does not in any way affect our right to later enforce any of the terms and conditions.
61. You warrant that all information and data provided by you to us through the Website (including any part of the account registration process) or otherwise is true, accurate, complete and up to date, and you have and will comply with all relevant laws relating to your use of the Website and access to, and use of, Material, and your placement of any order.
62. You agree to indemnify, defend and hold us harmless against any claims, liabilities, proceedings, costs, losses, expenses or damages suffered or incurred by us in connection with your use of the Website and Material, breach of these Terms or any negligent or wrongful act or omission by you. This indemnity does not qualify or otherwise affect, and is to be construed independently of, each other indemnity contained in these Terms, and vice versa.
63. You must not infringe any trade marks patents or any copyright attaching to any part of the Website or any Material. Unless expressly stated to the contrary, we (including HLS Healthcare Holdings Pty Ltd) own copyright in all works on the Website and in all Material.
64. Unless you have prior written consent from us, you must not copy, reproduce, modify, distribute, imitate, publish or otherwise exploit, or link to, or deep link into, the Website, any part of it or any Material.
65. You must not:
    • use the Website or Material for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
    • use the Website in a manner or way, or post to or transmit to or via the Website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website;
    • make fraudulent or speculative enquiries, orders, applications or requests through the Website;
    • use another person’s details (including their Login Credentials) without their permission or impersonate another person when using the Website;
    • post or transmit any obscene, indecent, inflammatory or inappropriate material or any other material that may give rise to civil or criminal proceedings;
    • tamper with or hinder the operation of the Website;
    • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;
    • use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;
    • modify, adapt, translate or reverse engineer any portion of the Website;
    • remove any copyright, trade mark or other proprietary rights notices contained in or on the Website or any Material;
    • reformat or frame any portion of the web pages that are part of the Website;
    • apply for or attempt to register accounts by automated means or under false or fraudulent pretences;
    • use the Website to violate the security of any computer or other network or engage in illegal conduct;
    • take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
    • use the Website other than in accordance with these Terms; or
    • attempt any of the above acts or engage or permit another person to do any of the above acts.
66. If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms have full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected. This paragraph has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.
67. These terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that place.
68. In these Terms:
    • "including" and similar words do not imply any limitation;
    • headings are to be ignored;
    • references to a person includes any form of entity; and
    • the singular includes plural and vice versa.