Terms and Conditions

Welcome to the Anaesthetic Group website available at: http://anaestheticgroup.com.au (“ website”). This website is owned and operated by Reldiv Group Pty Ltd (ABN 16 138 581 576), successors and assignees, (“we” or “us”).

These Terms and Conditions (also known as the website Terms of Use or “terms”) apply to your use (“you” or “your” and collectively referred to as “the parties” or each a “party”) and every client who uses our forms, information, documents, software, and any other products and/or services that we provide (together referred to as our “services”). These Terms and Conditions also apply to any of our other company owned websites or domain names, and any messages sent to or from us electronically. Please read these Terms and Conditions carefully.

In using our services, you warrant that you have had sufficient opportunity to access our Terms and Conditions and contact us, and that you have read, accepted and will comply with our Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this website and/or our services.

We may vary these Terms and Condition at any time without notice and, if we do, we will provide the updated version on this website.

Information

Information provided on this website

The information, including statements, opinions, documents and materials contained or sent from this website (“information”) is for general information purposes only. The information does not take into account your specific needs, objectives or circumstances, and it is not medical or professional advice. You should not act on the basis of anything contained or rely on anything on this website without first obtaining specific medical or professional advice.

Any reliance you place on the documents or information on this website or any use of this website or our services, is at your own risk.

Information collected on this website

We collect personal information from you when you complete online forms and transact with us online. By using this website and our forms you consent to providing us (and if selected your anaesthetist) this confidential and personal information

We will record your email address whenever you send us an email and use it only for the purpose for which it was sent to us.

If we collect personal information through the website it will inform you about the nature of information collected, for what purpose it is collected and how this information will be used and, if it is to be disclosed, to whom.

All patient / confidential information is received securely on our Australian based website and sent directly to your anaesthetist. This information is then promptly deleted from our web site. Please see our Privacy Policy for more information on how we handle private information.

Web server Information

Similar to other commercial websites, this website utilises a standard technology called “cookies” and Web server logs to collect information about how this website is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, actions taken, your IP address, time spent at this website, and the websites visited just before and just after this website. Please see our Privacy Policy for more information on how we handle website information.

Prices, Refunds and Terminations

Prices

All prices displayed on anaestheticgroup.com.au are in Australian Dollars and are inclusive of GST unless otherwise stated.

Refunds

We stand behind our services. Should you join Anaesthetic Group and be unable to receive patient forms, you should notify us by sending an email to support(at)anaestheticgroup.com.au. We will attempt to resolve the issue speedily. If the issue remains unresolved 30 days after you have notified us of the issue, you will be entitled to a refund of your latest subscription fee. Any request for a refund must be made within 60 days of the funds being debited from your credit card or bank account.

If you cancel your subscription you will not receive a refund of any unused portion of the price paid for your subscription.

Termination

If you wish to terminate your account with us, you must contact us at accounts(at)anaestheticgroup.com.au or cancel your recurring PayPal payment otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period.

On receipt of your written / emailed cancellation request, we will cancel your service within 2 business days.

Restricted Use

We grant to you a limited, revocable right to access and use this website and to print pages there from for personal, non-commercial or informational purposes only.

Except as permitted under these Terms and applicable laws, no part of this website may be otherwise reproduced, adapted or transmitted in any form by any process without our specific written consent.

You acknowledge and agree that:
(a) the website contains documents and forms which are licensed to us;
(b) you are only permitted to use the documents and forms in the manner set out in these Terms and Conditions; and
(c) copyright of the documents and forms belongs to Anaesthetic Group as set out in these Terms and Conditions.

You agree not to:
(a) use the website or services for unauthorised or unlawful purposes (unauthorised use of the website and any of our services may be a criminal offence and/or give rise to a claim for damages);
(b) re-sell any documents or forms you have gained access to on this website, which includes any Documents you have bought either on a per document basis or through a subscription;
(c) re-sell or attempt to benefit in a commercial fashion from any of the content available on the website;
(d) post anything on the website that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;
(e) conduct surveys, contests, pyramid schemes or chain letters on the website;
(f) introduce any form of malicious software into the website or services; or
(g) collect information about others on the website without their consent.

Competitors

Competitors, including companies offering online medical forms of any kind, are not permitted to access or use any information, forms or documents accessible on anaestheticgroup.com.au and are not permitted to use this website.

Restricting Access

Should we deem that you are acting contrary to the spirit of the website or in a manner which could damage our business and repute, we reserve the right to exclude you from the website.

We reserve the right to restrict or terminate your access to this website and any of our services at any time without notice.

This website may contain links to sites maintained by other organisations. A link from this website does not imply our endorsement or agreement with the views of those sites. We do not provide any warranty or take any responsibility for the accuracy, source or any other aspect of those sites.

We are not liable for any loss or damage, however caused (including through negligence), which may be directly or indirectly suffered by you or anyone else in connection with use of this website or a linked site.

We regularly review links on the site and reserve the right to block any link.

Security

No patient information will be sold to any third parties.

Patient health forms filled in on Anaesthetic Group are captured via an SSL (Secure Socket Layer).

We do not guarantee that files or programs executed and/or downloaded from this website or provided via our services are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software. We are not liable for any such damage or interference you may suffer in connection with use of our services. You assume the risk and liability that may arise from using our services and third party websites. You should establish your own protection against viruses and other causes of damage. We cannot ensure the security of any information you send to us via the Internet during its transmission. Accordingly, any information you transmit in this manner will be sent at your own risk. We recommend that you do not provide us with confidential information via our services unless you accept the risk that the information may be lost, corrupted, or disclosed to third parties during its transmission.

We own or licence all intellectual property rights in all materials used in our services and all rights are reserved.

A lot of time, hard work and effort went into producing this website. This website and its designs are not to be reproduced without prior written permission.

Copyright in all content contained on this website, including but not limited to text, form questions, drawings, photographs and page layout, subsists under, and is protected by, the Copyright Act 1968 (Cth) and international copyright laws and, unless stated otherwise, is owned by us or used by us under licence.

None of such content or any part of it may be reproduced in any other media or in any form except in accordance with the Copyright Act 1968 (Cth).

Unless otherwise indicated, the “Anaesthetic Group” logos, names and service marks appearing on the website are marks belonging to us. Any use of these without our prior written consent is a breach of the Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited.

Third party trade marks may appear on this website and all rights therein are reserved to the registered owners of those trade marks.

Feedback & Testimonials

Subject to the legal obligations with respect to privacy, any reviews, material, information, feedback or testimonials submitted to us and posted on the website will be considered as having been voluntarily submitted for use by us and as non-confidential and non-proprietary information and we are free to use such information on the website and otherwise at its sole discretion, whether for commercial or non-commercial purposes and without liability or compensation to any person or entity.

Changes to the website

We reserve the right to revise, change, modify or delete the content of any part of the website, including any service or product available through the website, at any time in our sole discretion and without prior written notice.

Members / Doctors on this website

As the information appearing on the website is provided to us by third parties, we will have no liability in respect of any loss or damage arising from:

(a) third party service provider (“Doctor”) information which appears on the website, including the manner in which the information is displayed or information which may be:
(i) out of date; or
(ii) inaccurate; or

(b) duplication of Doctor names where two or more Doctors have the same name.

We will determine, at our discretion, the method by which we confirm to Patients / Users of our information system (“user”) that their information has been recorded via the website.

Such confirmation is the sole service we provide to users via the website and, thereafter, all dealings and communication regarding appointments or any treatment arising there from will be between the user and doctor. We are not responsible in any manner for any communication between the user and the doctor and have no liability in respect of such dealings whatsoever.

We are not an agent for any of the doctors listed on this website and we have no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the doctor, timing of or attendance at an appointment or quality of service provided by a doctor.

Doctor registration terms

Application

We reserve the right to reject any member applications.

It is your responsibility to provide and check you have up to date information for your profile page.

Service

We shall use reasonable endeavours to provide continuing availability of the server and the services but we shall not, in any event, be liable for service interruptions or down time of the server.

We make efforts to ensure that this website, and all of our services are online 24×7 every day of the year. However, this will not always be the case. There are times when this website will be down, sometimes for things that we can’t control and others that we can. When our service is offline we will do our best to get it online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to this website being offline.

If you have specific hosting needs, or expect a large volume of users to visit your page then please contact us well in advance.

Domain Names

We do not warrant or guarantee that the domain name requested will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

Domain names are bought on your behalf. All domain names we register for you can be transferred upon cancellation of our service via your initiated transfer request with your new domain name provider. Transfer of ownership is free if you separately paid us (outside of your plan) to organise your domain or $120 for domains that came free with your plan or via a special offer. This transfer fee may be waived at our discretion. Please allow 5 working days for domain name transfers. Domain names will not be renewed by us if you have cancelled our service and it is your sole responsibility to request a transfer of them prior to their expiry date.

We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

The system that runs this website, your profile page(s), forms and domain name remains our property at all times. The coding, programming and intellectual property that creates your profile page(s) is owned by us. In purchasing an Anaesthetic Group template profile package / plan with us you acknowledge that we own the style, design and graphic design of the website.

This website and the page your domain name may link to on this website, including but not limited to its content, forms, layout and design, is our Copyright and will not be transferred upon cancellation of your account.

We assume you have permission to use any files, design features or pictures you provide us. We accept no responsibility in respect of the Copyright and any dispute between you and any other individual or organisation regarding the Copyright and it must be resolved between the parties concerned and we will take no part in any such dispute.

We regularly review links on the site and reserve the right to block any link. We don’t allow links to non-Anaesthetic Group sites where similar services are provided (for example questionnaires).

Dispute Resolution

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. We will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. If you have any feedback or questions about our services, please contact us at info(at)anaestheticgroup.com.au.

If there is a dispute in relation to these Terms and Conditions, you agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.

Limitation of Liability and Disclaimer

While we take all reasonable care to include accurate and up-to-date information on the website, the information provided should not be relied upon as being error free or accurate and we make no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the website, nor does it accept any responsibility arising in any way for errors or omissions.

All information provided on the website is general in nature and does not constitute medical or any other form of advice and is provided ‘as is’ without warranty of any kind, express or implied, to the fullest extent possible under law.

The Content is intended only to provide a summary and an overview of the subject matter covered. It is not intended to be comprehensive nor should it be relied upon as a substitute for professional advice. You should seek professional advice before acting or relying on any of the Content. We are not liable for any decisions, actions or omissions that you make on reliance on such Content. Your use of this Website and the Content and/or receipt of any Content is not intended to create nor does it create an advisory relationship between you and us, or its licensors.

As far as lawfully possible, we accept no liability or responsibility for the actions or omissions of any users of the website in relation to the content contained herein.

In no event will we be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the website, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components.

We are not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any material accessed or provided through the website or external sites and will not be liable for any damage or loss whatsoever resulting from any users downloading or accessing any information or material through the website.

We do not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the website (including hypertext links to external sites if any) for any reason whatsoever.

We do not guarantee that files or programs executed and/or downloaded from this website or provided via this website are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and we are not liable for any such damage or interference which may be suffered in connection with use of the services.

We do not guarantee the security of any information sent to the website via the internet and such information is sent at the transmitter’s own risk.

Advertising Policy

We do not endorse the content of advertisements, affiliates or sponsorships appearing on the website and have no liability in respect thereof. We make no guarantees about the accuracy, currency, content, or quality of the information provided, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside regarding those external companies.

Miscellaneous

These Terms and this website is governed by the laws of the state of New South Wales, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.

We reserve the right to terminate or restrict access to the website or modify, suspend or cancel any of the services provided via the website at any time without notice.

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue to apply.

If you are not satisfied with any part of the website, our services or these Terms, you should contact us, and cease using the website and our services.

The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

Updates

We reserve the right to revise, change or modify these Terms at any time by posting new Terms on the website. You are bound by any such revisions and should therefore visit the Terms each time you visit the website to review the current Terms by which you must abide.

These Terms and Conditions are current from 1st July 2016. These Terms make up the entire agreement between you, us and anaestheticgroup.com.au, and supersede any prior agreement, understanding or arrangement between you, us and anaestheticgroup.com.au, whether oral or in writing.

From time to time we may make changes to our terms, processes and systems in relation to how we do business. We will update these Terms to reflect any changes. You should check this page from time to time to ensure that you are happy with any changes.

Contact

Please direct any queries, complaints, requests for access to records to: terms(at)anaestheticgroup.com.au or by mail to
Terms and Conditions Officer, Anaesthetic Group, PO Box 4181, Royal North Shore Hospital NSW 2065 Australia