Terms of Use

In General

This document governs your relationship, access to and use of the Website for My Health Dairy service.

Synergy Radiology Pty Ltd ACN 163 375 835 (Synergy Radiology, or we, us or our) owns and operates My Health Diary service via our website (“https://myhealthdiary.com.au”) and app application (“My Health Diary”). Access to and use of this website, app application and services available through this website and app application (collectively, the "Website") are subject to the following terms, conditions and notices (the "Terms of Use"). By accessing the Website and/or using its services, you acknowledge that you have read and understood the Terms of Use and agree to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by Synergy Radiology. We are not required to maintain or update the Linked Sites. The Linked Sites will let you leave the Website. Synergy Radiology has no control over the Linked Sites and accepts no responsibility for the contents therein or for any loss or damage that may arise from your use of them. Synergy Radiology does not make any warranties and accepts no liability in relation to the material contained on the Linked Sites. Your use of the Linked Sites will be subject to the terms of use contained within each such sites.

Use of the Website is subject to all applicable laws and regulations. Synergy Radiology will protect its legal rights and interests.

IMPORTANT NOTICE

This Website is not a substitute for health and medical advice from a qualified health professional. For questions regarding health or medical conditions, users of this Website should always seek the advice of a qualified health professional.

Privacy Policy

Our privacy policy, which sets out how we will collect and use your information, can be found at https://myhealthdiary.com.au/info/privacy. By using this Website, you accept and consent to our privacy policy and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You must not:

  • use or encourage the use of the Website in anyway contrary to law or regulation or these Terms of Use
  • in any way interfere with access to, or functionality of, the Website or any services provided by the Website
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene
  • hack into any aspect of the services
  • corrupt data
  • cause annoyance to other users
  • infringe upon the rights of any other person's proprietary rights
  • send any unsolicited advertising or promotional material, commonly referred to as "spam" or
  • attempt to affect the performance or functionality of any computer facilities of or accessed through the Website.

Breaching this provision could constitute a criminal offense, and if so, we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

Synergy Radiology owns or is entitled under licence to all rights, title and interests (including present and future copyright) in the Website and within the services that we provide. All material including domain names, company and business names, text, contents, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all products and services described on the Website are owned exclusively by Synergy Radiology, its related bodies corporate or others who have licensed their material to us (unless expressly indicated otherwise).

You may store, print and display the contents supplied solely for your own personal use. You must not sell, publish, manipulate, modify, distribute or otherwise reproduce, in any format, any of the contents or copies of the content supplied to you or which appears on the Website nor may you use any such contents in connection with any business or commercial enterprise without our written consent, other than to the extent expressly authorised either in the Website or these Terms of Use. Nothing in these Terms of Use or the Website will give you ownership of the material and contents.

Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without the prior consent of Synergy Radiology.

Synergy radiology reserves the right to all other intellectual property that is inherent in other information, products, processes or technologies which form part of the Website and are not explicitly licensed.

Disclaimer of Liability

While care and diligence have been used, the material displayed on this Website is provided without any guarantees, representation, or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, Synergy Radiology and its suppliers, content providers and advertisers hereby expressly exclude any liability, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, , which may arise as a result of the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from the negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to the Website

You may link to our Website’s home page, provided you do so in a legal manner and does not damage our reputation or take advantage of it. You must not establish a link in such a way so it suggests any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We retain, in our sole discretion, the right to disapprove and seek the removal of any link to our Website. If a link is not immediately removed upon request, we reserve the right to disable the link. We further reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary, all third party trademarks, contents, services and/or locations featured on this Website are in no way associated, linked or affiliated with Synergy Radiology and you should not rely on the existence of such a connection or affiliation. Any third party trademarks/names featured on this Website are owned by the respective trademark owners. Where a third party trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Synergy Radiology.

Indemnity

You agree to indemnify, defend and hold harmless Synergy Radiology, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Website or your breach of the Terms of Use.

Variation

Synergy Radiology have the right in its absolute discretion at any time and without notice to you to amend, remove or vary the contents, services and/or any pages of the Website.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We have a complaints handling procedure which will be used to resolve disputes. Please notify us if you have any complaints or comments.

Waiver

If you breach the Terms of Use, our failure or delay to exercise our power or right does not operate as a waiver of that power or right.

Entire Agreement

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Synergy Radiology. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by a director of Synergy Radiology.