Online Bookings Platform and Website Terms and Conditions

Last revised: 25.02.2022

These Terms and Conditions apply to your use of the Online Bookings Platform and Website. The Online Bookings Platform and the Website are owned and operated by Queensland X-Ray. Where you see particular words or terms used in these Terms and Conditions which are capitalised (for example “Device”), these words or terms have special meanings which are set out at the back of these Terms and Conditions. You will need to refer to them when you are reading these Terms and Conditions to gain a full understanding of them.

You accept these Terms and Conditions by making an online booking. If you do not agree to these Terms and Conditions, do not use our Online Bookings Platform or Website.

You acknowledge and agree that your use of the Online Bookings Platform and Website is for your personal, non-commercial use only.

1. Making a booking

As part of the online booking process, you will be required to:

(i) verify your mobile number by entering the six (6)-digit one-time password we send to you via SMS each time you make a booking; and

(ii) Upload your referral from your Healthcare Professional.

2. Licence

You can use the Online Bookings Platform and/or Website for the sole purpose of receiving making bookings with Healthcare Professionals.

3. Providing information to Queensland X-Ray

(a) You have control over the information you provide to us about you and your Family Members.

(b) Queensland X-Ray may (but is not obliged to) keep records or back ups of the information you enter into the Online Bookings Platform and/or Website or to which we provide you with access to through the Online Bookings Platform and/or Website. We recommend that you keep and maintain a separate back-up copy of the information you give us if you require access to it in a different format or for longer than our usual retention period.

4. Devices

(a) You are responsible for using, having or obtaining a compatible Device in connection with any access and use of the Online Bookings Platform or Website.

(b) Queensland X-Ray is not responsible for:

(i) any inability of your Device to access the Online Bookings Platform or Website; or

(ii) any loss or damage to a Device from your access and use or attempted access and use of the Online Bookings Platform or Website.

(c) You may access and use the Online Bookings Platform or Website on any number of Devices.

5. Online Bookings Platform

(a) It is important that you provide current, complete and accurate information (including any information that may be relevant to your appointment with your Healthcare Professional) when using the Online Bookings Platform and/or Website, and to promptly update your information so that we can maintain and manage our provision of the Online Bookings Platform and/or Website to you, and to contact you as needed. The Online Bookings Platform or Website will require you to verify the information you have provided each time you update it by entering the six five (6)-digit one-time password we send to you via SMS.

(b) If you are making an appointment for or on behalf of a Family Member, you:

(i) if your Family Member is over 18, make sure that you have your Family Member's consent to make that appointment using the Online Bookings Platform or Website for them which includes having their authority to agree on behalf of your Family Member to these Terms and Conditions; and

(ii) confirm that that your Family Member has consented to the disclosure of their Personal Information, including Health Information (by you or their Medical Practice), to Queensland X-Ray so that Queensland X-Ray may lawfully collect, use, and process that Personal Information for the purposes set out in these Terms and Conditions.

(c) If you are making an appointment on behalf of a Family Member who is a minor, you must be the parent or guardian of that minor.

6. Payments

(a) All payments and any refunds for any medical or healthcare services are processed directly by the relevant Health Professional or Medical Practice not Queensland X-Ray.

(b) We do not charge for your use of the Online Bookings Platform or Website but you may incur charges from your Internet or mobile service provider for using the Online Bookings Platform or Website. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your Internet or mobile service provider directly.

7. Location Data

By using our Online Bookings Platform you grant Queensland X-Ray permission to access, collect, and use your Location Data to allow Queensland X-Ray to provide you with the location-based functionality of the Online Bookings Platform and/or Website or other location-based services we may offer from time to time. For example, we can provide you with a calculation of the distance between your current Location and the Location of the Medical Practices nearest to you. If you do not want us to access, collect or use your Location Data, please disable this feature on your Device.

8. Analytics and cookies

You acknowledge and agree that Queensland X-Ray may use analytics on, or engage third party data analytics service providers for, the Online Bookings Platform and/or Website which enable us to track your real time activity on the Online Bookings Platform and/or Website, monitor real time usage patterns for the purposes of further developing and improving the Online Bookings Platform and/or Website. Queensland X-Ray may also use 'cookies' in accordance with our Privacy Policy but only for monitoring real time activity as described in this section. This does not include collection of your Personal Information as we are only monitoring usage but, if you do not want us to monitor your usage of the Online Bookings Platform and/or Website, you should not use it.

9. Acceptable Use

(a) You will not and will not attempt or permit any person to:

(i) access and use the Online Bookings Platform and/or Website in a manner which could interfere with the Online Bookings Platform and/or Website or the access and use of the Online Bookings Platform and/or Website by other users;

(ii) engage in conduct or activities which attempt to manipulate or bypass any limitations on the Online Bookings Platform and/or Website including anything that imposes an unreasonable or disproportionately large load on the Online Bookings Platform and/or Website or any network or website connected to the Online Bookings Platform and/or Website;

(iii) do (or omit to do) anything that may jeopardise the security of the Online Bookings Platform and/or Website or access to the Online Bookings Platform and/or Website;

(iv) resell, sub-license, resupply, provide a bureau service using, communicate or otherwise make available the Online Bookings Platform to a third party (except for your family members);

(v) post to the Online Bookings Platform and/or Website or transmit or distribute any code, files or programs designed to interrupt limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;

(vi) remove or tamper with any copyright, trade mark or other proprietary notice of ours or any other entity on the Online Bookings Platform and/or Website;

(vii) commit or encourage a criminal offence; or

(viii) copy, reproduce, translate, decompile, disassemble, reverse-engineer, attempt to derive the source code, modify, vary or otherwise deal with the Online Bookings Platform and/or Website, any computer code underlying the Online Bookings Platform and/or Website or any content on the Online Bookings Platform and/or Website or any part thereof.

(b) You will comply with all applicable laws in relation to your access to and use of the Online Bookings Platform and/or Website.

10. Availability, support, and updates

(a) Although Queensland X-Ray will use commercially reasonable efforts to ensure the Online Bookings Platform and/or Website is available 24 hours a day, 7 days per week, the Online Bookings Platform and/or Website may become unavailable from time to time for any scheduled Updates (see below) or as a result of events beyond our reasonable control, such as:

(i) failure or default by any of Queensland X-Ray's third party service providers;

(ii) abnormal usage volumes;

(iii) Internet or telecommunication failures; or

(iv) your incorrect use of the Online Bookings Platform and/or Website.

In such an event, we will use commercially reasonable efforts to overcome such circumstances or mitigate their effects and resume full operation of the Online Bookings Platform and/or Website as soon as reasonably practical.

(b) Subject to our obligations to comply with the Privacy Act and our Privacy Policy, Queensland X-Ray will use commercially reasonable endeavours to ensure that the Online Bookings Platform and Website are subject to security measures consistent with accepted industry standards, however you accept that the Internet is not a fully secure environment and Queensland X-Ray cannot guarantee that the Online Bookings Platform and/or Website will be secure, error free, uninterrupted or timely or that the Online Bookings Platform and/or Website or their related servers, are free of viruses, bugs or other malicious code or interference. As such, you:

(i) provide information to us through the Online Bookings Platform and/or Website at your own risk; and

(ii) are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements with regard to the security of information on your Device.

(c) We may make Updates to the Online Bookings Platform and/or Website at any time including changing, adding or discontinuing functionality. You acknowledge and agree that the Online Bookings Platform and/or Website may be unavailable for the purpose of rolling out such Updates. We will use commercially reasonable endeavours to ensure that any Updates will not materially adversely impact your use of the Online Bookings Platform and/or Website.

11. Privacy

(a) Queensland X-Ray will, in performing its obligations under this Agreement, comply with the Privacy Act including the Australian Privacy Principles. You must also comply with the Privacy Act in relation to obtaining the necessary consents to disclose Personal Information of any Family Member when you make an appointment through the Online Bookings Platform on their behalf.

(b) Your Personal Information (including your Healthcare Professional referral) is only retained by Queensland X-Ray temporarily during your use of the Online Bookings Platform and after you have finished using it for a short period before it is purged from our systems (usually daily). It is possible that your Personal Information may be retained for longer periods before it is purged but it will not be actively used and regardless, it will always be handled and protected by Queensland X-Ray in accordance with the Privacy Act and our Privacy Policy.

(c) Our Privacy Policy explains our commitment to the protection of your Personal Information. By providing your Personal Information to Queensland X-Ray through the Online Bookings Platform and/or Website, you agree to Queensland X-Ray:

(i) collecting, using, and processing your Personal Information for purposes solely associated with your use of the Online Bookings Platform and/or Website in accordance with our Privacy Policy and these Terms and Conditions;

(ii) sharing your Personal Information with your selected Medical Practice and Healthcare Professional; and

(iii) using your Personal Information to send you emails and SMS messages for the purposes of reminding you of appointments/cancellation of appointments/rebooking and otherwise complying with our obligations under these Terms and Conditions.

(d) Queensland X-Ray will otherwise only use your Personal Information to send you other information if it directly relates to your use of or concerns the availability of the Online Booking Platform or other information relating to the operation of the Online Booking Platform. By using the Online Booking Platform and agreeing to these Terms and Conditions, you give us this permission to do so. If we send you an electronic communication other than a communication containing no more than factual information (for example, an email advising you that these Terms and Conditions have changed), we will give you the option of not receiving further communications of this nature which will allow you to opt out of receiving electronic communications containing marketing material at any time.

(e) If you suspect any misuse or loss of, or unauthorised access to or disclosure of, your Personal Information in connection with the Online Bookings Platform and/or Website, you must let us know immediately.

12. Intellectual Property Rights

(a) Queensland X-Ray owns or is the licensee of all Intellectual Property Rights in the Online Bookings Platform and/or Website, including any Updates.

(b) You retain your rights in information you provide to Queensland X-Ray through the Online Bookings Platform and/or Website, including your Personal Information, and only grant us the right to use it for the purposes associated with the Online Booking Platform and your use of it.

13. Exclusion of Warranties

(a) To the maximum extent permitted by law and section 15 below, or any statutory consumer guarantee contained in any applicable law, the Online Bookings Platform and/or Website is provided on an 'as is' and 'as available' basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

(b) Queensland X-Ray does not warrant and has no liability to any party (including to you) in relation to:

(i) the accuracy, completeness or reliability of information supplied by Medical Practices;

(ii) any Third Party Websites we may link to our Website (such links are only provided for your convenience and the contents of those websites are entirely the responsibility of the entity responsible for those websites); or

(iii) any services that are not provided by Queensland X-Ray (this includes the services of your selected Health Professional for which we are not responsible).

14. Indemnity

You indemnify Queensland X-Ray against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you:

(a) did not observe any of your obligations under these Terms and Conditions; or

(b) acted wilfully, unlawfully, negligently or fraudulently in connection with these Terms and Conditions

15. Liability

(a) Nothing in these Terms and Conditions excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.

(b) To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach any Non-Excludable Rights or the ACL will be limited to:

(i) supplying the services again; or

(ii) paying the cost of having the services supplied again.

(c) To the full extent permitted by law and strictly subject to the ACL, we are not liable to you for any Consequential Loss arising under or in connection with these Terms and Conditions.

16. Termination

(a) We may, without notice to you, limit, suspend or terminate your access and use of the Online Bookings Platform and/or Website at any time for any reason, including due to a breach of these Terms and Conditions or due to system failure, Updates or any other reason outside of our control.

(b) You acknowledge and agree that you may lose saved data (such as your Personal Information) or your personal settings on the Online Bookings Platform or the Website, should we limit, suspend or terminate your access to the Online Bookings Platform and/or Website, at any time and that we are not responsible for any such loss.

(c) You may terminate your use of the Online Bookings Platform and/or Website at any time by immediately stopping your use of our Online Bookings Platform or Website.

17. Entire Agreement

(a) In the event that any provision of these Terms and Conditions is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms and Conditions, but that will not affect the validity and enforceability of any of the remaining provisions.

(b) If we fail or delay in the exercise or enforcement of any right or provision of these Terms and Conditions, that will not amount to a waiver of that or any other right or provision.

(c) These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your access to and use of the Online Bookings Platform and/or Website, and supersede any prior or contemporaneous agreements, communications or proposals, regardless of whether they were oral or written, between you and us (including any prior versions of the Terms and Conditions).

(d) Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

18. Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.

19. Changes to these Terms and Conditions

(a) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Online Bookings Platform or Website.

(b) It is your responsibility to check the Online Bookings Platform or Website periodically for changes.

(c) Your continued use of the Online Bookings Platform or Website after these Terms and Conditions have been changes or updated, will be taken to be acceptance of such changes or updates.

20. Contact information

Questions about these Terms and Conditions should be sent to Queensland X-Ray at feedback@qldxray.com.au.

21. Definitions

In these Terms and Conditions:

ACL means the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations.

Online Bookings Platform means the platform we offer you through your communication network to enable you to book your Online Bookings Platform appointments with Healthcare Professionals, receive notifications about your specialist referrals.

Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data).

Device means a mobile device on which you have loaded the Online Bookings Platform application or a mobile device or computer on which you have accessed the Website.

Family Member means a member of your household or any person who is your relative and who has consented to you making an appointment through the Online Bookings Platform or Website on their behalf.

Healthcare Professional means a registered medical practitioner other healthcare or allied health practitioner in Australia.

Health Information means information about your health or disability, including information or opinion about your illness, injury or disability.

Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including Moral Rights), designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to registration for the grant or registration of same.

Location means a geographic location in Australia.

Location Data means the real-time geographic location of your Device, determined in accordance with your Device settings.

Medical Practice means a medical centre or radiology clinic in Australia that has signed up to take bookings for appointments through the Online Bookings Platform and/or Website.

Notification means any alerts, updates, or messages that the Online Bookings Platform or Website initiates and sends to you via your Device.

Non-Excludable Rights means certain rights and consumer guarantees implied under the ACL, which cannot be excluded, restricted, qualified or modified by Queensland X-Ray.

Personal Information has the meaning set out in the Privacy Act and includes Health Information.

Privacy Act means the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as amended.

Third Party Websites means any websites operated by third parties.

Update means an update, maintenance, addition or removal of any features or functionality, redesign, improvements, new versions, or any modifications to the Online Bookings Platform or the Website.

Website means the Online Bookings Platform application we offer from time to time through our website located at qldxray.com.au to enable you to book your appointments with Healthcare Professionals.