Terms and Conditions

SISTR TERMS & CONDITIONS

In this agreement: ‘We’, ‘our’ or ‘us’ means PREXA Pty Ltd ABN 35 639 109 827 trading as Sistr; and ‘You’ or ‘your’ means the person identified as the patient via our online registration process. These terms govern our relationship with you now and in the future. You warrant that you have either completed our registration process yourself or someone has assisted you with your registration. Once you confirm your details via our registration process (by clicking on “Submit Registration Form”), you agree to be bound by the terms and conditions in the below Services Contract, which governs the terms on which we agree to provide you with our services. We are committed to the National Privacy Principles contained in the Privacy Act 1988 (Cth). The information we have collected about you during the registration process is collected for the purpose of providing our services to you. If the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you with the services you are seeking. We acknowledge that information is sensitive and commit not to collect information other than is any necessary to provide our services to you.

SERVICES CONTRACT

(a) Supply of the Service

We will do our best to ensure that we provide you with the services.

(b) Information provided by you

You agree that all information provided by you in connection with the Services is true and complete to the best of your knowledge.

Both parties agree to keep confidential, and not to use or disclose, any Confidential Information of the other party that is given to or received by that party either before or after entering into this agreement.

This confidentiality obligation does not apply to the extent that the Confidential Information is required to be disclosed by applicable law, or under compulsion of law by a court or government agency or is in the public domain otherwise as a result of a breach of this agreement or other obligation of confidence.

(d) Intellectual property

The Sistr Material remains our property and nothing in this agreement is intended to grant you any Intellectual Property Rights in the Sistr Material or other Intellectual Property Rights of us.

(e) Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. All products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Sistr , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability for any loss or damage suffered or incurred in connection with this agreement is limited to any Fees payable by you in connection with this agreement, or where this is not sufficient our liability shall be limited to the maximum extent permitted by law.

(f) Indemnification

You agree to indemnify, defend and hold harmless Sistr and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

(g) Errors or omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your registration).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

(h) Force majeure

We will not be in breach of this agreement as a result of, or liable for, any failure or delay in the performance of our obligations under this agreement to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission by you.

(i) General

The laws of New South Wales, Australia govern this agreement. Each party irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales, Australia and Courts competent to hear appeals from those Courts.

We may assign our interest under this agreement.

Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason, then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.

No rule of construction applies in the interpretation of this agreement to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.

(j) Definitions

In this agreement:

‘Confidential Information’ of a party means the terms of this agreement and any information:

(i) relating to the business and affairs of that party;
(ii) relating to the customers, clients, patients, employees, sub contractors of other persons doing business with that party;
(iii) which is by its nature confidential;
(iv) which is designated as confidential by that party; or
(v) which the other party knows or ought to know is confidential, and includes all trade secrets, know how, financial information or other commercially valuable information of that party, and including the Fees charged by us.

‘Fees’ means any monetary amount paid by you for the services we provide.

‘Force Majeure Event’ means any occurrence or omission outside our control and includes:

(i) a physical natural disaster including fire, flood, lightning or earthquake;
(ii) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;
(iii) epidemic or quarantine restriction;
(iv) ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;
(v) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;
(vi) law taking effect after the date of this agreement; and
(vii) strike, lock-out, stoppage, labour dispute or shortage.

‘Intellectual Property Rights’ means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of such rights.

‘Service’ means a digital GP consultation and associated follow-on services.

‘Sistr Material’ means any material provided by or to, which access is given by us to you for the purposes of this agreement, including documents, equipment, reports, technical information, studies, plans, charts, drawings, calculations, tables, schedules and data stored by any means