Terms of Use

AusDiagnostics Pty Ltd ACN 612 059 686 (AusDiagnostics) supplies and provides information and marketing materials on in vitro diagnostic products at www.ausdiagnostics.com (Website), (collectively, Services).

The Services are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing 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 AusDiagnostics may have made to the Terms of Use.

1. Services

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

2. Use of the Services

• You authorise us to share any information you submit to AusDiagnostics to provide you with the Services including for direct marketing purposes as set out in our Privacy Policy.
• You must not misuse the Services.
• You must not:
  • commit or encourage a criminal offense;
  • infringe upon the rights of any other person’s proprietary rights;
  • send any unsolicited advertising or promotional material, commonly referred to as “spam”;
  • 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 Website; corrupt data; cause annoyance to other users;
  • attempt to affect the performance or functionality of any computer facilities of or accessed through the Website.

  Breaching this provision would constitute a criminal offense and AusDiagnostics will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

• AusDiagnostics 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 Linked Sites.
• AusDiagnostics may charge a fee for the Services. Our fees are non-refundable, and you are responsible for paying them when they become due. If you do not pay our fee, your ability to use the Services may be restricted.​

3. Disclaimer and Limitation of Liability

• You agree and understand that you assume all risks when using the Services, including without limitation any and all of the risks associated with any online or offline interactions with other users and all risk for any damage to your computer system or loss of data.
• AusDiagnostics may provide materials, resources, data, reports, commentaries, content, tools and information prepared by third parties. AusDiagnostics has no control over the materials, resources, data, reports, commentaries, content, tools and information provided by the third parties and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
• Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, AusDiagnostics make no representation or warranty that:
  • the material displayed on the Website is accurate, up-to-date, complete or useful; and
  • access to the Services will be uninterrupted and free from error.
• To the fullest extent permitted by law AusDiagnostics hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• AusDiagnostics will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Services, 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 AusDiagnostics’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
• Without limitation to the foregoing, you agree that our maximum liability, if any, arising out of any kind of legal claim or action in any way connected to the Services, to you will be limited to the total amount paid by you (if any) for the Services.

4. Indemnity

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

5. Intellectual Property, Software and Content

• The intellectual property rights in all materials, resources, commentaries, content, tools and information (including photographic images) contained in the Services remain the property of AusDiagnostics or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by AusDiagnostics and its licensors.
• You may store, print and display the content supplied, but only if you keep all content intact and in the same form as presented (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).

6. Linked Sites

The Website may contain links to other websites (Linked Sites), which are not operated by AusDiagnostics. AusDiagnostics has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

7. Linked to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest 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. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. AusDiagnostics reserve the right to withdraw linking permission without notice.

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

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this AusDiagnostics website are in no way associated, linked or affiliated with AusDiagnostics and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this AusDiagnostics website are owned by the respective trademark owners. Where a 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 AusDiagnostics.

9. Variation

AusDiagnostics must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of the Website.

10. Privacy Policy

Our privacy policy, which sets out how AusDiagnostics will use your information, can be found at www.ausdiagnostics.com/privacy. By using the Services, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

11. Amendments to Terms of Use

AusDiagnostics reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Services following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

12. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which AusDiagnostics exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain 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 must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

13. Complaints

AusDiagnostics operate a complaints handling procedure which AusDiagnostics will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

14. General

• These Terms of Use prevail in the event that anything in, or associated with, the provision of the Services is inconsistent with these Terms of Use.
• Any failure by AusDiagnostics to enforce any provision of these Terms of Use shall not be treated as a waiver of that provision, nor shall it affect AusDiagnostics’s right to subsequently enforce that provision.
• These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and AusDiagnostics and supersede any prior versions of these Terms of Use and all other communications whether oral or written, express or implied.

15. Governing Law

These Terms of Use and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.