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Terms of Use

  1. This website www.myGUARDIANT.com.au (the Website) is owned and operated by GUARDIANT Medical Pty Ltd (GUARDIANT).
  2. By accessing this Website or downloading materials from it, you agree to these GUARDIANT Website Terms of Use and the terms of GUARDIANT’s Privacy Policy. If you do not accept these GUARDIANT Website Terms of Use and the terms of GUARDIANT’s Privacy Policy, you must not access the Website or download materials from it.
  3. Parts of the Website may have specific terms and conditions of use which apply in addition to these GUARDIANT Website Terms of Use, and by accessing those parts of the Website, you also agree to those additional terms and conditions of use.
  4. GUARDIANT may change the GUARDIANT Website Terms of Use at its discretion and without notice.

Intellectual Property

    1. The Website and content on the Website (Content) are the property of GUARDIANT or licensed to GUARDIANT by third parties, and are protected by Australian and international copyright, trademark law and other intellectual property laws.
    2. Content is made available subject to the following terms:
      1. GUARDIANT retains its intellectual property rights in the Website and GUARDIANT-owned Content on the Website; and
      2. You may use the Website and the Content to the extent permitted by and provided that you comply with:
        • these GUARDIANT Website Terms of Use;
        • any additional terms and conditions on the Website; and
        • any applicable third party licences or agreements.
    3. You may download, display, print and reproduce the whole or part of this website in unaltered form for your own personal use or, if you are part of an organisation, for internal use within your organisation, but only for non-commercial purposes and you retain this copyright notice and all disclaimer notices as part of that reproduction.
    4. A key issue for GUARDIANT is accuracy of the information it publishes. If you are permitted to publish a version of any part of this website you must ensure that you publish the latest version.
    5. Apart from rights to use as permitted by the Copyright Act 1968 or allowed by a copyright notice on the Website or Content, all other rights are reserved. Requests and inquiries concerning the use of Content of GUARDIANT should be sent to GUARDIANT via the contact form.
    6. The Website may refer to trademarks owned by GUARDIANT or third parties. Nothing contained in this Website should be construed as being any licence or right of use of any trade mark displayed on the Website.
    7. Use of Website:

      In accessing and using the Website and the Content you must not:

      • violate any applicable laws or access or use the Website for any unlawful purpose;
      • distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
      • collect or store personal data about other users of the Website; or
      • engage in any other conduct that inhibits any other person from accessing the Website.

Linking to this Website

You may link to this Website, but permission is restricted to making a link without any alteration of the Website’s contents. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from this Website on any other website unless express written permission has been obtained from GUARDIANT. GUARDIANT reserves the right to prevent linking.

Links and Tools of a Third Party

    1. The Website may contain tools (such as Monsido PageAssist accessibility widget, Google translation service) and links to other websites (such as social media and video hosting websites, for example Twitter and YouTube) controlled or produced by third parties. Access and use of any such tool or website is at your own risk.
    2. GUARDIANT makes no representations about the accuracy of, adequacy, completeness, merchantability, fitness for a particular purpose or non-infringement of third party rights by any available tool or by any linked website or materials on them. GUARDIANT takes no responsibility for the content contained in or on those tools or websites. These tools and links are provided for convenience and in good faith but may not be or remain current.
    3. Unless expressly stated, any references to third parties or third-party tools or websites should not be taken as an endorsement or recommendation by GUARDIANT and any opinions, statements, services or other information or content available on or through third party tools and websites are those of the respective author(s) and not of GUARDIANT.
    4. If you use a tool or link on the Website from or to a third-party, you acknowledge that GUARDIANT has no control over the content of that third party tool or linked website and therefore has no responsibility for any transaction arising from your use of it. Available tools and linked websites may be subject to their own terms and conditions with which you must comply. Users of links provided by this website are responsible for being aware of which organisation is hosting the website they visit.
    5. Access to the My Health Record portal through MyGov or other portals is subject to the relevant terms of the portal.

Disclaimers and Limitations of Liability

    1. GUARDIANT:
      • monitors the quality and accessibility of the Website and Content and updates information contained on them regularly; and
      • monitors the security of the Website and Content including to protect the Website from unauthorised access and computer viruses, but GUARDIANT does not give any warranties or guarantees about the information, accessibility or the security of the Website or the Content.
    2. Subject to any express written agreement between you and GUARDIANT to the contrary and to the fullest extent permitted by law:
      • the Website and the Content are provided on an ‘as is’ basis;
      • you use them at your own risk; and
      • GUARDIANT disclaims all express or implied warranties of any kind including, without limitation, as to accuracy, reliability, currency, adequacy, completeness, merchantability, fitness for a particular purpose and non-infringement of third party rights.
    3. Where legislation implies any condition or warranty which cannot be excluded, GUARDIANT’s liability under any such condition or warranty will be limited to:
      • in the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
      • if the breach relates to services, the supplying of those services or the payment of the cost of having the services re-supplied.
    4. In no event will GUARDIANT be liable for any direct or indirect loss or damage whether through negligence or otherwise (including, without limitation, special, consequential or exemplary damages; damages for loss of profits, goodwill, loss of data; or other intangible losses) suffered by you or any other person as a result of, or in connection with your use of the Website, Content or linked websites.

Opinions and Recommendations

    1. The information on the Website is for your general information and is not professional advice to you.
    2. The Website may contain opinions and recommendations of GUARDIANT or third parties.
    3. Any opinions or recommendations given by third parties are not the opinions or recommendations of GUARDIANT. GUARDIANT may moderate opinions and recommendations where they are defamatory, insulting, infringe intellectual property rights or otherwise do not comply with statute or law.
    4. Any opinions and recommendations of GUARDIANT are made in good faith but are not to be read or construed as a warranty or guarantee that such opinions or recommendations:
      • are or will be adopted by other persons;
      • are or will be endorsed, approved, promoted or mandated by Australian or international governmental health authorities in the future in connection with digital health initiatives or otherwise; or
      • will continue to be promoted by them in the future.
    5. In relying on or otherwise using any opinions or recommendations, you:
      • must make your own independent assessment of the appropriateness of those opinions or recommendations in light of your own particular circumstances;
      • must not rely on GUARDIANT in deciding whether or not to follow those opinions or recommendations; and
      • should seek your own professional advice or exercise your own judgement in respect of any decision to rely on those opinions or recommendations.

Indemnity

You agree to indemnify and hold GUARDIANT and its related bodies corporate harmless from any claim or demand (including legal fees) made by any third party arising out of, or in connection with, your use of the Website, Content or breach of these GUARDIANT Website Terms of Use.

Terminaton

    1. GUARDIANT reserves the right to, without notice:
      • terminate your access to the Website, including by cancelling any username and password for your access to the Website;
      • remove posts, blogs or other content from the Website;
      • prevent access to the Website by you or any user or group of users;
      • intercept, remove or alter any content stored on the Website.
    2. Exercise of these rights will not prejudice or affect the accrued rights, claims or liabilities of GUARDIANT under these GUARDIANT Website Terms of Use. The provisions of these GUARDIANT Website Terms of Use dealing with intellectual property, confidentiality and privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.

Governing Law

The laws of New South Wales, Australia govern these GUARDIANT Website Terms of Use.