The web site www.1stavailable.com.au and www.1stavailable.com (“web site”) is operated and administered by 1ST Group Ltd ACN 138 897 533 (“Company”) to facilitate bookings and arrangements with health professionals and other third parties (“services”). The use of the web site by any visitor, customer, subscriber or advertiser (“customer”) is conditional upon the customer’s acceptance and compliance with these terms and conditions (“terms and conditions”) and the customer’s use or access to the web site constitutes acceptance of these terms and conditions.
Information contained on this web site is of a general nature only, and does not constitute medical advice. Customers should not rely upon any information on this web site as a substitute for obtaining specific advice from a qualified health care professional.
The services offered by this web site are neither intended nor able to address immediate urgent medical emergencies. If a customer requires immediate urgent medical assistance it should contact emergency services on 000 or attend the nearest hospital emergency centre.
A “Subscriber” is a medical provider or other services provider who appears in the address book on the web site.
>The Company:(a) cannot guarantee the availability of a Subscriber;
(b) will not be liable for missed, wrongly or double booked, or otherwise unfulfilled appointments;
(c) will not be liable for incorrectly charged appointments;
(d) does not endorse or recommend any Subscriber; and
(e) accepts information provided by Subscribers in good faith and cannot guarantee the accuracy of such information.
The Company advises the customer to make their own enquiries prior to selecting a Subscriber.
1.1 The Company will comply with its privacy obligations including the provisions of the Privacy Act 1988 (Cth).
1.2 The Company may collect a customer’s personal information and use that personal information for the purpose of providing the services offered on the web site.
1.3 The Company will not otherwise disclose a customer’s personal information to any third (3rd) party except where the disclosure is (a) required by law; or (b) authorised by the customer.
The customer acknowledges that:
(a) their use of the web site and the services provided on the web site are at the customer’s own risk;
(b) the content and services provided on the web site are provided to the Company by third (3rd) parties hence the Company is acting as a facilitator of information as opposed to a provider of medical advice and services or a provider of other health related information and services;
(c) the Company provides no warranties as to:
(i) the suitability of the content provided on the web site;
(ii) the suitability of the services offered on the web site by Subscribers or other third parties;
(iii) the quality of the services provided on the web site by Subscribers or other third parties; and
(iv) the accuracy of the address book or bookings calendar on the web site;
(d) without affecting any of the Customer’s statutory consumer rights that cannot be lawfully excluded or limited, the Company will not be liable for any losses or damage (however caused, including negligence and whether direct or indirect) arising from the Customer’s use of the web site and/or services.
6.1 The customer warrants that they are over the age of eighteen (18) years and all information provided to the Company by the customer is truthful and valid.
6.2 The customer warrants that their use of the web site is for lawful purposes only and that the customer will not use the web site to:
(a) post or transmit any material on the web site which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, or racially or ethnically or otherwise objectionable;
(b) encourage conduct that is criminal, would give rise to civil liability or would otherwise violate any law;
(c) harm children in any way;
(d) impersonate a person or entity or falsely state your affiliation with a person or entity;
(e) upload, post, transmit or otherwise make available any content that infringes the rights of another party including but not limited to trademark, copyright and other intellectual property rights;
(f) transmit or otherwise make available any material that contains software viruses or any other computer code, files designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6.3 The customer warrants that they will not use the web site to advertise or perform any commercial or other form of solicitation that is not authorised by the Company.
6.4 The customer warrants that they will not misuse the web site or services by scheduling an appointment with a Subscriber which the Customer has no intention of keeping
6.5 The customer acknowledges that the services and web site, including any necessary software used in connection with the web site (“software”), contain proprietary information that is protected by applicable intellectual property and other laws. The customer warrants that they will not modify, publish, replicate, transmit, rent, participate in the transfer or sale, create derivative works out of or in any way exploit content and/or software, in whole or in part, contained on the web site or accessible through the services.
The customer agrees to indemnify the Company, its subsidiaries, affiliates, directors, employees and agents against any demand, action, claim, loss or expense arising out of: the content the customer submits or otherwise transmits through the web site; the customer’s use of the web site; the customer’s breach of these terms and conditions; or the customer’s violation of the rights of another customer.
8.1 The Customer agrees that they will keep secure any password and account details provided to them by the Company in connection with the Customer’s use of the web site and/or services. The Customer agrees that they will be fully responsible for all activities that occur under their account and password and will notify the Company upon any unauthorised access to their account or other breach of security. [insert a condition like this if user’s – subscribers or the public will have the facility to create accounts]
8.2 The Company provides no warranties that files or programs executed and/or downloaded from this web site or provided via the services are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software.
8.2 The Company is not liable for any such damage or interference customer may suffer in connection with use of the web site or services. Customer assumes the risk and liability that may arise from using the web site and services and third party websites. Customer should establish your own protection against viruses and other causes of damage.
8.3 The Company cannot ensure the security of any information customer sends to us via the Internet during its transmission. Accordingly, any information customer transmits in this manner will be sent at customer’s own own risk. We recommend that the customer does not provide us with confidential information via the Online Services unless it accepts the risk that the information may be lost, corrupted, or disclosed to third parties during its transmission.
The web site may provide, or third parties may provide, links to other World Wide Websites or other online resources (“Site”). The Company has no control over any Site and the Customer acknowledges that the Company will not be responsible for the availability of a Site or be liable for any content available from a Site. The Customer further agrees that the Company shall not be liable for any damage or loss caused by the Customer’s access to or reliance on a Site.
10.1 The web site and these users’ terms and conditions shall be governed by and construed in accordance with the laws of the State of New South Wales.
10.2 The Company may terminate or restrict the customer access to any of the services at any time without notice. Company may modify, suspend or cancel any of the services at any time.
10.3 The Company shall have the right, at any time, to change, modify or vary these terms and conditions or any part thereof or impose new conditions, including, but not limited to, adding fees and charges for use of the web site. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the web site or by electronic or conventional mail or by any other means which the Company considers reasonable. Use of the web site by the customer after such notice shall be deemed to constitute acceptance by the customer of such changes, modifications or additions.
