Terms of use
Herston Private Imaging Website Terms of Use
These Terms of Use apply to your use of the Website. The Website is owned and operated by Herston Private Imaging Pty Ltd (HPI).
You accept these Terms of Use when you access and otherwise use our Website. If you do not agree to these Terms of Use, you must immediately stop using the Website.
To use this Website, you confirm you are over 18, live in Australia, and are legally permitted to enter contracts. If you're under 18, your parent or legal guardian must consent to account creation and agree to these terms on your behalf.
You acknowledge and agree that the Website is for personal, non-commercial use only.
General
Reasonable effort is made to maintain the currency and accuracy of the information on this website. We will not be liable for any reason should our Website become unavailable at any time or for any period. Services may be limited or access to the Website restricted as needed, from time to time.
This website provides information without any guarantees of accuracy or performance, meaning you use it at your own risk. We disclaim any warranties for the content, including promises of merchantability or fitness for a particular purpose. The information is for general purposes only and should not be your sole source; consult more current and complete sources for important decisions.
We may, in our sole discretion, refuse to supply the Website to any person or entity, change our eligibility criteria or withdraw or amend the Website, for any reason at any time without notice, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to our Website.
Functionality
Our Website offers a range of functions that may include:
Accessing contact details;
Requesting an appointment with HPI;
Being redirected to a Third Party Website to download a mobile and or remote application to securely view images and or reports;
Send feedback;
To avoid confusion, please verify you’re your HPI booking directly with us. For any immediate medical emergencies, dial 000 without delay.
Providing Information to HPI
You have control over the information you give us, or is provided to us about you, specifically in relation to your Personal Information (including Health Information).
To ensure we can manage the website and contact you effectively, you agree to provide and promptly update all booking and appointment details, keeping them current, complete, and accurate.
HPI may store your data and grant you access to it, but they aren't obligated to. You are responsible for creating your own backup of your information if you need it in a different format or for a longer duration than HPI's retention period allows.
Analytics & Cookies
You acknowledge and agree that HPI may use analytics on, or engage third party data analytics service providers for, the Website which enable us to track your activity on the Website, monitor usage patterns, further develop and improve the Website, and to offer relevant services to you. If you do not want us to access, collect or use your information for this purpose, you may cease using the Website.
Third Party Websites
HPI may include links to Third Party Websites on the Website. These links are provided for your convenience only and you acknowledge and agree that those Third-Party Websites do not form part of the Website and are not under HPI’s control. You access those Third-Party Websites at your own risk. We exclude all liability and responsibility for any loss or damage you may suffer as a result from accessing any Third-Party Websites.
Acceptable Use
You will not use the website in a way that disrupts other users, attempts to bypass website limitations, compromises security, introduces harmful code, removes copyright notices, commits illegal acts, or tries to modify or access the website's source code without permission.
You shall not or permit any other person to:
interfere with the Website that could slow it down or prevent other users from accessing the Website;
manipulate or attempt to bypass limitations or rules, especially those related to Website load or security;
upload or distribute malicious code, or software that could harm the computers, hardware, servers or systems connected to the website;
ignore copyright and trademarks notices on the website including removing and tampering with any copyright, trademark or other proprietary notice of ours or any other entity on the Website;
commit or encourage illegal activity; or
make unauthorised access such as, copying, reproducing, translating, decompiling, disassembling, reverse-engineering, attempting to derive the source code, modifying, varying or otherwise dealing with the Website, any computer code underlying the Website or any content on the Website or any part thereof.
Availability Support & Updates
HPI will use commercially reasonable endeavors to ensure that the Website is subject to security measures consistent with accepted industry standards, however you accept that the Internet is not a fully secure environment and HPI cannot guarantee that the Website will be secure, error free, uninterrupted or timely or that the Website or its related servers, are free of viruses, bugs or other harmful applications or interference. As such, you:
provide information to us through the Website at your own risk; and
are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
You acknowledge and agree that the Website may be unavailable for the purpose of us rolling out such updates from time to time. We will use commercially reasonable endeavours to ensure that any updates will not materially adversely impact your use of the Website.
Privacy
You and HPI will, agree to comply with the Privacy Act, and neither party will put the other in breach of the Privacy Act.
Our Privacy Policy explains our commitment to the protection of your Personal Information. By providing your Personal Information to HPI through the Website, you agree to HPI:
collecting, using, and processing your Personal Information in accordance with our Privacy Policy and these Terms of Use;
sharing your Personal Information with your selected Medical Practice and Healthcare Professional; and
using your Personal Information to send you emails and SMS messages for the purposes of complying with our obligations under these Terms of Use.
If you suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Website, you must let us know immediately.
Intellectual Property Rights
HPI owns or is the licensee of all Intellectual Property Rights on the Website.
We grant you a limited, personal, revocable, non-exclusive, non-transferrable and non-sublicensable licence to use the Website for the sole purpose of accessing the Website in accordance with these Terms of Use.
You acknowledge that other than the express licence granted to you in this clause, you obtain no other rights, implied or otherwise, in respect of the Website.
Disclaimer
HPI does not warrant and has no liability to any party (including to you) in relation to:
the accuracy, completeness or reliability of information on the Website;
any Third Party Websites; or
services to the extent not provided by HPI.
Indemnity
You indemnify HPI 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:
did not observe any of your obligations under these Terms of Use; or
acted willfully, unlawfully, negligently or fraudulently in connection with these Terms of Use.
Liability
Nothing in these Terms of Use excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:
In the case of goods:
replacement or repair of the goods or supplying the equivalent goods again; or
paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
In the case of services:
supplying the services again; or
paying the cost of having the services supplied again.
To the full extent permitted by law, we are not liable to you for any Consequential Loss arising under or in connection with these Terms of Use.
Termination
We reserve the right to terminate or restrict your access to the Website without warning at any time and for any reason, including a breach of these terms or system failures.
In the event your access to the Website is terminated, suspended, or limited, you may lose stored data (like your Personal Information) and settings, and you agree that the Website and HPI is not liable for this loss.
You may terminate your use of the Website at any time by immediately stopping your use of the Website.
Entire Agreement
Should a provision of these Terms be found unlawful or unenforceable, that provision will be severed, and the remainder of the Terms will remain fully valid and enforceable.
Any delay or failure by us in exercising or enforcing a right or provision of these Terms of Use will not constitute a waiver of that right or any other right
These Terms of Use represent the entire agreement between you and us regarding your use of the Website, and they replace any previous agreements or communications, whether spoken or written
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
Changes to the Terms of Use
We may update these Terms of Use at any time, in our sole judgment.
You are responsible for checking for changes periodically.
Your use of the Website after any changes are posted means you accept them.
Contact Information
Please contact HPI at hello@hpi.clinic for queries relating to these Terms of Use
Definitions
ACL means the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations.
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).
Health Information means information about your health or disability, including information or opinion about your illness, injury or disability.
HPI means Herston Private Imaging Pty Ltd ABN 33 676 999 296 and its related bodies corporate, and us, we, and our have the same meaning.
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 apply for the grant or registration of same.
Non-Excludable Rights means certain rights, consumer guarantees, warranties and remedies relating to the Website that is implied by the ACL which cannot be excluded, restricted, qualified or modified by HPI.
Personal Information has the meaning set out in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as amended.
Privacy Policy means HPI’s privacy policy located at URL www.hpi.clinic/privacy-policy as amended from time to time.
Third Party Websites means any websites operated by third parties.
Website means www.hpi.clinic
Published October 2025
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