myMisdiagnosis Terms of Use

1. Introduction

   
   

   1. Operation of these Terms of Use

      
      

      1. Thank you for visiting our website (www.myMisdiagnosis.com (Website)). This Website is owned and operated by Internetics Pty Ltd ABN: 55 133 976 011 trading as myMisdiagnosis (we, us).

         
         

      2. By accessing or using this Website and related services, you agree to be bound by these terms and conditions (Terms of Use, or this agreement), which forms a legally binding agreement between you and us.

         
         

      3. These Terms of Use incorporate our Privacy Policy and govern your access to and use of the Website and related services. If you do not agree with these Terms of Use, you must immediately cease using our Website.

         
         

   2. Role of myMisdiagnosis

      
      

      We provide an information management platform through our Website that primarily functions to:

      
      

      1. provide a repository of medical diagnoses and misdiagnoses that is available to the public, to increase awareness about medical misdiagnosis (Repository); and

         
         

      2. allow registered users to upload information and materials, including content concerning their health and diagnostic history, to our Website (User Content).

         
         

   3. Changes to these Terms of Use

      
      

      1. We may amend, modify, add, delete and make corrections to these terms and conditions from time to time by posting the updated terms and conditions on our Website. You are bound by any such revisions and should therefore review these terms and conditions regularly.

         
         

      2. If you do not agree to changes we make to these terms and conditions, you may terminate this agreement and must immediately cease using our Website, including our Repository.

         
         

2. Registration for a Member Account

   
   

   1. Requirement to be registered

      
      

      1. You must hold a Member Account to access certain features of our Website.

         
         

      2. You may apply for a Member Account by completing the registration process on our Website.

         
         

   2. Registration process

      
      

      1. During the registration process:

         1. You must provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (see clause 8, below).

            
            

         2. You will be asked to provide a screen name to be displayed on our Website (Screen Name). We recommend that you provide a Screen Name that is unrelated to your real identity. Any User Content uploaded to our Website using your Member Account may be publicly credited to your Screen Name.

            
            

         3. You will be asked to create a password for your Member Account.

            
            

      2. We may refuse your application for a Member Account for any reason, including where we have been unable to verify your eligibility to hold a Member Account in accordance with clause 2.3.

         
         

   3. Eligibility

      
      

      1. In order to be eligible to hold a Member Account you must:

         
         

         1. be at least 13 years of age;

            
            

         2. not previously have held a Member Account that was terminated by us, unless we have provided consent in writing for you to re-apply for a Member Account; and

            
            

         3. meet any other minimum requirements for registration published on our Website from time to time.

            
            

      2. If you are 13 or older but under the age of 18 (a Minor):

         
         

         1. you must not create a Member Account without the consent of your parent or legal guardian in accordance with these Terms of Use; and

            
            

         2. we may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms of Use on your behalf.

            
            

      3. If you are a parent or guardian permitting a Minor to create a Member Account, you agree to:

         
         

         1. exercise supervision over the Minor's use of our Website and Member Account;

            
            

         2. assume all risks associated with the Minor's use of our Website and their Member Account, including the transmission of content or information to and from third parties via the internet;

            
            

         3. ensure that the content and information that the Minor may encounter on our Website are suitable for the Minor;

            
            

         4. assume liabilities resulting from the Minor's use of our Website and their Member Account;

            
            

         5. ensure the accuracy and truthfulness of all information submitted by the Minor; and

         6. provide the consents contained in these Terms of Use on behalf of the Minor.

            
            

   4. Warranties

      
      

      By completing the registration process for a Member Account you warrant that:

      
      

      1. you have capacity to enter into these Terms of Use;

         
         

      2. you will only use our Website for lawful purposes;

         
         

      3. all of the information you submit to us during the registration process is true, correct and submitted in good faith;

         
         

      4. you meet all relevant eligibility requirements set out in this Terms of Use, or notified to you at the time of applying for registration;

         
         

      5. you will keep your Member Account password secure and confidential; and

         
         

      6. you will use our Website in good faith, in accordance with these Terms of Use.

         
         

   5. Security of your Member Account

      
      

      1. You are responsible for maintaining the confidentiality of your Member Account and password and for restricting access to your computer. You must notify us immediately if you become aware of any unauthorised use of your Member Account.

         
         

      2. We may from time to time introduce additional security features and measures that you will need to comply with in order to access or use our Website. You acknowledge and agree that you will need to comply with any such security features and measures in order to continue to access and use our Website following the introduction of such security measures by us.

         
         

3. Your use of our Website

   
   

   1. Your rights

      
      

      1. We grant you a personal, non-transferable (non-sub-licensable) and non-exclusive licence to access and use the features and functionality of our Website that we make available to you for personal (non-commercial) purposes only.

         
         

      2. The features available to you will depend on whether you hold a Member Account, and may include the ability to:

         
         

         1. register for an account on our Website;

            
            

         2. upload User Content; and

            
            

         3. access our Repository for general informational purposes.

            
            

      3. The features of our Website that you will have access to may change from time to time as a result of updates we make to the features and functionality of our Website.

         
         

   2. Prohibited Conduct

      1. You agree that our Website and its content must be used solely for the purposes and functions contemplated by these Terms of Use and you must refrain from using our Website for any other purpose (Prohibited Conduct).

         
         

      2. Prohibited Conduct includes:

         
         

         1. posting reviews or other User Content that could be considered prejudicial, racist, off-topic, inflammatory, repetitive, discriminatory, defamatory, vexatious, insensitive, offensive or otherwise inappropriate or unlawful;

            
            

         2. sharing Content that is not owned by you, or that contains personal information or confidential information of a third party, or that otherwise infringes the rights (including intellectual property rights) of a third party;

            
            

         3. using abusive, hateful, vulgar, harassing, obscene, profane, sexually oriented, threatening language;

            
            

         4. linking inappropriately to other web pages or sites, personal or otherwise;

            
            

         5. re-selling, sub-licencing or distributing access to our Website, including any of its content, to another person;

            
            

         6. tampering with or attempting to access user accounts of other users;

            
            

         7. attempting to gather and use information available from our Website to transmit any unsolicited advertising;

            
            

         8. using, allowing the use of, or otherwise providing user credentials in a manner that allows for any use of data mining, robots, web scraping, or similar data gathering and extraction tools or any downloading or copying of account information for the benefit of another party;

            
            

         9. using, allowing the use of, our Website or any of its content for commercial purposes; and

            
            

         10. impersonating any other person.

             
             

      3. You shall be strictly liable to us, and shall indemnify, defend and hold us harmless from and against any losses, claims or other damages it may incur as a result of Prohibited Conduct by you.

         
         

4. User Content

   
   

   1. Ownership of User Content

      
      

      All User Content that you input or upload via our Website remains owned by you.

      
      

   2. Our right to use your User Content

      
      

      1. You grant us a perpetual, irrevocable, transferable, non-exclusive, royalty-free licence (including the right to grant sublicenses) to use, modify, analyse, reproduce, host, store, transmit and display your User Content and Metadata for the purposes of:

         
         

         1. performing our obligations, or exercising our rights, under these Terms of Use and enabling your access to, and use of, our Website;

         2. de-identifying or aggregating your User Content (or both) including with any content of our Website or User Content of other users, and creating derivative works of them and owning all right title and interest in and to the aggregated material or derivate works;

            
            

         3. marketing products and services to you that we think you may be interested in; and

            
            

         4. allowing us to improve our Website and our associated services, and to develop new products and services.

            
            

      2. For the purpose of clause 4.2(a), "Metadata" means any system-generated data that is created or generated in connection with your use of our Website, including in the use, processing, storing or hosting of any information, material, data, dataset and any descriptive, structural and administrative metadata.

         
         

      3. Without limiting clause 4.2(a), you acknowledge and agree that:

         
         

         1. we are under no obligation to include your User Content on our Website and we may refuse to publish your User Content on our Website for any reason; and

            
            

         2. we may (but are not obligated to) make amendments to your User Content prior to publishing on our Website, such as amendments to remove identifying details (such as names of doctors or medical practices).

            
            

   3. Your responsibilities concerning User Content

      
      

      1. You must ensure that all User Content you provide to us:

         
         

         1. is true, accurate and complete;

            
            

         2. is not false or misleading;

            
            

         3. does not infringe upon any other person's rights (including Intellectual Property Rights); and

            
            

         4. does not identify any particular person, company, medical practice or other entity by name.

            
            

      2. By uploading User Content to our Website, you warrant that our use of your User Content as contemplated by clause 4.2, will not cause us to breach any applicable laws (including privacy laws) or infringe any third party rights (including Intellectual Property Rights).

         
         

      3. You agree to accept responsibility for all activities that occur under your Member Account, including all User Content uploaded to our Website using your username and password.

         
         

5. Disclaimer and specific warnings about our Website

   
   

   1. General disclaimer

      
      

      1. You are solely responsible for determining whether our Website is suitable for your purposes. Except as expressly stated in an agreement between you and us, our

         Website is provided on an "as is" and "as available" basis, without warranty of any kind, either express or implied.

         
         

      2. To the full extent permitted by applicable law, we expressly disclaim all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

         
         

   2. Healthcare disclaimer

      
      

      1. We are not a healthcare provider and cannot provide you with medical advice, diagnosis, or treatment. Information provided through our Website, including our Repository, is not a substitute for medical advice.

         
         

      2. We strongly recommend that you seek advice from a qualified healthcare professional if you have any questions or concerns about your health, medical conditions, diagnosis or treatment.

         
         

      3. You acknowledge that all content provided by us on our Website, including in our Repository:

         
         

         1. is general in nature;

            
            

         2. does not contain all available information;

            
            

         3. does not constitute medical advice, diagnosis, or treatment; and

            
            

         4. must not be relied upon as a substitute for medical advice, diagnosis, or treatment.

            
            

   3. Suitability and accuracy

      
      

      1. We do not warrant, guarantee or make any representation that any information supplied on our Website, including in our Repository:

         
         

         1. is complete, accurate, current, or meets any particular standard; or

            
            

         2. will be suitable for your purposes.

            
            

      2. You agree that you will not rely on any such information or its availability.

         
         

   4. Third party content and links

      
      

      1. Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained.

         
         

      2. We do not control or endorse these websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.

         
         

   5. Views and opinions

      
      

      Unless stated otherwise, all views and opinions which are published on our Website are those of the authors and do not necessarily represent the official policy or position of any other author, agency, organisation, employer, government, or company, including us.

   6. Viruses, bugs and interruptions

      
      

      1. We do not warrant, guarantee or make any representation that our Website will be secure or free from bugs or viruses or function without interruption or errors.

         
         

      2. You are responsible for configuring your information technology to access the Website. You should use your own virus protection software.

         
         

      3. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website, or by any third party content or third party website.

         
         

6. Limitation of liability and indemnity

   
   

   1. Limitation of liability

      
      

      1. Nothing in these Terms of Use excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).

         
         

      2. In no event will we be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with our Website, including our Repository.

         
         

      3. To the full extent permitted by applicable law, our liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by us, including the consumer guarantees set out in the Australian Consumer Law, is limited to (at our option):

         
         

         1. in the case of goods - repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or

            
            

         2. in the case of services - supplying the services again or paying the cost of having the services supplied again.

            
            

      4. To the full extent permitted by applicable law, our maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$10.

         
         

      5. You agree that any legal liability on our part in connection with these Terms of Use will be reduced by the extent, if any, to which you contributed to the loss.

         
         

   2. Indemnity

      
      

      1. You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:

         
         

         1. your acts or omissions, and the acts or omissions of any person you allow to access our Website using your Member Account (whether deliberately or otherwise); and

            
            

         2. your action, inaction, delay or breach of your obligations under this agreement or your breach of any warranties under this agreement.

      2. You indemnify us for any reasonable legal expenses we incur as a result of your breach of this agreement, on a solicitor and own client basis.

         
         

7. Changes to the Website

   
   

   1. We may make changes to (including adding and removing) the content, functionality, format, means of accessing, or operating system specifications for the Website from time to time. We may make these changes without prior notice to you.

      
      

   2. We may also cease to offer the Website, including the Repository, or any part thereof, at any time without prior notice to you.

   
   

8. Privacy

   
   

   1. We will collect, handle and disclose information about you in accordance with our Privacy Policy which is available at [URL].

      
      

   2. By providing us with your personal information, you agree for us to handle that information in accordance with our Privacy Policy.

   
   

9. Intellectual property rights

   
   

   1. Unless otherwise stated, we own or license from third parties all information and material published on our Website.

      
      

   2. You must not alter, or copy for use in other services, websites or publications, the information and material published on our Website without our written consent.

      
      

   3. We retain all interest in, and all rights and title to, all Intellectual Property Rights subsisting in our Website. You must not do anything that interferes with or infringes our intellectual property rights in our Website or any of its components.

      
      

   4. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit any content on our Website for any purposes other than as expressly permitted under these Terms of Use.

      
      

   5. You may download, display and print a copy of content available on our Website for your personal, non-commercial use, provided that you do not modify the material in any way and keep intact all copyright, trade mark, and other proprietary interests.

   
   

10. Term and termination

    
    

    1. This agreement is binding on you from the date that you first access our Website and continues until these Terms of Use are terminated.

       
       

    2. If we consider that you have breached these Terms of Use, we may immediately and without further notice suspend or terminate your access to and use of your Member Account, including deleting any data associated with your Member Account.

       
       

    3. If we terminate your Member Account, you must not request or register another Member Account (either directly, or via a third party) without our prior written permission.

    
    

11. General

    1. Enduring clauses

       
       

       The parties’ rights and obligations under clauses 3.2, 5, 6, 9, 12 and 13 will survive the termination of these Terms of Use for whatever reason.

       
       

    2. Jurisdiction

       
       

       The laws of Queensland, Australia apply to these Terms of Use and the parties irrevocably submit exclusively to the courts of that jurisdiction in respect of any proceedings arising out of or in connection with this document.

       
       

    3. Severability

       
       

       If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.

       
       

    4. Assignment

       
       

       We may assign or novate our rights and obligations under these Terms of Use at any time by notice on our Website. Upon assignment or novation, our rights and obligations are binding on and will benefit our respective representatives, successors and assigns.

       
       

12. Definitions

    
    

    In these Terms of Use:

    
    

    1. Australian Consumer Law has the meaning given in clause 6.1(a).

       
       

    2. Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to these Terms of Use or third party.

       
       

    3. Consequential Loss includes, without limitation:

       
       

       1. loss of data or unauthorised disclosure of data;

          
          

       2. loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and

          
          

       3. disappointment, distress, stress, and inconvenience.

          
          

    4. Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.

       
       

    5. Intellectual Property Rights includes all copyright, trade mark, design, patents and other proprietary rights, and any rights to registration of such rights existing anywhere in the world, whether created before or after the date of this agreement (as applicable), but excludes moral rights.

       
       

    6. Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.

    7. Member Account means a registered account with us.

       
       

    8. Metadata has the meaning given in clause 4.2(b).

       
       

    9. Minor has the meaning given in clause 2.3(b).

       
       

    10. Prohibited Conduct has the meaning given in clause 3.2(a).

        
        

    11. Repository has the meaning given in clause 1.2(a).

        
        

    12. Screen Name has the meaning given in clause 2.2(a)(ii).

        
        

    13. Terms of Use has the meaning given in clause 1.1(b).

        
        

    14. User Content has the meaning given in clause 1.2(b).

        
        

    15. Website has the meaning given in clause 1.1(a).

    
    

13. Interpretation

    
    

    The following rules of interpretation apply unless the context requires otherwise:

    
    

    1. a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;

       
       

    2. headings and italicised, highlighted or bold type are for convenience only and do not affect the interpretation of this agreement;

       
       

    3. a reference to these Terms of Use or another document includes any variation, novation, replacement or supplement to any of them from time to time;

       
       

    4. a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;

       
       

    5. specifying anything in these Terms of Use after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary; and

       
       

    6. nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

    
    

14. Contact us

If you have any questions regarding these Terms of Use, please contact us at office@mymisdiagnosis.com.

This document was last updated on 18 March 2022.