Welcome to the Pro Medicus Web Site ("the Pro Medicus Web Site") operated by Pro Medicus Limited (ABN 25 006 194 752) ("Pro Medicus").

1. Agreement Between User and Pro Medicus

Your access to and use of the Pro Medicus Web Site is subject to these Terms of Use ("Terms of Use"). By accessing and using the Pro Medicus Web Site, you acknowledge that you have read, understood and accept these Terms of Use.

2. Your Obligations - What You Must Not Do

You must not use the Pro Medicus Web Site:

(a) for any purpose or activity that is unlawful or infringes a third party's rights, or is contrary to any relevant standards or codes, or is prohibited by these Terms of Use;

(b) in any manner which damages, disables, overburdens or impairs or to gain unauthorised access to any part of the Pro Medicus Web Site or any Pro Medicus service, or any other computer systems or networks connected to the Pro Medicus Web Site through hacking or by knowingly transmitting any virus or by any other means or to tamper with, hinder the operation of or make any unauthorised modifications to the Pro Medicus Web Site;

(c) in any manner which defames, harasses, threatens, menaces or offends any person or interferes with any other person's use and enjoyment of the Pro Medicus Web Site;

(d) with another person's name, username or password without permission, or to make any other fraudulent enquiries or registrations using the Pro Medicus Web Site; or

(e) attempt any of the above acts or permit any other person to do any of the above acts.

3. User Account and Password

3.1. If a particular Pro Medicus service offered by the Pro Medicus Web Site (eg, Promedicus.net Secure Email System) requires you to register to use that service, you must complete the registration process by providing Pro Medicus with current, complete and accurate information as prompted by the applicable registration form. The registration form may prompt you to choose a password and a username.

3.2. You are entirely responsible for maintaining the confidentiality of your password and username and for any and all activities that occur under your account. You will notify Pro Medicus immediately you become aware of any unauthorised use of your username or password or any breach of security. Pro Medicus will not be liable for any loss that you may incur as a result of another person using your password or username, either with or without your knowledge.

4. Privacy and Protection of Personal Information

4.1. These Terms of Use include the Pro Medicus Privacy Statement relating to the collection and use by Pro Medicus of personal information (see privacy statement).

4.2. You agree that Pro Medicus may use, reproduce, publish, modify, adapt and transmit to others free of charge and without restriction any information that you send or provide to Pro Medicus via the Pro Medicus Web Site but subject to Pro Medicus' obligations in its Privacy Statement.

5. Security

Pro Medicus strives to protect by adopting appropriate encryption technology information that is transmitted by you to Pro Medicus or by Pro Medicus to you via the Pro Medicus Web Site or a Pro Medicus service. However, notwithstanding the use of that encryption technology, Pro Medicus cannot guarantee that all data transmission over the Internet is totally secure and Pro Medicus does not warrant the security of any information that you transmit to Pro Medicus. Accordingly, any information that you transmit to Pro Medicus is transmitted at your own risk.

6. Link To Third Party Sites

The Pro Medicus Web Site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of Pro Medicus and Pro Medicus is not responsible for the contents of any Linked Site nor is Pro Medicus responsible if the Linked Site is not working appropriately. Pro Medicus provides a link to a Linked Site only as a convenience to you, and the inclusion of any Linked Site does not imply endorsement by Pro Medicus of the Linked Site or any association with the operators of the Linked Site, unless and to the extent stipulated to the contrary.

7. Third Party Content

7.1. The Pro Medicus Web Site may contain information on products, services or information of third parties. The third party product, services, and information are not provided or endorsed by Pro Medicus. Any dealings with third parties are solely between you and the third party. Pro Medicus will not be responsible or liable for any part of any such dealings.

7.2. You acknowledge and agree that Pro Medicus may receive fees and/or commissions from third parties for goods and/or services of such third parties displayed or made available on the Pro Medicus Web Site or accessible through a hyperlink on the Pro Medicus Web Site.

8. Copyright

8.1. The Pro Medicus Web Site (including text, graphics, logos, icons, sound recordings, software and the design, selection and layout of the Pro Medicus Web Site) are owned or licensed by Pro Medicus and protected by copyright under the laws of Australia and other countries.

8.2. You may view the Pro Medicus Web Site using your web browser and save an electronic copy of the Pro Medicus Web Site solely as a means of visiting the Pro Medicus Web Site again in the usual operation of your web browser.

8.3. You must not otherwise reproduce, transmit (including broadcast), adapt, distribute, sell, modify or publish or otherwise use any of the Pro Medicus Web Site, except as permitted by statute or with Pro Medicus' prior written consent.

9. Trade Marks

9.1. The Pro Medicus Web Site includes registered trade marks and trade marks which are the subject pending applications or which are otherwise protected by law including, but not limited to Pro Medicus, the Pro Medicus logo, Promedicus.net, the Promedicus.net logo and e-Reports.

9.2. You must not use any of these trade marks as your own trade marks or in connection with activities, products or services which are not provided by Pro Medicus or in a manner which may be misleading, confusing or deceptive or which may disparage Pro Medicus or its products or services.

10. Disclaimer and Limitation of Liability

10.1. Neither Pro Medicus nor any of the officers, employees, agents or related bodies corporate of Pro Medicus will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or arising from claims made against you in connection with your use of the Pro Medicus Web Site or any products, services or information contained on or accessed through the Pro Medicus Web Site.

10.2. To the extent permitted by law, any condition, warranty or representation that is not expressly stated in these Terms of Use are excluded.

10.3. If a condition or warranty is implied by law into these Terms of Use and the law prohibits Pro Medicus from excluding or modifying the application of, or its liability under, that condition or warranty, then that condition or warranty will be deemed to be included in these Terms of Use. However, Pro Medicus' liability for breach of that condition or warranty will be limited, at Pro Medicus' option, to one or more of the following:

(a) in relation to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; or

(b) in relation to services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

10.4. Without limitation to the above, you acknowledge and agree that Pro Medicus does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Pro Medicus Web Site or any Linked Site.

10.5. Whilst Pro Medicus has no reason to believe that any information contained on the Pro Medicus Web Site is inaccurate, Pro Medicus does not warrant the accuracy, adequacy or completeness of such information, and Pro Medicus does not undertake to keep the Pro Medicus Web Site updated.

11. Indemnity

You indemnify Pro Medicus and the officers, employees, agents and related bodies corporate of Pro Medicus from and against all actions, claims, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of the Pro Medicus Web Site by you or someone using your username and password including any action by a third party against any of the abovementioned indemnified persons.

12. Termination

If in Pro Medicus' reasonable opinion you breach any of these Terms of Use, Pro Medicus may suspend, terminate or limit your access to the Pro Medicus Web Site or any Pro Medicus service effective immediately.

13. Changes to These Terms of Use

Pro Medicus may amend these Terms of Use from time to time. Amendments will be effective immediately upon incorporation into these Terms of Use on the Pro Medicus Web Site. Your continued use of the Pro Medicus Web Site following such amendment will represent your agreement to be bound by these Terms of Use as amended.

14. General

14.1. This Agreement is governed by law in force in the State of Victoria, Australia. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning this Agreement.

14.2. If any of these Terms of Use are invalid or unenforceable or illegal for any reason, they will be struck out and the remaining Terms will continue in full force.

14.3. If Pro Medicus does not act in relation to a breach by you of these Terms of Use on any one occasion, this does not wave Pro Medicus' right to act with respect to any subsequent or similar breach.