Terms and conditions

Welcome to this website, which is available at www.priimo.co or any other address as may be available from time to time (Website), which is owned, operated and managed by PRiiMO Pty Ltd ABN 54 631 333 821, an Australian corporation (PRiiMO or us or we or our).

Use of the Website is subject to these terms and conditions (as may be amended or updated from time to time) (Terms) and our Privacy Policy at www.priimo.co/privacy. The Terms and our Privacy Policy constitute the legal basis for any communication you may have with PRiiMO relating to Use of the Website. Please read the Terms and our Privacy Policy carefully before you Use the Website. By Using the Website and our Privacy Policy, you confirm that you read, understood, accept and agree to be bound by all of the Terms and our Privacy Policy. If you do
not agree to the Terms or our Privacy Policy, whether in whole or in part, you should not Use the Website.

1. Definitions
For the purpose of these Terms, the following terms have the following meaning:

Anonymised Data means any information, data or content which is collected, processed and/or otherwise generated by PRiiMO and which is anonymous, and/or does not personally identify you and/or reveal your specific identity as an individual, and/or cannot be attributed to you.

Candidate Data means Personal Data that you provide to PRiiMO relating to an application for a position with PRiiMO.

Content means any information of any kind (but excluding User Data) incorporated in the Website, including, but not limited to, texts, verbal and visual content, articles, publications, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, application, texts and any other information displayed or presented on the Website, whether owned by PRiiMO or by a third party that granted PRiiMO with a right to use it in the Website.

Data Protection Laws means the Privacy Act 1988 (C’th of Australia), the General Data Protection Regulation (EU) 2016/679 (as may be amended, replaced or superseded from time to time) (GDPR), the laws in the European Economic Area implementing or supplementing the GDPR in the relevant countries, and other data protection laws applicable to PRiiMO in relation to processing and other Use and handling of Personal Data.

Personal Data means any information, data or content which can personally identify you as an individual or otherwise can be attributed to you as an individual, or as otherwise defined in applicable Data Protection Laws (whether referred to as personal data, personal information, personally identifying information or similar term). Personal Data may include pseudonymised information, being information about a person which does not include direct personal identifiers but which could be used to identify you except that controls and safeguards are used to protect you from being identified. Anonymised Data is not Personal Data.
PRiiMO Clinician User Interface means a clinician’s web interface to access the PRiiMO Service.

PRiiMO Patient User Interface means the PRiiMO smartphone app or PRiiMO web interface for other internet access devices as available from time to time to access the PRiiMO Service.

PRiiMO Service means the service provided by PRiiMO of controlled and safeguarded analysis, sharing and exchange of information between an individual, an individual’s clinician and other health professionals that are involved in the individual’s health care (to the extent that those other health professionals use this service).

Use means any accessing, viewing, visiting or browsing the Website for any purpose.

User or you or your means any individual (including, without limitation, physicians) or entity that Uses the Website for any purposes, using a computer or any other device, including cellular device or by any other means of communications.

User Data means Candidate Data and Visitor Data, together.

Visitor Data means Personal Data you upload to the Website in order to contact us, for instance, if you are interested in our services or in receiving our newsletter (such as your name, e-mail address, your phone call, and any other information you decide to incorporate in the “Message” box in the “Contact Us” form on the Website).

2. Scope of License, Limitations of Use
The Website provides general information about the PRiiMO and the services we offer to our customers.

Use of the Website is at your own risk. Any advice received through the Use of the Website (to the extent received) may not be relied upon for making any decisions, including (without limitation) in professional, medical, legal, personal or financial matters. For this purpose you should consult with a suitable professional to receive advice that is suited to your particular circumstances and the facts of your case. You should independently verify all statements contained on this Website. PRiiMO expressly disclaims any and all responsibility or liability with respect to actions taken or not taken based on the Content of this Website orregarding the accuracy, completeness, correctness or reliability of the Content contained on this Website, or that the Content is error free. In no event will PRiiMO, its related companies, or their directors or employees, be liable to you or anyone else for any decision made or action taken in reliance on the information in the Website, or for any consequential, special or similar damages, even if advised of the possibility of such damages.

The Website includes a “Login” button, which leads to the PRiiMO Patient User Interface and the PRiiMO Clinician User Interface. Only clinicians and patients duly authorised by PRiiMO are permitted to login. Each person must be individually authorised, must only use their login for their own use, and must not share access credentials with any other person. By clicking the “Login” button, the authorised user will leave the Website, and be subject to our Privacy Policy (available at www.priimo.co/privacy), our terms and conditions for the PRiiMO Patient User Interface (available at www.priimo.co/patient-terms-of-use) or the PRiiMO Clinician User Interface (available at http://www.priimo.co/clinician-terms-of-use).

Conditional upon Your Use of the Website in accordance with the Terms and our Privacy Policy, we grant you a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to Use the Website, solely for lawful use by you to obtain information about the PRiiMO and the services we offer to our customers, or to “login” to the PRiiMO Patient User Interface or the PRiiMO Clinician User Interface. You must not Use the Website for any other purpose.

Without limiting this clause 2, you must not: (a) modify, alter, reproduce, copy, rent, lease, loan, sell, publicly display, perform, distribute or otherwise Use the Website for any public or commercial purposes; (b) create derivative work based (whether in whole or in part) on any Content that is available on or through the Website; (c) crawl, decompile, reserve engineer, disassemble or otherwise attempt to reveal or derive the source code of the Website (including without limitation to any algorithm); (d) send or upload any “spam” or otherwise duplicative or unsolicited messages in violation of applicable laws; (e) send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or violate of third party rights; (f) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Website or the Content; (h) attempt to gain unauthorized access to Website or its related
systems or networks; (i) create any link or deep linking or references to the Website from other sites; (j) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Website, or (k) perform any other action in the Website or any part of it in violation of the Terms or that would or might cause any damage to PRiiMO.

In addition to any other right of PRiiMO in accordance with applicable law or these Terms, any User acting in violation of the Terms may be denied access to the Website and any User Data uploaded by the User to the Website (if any) may be removed.

3. Ownership and Intellectual Property rights
The Website (including any Content) is protected by copyright, trade mark and other
intellectual-property laws and treaties. We (and our licensors) own any and all copyright and other intellectual property rights, title and interest in and to the Website (including any Content). The limited license as set out in clause 2 does not provide you with any title or ownership rights in or to the Website or any Content.

Meta tags or any other hidden text containing PRiiMO’s name or trademarks must not be used without PRiiMO’s prior written authorisation, and then only in accordance with the terms of any authorisation.

4. No Warranty and Disclaimers
Content available on the Website is of a general nature and is provided ‘as is’, for general knowledge, and for non-commercial use only, without any warranty, representation or undertaking (whether expressed or implied) of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, suitability for User’s intended purposes or non-infringement. The Website (including any Content) does not constitute and should be considered as an offer for, or an invitation by or on behalf of PRiiMO to provide any service, nor does it constitute any medical advice, recommendation or treatment on any subject matter, either directly or indirectly.

PRiiMO does not warrant that the Website will be available or uninterrupted or that is will work in full operating condition.
PRiiMO does not warrant that the Website (including Content and ability to communicate with us or to apply to a job offer in the Website), will be available at all times without interruptions or will be error-free. The Website may be shut down, in whole or in part, due to circumstances which are not under PRiiMO’s control, including, without limitations, internet failure, electronic communication delays, force majeure events, etc. User irrevocably waives any claim or demand, directly or indirectly connected to unavailability of the Website.

5. Limitation of Liability
Notwithstanding any other provisions of any law or agreement, but only to the extent
permitted by law and subject to this clause 5, in no event will PRiiMO (including our officers, directors, employees, agents and affiliates) be liable for any damage (including but not limited to direct, indirect or consequential damage, such as damage due to lost profits, lost data or business interruption, damage to goodwill, etc.) arising out of the Use or inability to Use the Website or the results of Use of the Website, Content contained on the Website (including, without limitations, reliance on such Content) or on any site linked to the Website, or resulting from exposure to computer viruses or other malware, whatever the grounds of claim or cause of damage, whether based on contract, tort or otherwise. The sole and exclusive relief available to you in any such event(s) is to leave the Website.

If you are a consumer in Australia or New Zealand, consumer law implies guarantees or terms into this agreement that cannot be lawfully excluded and which provide you with important remedies notwithstanding other terms of this agreement. Such guarantees and other terms are included in this agreement to the extent required by that law and PRiiMO’s liability in respect of breach of that guarantee or other term will be limited to the full extent (if any) permitted under that law. To the extent that the Website service is not of a kind ordinarily acquired for personal, domestic or household use or consumption, PRiiMO’s liability for a failure to comply with any statutory guarantee or other term is limited to repairing or replacing the relevant app, resupplying the relevant service or equivalent services, or paying you the cost of doing so.

6. Links
The Website may, as a convenience to you, include or suggest links or references to third party websites. If you use these links/references, you will leave the Site. PRiiMO does not guarantee that such references or links will lead to active sites, it does not review or control such third party sites and it is not responsible for them or their content. Accordingly, PRiiMO does not make any representation or warranty regarding these sites or regarding any information, software, products or materials contained on them or any result that could arise from using them. You are solely responsible for any decision to access a third party site that is linked to the Website. When using links, you must read and comply with the terms of use and all other conditions and instructions on the linked site. PRiiMO reserves the right to
remove or block links to third party sites through technological or other means, without prior written notice.

7. Trademarks
The names of companies or customers mentioned on the Website are trademarks or
commercial logos of their respective owners. The Use of the Website does not confer on you rights in trademarks of PRiiMO or any third parties mentioned in the Website.

8. General
When you Use the Website, you may provide PRiiMO or PRiiMO may otherwise collect, generate or process, directly or indirectly, User Data and Anonymous Data about your Use of the Website. Such collection and process of Information is governed by our Privacy Policy at www.priimo.co/privacy. Make sure you carefully read our Privacy Policy before submitting or otherwise uploading any User Data to the Website.

The Website is designed for the use of adults (18 years or older) and is not intended for minors. If you are a minor (below the age of 18), your Use of the Website will be taken to be evidence that you received permission from your parents or appointed legal guardian to do so.

If any of the terms in these Terms is determined to be illegal, invalid or otherwise
enforceable by reason of law, then to the extent and within the jurisdiction in which the term is illegal, invalid or unenforceable, it will be severed and deleted from the Terms, and the remaining terms will survive, remain in full force and effect, and continue to be binding and enforceable.

You will defend, indemnify and hold PRiiMO (including our officers, directors, employees, shareholders, agents and affiliates) from and against all claims, losses, costs, damages, liabilities and expenses (including without limitations, reasonable attorney’s fees) incurred by PRiiMO due to your breach of these Terms.

Unless restricted by applicable law, these Terms will be governed by and construed in accordance with the laws of State of New South Wales, Australia, excluding its choice of law principles. Ant disputes arising in connection with these Terms will be subject to the exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales, Australia.

These Terms form the entire agreement between PRiiMO and you regarding your Use of the Website. PRiiMO reserves the right to alter or amend these Terms from time to time without advance notice by posting revised Terms. You can see when these Terms were last updated by checking the effective date at the bottom of these Terms. Further, PRiiMO reserves the rights to change the graphics of the Website, add or remove any Content, and also temporarily suspend or permanently stop the activity of the Website at any time, without advance notice.

If you have any question regarding these Terms, please contact us at [email protected].