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Terms and Conditions ("Terms and Conditions")

These terms and conditions form the agreement between Intelerad Medical Systems Incorporated - IntelePACS ("Intelerad"), Healthcare Imaging Services Pty Ltd (Lumus Imaging) and the users of the Patient Portal (you or your) in relation to your use of the Patient Portal. Intelerad and Lumus Imaging are collectively referred to as "we".By using this Patient Portal you agree to be legally bound by the Terms and Conditions contained herein. If you do not agree with these Terms and Conditions, then you will have no access to the Patient Portal.

Changes to Terms and Conditions
Intelerad and Lumus Imaging reserve the right to modify these Terms and Conditions from time to time without notice. You agree to be bound by the Terms and Conditions in effect at the time at which you access the Patient Portal. Lumus Imaging will notify you of changes to these terms of use by posting them on the Patient Portal. Your continued access or use of the Patient Portal shall be deemed your conclusive acceptance of such modified Terms and Conditions. If you do not agree with any of the modifications, do not use this Patient Portal.
Grant of Right to Use.
Subject to the provisions of these Terms and Conditions, Intelerad grants you, through Intelerad's client, Lumus Imaging, the right to access the patient portal and related documentation (if any) (collectively, the "Patient Portal") in accordance with these Terms and Conditions.
Security.
You acknowledge and agree that no website or data transmission using the internet can be totally secure and your use of the Patient Portal is at your own risk.
Use of Patient Portal.
No physical or virtual use of or access to the Patient Portal outside of Australia is permitted. Except as permitted under these Terms and Conditions, you may not copy the Patient Portal or any portion thereof or modify, translate, reverse-engineer, disassemble, or decompile the Patient Portal or any portion thereof. You agree to use the Patient Portal in accordance with applicable laws.You must not disclose your username or password to any other person. You must notify Lumus Imaging immediately if you become aware, or reasonably suspect, that a username or password has been lost or stolen.
Ownership.
The Patient Portal is a proprietary product of Intelerad, and is protected under copyright law and international treaty provisions. Between the parties, all intellectual property rights in and to the Patient Portal are retained by Intelerad.
Term and Termination.
These Terms and Conditions are effective upon access by you of the Patient Portal and shall continue until terminated. No notice shall be required from Intelerad or Lumus Imaging to effect such termination.some text
1. revoke your licence to use the Patient Portal and terminate your access at any time in our absolute discretion;
2. terminate these Terms and Conditions immediately and without prior notice if you breach any term of these Terms and Conditions;
3. decommission the Patient Portal; and/or
4. remove information from the Patient Portal;
5. At the time of termination of these Terms and Conditions, your access to the Patient Portal will be terminated.

Intelerad or Lumus Imaging may:

RESTRICTIONS AND WARNINGS.
You understand and acknowledge the following:Patient PortalImages viewed in the nuage® Patient Portal are not DICOM quality. Such images are intended for review only and are not appropriate for diagnostic purposes.ANY IMAGES AND REPORTS RETRIEVED FROM THE PATIENT PORTAL ARE INTENDED FOR REVIEW ONLY AND ARE NOT APPROPRIATE FOR DIAGNOSTIC PURPOSES.
No Warranty.
THIS PATIENT PORTAL AND IMAGES AND REPORTS STORED ON AND/OR GENERATED BY THE PATIENT PORTAL ARE PROVIDED BY INTELERAD AND LUMUS IMAGING “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTELERAD, LUMUS IMAGING OR LUMUS IMAGING'S AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS PATIENT PORTAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NO LIABILITY.
WITHOUT LIMITING THE FOREGOING PROVISIONS AND TO THE EXTENT PERMITTED BY LAW, INTELERAD, LUMUS IMAGING AND LUMUS IMAGING’S AFFILIATES SHALL NOT IN ANY EVENT BE LIABLE FOR, AND YOU HEREBY RELEASE US FROM ALL CLAIMS ARISING OUT OF OR IN RELATION TO:(A) USE OF THE PORTAL, INCLUDING ALL CLAIMS RELATING TO UNAUTHORISED ACCESS TO INFORMATION UPLOADED TO, STORED ON, OR DOWNLOADED FROM THE PORTAL;(B) ANY LOSS OF USE OF ANY COMPUTER OR LOSS OR CORRUPTION OF DATA OR THE COSTS OF SYSTEM OR DATA RECOVERY;(C) YOUR USE OF THIRD PARTY SOFTWARE ACCESSED THROUGH THE PATIENT PORTAL OR LINKS TO EXTERNAL WEBSITES THROUGH THE PORTAL;(D) ANY THIRD-PARTY CLAIMS;(E) ANY USE OF OR RELIANCE ON ANY INFORMATION (INCLUDING IMAGES AND REPORTS) AVAILABLE ON THE PORTAL OR RETRIEVED FROM THE PATIENT PORTAL; OR(F) ACCESS TO THE PORTAL BEING UNAVAILABLE OR UNINTERRUPTED FROM TIME TO TIME (INCLUDING FOR EXTENDED PERIODS) OR TERMINATED.
Limitations.
The limitations contained in paragraphs 6 and 7 above apply regardless of the form of action and whether the liability is based on contract, negligence, tort, strict liability or otherwise, even if Intelerad or Lumus Imaging has been advised of the possibility of such liability and even if a fundamental breach or breach of a fundamental term has occurred.
Indemnity.
You shall indemnify and hold Intelerad, Lumus Imaging and their employees, contractors, suppliers, agents, officers, directors and representatives harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including legal fees and expenses) arising out of your use of the Patient Portal.
Privacy policy.
By accessing the Patient Portal, you agree to Lumus Imaging's Privacy Policy which can be found at http://www.lumusimaging.com.au/privacy-policy/.
Governing Law.
These Terms and Conditions shall be governed by the laws of New South Wales and the Commonwealth of Australia. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision of these Terms and Conditions shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.

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