Contact Primrose Today: 0485931066
PRIVACY POLICY
1 INTRODUCTION
1.1 Primrose Clinic Pty Ltd ACN 693 537 692 (Primrose) is a services provider to independent healthcare practitioners. We deliver management and administrative support services to the independent practitioners in order to assist them in delivering healthcare services to their patients.
2 PURPOSE
2.1 This Privacy Policy is to provide information to you on how your personal information (which includes your sensitive information, including your health information) is collected and used by Primrose, and the circumstances in which we may share it with third parties.
3 WHY AND HOW YOUR CONSENT IS NECESSARY
3.1 When you register as a patient of a practitioner who utilises our management and administrative support services, you provide consent for us (including our employees, agents, contractors and other representatives) to access and use your personal information so the independent practitioners consulting from our practice can provide you with the best possible healthcare. Only persons who need to see your personal information will have access to it. If we need to use your information for any other purposes, we will seek additional consent from you to do so.
4 WHY DO WE COLLECT, USE, HOLD AND SHARE YOUR PERSONAL INFORMATION
4.1 Primrose will need to collect your personal information to facilitate the provision of healthcare services to you by the independent practitioners consulting from our practice. Our main purpose for collecting, using, holding and sharing your personal information is to facilitate the management of your health by those independent practitioners. We also use it for directly related business activities, such as financial claims and payments, practice audits and accreditation, and business processes (e.g. staff training).
5 WHAT PERSONAL INFORMATION DO WE COLLECT
5.1 The information we will collect about you includes your:
(a) names, date of birth, addresses, contact details including emergency contact and next of kin;
(b) demographic information, including gender, cultural background, and religious beliefs;
(c) medical information including medical history, psychiatric history (including and not limited to previous hospital admissions, suicide attempts, suicidal ideation), medications, allergies, adverse events, immunisations, social history, family history and risk factors;
(d) Medicare number (where available) for identification and claiming purposes;
(e) healthcare identifiers;
(f) payment and / or financial information;
(g) concession card details; and
(h) health fund details.
6 DEALING WITH US ANONYMOUSLY
6.1 You have the right to deal with us anonymously or under a pseudonym unless it is impracticable for us to do so or unless we are required or authorised by law to only deal with identified individuals.
6.2 Please be aware that Medicare rebates are only available where a Medicare card (and / or associated information) is available. As such your practitioner may require you to pay for your consults in full without this rebate if you choose to deal with us anonymously or under a pseudonym.
7 HOW DO WE COLLECT YOUR PERSONAL INFORMATION
7.1 Primrose may collect your personal information in several different ways:
(a) You may provide us with your personal information directly (for example, when you make an appointment with a practitioner consulting from our practice, our practice staff will collect your personal and demographic information via your registration);
(b) The independent practitioners providing medical services may also collect further personal information from you which may be disclosed to us. Information can also be collected through My Health Record, e.g. via Shared Health Summary, Event Summary or through a Discharge Summary provided by a hospital or other healthcare service providers;
(c) We may also collect your personal information when you contact us via our website, send us an email or SMS, telephone us, make an online appointment or communicate with us using social media; and
(d) In some circumstances personal information may also be collected from other sources. Often this is because it is not practical or reasonable to collect it from you directly. This may include information from:
i your guardian or responsible person;
ii other involved healthcare providers, such as specialists, allied health professionals, hospitals, community health services and pathology and diagnostic imaging services; and / or
iii your health fund, Medicare, or the Department of Veterans’ Affairs (as necessary).
7.2 If your practitioner deems it in your best interest to discuss your clinical information with you, we will arrange for this to occur either in person, via telephone or via videoconference.
8 WHEN, WHY AND WITH WHOM DO WE USE AND SHARE YOUR PERSONAL INFORMATION
8.1 We collect, use and disclose your personal information to facilitate the provision of medical services to patients of the independent practitioners.
8.2 We may also share your personal information:
(a) with other healthcare providers;
(b) when it is required or authorised by law (e.g. court subpoenas, or where we are obliged to make a mandatory notification to a regulatory body);
(c) when it is necessary to lessen or prevent a serious threat to a patient’s life, health or safety or public health or safety, or where it is otherwise impractical to obtain your consent;
(d) to assist in locating a missing person;
(e) to establish, exercise or defend a claim;
(f) for the purposes of confidential dispute resolution processes;
(g) during the course of providing nursing support services;
(h) for the purposes of uploading that information to your My Health Record, such as through the shared health summary or event summary; and / or
(i) with third parties who work with our practice for business purposes, such as accreditation agencies or information technology providers – these third parties are required to comply with the Australian Privacy Principles (APPs) and this policy.
8.3 Only people who need to access your information will be able to do so. Other than in the course of facilitating the provision of medical services or as otherwise described in this policy, Primrose will not share personal information with any third party without your consent. 8.4 Our website is hosted by Squarespace, a third party provider that stores data overseas. Squarespace collects personal data when you visit our website. Squarespace requires the data to run this website, and to protect and improve its platform and services. Squarespace analyses the data in a de-personalised form. Information collected includes:
(a) information about your browser, network and device;
(b) web pages you visited prior to coming to this website;
(c) web pages you view while on this website; and
(d) your IP address.
8.5 This is a link to Go Daddy’s Privacy Policy: https://www.godaddy.com/en-au/legal/agreements/au-supplemental-privacy-notice. As confirmed by Go Daddy’s Privacy Policy, they comply with local privacy laws and regulations for the protection of personal information in the overseas servers in which that data is stored. Go Daddy is therefore subject to foreign laws that could compel the disclosure of personal information to a third party, such as an overseas authority, and you may not have any redress in that overseas jurisdiction for breach of your privacy. When using our website, you consent to the sharing of your data with Go Daddy and understand that, to the fullest extent permitted by the law, we do not take responsibility under the Australian Privacy Act 1988 (Cth) over the privacy practices of Go Daddy.
8.6 We may disclose your personal information to overseas contractors, including virtual assistants, who assist us in the administration of our practice and the provision of medical services. Before doing so, we will take reasonable steps to ensure that any such overseas recipient does not act in a manner inconsistent with the Australian Privacy Principles and that they use your personal information only for the purposes described in clauses 8.1 and 8.2 of this policy.
8.7 Primrose will not use your personal information for marketing any of our goods or services directly to you without your express consent. If you do consent, you may opt out of direct marketing at any time by notifying our practice in writing.
9 YOUR PRACTITIONER’S USE OF ARTIFICIAL INTELLIGENCE
9.1 Your practitioner may use artificial intelligence, to record and summarise your consultation and store the transcript of the appointment in your medical record. These notes will be reviewed by your practitioner to ensure they accurately reflect your appointment before they are relied upon to provide medical or health advice.
9.2 We cannot, and do not, determine or instruct the independent practitioners about how they deliver their medical or health services to you, including which artificial intelligence program they utilise for their patient consults. Primrose therefore cannot make any warranties or guarantees on how the specific artificial intelligence program will collect, store or use data. Please direct any queries or concerns you have in relation to the artificial intelligence program directly to your practitioner. They will also be able to provide you with access to the relevant terms and conditions and privacy policy for the specific artificial intelligence program they use. We will not be liable under any circumstances for any damages of any kind recognised by law due to the artificial intelligence program and liability is limited to the extent of our negligence or misconduct. We will participate in updating you on your practitioner’s behalf if need be of any communications received from your practitioner in relation to the artificial intelligence program. Any complaints should be sent directly to the owner of the artificial intelligence program.
10 HOW DO WE STORE AND PROTECT YOUR INFORMATION
10.1 Your personal information may be stored in various forms.
10.2 Primrose stores information as electronic records (including via cloud-based services).
10.3 Primrose stores all personal information securely via the use of passwords, encrypted back-ups and confidentiality arrangements with staff and third party suppliers.
10.4 All records will be retained until the later of seven (7) years from your last contact with Primrose, or until you reach the age of twenty-five (25).
10.5 We take steps to destroy or de-identify information that we no longer require.
10.6 Our server security policy is designed to protect the servers from unauthorised access, data breaches, and other security threats. Primrose uses the following security measures to ensure the personal information which it holds is secured:
(a) Antivirus software is installed on all servers and updated regularly.
(b) Firewalls are configured to block unauthorised traffic.
(c) Data is stored securely in Australian data centres.
(d) Access to servers is restricted to authorised users.
11 HOW CAN YOU ACCESS AND CORRECT YOUR PERSONAL INFORMATION AT OUR PRACTICE
11.1 You have the right to request access to, and correction of, your personal information.
11.2 Primrose acknowledges patients may request access to their medical records. You can lodge this request either via email ({INSERT EMAIL ADDRESS}) or telephone. Primrose will acknowledge your request within three (3) business days. We can post the requested information to your postal address, or we can email the information to you if you request it. If we are required to process a request for your records, we may charge for our reasonable costs incurred in complying with your request.
11.3 Primrose will take reasonable steps to correct your personal information where the information is not accurate or up to date. From time to time, we will ask you to verify that your personal information held by our practice is correct and current. You may also request that we correct or update your information, and you should make such requests in writing to {INSERT EMAIL ADDRESS}. There is no fee charged for making corrections to your personal information.
12 HOW CAN YOU LODGE A PRIVACY-RELATED COMPLAINT, AND HOW WILL THE COMPLAINT BE HANDLED AT OUR PRACTICE
12.1 We take complaints and concerns regarding privacy seriously. You should express any privacy concerns (including any breach of the APPs or any registered binding APP code) you may have in writing.
12.2 Complaints should be addressed to:
(a) Name and Position: practise manager
(b) Email: primroseclinic.com.au
12.3 We will respond with acknowledgement of your complaint within three (3) business days and provide a response within thirty (30) business days.
12.4 You may also contact the Office of the Australian Information Commissioner (OAIC). Generally, the OAIC will require you to give them time to respond before they will investigate. For further information, visit www.oaic.gov.au or call the OAIC on 1300 363 992.
13 PRIVACY AND OUR WEBSITE
13.1 If you “like” or comment on our social media pages, we will have your social media name.
13.2 Our website uses cookies. A “cookie” is a small file stored on your computer's browser, which assists in managing customised settings of the website and delivering content. We collect certain information such as your device type, browser type, IP address and pages you have accessed on our website and on third-party websites. You are not identifiable from such information. You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our website.
13.3 Our website may contain links to third-party websites. We are not responsible for the content or privacy practices of websites that are linked from our website.
14 PRIVACY STATEMENT REVIEW
14.1 This privacy policy will be reviewed annually to ensure it is in accordance with any changes that may occur.
14.2 Last reviewed: December 2025
TERMS OF USE
1 INTRODUCTION
1.1 This website (referred to in these user terms as the Website) is owned and operated by Primrose Clinic Pty Ltd ACN 693 537 692 who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms. “You”, “your” and other similar grammatical forms refers to any person who may use the Website or the Application from time to time.
1.2 The material on the Website is copyright © 2025 Primrose Clinic Pty Ltd ACN 693 537 692.
1.3 Primrose Clinic Pty Ltd ACN 693 537 692 is engaged by independent practitioners to provide management and administrative support services to them so that they can operate their independent practices.
1.4 Users may use the Website in accordance with these Terms of Use.
1.5 For the purposes of these Terms of Use, the following meanings apply:
(a) ‘Users’ means any person or entity who uses the Website.
(b) ‘Content’ means the content which is available on the Website.
1.6 The Website is available for Users to:
(a) Access and use, conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access and/or use the Website, you are agreeing to these Terms of Use; and
(b) Upload material or information conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide upload material or information to the Website you are agreeing to these Terms of Use.
1.7 When you accept these Terms of Use on behalf of an employer, end user, or institution, you represent and warrant that you are authorised to do so by such entity by which you are employed or retained and for whose benefit you are using the Website. References herein to “you” and “your” shall mean “you and/or your employer, end user and your institution.”
1.8 In the interpretation of these Terms of Use, the following provisions apply unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) a reference to any legislation includes any statutory modification or re-enactment of, and any subordinate legislation issued under, that legislation or legislative provision;
(c) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
(d) a reference to any gender includes all genders;
(e) a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to these Terms of Use;
(f) a reference to any party to these Terms of Use or any other document or arrangement includes that party’s executors, administrators, substitutes, successors, and permitted assigns;
(g) a reference to ‘dollars’ or ‘$’ means the lawful currency of Australia;
(h) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(i) headings are for ease of reference only and do not affect interpretation;
(j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms of Use, or any part of it; and
(k) unless expressly stated to be otherwise, the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar inclusive expressions.
2 USE OF THE WEBSITE
2.1 You may not use the Website (or the material contained on it) for any illegal purpose. This includes:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading or reposting the material to any other site on the internet; and
(e) “framing” the material on the Website with other material on any other website.
2.2 The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.
2.3 Despite the above restrictions on use of the material on the Website, and subject to your continued compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicenceable, revocable right to access and use the Website solely in accordance with the terms set out in these Terms of Use.
2.4 You may download material from the Website for your use provided you do not remove any copyright and trade mark notices contained on the material.
2.5 You may not modify or copy:
(a) the layout of the Website; or
(b) any computer software and code contained in the Website.
2.6 You may only use the Website in accordance with these Terms of Use, any directions given by us (acting reasonably), and with all local and foreign laws and regulations applicable to you, and for lawful purposes.
2.7 You must not, nor cause or permit any other person to:
(a) use the Website in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s rights (including intellectual property rights or privacy rights), violates these Terms of Use, or which restricts or interferes with the provision of the Website by us to any other user;
(b) alter, modify, adapt or copy the whole or any part of the Website;
(c) reproduce, duplicate, sell, exploit, decompile, dissemble, reverse engineer, enhance, alter or otherwise interfere with the whole or any part of the Website;
(d) remove or obscure any copyright, trademark or other proprietary notice on the Website;
(e) enter into any transaction relating to access or use of the Website with a party other than us, without our prior written consent;
(f) use any part of the Website to aid any person or entity that conducts business which is the same or substantially similar to our business (being the business of providing billing and administrative services to independent practitioners);
(g) attempt to disable or circumvent any security or other technological measure designed to protect the Website or users;
(h) attempt to gain unauthorised access to the Website, computer systems or networks connected to the Website, through hacking, password mining or any other means; or
(i) use the Website for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature or use any mechanism, device, software or script to affect the proper functioning of the Website.
2.8 At all times you must:
(a) be honest and faithful in all your dealings;
(b) not engage in any unsound, unethical or improper business;
(c) provide full and correct information to us, and provide truthful explanations to us, in all matters relating to these Terms of Use;
(d) ensure at all times that your conduct does not bring any discredit on us or cause any nuisance or disruption to us or our employers;
(e) immediately notify us if you become aware of any malfunction of the service or any breach of these Terms of Use.
3 LINKS TO OTHER WEBSITES
3.1 The Website contains links to sites on the internet owned and operated by third parties which are not under our control.
3.2 In relation to the other sites on the internet, which are linked on the Website, we:
(a) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(b) are not responsible for the material contained on those linked sites and do not accept any liability howsoever arising from your use of those linked sites. 4 THIRD PARTY PROVIDERS
Website Hosting
4.1 Our website is hosted by Squarespace (“Third Party Website Host”). You acknowledge and agree that your visit and use of this Website will result in certain personal data being collected and stored by the Third Party Website Host. Please refer to our Privacy Policy for more information: [add link here to the Primrose Privacy Policy when finalised]
Telehealth Services Providers
4.2 You acknowledge and agree that participation in telehealth consultations with independent practitioners will be reliant on certain third party telehealth support software providers (“Telehealth Infrastructure Providers”), including for access to telehealth services. You agree to comply with the terms and conditions applicable to the relevant Telehealth Infrastructure Providers (“Telehealth Third Party Terms”) at all times.
Your Consent
4.3 You acknowledge and agree that your use of this Website is subject to the collection and use of data collected by the Third Party Website Host.
4.4 You also acknowledge and agree that if you do not agree to any Telehealth Third Party Terms, this may affect the ability of the independent practitioners to provide the services.
4.5 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by, arising from or connected with the conduct of the Third Party Website Host in connection with your personal data and any Telehealth Third Party Terms.
4.6 This clause 4 will survive the termination or expiry of these Terms of Use.
5 DISCLAIMERS AND LIMITATIONS OF LIABILITY
5.1 Any information we make available to you is provided by third parties and does not originate from us. We do not independently verify the information provided by third parties, including information provided by any other user, and pass on information to you with no representation or warranty regarding the accuracy, truthfulness, usefulness, reliability or integrity of any information that has not expressly originated from us.
5.2 With respect to the information contained on the Website or linked sites on the internet, we:
(a) are making the Website available without assuming a duty of care to users; and
(b) are not in the business of providing professional advice,
and therefore, to the fullest extent permitted by law, we disclaim any and all warranties, guarantees or representations (either express or implied) contained on the Website or linked sites on the internet about:
(c) the accuracy, reliability, completeness, usefulness, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
(d) the merchantability or fitness for any particular purpose for any service or product of any information contained or referred to on the Website or on any linked sites.
5.3 We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
5.4 We do not warrant, guarantee or make any representation that:
(a) the Website, or the server that makes the Website available on the internet are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected,
and you must take your own precautions to ensure that the process which you use for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
5.5 We are not liable to you for:
(a) errors or omissions in the Website, or linked sites on the internet;
(b) delays to, interruptions of or cessation of the services provided in the Website or linked sites;
(c) any interference or damage to your own computer system which arises in connection with your use of the Website, or linked sites; and
(d) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
5.6 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
5.7 Where the Content provided by others contains opinions or judgments of third parties, we do not purport to endorse those opinions or judgments, nor the accuracy or reliability of them.
5.8 Whilst we will undertake reasonable efforts to protect the information which we transmit and receive in accordance with our Privacy Policy, we do not warrant the security of any information which you transmit to us, and you are responsible for ensuring you have retained appropriate backups of any information which you may provide to us.
5.9 Our sole liability for breach of any terms, conditions and warranties in jurisdictions where such terms, conditions and warranties are implied and required by law, where the breach relates to the supply of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and where it is fair and reasonable to do so, is limited at our option to one or more of the following:
(a) the supplying of the Website again; or
(b) the payment of the cost of having the Website supplied again.
5.10 To the fullest extent permitted by law and except as otherwise expressly stated in these Terms of Use, our liability to you for any reason (including any breach of, or omission under, these Terms of Use) is limited in aggregate to the amount of the fees (if any) paid by you in relation to our engagement.
5.11 To the fullest extent permitted by law we are not liable for any direct, indirect, incidental, special and/or consequential damage, loss, claim, expense or loss of profits, economic loss, business interruption, loss of goodwill, loss of profits, loss of savings on overheads or any loss of data which result from any use or access, or any inability to use or access, or misuse by you or any other party, of the Website or otherwise in connection with any content, even if we have been advised of the possibility of such damages or loss.
4.12 Nothing in these Terms of Use is intended to exclude or limit any condition, warranty, right, or liability in a manner that is not permissible under applicable law. In some circumstances, some jurisdictions may not permit the exclusion of certain warranties or conditions, the exclusion of incidental or consequential damages, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms. Accordingly, only the above limitations which are lawful in the applicable jurisdiction in which you may use the Website. With respect to any limitations which are not lawful as stated, our liability will be limited to the maximum extent permitted by applicable law.
4.13 Subject to this clause, our liability for loss or damage to you will be reduced proportionately to the extent that:
(a) such loss or damage has been caused by your failure to comply with your obligations and responsibilities under these Terms of Use; or
(b) your actions or omissions have contributed to such loss or damage,
regardless of whether a claim is made by the other party.
6 TERMINATION OF ACCESS
6.1 Your agreement with us commences on the date you commence using the Website and remains in force until terminated in accordance with this Terms of Use or as otherwise stipulated by us in writing.
6.2 We reserve the right from time to time to immediately alter, interrupt, suspend, or terminate your right to access the whole or any part of the Website at any time in our sole discretion and without giving any explanation, justification or notice for the termination of access.
6.3 Without limiting our rights above, we may also immediately terminate your right to access the whole or any part of the Website without any notice to you if you are in breach of these Terms of Use at any time.
6.4 On termination, you must immediately pay any and all outstanding invoices or any charges or fees incurred as a result of your access and use of the Website before the date of termination.
6.5 You agree that we will not be liable for any costs, losses or damages of any kind that may arise from any such interruption, suspension, termination or alteration pursuant to this clause.
6.6 Termination does not affect any accrued rights or liabilities of either you or us, nor does it affect any provision which is expressly or by implication intended to operate after termination.
7 ALTERATION OF TERMS OF USE
7.1 We reserve the right to change these Terms of Use:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
7.2 Amendments will be effective immediately upon notification on the Website. Your continued use of the Website will represent an agreement by you to be bound by the Terms of Use as amended.
8 USE AND DISCLOSURE OF PERSONAL INFORMATION
8.1 We and any people or legal entities authorised by us (including your independent practitioner) may collect, use and process the personal information:
(a) which you may provide when accessing the Website, such as your name, address, e-mail address, health information, and other personal or sensitive information about you; and
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of cookies delivered to your computer when you access our Website.
8.2 The way we collect, store and use personal information is set out in our Privacy Policy. We will comply with the Australian privacy legislation with respect to our collection, storage, use and disclosure of your personal information. Please refer to our full Privacy Policy here for details of how we collect, store, use and disclose your personal information.
8.3 You will at all times indemnify and keep indemnified us and our respective officers, employees, contractors, agents and other representatives (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a) your use of the Website;
(b) any breach of these Terms of Use by you; and
(c) our collection, use, publication or distribution of the material or information supplied by you from time to time.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 We reserve all intellectual property rights, including, but not limited to, copyright in the Content, the Website, and any material or services provided by it. The Content is provided to you in accordance with the licence set out under clause 2.3 above only and may not be:
(a) re-sold or re-distributed in any material form;
(b) stored in any storage media; or
(c) re-transmitted in any media,
without our prior written consent.
9.2 We reserve the right to modify, vary, correct, alter, remove or delete any part or all of the Website or the Content, at any time in our sole discretion and without any notice to you. We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly as a consequence of removing any material or information from the Website.
9.3 We reserve the right to modify, vary, correct, alter, remove or delete any part or all of the Website or the Content, at any time in our sole discretion and without any notice to you. We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly as a consequence of removing any material or information from the Website.
9.4 All logos, icons, brand names or service names that identify the owner and operator of the Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on the Website or any linked websites are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on the Website. Any unauthorised use of the materials appearing on the Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal and/or civil penalties.
9.5 Other than for the purposes of, and subject to the conditions prescribed under applicable copyright laws which apply in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means without our prior written approval:
(d) adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of the services; or
(e) commercialise any Content, goods or services obtained from any part of the Website.
9.6 You guarantee and warrant that you hold all intellectual property rights in the Content which you upload to the Website and/or have obtained any relevant consents which may be required under applicable privacy legislation for the use and disclosure of such information (and you indemnify us from any damages, costs, losses or liabilities which may arise from our use of the Content). By submitting any information or other material to us (including inputting data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
(f) for the purpose of complying with our obligations under, and to permit you to comply with all of your obligations under, these Terms of Use;
(g) use, copy, sublicence, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and
(h) sublicence to any third parties the unrestricted right to exercise any of the rights granted in subclause (b), provided that, where such use is not for the purpose of complying with these Terms of Use, all personal and sensitive information will be removed from the information and materials before such information and/or materials is made available to any other person.
9.7 You agree that the licence provided to us under clause 8.5 above includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.
9.8 You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that information or other material. This includes consent to change the information or other material even if the change amounts to a “derogatory treatment” of the information or other material as that term is defined in Division 4 of Part 9 of the Copyright Act 1968 (Cth).
9.9. At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this grant of licence and consent.
9.10 You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any information or materials that you wish to preserve. We are not responsible for unauthorised access to, use of or alteration of your information.
9.11 To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any information or materials you upload to or through the Website. You expressly release us and our agents, partners, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to your posting of information or materials.
10 RELEVANT JURISDICTION
10.1 If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
10.2 These Terms of Use will be governed by and interpreted in accordance with the law of Queensland without giving effect to any principles of conflicts of laws.
10.3 You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms of Use.
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