Privacy Statement

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About People's Privacy
People can register to use evisit by entering their name, date of birth and their e-mail address. They also nominate a username.

Once they have done this, a password is e-mailed to them, so that they can start using evisit.

From there, a person would typically locate their usual office and start to book appointments on-line.

Revealing information about a person to another person without the consent of the first person is a breach of privacy laws in Australia and other countries, so evisit has a secure system to protect offices from accidentally breaching these laws.

The first time someone tries to make an appointment at any office, the appointment is flagged by evisit as a new evisit user. evisit then warns the patient that they will need to state their evisit username to the office on arrival for their first appointment. evisit also then notifies the office of the patient’s name, date of birth and evisit username. This allows the office to confirm with the patient upon arrival, that the evisit username really does belong to that patient.
Practitioner Agreement
    
Welcome to the evisit Practitioner Agreement. This Agreement describes the terms and conditions that govern your use of our services at http://www.evisit.com.au/ (our "Site"). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and evisit's policies, including its Privacy Policy.  These Policies change from time to time, and you agree that they form part of this Agreement.  Policies of particular importance are the policies relating to: Privacy.  Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies).  You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time).  As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.  Please note: underlined words and phrases are click-through links to these pages and websites.

By accepting this Agreement (including the Policies) you agree to be bound by it and also the Practitioner Agreements and posted terms and conditions on other websites operated by evisit and its related and affiliated companies, to the extent that you use those websites. 

We may amend the terms and conditions of this Agreement from time to time.  Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective on the day they are posted.  If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership of evisit. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.

Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and evisit. This Agreement is effective on the earlier of your registration date or 1 January 2008 for all members registered prior to 1 January 2008.

In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority.  A reference to this Agreement includes the Policies, unless stated otherwise.

1. Membership Eligibility. 

evisit offers its services to its members.  Membership is a privilege, not an entitlement, and evisit may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies.  In the event that evisit changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.  

Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age.  If you do not qualify, you must not use our services.  Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.

Your membership is not transferable.  Your evisit account (including feedback and associated member PractitionerID) may not be dealt with in any way.  In particular, you must not allow others to use them and must not transfer or sell them to another party.  While you are a member you must maintain control of your account.  You are responsible for what occurs on that account and must report any unauthorised use of your account or PractitionerID to us.

2. Fees and Services. 

Joining (creating an evisit account) incurs a fee of $22 per month for a minimum of 12 months.  Beyond that time, an ongoing fee of $22 per month is required to keep the account active.

You may also at, your discretion, purchase credits from the evisit website.  These credits are not transferrable, and are non refundable.

When patients make appointments, change appointments or cancel appointments, evisit retains a record of those requests, and will make the information available to you if you have purchase sufficient credits.  At the time that the information is transferred to you, your account will be debited the appropriate number of credits.

evisit reserves the right to vary the cost of credits as it sees fit, and to vary the number of credits required to make, change or cancel appointments.

3. Making Appointments. 

3.1 Requesting appointments.
By requesting an appointment (eg at an office where you have not had an appointment before, or with an office that is not currently an evisit Practitioner), you agree to be bound by the terms and conditions of that office, subject to any exceptions set out here, such as where those terms and conditions are in breach of this Agreement or unlawful.  You also acknowledge that the contractual obligation of the appointment is not actually accepted by the office until such time that they have an active evisit account with sufficient credit to cover the cost of retrieving that appointment, and that they endorse your Practitioner account so that they may receive the appointment.
3.2 Making appointments.
By making an appointment (eg at an office that has an active evisit account with sufficient credit, and where your Practitioner account has been accepted by that office), you enter into a contract with that office and agree to be bound by the terms and conditions of that office, subject to any exceptions set out here, such as where those terms and conditions are in breach of this Agreement or unlawful.  You agree to make every reasonable effort to attend that appointment on time, and accept any penalties (financial or otherwise) that the office imposes should you fail to attend at the designated time.

4. Ownership of Information. 

4.1 Definitions.
a. "Your Information" means any information you provide to the evisit site.  Whilst this typically only includes your name, e-mail address and date of birth, information regarding your schedule of care at an office, and any other information provided by you (or an office in regard to you) is considered "your information".
b. "Our Information" means any information that has been provided to the evisit site by other parties.  This includes requests for appointments, changes and cancellations that have not yet been transferred to you.

4.2 Restrictions. You are solely responsible for Your Information.  This includes information provided by an office that was collected from you.  We act as a passive conduit for your online distribution and publication of Your Information. 

Your Information must not, in any way whatsoever, be potentially or actually harmful to evisit or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by evisit.  Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

a. be false, inaccurate or misleading or deceptive; 
b. be fraudulent or involve the sale of counterfeit or stolen items; 
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; 
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws); 
e. be defamatory, libellous, threatening or harassing; 
f. be obscene or contain any material that, in evisit's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such content;
g. contain any content that is prohibited or that, in evisit's sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au);  
h. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any evisit website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; 
i. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;  or
j. link directly or indirectly to or include descriptions of goods or services that: 
i. are prohibited under this Agreement; 
ii. are concurrently listed for on a web site other than evisit's (this does not prevent linking to or advertising an evisit item from another web site); or 
iii. you do not have a right to link to or include. 

4.3 License. Solely to enable evisit to use the information you supply us with, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. evisit will only use Your Information in accordance with our Privacy Policy.  We need this to use and display your content.

4.4 Transfer of information.  At the moment in time that a request for an appointment, a change or a cancellation is transferred to you, that information becomes Your Information and ceases to be Our Information.  Up until that point (including if you have insufficient credits), the information remains Our Information.

5. Access and Interference.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to evisit by our members or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior written permission of evisit or of the party authorised to grant such permission. 

6. Breach. 

WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO evisit AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY MAKING YOUR APPOINTMENT, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO MAKING, CHANGING AND CANCELLING APPOINTMENTS), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF: 
a. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way; 
b. we are unable to verify or authenticate any information you provide to us; 
c. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
d. if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature. 
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

7. Privacy. 
evisit has a Privacy Policy which applies to all members and forms part of this Agreement. Our current Privacy Policy is located at http://www.evisit.com.au/corporate/privacy.aspx. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (including any amendments we make to it) while you are a member of our Site.
We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy.

8. No Warranty.

8.1 WE AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.  TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIREED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.  For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to evisit, you will be entitled to the benefit of certain warranties under that legislation.  For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.  Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.  To the extent that such factors are outside of our control, evisit shall not be liable. 

8.2 To the extent that evisit and all affiliates and related entities of evisit are able to limit the remedies available under this Agreement, evisit and all affiliates and related entities of evisit expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at evisit's sole discretion): 
a. in the case of goods, any one or more of the following: 
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 of acquiring equivalent goods; or 
iv. the payment of the cost of having the goods repaired; and 

b. in the case of services: 
i. the supply of the services again; or 
ii. the payment of the cost of having the services supplied again.

However, if you are considered a consumer under an Australian consumer protection law that applies to evisit, and you use our services for personal, domestic or household use, this clause 8.2 will not apply to you.  For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.  

8.3 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 would otherwise apply to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of our services or to this Agreement. 

9. Liability Limit. 

9.1 TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT evisit AND ALL AFFILIATES AND RELATED ENTITIES OF evisit HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS. 
TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO AUD$100. 

9.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of evisit and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation.  For example, if evisit is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in clause 9.1 will not apply to you.  For more information on consumer protection laws please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner. 

10. Indemnity. 

You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. 

11. Legal Compliance. 

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including making, changing and cancelling appointments. In particular, you must ensure that your activities, and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au.  
Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful. 
YOU ALONE, AND NOT evisit, ARE RESPONSIBLE FOR ENSURING THAT YOUR INFORMATION AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT. 

12. No Agency. 

No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement.  In particular you have no authority to bind evisit, its related entities or affiliates in any way whatsoever.

13. Mediation and Dispute Resolution.

We encourage you to try and resolve disputes with other members directly with them, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate.
Any controversy or claim arising out of, or in connection with, this Agreement between evisit and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election.  You and evisit agree to be bound by the outcome of such mediation.  Each party will bear its own costs (and split equally any joint costs) of mediating the dispute.

14. General.
     
The Site and its associated services set out in this Agreement are offered by evisit, located at PO Box 22, Spring Hill, QLD, 4004, Australia. 
This Agreement will be governed in all respects by the laws of the State of Queensland, Australia. You and evisit irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by evisit to a third party without your consent in the event of a sale or other transfer of some or all of the assets of evisit. In the event of any sale or transfer you will remain bound by the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against us solely because we prepared it. This Agreement sets out the entire understanding and agreement between us with respect to its subject matter. Where possible, all clauses of this agreement will survive any termination or expiration of this Agreement.

15. Further Information

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years. If you are interested in learning more about these protections, information is available at http://www.netalert.org.au. This link is provided for information purposes only, and is not intended as an endorsement.  evisit is not affiliated with this web site or its operators.

Disputes between you and evisit regarding our services, complaints or suggestions should be reported to evisit Customer Support.
Yes, I have read and accept the Privacy Statement and the Practitioner Agreement
No, I would like to find out more before proceeding with sign-up