Website Terms of Use
Introduction
This website and its associated features, services and applications (together the Site) is owned and operated by Dr Ghadiri.
These terms and conditions (Terms) apply to the use of the Site, in conjunction with any other agreement entered into by Dr Ghadiri and you relating to your medical care. If you do not accept these Terms, you must refrain from using the Site. By using this Site, you are agreeing to all of the terms and conditions of use, along with our Privacy Policy, as may be updated from time to time. You should check this page regularly to take notice of any changes that have been made to the terms.
Terminology
In these Terms and unless the context otherwise requires, terms defined in the Standard Terms have the same meaning when used in these Terms (subject to any variation in the below table) and the following definitions apply:
Dr Ghadiri - Dr Marjan (Jane) Ghadiri and includes a reference to any of her employees or agents.
Intellectual Property Rights - all present and future industrial and intellectual property rights, including:
(a) any and all rights subsisting or capable of subsisting or being obtained under intellectual property legislation, including legislation dealing with copyright, circuit layouts, designs, patents or trademarks, and whether in Australia or overseas; and
(b) any application for or right to apply for registration, extension, renewal, appeal or otherwise (including any rights of action) in respect of the rights referred to above.
Linked Site - any other websites which are not operated by Dr Ghadiri that may be linked or referred to in any part of Dr Ghadiri’s websites from time to time, including any information published on such other websites.
you, your or any similar expression - the person using the Site.
Amendments to Terms
Dr Ghadiri reserves the right, in her absolute discretion, to amend, add to or remove portions of any of these Terms or any of the services or functionalities of the Site from time to time. Your continued use of the Site will represent an agreement by you to be bound by the terms and conditions as amended.
Website
Access to the Site (or various parts of it) is publicly available, and Dr Ghadiri reserves the right to withdraw or amend the Site or any services provided through it, without notice.
Dr Ghadiri will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, Dr Ghadiri may restrict access to some parts or all of the Site. Any services offered via the Site are only made to those persons who can make legally binding contracts.
Please note that all patient bookings need to be made via email, over the phone or in person, as the addresses/contact details nominated on this Site are updated from time to time. You should double check that an appointment has been validly made, otherwise there is a risk that emails could be lost in transmission or the Site’s facilities for processing appointments (if any) may not function as intended. Dr Ghadiri will not be liable for any failure of any computer systems (whether yours or hers) in the event that you do not properly book an appointment and verify that the appointment has been made.
Information on the Site
The information on the Site is general and for information purposes only. As the Site predominately relates to medical information, you will need to ensure that any information on the Site is verified by an appropriately qualified and licensed medical practitioner that specialises in the relevant field. That is because the Site does not include all the information about the risks of the medical procedures referred to on the Site or the medical conditions that may require such procedures. There are risks inherent with all medical procedures and an appropriately qualified and licensed medical practitioner (such as Dr Ghadiri) should be able to explain those risks to you.
To the extent the law allows, by using this Site you agree that Dr Ghadiri is not legally responsible for any loss or damage you might suffer as a result of using the Site, whether from errors or omissions in information, services, material or any medical information, that may be published on the Site or any Linked Site. Your use and reliance on any information, services, material or medical information on the Site is entirely at your own risk and Dr Ghadiri shall not be held liable to that. Dr Ghadiri cannot be held responsible for inaccuracies or errors and she expressly cannot be held liable for any such inaccuracies or errors to the fullest extent permitted by law.
Linked Sites
The Site may contain links to Linked Sites, which are not operated by Dr Ghadiri, such as social media (e.g. Instagram), Google (such as the maps on the contact us page) and to the hospitals that Dr Ghadiri consults at from time to time, to name a few. This does not imply sponsorship, endorsement or approval or arrangements between Dr Ghadiri and the owners of the external Linked Sites. Dr Ghadiri has no control over the Linked Sites and accepts no responsibility for them nor does she accept responsibility for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions contained within each such site.
Dr Ghadiri’s Site may contain information or promotional advertisements provided by third parties. Dr Ghadiri accepts no responsibility whatsoever for any information or advice provided via any third-party promotional advertisements.
Privacy Policy
Dr Ghadiri and this Site are committed to protecting your privacy. Dr Ghadiri’s privacy policy can be found on the Site and is otherwise available on request (Privacy Policy). By using the Site, you consent to Dr Ghadiri collecting, using, storing and disclosing your personal information in accordance with the Privacy Policy (as amended from time to time) and warrant that all information provided by you is accurate and up to date.
Prohibitions
When using the Site, you must not:
commit or encourage a criminal offence;
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
hack into any aspect of the Site or its services (including by interfering with security-related or other features of the Site);
corrupt data or cause annoyance to other users of the Site;
infringe any other person's rights, including any of their Intellectual Property Rights;
send any unsolicited advertising or promotional material, commonly referred to as "spam";
attempt to affect the performance or functionality of the Site or any computer facilities of, or accessed through, the Site; or
use data mining, robots, screen capping or similar data gathering or extraction tools on the Site.
Any breach of the above obligations may constitute a criminal offence and Dr Ghadiri may, in her sole discretion, report any such criminal offence to the relevant law enforcement authorities and disclose your identity to them.
Dr Ghadiri will not be liable for any liability caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any Linked Sites.
Intellectual Property, software and content
The Site and the contents on the Site are subject to copyright, trademarks and other Intellectual Property Rights with respect to aspects such as the design, lay out, content, appearance and general aesthetic of the Site. Unless stated otherwise, these Intellectual Property Rights are owed by, or licensed to, Dr Ghadiri.
The Intellectual Property Rights in all software and content (including photographic images) made available to you on or through the Site remain the property of Dr Ghadiri or her licensors. All such rights are reserved by Dr Ghadiri and her licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site (including those relating to business partners, hospitals Dr Ghadiri works with or any Linked Sites) nor may you use any such content in connection with any business or commercial enterprise.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and locations featured on the Site are in no way associated, linked or affiliated with Dr Ghadiri, and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on the Site are owned by the respective trademark owners.
Disclaimers
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law and to the extent the law allows, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. As outlined above, the majority of the information on the Site is information relating to health matters. Accordingly, it cannot be relied upon, rather you should consult with an appropriately qualified and licensed medical practitioner in respect of any health matters you (or anyone you are accessing the Site for) may be suffering.
Although efforts are made to keep the Site as up-to-date as possible, Dr Ghadiri does not provide any assurances or guarantees that any use by you of this Site or any information contained or referred to on it will achieve your desired outcomes or treatment objectives. The mere use, access and/or browsing of the Site and/or providing personal or medical information via the Site does not create a doctor-patient relationship between you and Dr Ghadiri.
Rather, you will need to consult with Dr Ghadiri in relation to your specific health issue (including providing a full medical history and any other information requested) and Dr Ghadiri may then be in a position to provide medical advice to you once you are an approved patient. Anything short of a full and proper consultation with Dr Ghadiri should not be taken as medical advice. You should, therefore, place no reliance on anything contained in the Site until such a time that you have consulted with Dr Ghadiri. You agree that you will not make any health or medical decisions based on the information contained on this Site. As outlined above, the Site does not contain information of all the risks associated with the various treatments and procedures referred to on the Site, as those will need to be explained to you in person after taking your medical history.
To the fullest extent permitted by law, Dr Ghadiri hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of substituted medical procedures or treatment, arising out of or related to the use, inability to use, performance or failures of the Site or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
By using this Site, you agree to indemnify Dr Ghadiri, for any loss, cost, expense, damage or liability suffered or incurred as a result of a breach by you of the terms and conditions listed herein with respect to your use of the Site or your reliance on any information published on the Site in a manner contrary to these Terms.
Linking to the Site
You may not link to the Site or any part of the Site, in a way that damages Dr Ghadiri’s reputation or takes advantage of it, nor may you establish a link in such a way as to suggest any form of association, approval or endorsement on Dr Ghadiri’s part where none exists.
You must not establish a link from any website that is not owned by you or in any way that is illegal or unfair. The Site must not be framed on any other site, nor may you create a link to any part of the Site.
General terms
If any part of these Terms is unenforceable (including any provision in which Dr Ghadiri excludes liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any provision (or part of it) can be severed to render the remaining part valid, the clause must be interpreted accordingly.
These Terms are governed by the laws of the Queensland and you irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland in respect of any dispute arising out of these Terms, your use of the Site or the reliance of any information or material published on the Site.
Currency
These Terms were last updated on 31 August 2020.