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Website Terms of Service

 These scanswap solutions Pty Ltd Terms of Service (“Terms of Service”) are entered into by scanswap solutions Pty Ltd (“Scanswap”) and the entity executing these Terms or that accepts these Terms electronically for the purposes of the provision of professional services (described below as “Contractor” and “Client”).  

 

1. About this website

Website Owner = scanswap solutions Pty Ltd (ACN 600 143 333) (“ Scanswap ”) (Domain name = http://www.scanswap.com.au the “website”)

 

2. About these terms of service

These website Terms of Service and the associated Privacy Policy (“privacy policy”) govern your access to and use of the website and Scanswap services. You should read these terms of use and the privacy policy carefully before using this website and service.

 

3. Your access/use implies agreement

The website is available for your use only on condition that you agree to these terms of service. By accessing/using the website, you are signifying that you agree to be bound by these terms.

 

4. Modifications to the Terms

Scanswap solutions Pty Ltd may revise and update these terms of service at any time. Your continued usage of the website after any changes to these terms of service will mean you accept those changes.

 

5. Modifications to the information

Scanswap solutions Pty Ltd does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of scanswap solutions Pty Ltd.

 

6. Errors and problems

Scanswap solutions Pty Ltd does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

 

7. License and Ownership

The copyright for the content on this website is owned or licensed by scanswap solutions Pty Ltd and is protected under the Copyright Act 1968 and by other copyright laws both in Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of scanswap solutions Pty Ltd.

All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of scanswap solutions Pty Ltd.

 

8. Inbound links

scanswap solutions Pty Ltd generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and scanswap solutions Pty Ltd.  However, linking to any other page of the website is strictly prohibited, without express written permission from scanswap solutions Pty Ltd .

 

9. Jurisdiction

The Australian website (www.scanswap.com.au) is provided only for use by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of South Australia and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of South Australia, Australia.

 

10. Disclaimer of Warranties

scanswap solutions Pty Ltd makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

 

11. Limitation of Liability

If scanswap solutions Pty Ltd is found responsible for any damages, scanswap solutions Pty Ltd is responsible for actual damages only. In no event shall scanswap solutions Pty Ltd, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

 

12. General Conditions of Sale

The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and scanswap solutions Pty Ltd with respect to the subject matter hereof.

 

a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.

 

b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to scanswap solutions Pty Ltd that you are able to make a legally binding contract.

 

c. Your order is an offer by you to purchase a particular product for the price (including other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.

 

d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.

 

e. scanswap solutions Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with scanswap solutions Pty Ltd only comes into existence when scanswap solutions Pty Ltd forwards you an email containing confirmation of receipt of your order and an acceptance of your order.

 

f. This contract shall be governed by and construed in accordance with the law in effect in the State of South Australia and by entering into contract both parties are accepting the jurisdiction of the courts of the State of South Australia in relation to any dispute between them.

 

g. You shall evaluate all goods and services immediately upon their arrival and shall within two (2) days give notice to scanswap solutions Pty Ltd if the goods or services are not in accordance with specified requirements. If you fail to give such notice, the goods or services shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by scanswap solutions Pty Ltd within two (2) days after receipt of goods or services by you. The total amount of any claim shall not exceed the actual invoice value of the goods or services claimed to be faulty. One faulty item does not in any way alter the Client payment obligations in regards to other goods and services on the invoice.

 

h. scanswap solutions Pty Ltd shall not be responsible for non-delivery or delay in delivery of any goods or services caused by force majeure and you and scanswap solutions Pty Ltd shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.

 

i. You assume all risks and liabilities for consequences arising from the use of the goods and services whether singly or in combination with other goods and services and indemnify scanswap solutions Pty Ltd in respect of any such use. scanswap solutions Pty Ltd is not liable for any infringement of patent rights arising out of the use of such goods and services by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods and services when used by you are not damaged and no liability will be accepted by scanswap solutions Pty Ltd for the consequences of the use of damaged goods by you.

 

j. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of scanswap solutions Pty Ltd implied by the Goods Act, 1958.

 

k. The relationship between the entity from which medical imaging originates and the entity which undertakes professional interpretation is that of Client and Contractor.  Interpreting radiologists are independent Contractors. Scanswap provides an intermediation service and does not warranty or accept liability for the professional services provided by the Contractor.

 

l. An agreement via the Scanswap electronic platform to engage in professional services is a binding contract and binds all parties to the Terms set forth in the Scanswap Terms of Service.  For prospective Contractors, clicking the ‘Apply’ button constitutes a binding agreement to perform the described services and agreement to the Scanswap Terms of Service.  For Clients, clicking ‘Accept’ of an application constitutes a binding agreement to provide the medical imaging files to the Contractor via the Scanswap intermediation platform and pay the Contractor for the services.

 

m. Scanswap protects client data and medical data on the Scanswap platform.  Scanswap is not responsible and accepts no liability for the handling of patient information and materials on Client or Contractor technology systems.  This includes but is not limited to data breach or theft, data loss or violations of statutory obligations regarding data handling and storage.

 

n. Scanswap provides tools for the electronic transmission of medical imaging and professional reports.  Scanswap does not store medical files or data long-term.  It is the responsibility of the Client and Contractor to retain images, reports and other data in a manner, and for a period of time, that adheres to relevant laws and regulations in their jurisdiction.

 

o. The provision of professional services between the Contractor and Client or their affiliated entities or individuals both during and for 12 months following the conclusion of this contract can only be undertaken with Scanswap intermediation according to our Terms of Service.  The Contractor and Client are liable for breach of this condition.

 

p. Scanswap does not bill or otherwise engage with Medicare or 3rd party payors.  It is the responsibility of the Client to ensure that they are dealing with payors (including but not limited to Medicare) in a manner that is lawful and compliant with all rules and regulations.

 

13. Contractor Agreement and Obligations

Scanswap acts as your agent during the period that you use our services.  Your relationship with the Client is that of an independent Contractor.  Scanswap is not your employer or contracting your services and is therefore not responsible for the payment or provision of wages, expense reimbursements, sick pay, annual or long service leave, superannuation contributions, workers compensation, medical indemnity insurance, medical registration, education/training fees or any other costs or expenses incurred.

 

The Contractor represents that all information supplied by them to verify his or her suitability for this role is true, complete and not misleading and acknowledges that Scanswap and the Client are relying on this information when entering into a contract.

 

The information you provide to verify the suitability for the role you have contracted for must be correct.  Throughout the course of your engagement with Scanswap, you must inform Scanswap immediately if there are any changes to your circumstances.  This includes but is not limited to, if you are being investigated by a medical or statutory body, suspended from duty, have had your license to practice cancelled, conditions are imposed on your practice or you become aware of any factor that could limit your ability to provide the professional services for which you have been contracted.

 

You must abide by the Client’s policies on safe work hours and codes of practice.

 

By engaging with Scanswap, you have access to market knowledge and opportunities to which you would not otherwise be privy.  Therefore you must not use or disclose any confidential information of Scanswap’s, whether during or after your engagement unless otherwise required by law.  This includes but is not limited to information regarding our business processes, technology, fees and billing.

 

Contacts outside of Scanswap intermediation for the purpose of providing professional services to the Client or its affiliated entities or individuals both during and for 12 months following the conclusion of a contract initiated on the Scanswap platform is strictly forbidden and is a breach of contract.

 

Medical indemnity cover is essential and must be appropriate to the medical imaging interpretation services being provided.  You are forbidden from applying to perform professional services via the Scanswap platform unless you are covered by medical indemnity insurance appropriate to the scope of services to be performed.  You must inform Scanswap and the Client immediately if you are aware or become aware of any concerns regarding indemnity cover for the work being undertaken.

 

You must notify Scanswap immediately if any adverse event occurs during the course of the contract.

 

All Confidential Information, which includes but is not limited to Client business information and medical files and data and any other information which would logically be considered Confidential in view of its relationship to the whole relationship between Client and Contractor shall be maintained in confidence by the Contractor and shall be protected with the same degree of care as the Contractor normally uses in the protection of its own confidential and patient medical information, but in no case with any less degree than reasonable care.

 

Scanswap does not charge for setup and maintenance of our software.  If the Client requires modifications or additions to their electronic systems by their own technical staff or 3rd party vendors in order to utilise the Scanswap service, these costs are the Client's responsibility.

 

There is a general expectation that interpretation work will be completed and ready for return to the Client 24 hours after receiving the imaging.  If there is, or will be, significant delay beyond this timeframe, it is the Contractor's responsibility to communicate this directly to the Client.

 

The Contractor is responsible for ensuring that significant clinical findings are communicated to the Client in a timely format.  Completing a written report is not sufficient in cases where the clinical finding is of critical signficance, requires time-sensitive action or would reasonably be considered unexpected.

 

 The Contractor bills the Client for completed work.  Scanswap assists to facilitate invoicing however tax record keeping, reporting and payment obligations relating to the services provided are the responsibility of the Client and Contractor. 

 

Scanswap assists with billing by maintaining a record of professional services provided by the Contractor to the Client resulting from a contract.  Scanswap also assists by invoicing the Client and receiving monies on the Contractors behalf.  Payment of monies to Contractor is via check or electronic funds transfer.  It is the responsibility of the contractor to ensure that payment information is accurate.

 

An invoice is issued to the Client on completion of a contract or, for contracts of a period greater than 14 days, the Client will be issued with an invoice every 14 days from the start date of the contract until the end of the contract.  The Client is required to pay the invoice within 7 days of issue.  Scanswap will make efforts to pay the Contractor as expeditiously as practical after receipt of monies from the Client.

 

Scanswap will assist in ensuring correct payment from the Client but is not liable for failure to pay including but not limited to disputes regarding the nature and quality of the professional services provided or interpretation of the parties’ contractual obligations.

 

Accepting Scanswap’s Terms of Service is legally binding.  Once you have agreed to the Terms of Service on the Scanswap website, you are bound by law to fulfil the obligations of the contract and fully adhere to the Terms of Service.

 

GST will be a line item on the invoice.  The portion of the GST relating to the Contractors professional service will be forwarded to the Contractor.  It is the Contractor's responsibility to forward this collected tax to the Australian Taxation Office.

 

14. Client Agreement and Obligations

Scanswap will use reasonable endeavours to establish the accuracy of the credentials and indemnity cover of the Contractor but confirming this information is the responsibility of the Client.

 

The Client recognizes that Scanswap will use reasonable endeavours to establish the accuracy of professional information provided by the Contractor, however the Client must make and rely upon its own enquiries with regard to matters the client considers relevant in determining whether to engage the Contractor.

 

By engaging Scanswap services, the Client is bound to keep confidential any details related to our business processes, technology, fees or billing.

 

The Client recognises that the Contractor is not an employee of Scanswap nor contracted to Scanswap.  The Contractor is contractually engaged by the Client to undertake work for the Client’s business.

 

As soon as the Client accepts a Contractor’s services on the Scanswap website the Client is deemed to have agreed to the contents of Scanswap’s Terms of Service.

 

Once the Client has agreed to Scanswap’s Terms of Service, they are bound by law to fulfil the obligations within the Terms of Service unless it is nullified by mutual consent or legally terminated.

 

Scanswap is not responsible for costs (including opportunity costs) associated to the cancellation or termination of any contract.

 

Scanswap is not responsible and accepts no liability for the handling of patient information and materials on Client or Contractor technology systems.  This includes but is not limited to data breach or theft, data loss, or violations of statutory obligations regarding data handling and storage.

 

Scanswap does not charge for setup and maintenance of our software.  If the Contractor requires modifications or additions to their electronic systems by their own technical staff or 3rd party vendors in order to utilise the Scanswap service, these costs are the Contractor's responsibility.

 

Scanswap assists to facilitate invoicing between Contractor and Client however tax obligations relating to services provided are the responsibility of the Client and Contractor.  Scanswap will assist in ensuring correct payment but is not liable for failure to pay.

 

Once an imaging file is accessed by the Contractor or their affiliated practice, the fee for interpretation must be paid by the Client for completed interpretation work irrespective of its upload having been in error or for change-of-mind.

 

An invoice is issued to the Client on completion of a contract or, for contracts of a period greater than 14 days, the Client will be issued with an invoice every 14 days from the start date of the contract until the end of the contract.  The Client is required to pay the invoice within 7 days of issue.  Payment to the Client and to Scanswap is via electronic funds transfer as described on the invoice.  Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on the outstanding late balance until paid in full.

 

The Client is obligated to pay the Contractor for completed interpretation work.  Client dissatisfaction with the quality of work provided does not negate the Client’s obligation to pay for completed work unless the work is below a minimum standard for which a reasonable medical imaging professional would deem it to be usable for its intended purpose.  If the Client forms the opinion that work is below this standard, they shall refer the matter to Scanswap who will provide a final and binding judgement.  If a discrete piece of work is deemed below this standard, this does not negate the Client’s responsibility to pay the Contractor for other work associated with the contract.  If Scanswap deems a piece of work to be below the above described minimum standard, the Contractor shall be granted one opportunity to remediate the work in return for full payment.

 

Scanswap is an intermediation service between Client and Contractor.  Scanswap does not endorse the clinical skills for any Contractor.  Scanswap is not liable for the quality of the clinical work performed by the Contractor.  If the Client has concerns regarding the quality of the clinical work provided by the Contractor, it is the Client's responsibility to communicate those concerns to the Contractor and Scanswap.  If the Client so wishes, Scanswap will assist the Client in engaging a different Contractor.

 

Scanswap is not the Contractor’s employer or contracting their services and is therefore not responsible for the payment or provision of wages, expense reimbursements, sick pay, annual or long service leave, superannuation contributions, workers compensation, medical indemnity insurance, medical registration, education/training fees or any other costs or expenses incurred.

 

The Client must ensure that the Contractor is familiar with their policies on safe work hours and codes of practice.

 

The Client must inform Scanswap immediately if any adverse event occurs during the course of the contract.

 

Medical indemnity cover is essential and Scanswap is not responsible for providing medical indemnity cover.  It is the Client’s responsibility to satisfy themselves that medical indemnity cover is appropriate to the work being undertaken by the Contractor.

 

Whilst Scanswap uses reasonable attempts to verify the identity and qualifications of a Contractor, the Client must put the Contractor through its normal verification procedures for an independent contractor.

 

The Client is forbidden from employing the Contractor outside of a Scanswap arrangement during the contract and for a period of 12 months following the end of the contract.  The Client recognises that it is a breach of contract between the Client and Scanswap to employ or otherwise engage the Contractor outside of a Scanswap arrangement during that period.

 

15. Access to the Service

 Scanswap reserves the right to decline access to the service or to discontinue access to the service to any individual or organisation for representations or actions Scanswap deems to be deceptive or not in keeping with high professional standards of conduct.

 

16. Severability

In the event any provision of these Terms of Service is held to be invalid or unenforceable, the remainder of these Terms of Service shall remain in full force and effect as if the invalid or unenforceable provision had never been a part of the Terms of Service.

 

17. Term

Scanswap may add to, delete from or modify these Terms of Service at any time without liability.  The modified Terms of Service will be posted atwww.scanswap.com.au.  Customer should look at these Terms of Service regularly.  The changes to the Terms of Service will not apply retroactively and will become effective immediately after posting.

 

Updated 14 July 2015

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