Terms and Conditions

Effective: 20th October 2018

Your access to and use of this website and web application ("Service") is subject to the Terms and Conditions outlined below. By accessing and using this Service you accept without limitation or qualification these terms.

 

  1. Access to the Service

Access to the Service is limited to consenting persons over the age of 18 years. Persons under the age of 18 years requires co-consent by their legal guardian or parent.

 

  1. Privacy

  1. User Privacy. Users of this Service will be asked to allow their test results to be included in the research database. Once included in this database, test results will be used for scientific research, clinical and commercial purposes. The database is deidentified. This means that names and personal identification information from which an individual’s identity can be determined or reasonably ascertained will not be included in the research database.

  2. e-mail and SMS privacy. You should be aware that the Internet may be an unsecure environment and any e-mail and SMS messages sent to and from this Service and goAct may be observed by a third party whilst in transit. You understand that Precision Medicine Holdings [PMH], Dr Fryar-Williams [Designer] and goAct accept no responsibility for security of information on or transmitted via the Internet. It is up to you to take precautions to ensure that information you select for your use is free of such items and viruses, worms, Trojan horses and any other items of a destructive or privacy infringement nature.

  3. Access privacy. You are solely responsible for the use and proper protection of the identification or study codes (“Codes”) and personal passwords that you use to log in to the Service.

 

  1. No medical advice or treatment

The information you access via this Service does not amount to medical or professional advice or treatment of any kind. PMH, the Designer and goAct accept no responsibility for any professional medical advice given by users of this Service or for any delay in obtaining medical advice or treatment or for any lapse in duty of care towards a patient by a clinician using this Service.

 

  1. Reports

PMH, the Designer and goAct provide a resource for information only via reports to consenting users and their designated medical practitioners. The Service provided is a resource for further validation of research. Reports are not intended to diagnose, treat, prevent or cure a health or mental health problem or condition. The only purpose of a Service report is to provide evidence-based data to assist research and any result information feedback given to a medical practitioner or competent relevant professional is to be interpreted under research caveat - this being based on previous evidence from research results which are not yet completely validated. Reports must not therefore be used as a basis of decision-making or action without the separate clinical consideration of a competent relevant mental health professional. Reports and tests do not establish any physician-patient relationship or supplant an in-patient medical consultation or examination or assessment. PMH, the Designer and goAct accept no liability in respect of the accuracy, usefulness or completeness of any information contained in any reports. In addition, reports are for research purposes only, therefore must not be re-reported, modified or copied by physical and/or electronic means.

 

  1. Treatments

This research is not a treatment trial, therefore any treatment or substance taken by an individual or advised by a clinician is not authorised by this Service. Undertaking treatment is therefore under your and/or the treating clinician’s sole responsibility.

 

  1. Ownership Rights

Substantial time, effort and funds have been required to create this Service. By your use of this Service, you acknowledge and agree that PMH exclusively owns or may licence to third parties’ the rights to use the services, data, databases, images, sound recordings and any other information provided through the Service ("Content").

 

  1. Restrictions

You shall not copy, remove, obscure, adapt or modify any copyright or other notice of PMH proprietary interest placed on the Content. Distribution of Content is subject to these terms and may be limited to these terms and must be distributed only to those who specifically accept the obligations imposed by these terms.

 

  1. Fees

The Service recipient will pay fees associated with laboratory testing according to the laboratory service and items of payment are set out in the description of the applicable Service. PMH reserves the right to install fee for service and vary such fees from time to time. Any such change will only occur upon reasonable notice to the user with option to opt out.

 

  1. Compliance with Rules and Laws

The Services and the Content may be used only for lawful purposes. You agree that you will comply with applicable laws of the jurisdiction in which you are accessing and using the Services and Content. You represent and warrant to PMH that the information that you provide to PMH in the registration process and in other uses of the Services is true, accurate and complete. Upon request by PMH, you agree to defend, indemnify and hold harmless PMH from all liabilities, claims and expenses, including legal fees which arise from breech of these terms for which you are responsible.

 

  1. Limitation of Liability

This Service is for research purposes and your use of this Service is at your own risk. PMH, the Designer and goAct can assume no responsibility for any use you make of this Service or its Content. In so far as permitted by law, PMH, the Designer and goAct disclaim any and all responsibility for any liability, loss, injury, damage, expense or risk which may be or is incurred by or any party as a consequence, directly or indirectly of any use and application of any reported results or any reliance placed on the results or applications or representations in the reports. Whilst every effort is made to ensure that the contents of the reports are accurate and complete and that the indices and representations of results are true at the time of issues. The Services and the Content are provided as is, with no guarantee of completeness, availability, accuracy or timeliness and without warranty of any kind, express or implied, including any warranty of performance, merchantability, fitness for any particular purpose or non-infringement. PMH will not be liable to you or to any other person for any loss, liability, cost, damage, or injury arising out of or resulting from any use of the Services or the Content. PMH will not be liable to you or any other person for consequential, incidental, indirect, special or punitive damages, including lost profits, business interruption, loss of programs or data. Without limiting any of the foregoing, if PMH is found liable to you for any claims or matters arising under or in connection with any Service, PMH’s aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the fees paid by you to PMH in that calendar year for that particular Service.

 

  1. Linked Websites

PMH, the Designer and goAct are not responsible for the content or privacy practices associated with linked websites. When this Service links with other websites this should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

 

  1. Governing Law

These terms shall be governed by and construed under the law of South Australia. You must consent to submit to jurisdiction in the federal or state jurisdiction of the courts of South Australia.

 

  1. Grant of Licence

By accepting these terms PMH agree to grant you a non-exclusive, non-transferable, limited licence to access this service, subject to these terms and conditions.

 

  1. Update of Terms.

PMH reserves the right at any time to update these terms of use, without notice. You are bound to any such revisions and should periodically view these terms and conditions to review revisions and updating.