You use this site at your risk. You must evaluate, and bear all risks associated with, the use of any content, including reliance on the accuracy, completeness or usefulness of any Content. PRP Diagnostic Imaging does not guarantee the accuracy, currency or adequacy of the Content available at this site by virtue of providing access to or information about such Content at this site. The Content which PRP Diagnostic Imaging makes available at www.prpimaging.com.au is not intended, whether expressly or impliedly: to constitute professional medical or health care advice or diagnosis or treatment; to be relied upon without any professional consultation or independent consideration by a qualified medical practitioner. You acknowledge that the Content available at this site or through this site may be explicit, offensive and may not accord with your personal, religious or philosophical beliefs and you agree that PRP Diagnostic Imaging is not responsible for any offence caused.
THE PRP SITE
We endeavour to provide a convenient and functional site, but we do not guarantee that the Content will be error free or that the site or the server that operates it are free of viruses or other harmful components.
If your use of the site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs. Without limiting the above provisions, everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied.
LIMITATION OF OUR LIABILITY
To the extent that we are able under the Trade Practices Act or State and Territory law to limit the remedies available under this agreement, we expressly limit our liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is at our sole discretion):
In the case of goods, any one or more of the following:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the costs of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the costs of having the goods repaired; or
In the case of services:
(i) supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
If you are entitled to statutory warranties, your remedies if those statutory warranties are breached may be limited to those set out above. Nothing in this agreement is intended to limit or exclude any liability on our part where and to the extent that applicable law (eg. the Trade Practices Act) prohibits such exclusion or limitation.
You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (PRP Diagnostic Imaging indemnified parties) which are connected with, arise out of, relate to or are incidental to the use of the Service and the items.
You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (PRP Diagnostic Imaging indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by PRP Diagnostic Imaging indemnified parties arising out of or in connection with the performance of its duties as described in this agreement (except as caused by the gross negligence or willful misconduct of PRP Diagnostic Imaging indemnified parties) including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission. You further agree to indemnify and hold us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (PRP Diagnostic Imaging indemnified parties) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these terms by you, or the infringement by you, or other user of this using your user name and password, of any intellectual property or other right of any person or entity.
These indemnities are subject to the provisions of this agreement under the headings “Limitation of our Liability”.