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Conditions of use

Website Usage Terms and Conditions

DicomShop.com online store allows you to save time and money by ordering your Radiology, Cardiology and other medical imaging software/products online. Placing an order with DicomShop.com indicates your acceptance of the following Terms and Conditions.

Email Address and Personal Information

Our email marketing is permission-based and our records show that you have opted in to receive email from us. We will only send you information relevant to what you signed up for.

DicomShop.com considers registration information private and maintains that the safekeeping of your Email Address and Personal Information are your responsibility. We are not liable for any unauthorised use of your Email Address and Personal Information.  Please also see our Privacy Policy here.

Customer Queries

If you have a question about your purchase or any general enquiry, send through an email and we will get back to you within 48 hours. Please note that we do not open on Australian Public Holidays or weekends.

Product Disclaimer

With respect to products sold on the site, DicomShop.com makes no representations or warranties, either expressed or implied, of any kind, except as expressly stated herein. In no event shall DicomShop.com, its directors, shareholders, officers, employees and representatives be liable for any direct, indirect, consequential, special, exemplary or other damages related to the product sold.

DicomShop.com aims to include in the Product List up-to-date pictures of the goods. At times, the picture of the goods on the Product List may differ from the goods actually supplied to you. DicomShop.com does not warrant the accuracy of the information contained in the Product List and recommends that you read the Labels on Goods carefully before consumption.

Out of Stocks

DicomShop.com will endeavour to ensure that all goods ordered by you are supplied to you. However, please be aware that our inventory can fluctuate throughout the day due to sales demand, so an item indicated as “stocked” when you place your order may, in fact, be out of stock. Unfortunately, we cannot process back-orders, so in this event, we will make every effort to contact you by email or phone immediately to notify you of the lead time. In this circumstance we will also offer you the option to cancel the order in return for a full refund.

Order Changes or Cancellations

As we strive to process orders quickly, there is no refund offered for change of mind buyers. All orders are automatically processed on our secure merchant facility and this process incurs irreversible fees. Under special circumstances if you wish to cancel an order, a full refund will be issued, minus any transaction and/or other applicable fees incurred by DicomShop.com due to the cancellation of your order. If you should make a mistake when ordering, please contact us immediately and if your order has not yet been dispatched we will try to accommodate your request.

Pricing Policy

DicomShop.com is carefully monitored by our staff to provide customers with competitive pricing. Product prices are dynamically updated by our in-house purchasing system when price changes are received from our suppliers. All of our prices are in United States Dollar (US$) or Australian Dollars (AU$) depending on the currency you have selected (US$ is our main currency). Prices are displayed exclusive of GST (Goods and Services Tax) and GST will only be charged to Australian customers.

Termination

The terms of this Agreement remain effective even if terminated by either party. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice, subject to applicable law. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

SOFTWARE LICENCE AGREEMENT

BETWEEN: DicomShop.com having its office at Level 32, 1 Market Street, Sydney, NSW, 2000, Australia (the “Licensor);
AND: Purchasing Company (the “Licensee).

RECITALS:

  1. The Licensor has the right to Licence the Software and the Materials.
  2. The Licensee wishes to use the Software and the Materials.
  3. The Licensor has agreed to Licence the Software and the Materials to the Licensee and the Licensee accepts the Licence on the following terms and conditions.

THE PARTIES AGREE:

1. LICENCE

1.1 The Licensor grants non-exclusive and non-transferable Licence to the Licensee to Use the Software and Materials on and from the date of this Agreement for the Permitted Purpose.
1.2 The Licensee may not assign the Licence.
1.3 The Licensee may not subLicence the Licence. The Licensee is not permitted to adapt/modify the code.
1.4 The Licensee is not permitted to reverse engineer, disassemble or otherwise endeavour to obtain the source code from the object code.
1.5 An agreement must be made in most circumstances between the Licensee and Licensor in regards to the amount of user(s) that can simultaneously use the software. The Licensee is to assume that all downloadable software is for one (1) Personal Computer (PC) and one (1) user only. Most software is limited to two (2) downloads from DicomShop.com user account (Licensee DicomShop.com user account). If the Licensee wishes to Use the Software over this limit, the Licensee will obtain the Licensor’s permission in writing and the Licensor reserves the right to charge an additional Licence fee. Trial software is for limited use and is typically useable for five (5) usages or fifteen (15) – thirty (30) days access for usage (this will be stated in product listing for the trial software on the DicomShop.com website). By downloading, signing up or linking to the Licensors trial software, the Licensee agrees to the stated trial usage terms on the product listing on the DicomShop.com website.
1.6 Any variation to the agreement will be listed on the product listing on the DicomShop.com website. The Licensee when agreeing to this software Licence agreement accepts that they have read all details on the product-listing page and agree to these terms as a variation or additive to the agreement.

2. TERM OF LICENCE

2.1 The parties acknowledge that the Licence is perpetual as set out in Clause 1.1.
2.2 The Licensor holds to right to cancel the use of software licence if the Licensee is not following these terms of agreement or other terms setout on the product listing on the DicomShop.com website.
2.3 Some software/product usage will be permitted for a daily, week, fortnight, month, year bases etc. and this will be agreed up in a separate agreement between the Licensor and Licensee. Any variation to the agreement of Licence terms will be listed on the product listing on the DicomShop.com website. The Licensee when agreeing to this software Licence agreement accepts that they have read all details on the product-listing page and agree to these terms as a variation or additive to the term of Licence agreement.

3. LICENCE FEE

3.1 The Licensee will pay the Licensor the fee as set out on the DicomShop.com product listing and shopping cart (payment through PayPal) or as per a separate agreement with the Licensor.
3.2 The Licensor for any additional and agreed fees between the Licensee and Licensor will provide a tax invoice.

4. INTELLECTUAL PROPERTY

4.1 The Licensee must not alter, remove or obscure any trademark or copyright symbol or legend or other proprietary mark on the Software and the Materials.

5. CONFIDENTIAL INFORMATION

5.1 The Licensee acknowledges and agrees that the Software and the Materials contain Confidential Information belonging to the Licensor and in some cases the Licensee.
5.2 The Licensee agrees to disclose the Software and Materials only to its employees and contractors who need to access such information so that the Licensee can exercise its rights and obligations under this Agreement.
5.3 The Licensee undertakes to obtain signed deeds of confidentiality from any contractor who needs access to the Software and Materials.

6. INSTALLATION & ACCEPTANCE TESTING (when required – downloadable software is to be installed by the Licensee and not the Licensor unless a separate agreement is made and signed)

6.1 The Licensor will install the Software on the Licensee’s equipment and will conduct all relevant acceptance testing, and the Licensor will inform the Licensee by Verbal Notice (or on occasion Written Notice) when the acceptance testing is complete. The Licensor will allow the Licensee to be present at any acceptance testing.
6.2 The parties agree that the acceptance tests to be performed for the Software will include functionality, compatibility, resilience and reliability.
6.3 The Licensee will supply all consumable items such as printer paper, printer cartridges, and discs as are reasonably required to support the acceptance testing program. If any such items are required over and above a reasonable amount, the parties agree to determine at such time which party will provide the additional items.
6.4 Where during acceptance testing the Licensor encounters any malfunction, defect or suspected error, the Licensor will correct any such malfunction, defect and suspected errors.
6.5 Where there is unreasonable delay due to the Licensor correcting malfunctions, defects and errors, the Licensee agrees to extend any period for acceptance testing to accommodate such delays and any additional costs arising directly from such delays will be borne by the Licensee. Where any delay has been caused by power failure, air conditioning failure, force majeure or other cause outside the control of the Licensee, the Licensor will bear any additional costs so arising.
6.6 Where the Licensor has conducted acceptance testing and has provided Verbal Notice (or on occasion Written Notice) that such testing is complete, the Licensee will issue a Written Acceptance as soon as practicable and in any case within One Week from receipt of the Licensor’s Verbal Notice. If the Written Acceptance is not issued within this period, the Licensee will be taken to have accepted the Software.
6.7 If the Licensor has notified the Licensee that acceptance testing is complete and the Licensee disputes the validity of such acceptance testing, the parties agree to resolve the dispute in a separate agreement if the expectation of the Licensee are reasonable and the disputes are valid against the product description on the DicomShop.com website or in this agreement.

7. LICENSOR REPRESENTATIONS & WARRANTIES

7.1 The Licensor represents and warrants that it has the right to Licence the Software and the Materials to the Licensee.
7.2 The Licensee’s Use of the Software and the Materials will not infringe the rights including Intellectual Property Rights of any third party.

8. LICENSEE WARRANTIES, OBLIGATIONS & ACKNOWLEDGEMENTS

8.1 The Licensee warrants that it has not relied upon any representation made by the Licensor other than as set out in this Agreement and on the DicomShop.com website product listing description.
8.2 The Licensee is not permitted to sell, charge, mortgage or otherwise encumber the Software and/or the Materials in any way.
8.3 The Licensee acknowledges that, subject to Clause 1, it has no Intellectual Property Rights in the Software and/or the Materials.
8.4 For the purposes of installing the Software, the Licensee will give the Licensor all reasonable access required to it premises and during ordinary business hours on work days to enable the Licensor to carry out its obligation. The Licensee acknowledges that such access may cause interruption and disruption to its business whilst such installation is being carried out.
8.5 Where the Licensor has agreed to acceptance test pursuant to Clause 6, the Licensee undertakes to give free and reasonable access to the Licensor to enable the Licensor to perform its obligation.
8.6 The Licensee acknowledges that the Licensor gives no guarantee as to the accuracy or completeness of the Software and the Materials nor that they are free from error.
8.7 The Licensee is solely responsible for the use, supervision, management and control of the Software and the Materials.
8.8 The Licensee will ensure that the Software and Materials are at all times protected from access, use or misuse and damage and destruction by any person not authorised by either the Licensor or the Licensee and the Licensee will notify immediately if it becomes aware of any unauthorised use of the Software and/or Materials.

9. LIMITATION OF LIABILITY

9.1 To the fullest extent permitted by law, the Licensor expressly disclaims all implied warranties and conditions, including without limitation implied warranties as to merchantability, fitness for purpose of the Software and Materials.
9.2 To the extent that any liability of the Licensor under the Trade Practices Act 1974 (Cth) cannot be excluded, the Licensor’s liability is limited to replacing the Software and/or Materials.
9.3 Where the Licensor has agreed to install or install and acceptance test the Software, to the fullest extent permitted by law the Licensor makes no representation or gives any warranty in respect of the provision of the services except that it will carry out the service competently, professionally and to the best of its ability having regard to the terms of this Agreement.
9.4 To the extent that any liability of the Licensor under the Trade Practices Act 1974 (Cth) cannot be excluded, the Licensor’s liability is limited to either the supply of the services by the Licensor under these terms and conditions again or the payment of the cost of having another person provide again to the Licensee similar services as the services supplied by the Licensor under these terms and conditions.
9.5 To the fullest extent permitted by law, the Licensor excludes all liability for indirect and consequential loss including without limitation the loss or corruption of the Software, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind arising from this Agreement or the provision of any services by the Licensor.

10. INDEMNITY

10.1 The Licensee indemnifies and holds harmless the Licensor and promises to keep the Licensor indemnified against any loss, claim, action, settlement, award, judgment, expense or damage of whatsoever kind or nature and howsoever arising that the Licensor might suffer as a result of any inaccuracy of the Software and/or the Materials including any unauthorised use of the Software and/or Materials by the Licensee.

11 SOURCE CODE IN ESCROW

11.1 The parties agree that source code is not required to be placed in escrow.

12 TERMINATION

12.1 Where the Licensee fails to perform any of its obligations set out in this Agreement, the Licensor reserves the right to immediately terminate the Licence with Notice to the Licensee.
12.2 Either party may terminate this Agreement having immediate effect by Notice to the other party if the other party:
        a) breaches any provision of this Agreement and fails to remedy the breach within twenty-one days (21) days of receiving Notice requiring it to do so;
        b) is wound up, has an administrator appointed to it, a receiver appointed to any of its assets, enters into any arrangement, assignment or composition with any of its creditors or any of them or becomes insolvent; and/or
        c) ceases to carry on its business or where there is any effective change in the control of or ownership of that business.
12.3 Subject to Clause
12.4 on termination the parties agree that all rights granted to the Licensee under this Agreement will cease immediately and the Licensee will return all Software and Materials provided under this Agreement. If requested by the Licensor, the Licensee will provide Notice to the Licensor stating that the Software and Materials have been returned, destroyed or otherwise dealt with as the case may be as directed by the Licensor.
12.5 Following termination, the parties agree that the provisions set out in Clauses 5 (Confidential Information), 7.1 (Licensor warranty), 8.1 (Licensee warranty), and 9 (Limitation of Liability) will continue to be binding.

13 NOTICES

13.1 Any Notice given pursuant to this Agreement must be in writing, signed by an officer of the sender, addressed to the recipient at the address, facsimile number or email address set out below or to such other address, facsimile number or email address as a party may from time to time notify in writing to the other:

14 DISPUTE RESOLUTION

14.1 In the event of a dispute arising between the parties in respect of any right or obligation under this Licence, each party covenants with the other in good faith to take all steps necessary to attempt to resolve the dispute.
14.2 In the event that the parties are unable between themselves to resolve a dispute within a reasonable period having regard to the nature of the Licence and the dispute, then either party may apply to their local State/Territory Alternative Dispute Resolution centre for resolution of the dispute under the ADRoIT Principles.

15 GENERAL PROVISIONS

15.1 (Law and Jurisdiction) This Agreement shall be governed by and construed in accordance with the laws of New South Wales and any claim made by one party against the other in any way arising out of this Agreement will be heard in New South Wales and the parties submit to the jurisdiction of those Courts.
15.2 (Relationship) Nothing in this Agreement will constitute or be deemed to constitute a partnership, joint venture or agency between the parties.
15.3 (Entire Agreement) The terms of this Agreement constitute the entire terms of this Agreement and all understandings, prior representations, arrangements or commitments that are not contained in this Agreement have no effect whatsoever and do not bind the parties.
15.4 (Waiver): No waiver of any right or remedy will be effective unless in writing and shall not operate as a waiver of that right or remedy or any other right or remedy on a future occasion.
15.5 Implied Terms): Any implied term under law that can be excluded is hereby expressly excluded and no term is to be implied as being a term of this Agreement unless by law it cannot be excluded.

16 INTERPRETATION

16.1. Definitions:
“Agreement” means this Licence agreement including any amendments in writing.
“Confidential Information” means all information in whatsoever form that is:
      a. marked or identified as “Confidential”, “Secret”, “Not to be Disclosed” or “Private”;
      b. is designated, described or referred to by the discloser in any document or
      c. correspondence as confidential, secret or private or not to be disclosed;
      d. the receiving party knows or ought to know is confidential;
but does not include any information which prior to the date of this Agreement was lawfully in the public domain or which the discloser has published, circulated or announced publicly or was developed by the receiving party independently of the disclosing party.
“Intellectual Property Rights” means all rights in copyright, circuit layout, designs, trade marks, patents and all other rights in intellectual property as defined in Article 2 of the World Intellectual Property Organisation (WIPO) Convention whether registrable, registered, patentable or not.
“Licence” means the software Licence granted by the Licensor to the Licensee in Clause 1.
“Materials” means the documentation provided by the Licensor to the Licensee and including the operating manuals and other relating to the Software and includes updates to those materials. “Permitted Purpose” means the purpose set out in this agreement or in the product listing on DicomShop.com.
“Software” means the computer program/s provided by the Licensor and includes any updates provided by the Licensor during the term of this Agreement.
“Tax Invoice” means an invoice that is GST (Good and Services Tax) compliant.
“Use” means use/load, run, and store.

EXECUTED as an Agreement by the parties on the day and year first mentioned on your invoice and upon pusing the 'Confirm' button on our checkout.

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