Terms of Use (Our Services and Website)

These Terms of Use apply to the Spot Check Clinic Pty Ltd as trustee for the Spot Check Trust, ABN: 53 791 423 734 (“us”, “we”, or “our”) websites (spotcheck.clinic, www.spotcheck.clinic, spotcheck.online and citymedical.com.au) (Our Website) and services used or accessed by you whether you access them through Our Website or obtain services in person at our clinic. Collectively, the provision of our various professional skin lesion services offered via Our Website or in person at our clinic are our services (Our Services).

These Terms of Use also apply to the content or material contained on Our Website, accessed via links from Our Website or that we provide to you, including health information, publications, fact sheets, news and alerts (Our Information).

In these Terms of Use, use of the terms ‘Spot Check Clinic’, ‘we’, ‘us’ and ‘our’ refers to Spot Check Clinic as the owner of Our Services and the provider of Information, and the terms ‘you’ and ‘your’ refer to the user or viewer of Our Services or the user of Information.

Persons under the age of 18

Our Services are not designed for access or use by persons under the age of 18. As such, we do not provide Our Services to any person under the age of 18 (Minor) without the consent of a parent or legal guardian. If you are a Minor and seek a service similar to the service we provide through Our Services, you should ensure you give us the consent of your parent or legal guardian.

Deemed acceptance

It is intended that these Terms of Use are legally binding on you and us. By accessing or using Our Services (including Information), you are deemed to accept these Terms of Use, which together, with our Privacy Policy for a binding contractual agreement with you.

We may change Our Services, Information or these Terms of Use at our discretion and without notice. By continuing to use Our Services or access Our Information, you accept the Terms of Use as they apply from time to time.

Your use of Our Services and access to Our Information and any dispute arising out of such use of Our Services is subject to the laws of Victoria. If you do not agree with these Terms of Use, we cannot provide Our Services to you. Moreover, if you do not agree with these Terms of Use and you are visiting Our Website, you should navigate away from Our Website immediately.

Supply of Spot Check Clinic services

Spot Check Clinic provides skin health services. This is done via Our Website or when you visit our clinic. Services provided via our website and other online services are to help you monitor and track your skin over time, inform you about the health of your skin, provide you with the opportunity to assess the risk profile of your skin, assist you in determining when you need to obtain a more specialised professional medical advice (such as an in-person consultation) or medical procedures, and to provide treatment(s) and/or referrals for the management of skin cancers, lesions and conditions.

Our Services are intended to provide a risk indication for the most common types of skin cancer of a specific spot on the skin. Based on the assessment, Our Services provide further recommendations such as a telehealth consultation or an in-person consultation. In cases of a potential health risk, Our Services provide feedback to you about the preferred next step to take.

As part of Our Services, we perform checks on the photos you upload to us or that we take of your skin at our clinic. We will inform you about our findings by sending you a message to the email address that you have provided to us or provide you with access to a third-party storage and retrieval service provider with our findings. Sometimes, when we are not able to get in touch with you via your email address, we may try to get in contact with you via the phone number(s) you provided to us, including the numbers of emergency contacts you have provided us.

If you intend to engage us to provide Our Services to you via our online portal or via a third-party provider, we recommend that you carefully read the instructions associated with the photographing and uploading of photos of your skin. We reserve the right not to provide Our Services to you unless you follow our instructions on Our Website for the provision of Our Services. For instance, we reserve the right not to provide Our Services to you and you will not be our patient, if you:

• Send unsolicited photos of a skin lesion to us by email or any other way;
• Do not submit your photos of a skin lesion via our online platform provided to you as part of Our Services;
• Do not pay for Our Services at the time you upload your photos via our online platform;
• Attempt to solicit Our Services from any country other than Australia; and
• Do not indicate your acceptance of these Terms of Use and our Privacy Policy.

Provision of information about you

You do not need to register or provide us with any information about yourself in order to view Information on Our Website. However, in order for us to provide Our Services to you, we need to collect personal and other information about you. We prefer you to provide this information to us in advance of any consultation you have with us at our clinic.

Any personal data or information provided by you is processed by us in accordance with our Privacy Policy.

In the provision of personal information:

• You agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
• You agree to the terms of our Privacy Policy

As part of your access to and use of Our Services (accessed via Our Website), you may be able to create a personal profile. A personal profile does not necessarily mean that you will have to provide us with any identifying personal information (see our Privacy Policy). To create a profile, you will be required to provide information, including an email address and password. Depending on Our Services you use, you may also be required to provide other information relevant to your circumstances.

General information on our website

Our Information contained in or accessed through Our Website is of a general nature only and is not intended to be used as medical advice.

Our Information may be used to assist you to manage your skin conditions but is not a replacement for professional medical advice. Information we provide is not a substitute for independent professional advice and should not be used as an alternative to professional health care.

You should not disregard professional advice, or delay seeking it, because of any Information we provide you.

Payment for Our Services

Fees including all taxes and charges for Our Services are specified on Our Website or provided in writing on request and must be paid for at a time and in a manner specified by us from time to time. If you do not pay the fees, we reserve the right to suspend or terminate the provision of Our Services to you. If you do not pay the fees you are not our patient and we have no legal or medical obligation to consider your skin health condition.

All fees are payable even if the delivery of Our Services is interrupted or cannot proceed because you have not complied with your obligations under these Terms (for example you do not have access to the internet to retrieve results).

Disclaimer of warranties in relation to Our Information

While Our Information is subject to Spot Check Clinic’s quality assurance processes, Our Information is also subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparing Our Information. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and/or availability of Our Information. In addition, no representation or warranty (express or implied) is made that Our Information will meet your health or medical requirements.

While we provide general health information, the circumstance of each individual will differ. If after considering Our Information, you do not request Our Services or if you do not obtain proper professional medical advice about your skin condition, you are responsible for your own judgment about your skin lesions. It is up to you to carefully evaluate the currency, completeness, accuracy, reliability, suitability and relevance of Our Information on Our Website.

Our Information is provided on an “as is” and “as available” basis. We disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding Our Information, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that you use Our Information at your own discretion and risk and that you will be solely responsible for any loss or damages (including personal injury or death) that results from the use of Our Information.

Disclaimer of liability and indemnity in relation to our information

To the maximum extent permitted by law, Spot Check Clinic expressly disclaims all liability (including for negligence) for any loss, damage, injury, expense or costs incurred by you arising out of accessing, downloading, using or relying on any of Our Information including, but not limited to, circumstances where:

• There are acts or omissions of third-party service providers that we use in the provision of Our Services;
• Our Information is used for a purpose for which it is not intended;
• Our Information contains errors, omissions or inaccuracies;
• You are unable to obtain consistent, reliable and uninterrupted access to Our Website;
• There is damage or interference to your computer, mobile device or any other piece of hardware, software, equipment or device, or your mobile data that arises in connection to your use of Our Services;
• You rely on an interpretation or opinion stated in, or which may be inferred from Our Information; or
• Inaccurate information is available from any websites accessed via a link on Our Website.

In no event will we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if you have been previously advised of the possibility of such damage.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

As a condition of your access to and use of Our Website and/or the use of Our Information, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

• Your access to and use of Our Website, Our Services and Our Information; and
• Your violation of these Terms of Use and any applicable law or the rights of another person or party.

Delivery and refunds for our services

When you use Our Services we may arrange for our written opinion and/or assessment (Our Assessment) to be delivered to you via our Third-Party Service (see Third-Party Services). We aim to provide you with Our Assessment within 2 business days of receiving accurate information about yourself and satisfactory photographs of your skin lesion.

You may experience a delay in the delivery of Our Assessment if you do not provide accurate information about yourself and/or if you do not provide satisfactory photographs of your skin lesion.

The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the ACL requires that goods must be free of defects and do what they are meant to do. Services must be carried out with care and skill. These rights, which the ACL says automatically apply whenever goods or services are supplied to a consumer, are called consumer guarantees (Consumer Guarantees). Under the ACL, these Consumer Guarantees cannot be excluded. You are entitled to a replacement or refund for a major failure in the delivery of Our Services to you.

These Terms of Use are subject to the ACL and we do not limit your ACL rights in any way. To the extent permitted by law, our liability for failure to comply with Consumer Guarantees required by Part 3-2 of the ACL is limited to the supply of services again.

Delivery and refunds for product orders

If you order a product from us via Our Website(Product Order), we will confirm your Product Order by email to you after you have completed the online checkout and paid for your Product Order. We generally fulfil and send your Product Order to you within a few days of receiving your Product Order. Product Orders are sent by Australia Post to the address you give us when you checkout your card and pay for your Product Order. Australia Post deliver in accordance with their specified timeframes notified to the public on their website. You should check those delivery times before you finalise your Product Order.

If for any reason you are not completely satisfied with your Product Order we will give you a 14 day money-back guarantee from the time you receive your Product Order. Please contact us within that time if you are not satisfied with your Product Order so that we can resolve any problems that you might have.

This refund policy does not apply to Product Orders which have been used, damaged after receipt, or if any attempt has been made to alter the product or if the product/s have been dropped or broken. All product/s must be returned in their original condition. All postage and insurance costs are to be paid by you.

We recommend that you return the product via registered post and that you pre pay all postage. You assume any risk of lost, theft or damaged goods during transit and therefore we advise you take out shipment registration and/or insurance with your postal carrier. We will not be responsible for products that are lost or damaged in transit.

Third-Party services

Our Services may engage third-party service providers for things such as (this list is not exhaustive):

• Online booking systems;
• Messaging by email, SMS, or other means;
• Collection of personal and medical information;
• Storage of your clinical images, pathology results, diagnosis reports and treatments (including but not limited to Best Practice, HotDoc, DermEngine and MoleScope) (collectively Third-Party Service).

Spot Check Clinic does not specifically endorse any Third-Party Service. Each Third-Party Service has its own terms of service and privacy policy and you should go to the website of each Third-Party Service and read their terms of service and privacy policy.

Copyright

All intellectual property rights in Our Information or Our Services delivered via our online portal, including, but not limited to, text, graphics, architecture and coding (including any copyright subsisting in them), are owned by Spot Check Clinic.

You may access and download Our Information where available, but may not, subject to use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of Our Information or Our Services in whole or in part without the prior written permission of Spot Check Clinic.

Links to other websites

Our Website may contain links to other websites. These links are provided for your convenience only.

Spot Check Clinic does not specifically endorse any organisation, association or entity referred to in, or linked to, Our Website. Views or recommendations provided in linked websites do not necessarily reflect those of Spot Check Clinic and Spot Check Clinic has no responsibility for the content of the linked website(s). It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in linked websites.

You may link to Our Website but permission is restricted to making a link without any alteration of Our Information. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from Our Website unless express prior written permission has been obtained from Spot Check Clinic.

In no event are you permitted to use Our Information to sell a product or service, or to increase traffic to Our Website or any other website, application, publication, online or offline content for commercial reasons, such as advertising sales. Spot Check Clinic reserves the right to prevent linking to Our Website at any time.

Using Our Services

Our Services may prompt you to select or provide us with certain information, such as your age and gender. Under Australian Privacy Legislation, you have the right to obtain services anonymously or using a pseudonym. Notwithstanding this, you acknowledge that the information you select or provide us must be correct in order for us provide to you Our Services. We will not be responsible if you select incorrect variables or provide us with misleading, inaccurate or incorrect information about yourself. This includes information selected or entered with the intention of providing you with anonymity or pseudonymity.

You are responsible for supplying us with accurate data and information about yourself at all times and modifying any of your information immediately when changes occur.

We do not promise that you will have continuous and uninterrupted access to Our Website or that Our Website or Our Services will be free of any harmful code, virus, or other malware. We are not responsible for any interference or damage to your device or computer.

Appropriate usage and responsibilities

You must not use Our Website, Our Information or Our Services for any fraudulent or inappropriate purposes. You agree not to promote the unauthorised use of a third-party or to encourage the third party to use any portion of Our Website, Our Information or Our Services to transmit or upload any content that is against the law, abusive, unauthorised, harassing, obscene, slanderous, virus-containing, or is otherwise distasteful as reasonably determined by us.

You agree not to resell, reproduce or take advantage of any part of Our Website, Our Information or Our Services by robot, spider, other automated device, or manually to monitor or duplicate any content without our express written permission.

You agree not to conduct the following:

• Sell, resell, rent or lease any content, marks, or services within Our Website;
• Store, transmit infringing, libellous, unlawful, indirect material, or in violation of third-party privacy rights data;
• Store or transmit malicious codes;
• Interfere with the performance of Our Website, services or any third-party data; or
• Try to gain unauthorised access to Our Website, services or any related systems.

Specific prohibition

You agree not to engage in any type of activity that negatively affects the purpose or intention of Our Website, including, but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of Our Services, in whole or in part, by, among other methods mentioned or not mentioned, subscribing another person or party without their authorisation.

You must not:

• Upload, post, publish, comment, email, reproduce, distribute or otherwise transmit any information (including any review of Our Services or persons associated with delivering Our Services to you) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, untrue, or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts about us, our employees or contractors;
• Upload, post, publish, comment, email, reproduce, distribute or otherwise transmit any content (including any review of Our Services or persons associated with delivering Our Services to you) that victimises, harasses, degrades, or intimidates us, our employees or consultants on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way;
• Upload, post, publish, comment, email, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Impersonate any person or entity, falsely state or otherwise misrepresent affiliation with a person or entity;
• Forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this website;
• Intentionally or unintentionally violate any applicable local, state or national law; and
• Harvest, collect or store information about other clients of Our Services.

System requirements

Some services available through Our Services will require your computer, telephone, internet access, device and associated equipment to meet certain technical levels (System Requirements) in order to receive Our Services. Spot Check Clinic Australia takes no responsibility for problems associated with or arising from your inability to access or receive Our Services due to your equipment or internet speed not meeting the System Requirements.

Security, viruses, errors and availability

The internet is an insecure public network which means there are risks that information sent to or from us may be intercepted, corrupted or modified by third-parties. In addition, files obtained from or through us may contain computer viruses, disabling codes, worms or other devices or defects. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks and Spot Check Clinic is not liable for any interference with, or damage to, your computer system, device, software or data occurring in connection with Our Services.

Notice

Using Our Services or visiting Our Website, sending us photos and other information about yourself through Our Services, emailing us, and completing forms (whether online via Our Website or at our clinic) constitute electronic communications. By using Our Website or Our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Website.

You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an email is sent, or three (3) days after the date of posting any letter. As proof of service, it is sufficient that:

• For letters, the letter was properly addressed, stamped and placed in the post; and
• For emails, the email was sent to the specified email address.

Termination

We may suspend or terminate your access to Our Website and refuse to provide you any of Our Services if you breach these Terms, we suspect or become aware that you have provided false or misleading information to us and/or we believe in our sole discretion that your actions may cause legal liability for you.

We will not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with this clause.

Force majeure

We will be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms of Use, where this arises out of circumstances beyond our control, including but not limited to:

• Acts of God;
• Natural disasters;
• Pandemic;
• Epidemic;
• Sabotage;
• Accident;
• Riot;
• Shortage of, damage to, inability to access or reduced functionality of supplies, equipment, and materials;
• Strikes and lockouts;
• Civil unrest;
• Computer hacking; or
• Malicious damage.

No waiver

If we fail, at any time, to insist upon strict performance of your obligations under these Terms of Use, or if we fail to exercise any of the rights and remedies under these Terms of Use, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.

If we waive a default, it does not constitute a waiver of any subsequent defaults.

No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.

Severability

If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.

Updates to these terms

We reserve the right, in our discretion, to correct any errors or omissions in any part of Our Website and Our Information. We may restrict access to parts or the entirety of Our Website and Our Services at any time, including, but not limited to, Our Information, certain features and Our Services, hours of availability, and equipment needed for access or use, without notice or liability.

Our Information and any material on Our Website may be out of date at any given time and we are under no obligation to update such material.

We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms of Use, in whole or in part, at any time. Notification of the changes to these Terms of Use will be posted on Our Website and will be effective immediately, unless expressed otherwise.

It is your sole responsibility to periodically check these Terms of Use for any changes. If you do not agree with any of the changes that we make to these Terms of Use, you should navigate away from Our Website and stop using Our Services. Your continued use of Our Website and Our Services will be deemed as your acceptance of these Terms of Use as amended by us from time to time.

We may assign or sublicense any of our rights or obligations under these Terms of Use at any time, without obtaining your consent.

These Terms of Use were last updated on 28 December 2023.