Terms of Service

Suro Health Pty Ltd (ACN 110 446 234)

These Terms of Service (Terms) apply to the use of Suro Health Pty Ltd’s (ACN 110 446 234) and their related bodies corporate and associated parties (Suro Health, we, us and our) website and govern the services provided by Suro Health and/or Dr Vikram Goel as an independent contractor (referred to as he, his or him) to and use of this website by Suro Health’s and/or Dr Vikram Goel’s clients, referrers and other service providers, as the context requires (referred to as you) sub-contracting work to us/him. In using this website, you agree to be bound by these Terms and all policies published by us on this website from time to time (Policies). If you do not accept these Terms or any of our Policies, you must refrain from using this website and engaging our services. These Terms must be read in conjunction with any other applicable terms and policies governing the use of this website.

Application of these Terms

These Terms apply from the earlier of the date you either:

• sign these Terms or otherwise indicate your acceptance of these Terms in any written or electronic form
• request us to commence provision of our services
• use this website

and will apply to all subsequent service requests made by you

Our Services

Suro Health/Dr Vikram Goel offers medico-legal evaluation, medico-legal reporting and other associated services. For the purposes of medico-legal evaluation and reporting, we meet and assess examinees referred to us/him by third parties via face to face consultations or telehealth consultations which are audiovisually recorded. Audio-visually recording appointments appears to be current best medico-legal practice as it provides incontestable evidence of the content and proceedings of an appointment. The recordings are stored on a secure network and their only purpose is for quality assurance in the event a complaint is made about the appointment.

We/he will ensure our services are provided with due care and skill. If you are concerned about the quality or any other aspect of our services, please contact us/him.

You acknowledge that our/his services are intended to be independent. This means the outcome of an assessment may not necessarily be the outcome expected or desired by you or your examinee, and may be against your or the examinee’s interests. We/he are/is entitled to rely on information provided to us/him by you or your examinee in providing the services, and we/he are/is not required to independently verify that information.

Appointments

If you wish to engage our/his services, you may book an appointment by contacting us/him directly.

It is your responsibility to ensure that your examinee attends appointments made by you and you must obtain your examinee’s consent:

• to attend the appointment
• for the examinee to be the subject of our services;
• for the collection by us/him of relevant personal information from or about the examinee;
• for the provision of our/his report about the examinee to you.

Appointments may be cancelled or rescheduled by giving us/him at least three working days’ prior notice. If an appointment is cancelled with less than three working days’ notice, a cancellation fee may be payable.

This website contains details of materials and information that examinees must bring to appointments. You must ensure your examinee complies with those requirements and cooperates with us/him generally in the provision of the services. If the examinee fails to bring necessary materials or information, or does not cooperate with us/him, this may result in the need to cancel and/or reschedule the appointment, and you must pay our/his cancellation fee for the appointment.

Fees

You agree to pay our fees for the services we/he provide as set out in our quotation(s), this website or otherwise agreed between you and us/him. Details of applicable fees are available on request. Unless otherwise stated, our/his fees are expressed exclusive of GST, which is payable in addition. Fees are due and payable within 5 days of invoice. If our/his invoices are not paid by their due date, then in addition to any other rights, we/he may withhold the provision of reports or information, or suspend or cancel the provision of further services.

Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or liability implied in these Terms or protected by law to the extent that such exclusion, restriction or modification would render these Terms or any provision of these Terms void, illegal or unenforceable. Subject to that, you agree that Dr Vikram Goel as an independent contractor or Suro Health, its officers, employees and agents shall have no liability to you or your examinee arising from the provision of our/his services for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, or loss of expected claim or benefit or any other intangible losses (whether or not we/he were or should reasonably have been aware of the risk, and whether or not arising from negligence).

Without affecting the other limitations in this section, you agree that our/his total aggregate liability to you for any claim by you or any examinee in relation to our/his services or use of our website will not exceed the fee charged by us/him for the services concerned.

You agree that Suro Health/Dr Vikram Goel shall under no circumstances be liable for any delay or any performance failure by whatever means which results either directly or indirectly from acts of nature, forces or causes which are beyond the reasonable control of Suro Health/Dr Vikram Goel, including without limitation to internet failures, computer failure, telecommunication failure, equipment failure of any kind, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour and/or materials, floods, fires, explosions, storms, illness, accidents, acts of God, government action, war, orders of domestic or foreign courts and tribunals, and the non-performance of any third party.

You agree that you waive all and any tort claims that arise through any act or omission against Dr Vikram Goel/Suro Health, its officers, employees and any agents now or at any time within eight years of the date of your last dealings with Dr Vikram Goel/Suro Health. The relationship between you and Dr Vikram Goel/Suro Health shall be contractual in nature only.

Indemnification

You agree to defend, indemnify and hold harmless Dr Vikram Goel/Suro Health, its directors, officers, employees, or agents from and against all claims, losses, damages, costs and expenses relating to your use of our/his services, including any claim against us/him by you, your examinee or any third party or relating to our reliance on or use of any information provided to us/him by you or your examinee.

Negative Comments / Slander

You agree not to engage in any negative comments or slander regarding Dr Vikram Goel/Suro Health or any person associated with Suro Health, including but not limited to publishing, or causing to be published, complaints or any derogatory comments related directly or indirectly to Dr Vikram Goel/Suro Health or any person associated with Suro Health in any format. Should there be a breach of this condition you agree that Dr Vikram Goel/Suro Health shall be entitled to liquidated damages at a rate which will be decided upon for any perceived or real loss to commercial activity, for each and every posting and day or days that the posting remains active and visible to any person. Dr Vikram Goel/Suro Health shall also be entitled to litigate the breach of this condition and obtain financial damages and any injunctive reliefs found to be necessary.

No exclusivity

You agree that Dr Vikram Goel/Suro Health, its directors, officers, employees, or agents can provide its services to any client/s and that we/him do not have any exclusive arrangement/agreement with you preventing him/us from providing his/our services to any parties.

Your obligations when using this website

• will not violate the Policies;
• will not post or transmit any material or information which is offensive, defamatory, indecent, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
• will not post or otherwise communicate any false or misleading material or message of any kind;
• will not post, copy, modify, or distribute any other person's content or material without their consent or infringe the copyright, trademark or other rights of any person;
• are responsible for protecting the confidentiality of your password and other login details;
• agree not to impersonate any other person;
• agree to provide current, accurate and up-to-date information about yourself and your examinee;
• agree not to post or transmit any unsolicited advertising or promotional materials or distribute spam;
• agree that any material which you post may be removed by us from this website without notice at any time;
• you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
• use any tool that interferes with the normal functioning of this website;
• use any robot spider, scraper or other automated means to access this website and collect content (including information about others) for any purpose without our express written permission;
• bypass measures used to prevent or restrict access to this website.

Disclaimer

While we/he strive to maintain security of this website, you accept that there are unfortunately sometimesrisks when using online services and you will not hold us responsible for any loss you may suffer when using online services offered on this website.

You acknowledge that this website is offered on an “as is” and “as available” basis and we/he cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. To the extent permitted by law, we/he expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

We/he do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Breach, termination and closing your account

Without limiting other remedies available to us/him at law, in equity or under these Terms, we/he may, without notice to you and in our/his sole discretion (which shall be exercised reasonably, having regard to the circumstances), issue you a warning, restrict your activities through our website, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our/his services to you if:

• you have, or we/he believe that you have, breached these Terms of Use, which includes any of our Policies;
• you have failed to pay applicable fees when due;
• we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us/him, our/his related bodies corporate or affiliates, our directors, employees or agents.

Intellectual Property Rights

We/he retain at all times all title, ownership, and intellectual property rights in and to our/his services and this website, and any modifications thereto. You acknowledge and agree that you are given a limited, personal right to use this website subject to your compliance with these Terms. If you provide us/him with any feedback or suggestions in relation to this website (Feedback), all intellectual rights in the Feedback will vest into us/him immediately upon receipt.

You must not and must not allow any third parties to: (a) duplicate, reproduce, decompile, disassemble, reverse engineer, reverse assemble, reverse compile, or otherwise attempt to derive this website’s source code from the object code; (b) modify, enhance, or create derivative works from this website; and (c) make your account on this website available by sharing password and other login details or otherwise in any form to any person.

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means: (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or (b) commercialise any information, products or services obtained from any part of this website, without our written permission.

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.

If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

• (a) in or as the whole or part of your own trademarks;
• (b) in connection with activities, products or services which are not ours;
• (c) in a manner which may be confusing, misleading or deceptive;
• (d) in a manner that disparages us or our information, products or services (including this website).

You waive all moral rights you have in your content provided to us and Feedback to the fullest extent permitted by law.

Links to third party websites

This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We/he are not responsible for the content or privacy practices associated with linked websites.

Privacy

By using this website, you agree to the collection, transfer, storage and use of your personal information in accordance with our/his Privacy Policy. Both you and us/him must comply with our/his respective obligations under applicable data protection laws.

Entire Agreement

These Terms and Policies constitute the entire agreement between us/him and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Waiver

No right under these Terms shall be deemed to be waived except by our/his notice in writing. If any provision of these Terms is held invalid, unenforceable or illegal for any reason, these Terms shall remain otherwise in full force apart from such provision which shall be deemed deleted.

Assignment

We/he may assign this agreement in our sole discretion upon notice to your nominated email address or by posting such notice on this website.

Jurisdiction

These terms are governed by the law in Queensland and the Commonwealth of Australia respectively. You agree that any claim or dispute you may have against us/him must be resolved by the courts of Queensland and you and us/him both agree to submit to the non-exclusive jurisdiction of Courts of Queensland.

Amendments to Terms of Use

We/he reserve the right to amend these Terms and our Polices from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms and Policies as amended.