Aura Care Connect Terms and Conditions

1.Terms

1.1These Terms and Conditions apply to your use of Bay Radiology’s online patient pre-arrival and online booking system (Aura Care Connect) and govern the supply of Bay Radiology’s services from time to time (Services). They apply in addition to Bay Radiology’s Website Terms and Conditions and Privacy Policy which are also applicable to you. By using Aura Care Connect and/or our Services you agree to and accept these Terms.

PART A: AURA CARE CONNECT (PRE-ARRIVAL AND ONLINE BOOKING SYSTEM)
2.Information Warranty

2.1You warrant that all information provided to Bay Radiology is true and correct and agree to inform us if any of your details change.

3.Contact Us

3.1If you have any questions regarding your use of Aura Care Connect, please don’t hesitate to contact us. For contact details, please refer to the Contact page on the Bay Radiology website.

4.Your use of Aura Care Connect

4.1You are responsible and liable for all activities that occur through your use of Aura Care Connect or the use of Aura Care Connect by someone else on your behalf. Bay Radiology is not responsible for verifying the accuracy or completeness of information input by you, or on your behalf, into Aura Care Connect.

4.2You acknowledge and agree that Aura Care Connect is not designed for and must not be relied upon in relation to any critical, emergency or acute care circumstances.Aura Care Connect is not a substitute or replacement for independent professional medical advice, diagnosis, treatment or judgment. If you require urgent attention, please don’t hesitate to contact us via our contact details set out in clause 3 above.

5.Bay Radiology Employees

5.1Various Bay Radiology employees (e.g., radiologists, imaging technologists, nurses, and administrative staff) will have access to the information you provide for the purpose of providing Services to you, which may include confirming appointment details via Aura Care Connect.

6.Privacy

6.1Information Bay Radiology collects from you, such as information you submit through Aura Care Connect, or otherwise, will be held in accordance with the Privacy Act 2020, Health Information Privacy Code 2020, Bay Radiology’s Privacy Policy and these Terms.

7.Data Collection

7.1In addition to the information referred to in the Privacy Policy, you authorise Bay Radiology to collect the following information via the use of our Services:

  1. Name;
  2. Date of birth;
  3. Gender;
  4. Address;
  5. Email address:
  6. NHI number;
  7. Health insurance details;
  8. Medical history, test results and other health information including, where relevant to the examination, your family history;
  9. ACC number and relevant information;
8.Data Use

8.1You authorise Bay Radiology to use information supplied by you, or a person authorised by you, or which Bay Radiology has collected through Aura Care Connect for the purpose of:

  1. Administering your radiology record;
  2. Collating analytical data from the information that you provide Bay Radiology and test results Bay Radiology provides you and publishing anonymised and aggregated analytical data, provided that the published data will not specifically identify you;
  3. Contacting you (including via phone, text or email) about services, including booking appointment times;
  4. Recording and following up queries and complaints;
  5. debt collection;
  6. Providing such information to persons who we may be required to pass your information to by reason of legal, governmental or regulatory authority.

8.2Bay Radiology will not sell, distribute or share your data / personal information to a third party except as provided for in these Terms, the Privacy Policy or where otherwise authorised by you.

9.Data Input

9.1You are responsible for ensuring all data you, or a person authorised by you, input into Aura Care Connect is accurate.

10.Data Ownership

10.1You are the owner of all data you input into Aura Care Connect. You authorise the use of such data in accordance with clause 8.

11.Availability

11.1Bay Radiology will use reasonable efforts to ensure consistent availability of Aura Care Connect but cannot, and does not, guarantee that access will always be available, be uninterrupted, secure or error free.

12.Booking Appointments

12.1All bookings for appointment times are subject to Bay Radiology’s availability.

13.Indemnity

13.1You must indemnify Bay Radiology for any loss caused as a result of a breach by you, or any third party using Aura Care Connect on your behalf, of these Terms.

PART B: TERMS OF TRADE
14.Price

14.1Unless agreed otherwise in writing, any price we give you for Services is an estimate (Estimate) on a GST inclusive basis of the anticipated cost for us to complete those Services. The Estimate is subject to clause 14.2 below.

14.2Notwithstanding any Estimate given, you will pay to us our actual cost of completing the Services (Actual Cost).

14.3The Actual Cost and all prices are inclusive of GST and other taxes which are payable by you in New Zealand dollars unless we have agreed in writing that other terms apply.

15.Payment

15.1Payment for the Services (and any associated expenses and disbursements) is due at the time of your examination except where we have agreed that other terms will apply (Due Date).

15.2If payment is not made on the Due Date, you will be liable to pay all expenses and legal costs incurred by us as a result of your default in payment, including debt recovery costs or charges of a debt collection agency. We may apportion payments to outstanding accounts as we see fit.

15.3Notwithstanding clause 15.2, if payment is outstanding for 7 days from the Due Date, we may suspend providing the Services on credit until the date of payment in full (subject always to clause 15.4). You must pay in cash for any Services supplied by us until payment is made in full (together with any accrued interest).

15.4We may notify you at any time that we have ceased to provide the Services on credit. This cessation does not relieve you for amounts owing up to the date on which the contract is terminated.

16.Limitation of Liability

16.1Except as set out in these Terms or as provided in any separate written agreement signed by us, any and all conditions, guarantees, warranties or representations which might otherwise be implied by law, trade, custom or otherwise are expressly excluded to the maximum extent permitted by law. In particular, the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.

16.3To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, such liability is limited to the Actual Cost or set price (as the case may be).

16.4Further to clause 16.3, if we are found liable for whatever reason and you and/or a third party engaged by you has contributed to the loss or damage, we will only be liable to the proportional extent of our contribution.

17.Dispute Resolution

17.1Where any dispute arises in connection with these Terms the complaining party must promptly give full written particulars of the dispute to the defaulting party. The Parties must then endeavour to meet and resolve the dispute in good faith.

17.2Where any dispute remains unresolved within 20 working days of written particulars being given, either party is free to seek resolution of the dispute by whatever means available at law.

18.Amendments

18.1Bay Radiology reserves the right to amend or replace these Terms from time to time. Your continued use of Bay Radiology’s services, including Aura Care Connect, following such amendments being placed on the website will represent an agreement by you to be bound by such terms as amended.

19.General

19.1If any provision of these Terms is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and the remaining provisions shall continue in full force.

19.2If we delay or do not exercise any of our rights or remedies under these Terms, that will not be a waiver of the right or remedy.

19.3These Terms are governed by the laws of New Zealand and subject to the exclusive jurisdiction of the Courts of New Zealand.

20.Definitions and Interpretation

20.1In these Terms, unless the context requires otherwise:

  1. Reference to "Bay Radiology" "we", "our" and "us" means Bay Radiology Limited, NZBN 9429038816161.
  2. Reference to "you" and "your" means the patient engaging our Services.
  3. "Terms" means these terms and conditions as may be amended by us from time to time.
  4. A reference to a party or person includes any form of entity whether incorporated or not and their respective successors, assigns or representatives.