Welcome to the Virtual Pre-admission Clinic Platform of Renewable Anaesthesia Technologies Pty Ltd (ABN: 90 667 871 187) ("we", "us" or "Virtual PAC").
This Virtual Pre-admission Clinic Platform is located at virtualpac.health and includes all of the files located in that domain ("Virtual PAC Platform").
1. AGREEMENT TO VIRTUAL PAC END USER TERMS
1.1 Access
By accessing this Virtual PAC Platform, you agree to be bound by these terms of use ("Virtual PAC End User Terms") which you expressly agree to as part of your first use of the Virtual PAC Platform. These Virtual PAC End User Terms constitute a binding agreement between you and Virtual PAC and govern your use of the Virtual PAC Platform and the services available thereon.
1.2 Guardians
Where you are accessing the Virtual PAC Platform as a guardian or otherwise representative of someone else, then ‘you‘ refers to both you as the guardian and the individual for whom you are guardian. You hereby warrant that you are so authorised to be that individual’s guardian or representative with full authority to agree to this agreement including to provide Virtual PAC with any data or information you do provide on their behalf.
1.3 Privacy Policy
As part of these Virtual PAC End User Terms, your use of the Virtual PAC Platform is also subject to our Privacy Policy (located at https://www.virtualpac.health/legal) which is incorporated by reference into these Virtual PAC End User Terms.
1.4 Privacy Obligations
Each party must comply with all applicable privacy laws including the Privacy Act 1998 (Cth) in relation to any personal information that is collected, stored, used, disclosed or otherwise dealt with under or in connection with this Agreement.
2. USE AND SHARING OF DATA
2.1 You agree that you understand that by using the Virtual PAC Platform that information you provide will be shared with your anaesthetist and their staff (Your Anaesthetist) who invited you to use this platform.
2.2 You agree that information and data you provide will be stored by Virtual PAC and that Virtual PAC may use the information you provide for the purposes of providing the Virtual PAC service to you and Your Anaesthetist including providing Your Anaesthetist with your information and data.
2.3 Virtual PAC agrees that it will only use your data in accordance with the terms of this Agreement, our Privacy Policy, or otherwise only with your consent
2.4 You hereby grant Virtual PAC a limited revokable licence to the data you provide to Virtual PAC under this agreement for the purposes set out in clause 2.
3. RESTRICTIONS ON USE
3.1 Prohibited conduct
Your use of the Virtual PAC Platform is subject to the rules set out in Schedule 1 below.
3.2 Violations of these Virtual PAC End User Terms
Without limiting any other remedies available to Virtual PAC at law or in equity, Virtual PAC reserves the right to, without notice:
· temporarily or indefinitely suspend, or terminate, your access to the Virtual PAC Platform or refuse to provide services to you if:
- you breach any provision of these Virtual PAC End User Terms including the rules set out in Schedule 1;
- Virtual PAC is unable to verify or authenticate any information that you provide to us; or
- Virtual PAC believes that your actions may cause damage and/or legal liability to Virtual PAC, any of its licensors or any other person; and
· remove or block access to any information and/or materials (in whole or in part) that Virtual PAC, at its discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Virtual PAC End User Terms.
3.3 Indemnity
You indemnify, defend and hold harmless Virtual PAC and its officers, employees, contractors and agents from and against any claims, losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
· Any third party claims arising from your use of, or connection to, the Virtual PAC Platform; or
· your negligence or misconduct, breach of these Virtual PAC End User Terms or violation of any law or the rights of any person in connection with the Virtual PAC Platform.
(“Claims”)
You are not liable to the extent any Claims are caused or contributed to by Virtual PAC’s wrongful act or negligent or wilful breach of these Virtual PAC End User Terms or to the extent they could have been reasonably mitigated by Virtual PAC.
4. INTELLECTUAL PROPERTY
4.1 Copyright
In these Virtual PAC End User Terms, the term "Proprietary Content" means:
· the Virtual PAC Platform;
· all of its content (including all of the text, graphics, logos, trade marks, images, designs, software, data, sound and video files and other information contained in the Virtual PAC Platform, and the selection and arrangement thereof); and
· all software, systems and other information owned or used by Virtual PAC in connection with the products and services offered through this Virtual PAC Platform (whether hosted on the same server as the Virtual PAC Platform or otherwise).
All Proprietary Content is the property of Virtual PAC or its licensors (as applicable such as in relation to the practice exam questions) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Virtual PAC End User Terms or with the prior written consent of Virtual PAC or other copyright owner (as applicable).
4.2 Trade marks
Virtual PAC’s logo and associated logos, marks, symbols and designs are trade marks of Virtual PAC. The look and feel of the Virtual PAC Platform are trade dress of Virtual PAC. Virtual PAC’s trade dress and trade marks may not be used, copied or imitated, in whole or in part, without the prior written consent of Virtual PAC.
4.3 Copyright claims
If you believe that our Virtual PAC Platform contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on the Virtual PAC Platform to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. Virtual PAC take all such reports seriously and will endeavour to consider and respond to any such notice within a reasonable time. However, noting that Virtual PAC may need to contact and seek response from the party who provided that material or link to Virtual PAC before we can substantively respond to a notification.
5. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, Virtual PAC and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Virtual PAC Platform and any services accessed or obtained through the Virtual PAC Platform, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.
The Virtual PAC Platform is provided strictly on an "as is" basis. To the maximum extent permitted by law, Virtual PAC and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Virtual PAC Platform or any of its content, and in particular while Virtual PAC seeks to ensure that the following is true it does not warrant or guarantee that:
· the use of the Virtual PAC Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
· the Virtual PAC Platform will meet your requirements or expectations;
· the quality of any products, services, information or other material purchased or obtained through the Virtual PAC Platform will meet any particular requirements or expectations;
· errors or defects will be corrected; or
· the Virtual PAC Platform or the servers that make it available are free of viruses or other harmful components.
This disclaimer does not affect Virtual PAC’s liability and nothing in this Agreement limits either party’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the Australian Consumer Law or other law.
6. LIMITATION OF LIABILITY
6.1 Exclusion of liability
To the maximum extent permitted by law and subject to clause 6.2 , Virtual PAC and its officers, employees, agents, and consultants exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract or equity, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Virtual PAC End User Terms or the use of the Virtual PAC Platform by you or any other person.
6.2 Limited liability
To the extent, any claim relates solely to a warranty or guarantee which could not be excluded under Competition and Consumer Act 2010 (Cth), to the extent possible, the Virtual PAC limits its liability in respect of any claim to, at the Virtual PAC’s option:
i) the supply of the services again; or
ii) the cost of having the services supplied again.
6.3 Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Virtual PAC End User Terms, Virtual PAC excludes liability for any delay in performing any of its obligations under these Virtual PAC End User Terms where such delay is caused by circumstances beyond the reasonable control of Virtual PAC, and Virtual PAC shall be entitled to a reasonable extension of time for the performance of such obligations.
7. GENERAL
7.1 Interpretation
In these Virtual PAC End User Terms, the following rules of interpretation apply:
· headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Virtual PAC End User Terms;
· these Virtual PAC End User Terms may not be construed adversely against Virtual PAC solely because Virtual PAC prepared them;
· the singular includes the plural and vice-versa;
· a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
· the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
7.2 Notifications
Virtual PAC may provide any notification for the purposes of these Virtual PAC End User Terms by email.
7.3 Costs
Except as specifically provided in these Virtual PAC End User Terms, each party must bear its own legal, accounting and other costs associated with these Virtual PAC End User Terms.
7.4 Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Virtual PAC End User Terms without Virtual PAC's prior written consent.
Virtual PAC may assign, transfer or sub-contract any of its rights or obligations under these Virtual PAC End User Terms at any time without notice to you so long as that transfer does not materially impact the your rights under this agreement.
7.5 No waiver
Waiver of any power or right under these Virtual PAC End User Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Virtual PAC to act with respect to a breach by you or others does not waive Virtual PAC's right to act with respect to that breach or any subsequent or similar breaches.
7.6 Severability
The provisions of these Virtual PAC End User Terms are severable and, if any provision of these Virtual PAC End User Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.
7.7 Variation
Virtual PAC reserves the right to amend these Virtual PAC End User Terms and any other policy on this Virtual PAC Platform at any time in its discretion and any such changes will, unless otherwise noted, be effective immediately upon notice to you. Your continued usage of this Virtual PAC Platform will mean you accept those amendments moving forward.
You may only vary or amend these Virtual PAC End User Terms by written agreement with Virtual PAC.
7.8 Governing law and jurisdiction
These Virtual PAC End User Terms will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
If you have any questions regarding Virtual PAC Platform including these terms or the Privacy Policy, please contact us at support@virtualpac.health.
Schedule 1 – PROHIBITED CONDUCT
YOU MUST NOT:
· use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Virtual PAC Platform;
· engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
· use this Virtual PAC Platform to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
· use this Virtual PAC Platform to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
· use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Virtual PAC Platform;
· use this Virtual PAC Platform by any automated means;
· use this Virtual PAC Platform to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
· access, retrieve or index any portion of this Virtual PAC Platform for use in constructing or populating any database that is searchable online;
· interfere with the display of any advertisements appearing on or in connection with this Virtual PAC Platform;
· reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Virtual PAC Platform;
· access, reproduce, duplicate, copy or store any of the material appearing on this Virtual PAC Platform other than with the consent of the copyright owner or otherwise allowed by law;
· falsely imply that any other website is associated with this Virtual PAC Platform;
· do anything that leads, or may lead, to a decrease in the value of Virtual PAC's intellectual property rights in this Virtual PAC Platform;
· use or exploit any of the material accessed from this Virtual PAC Platform for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Virtual PAC Platform;
· release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Virtual PAC without Virtual PAC's prior written consent; or
· use this Virtual PAC Platform to transmit any information or material including to Virtual PAC that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trade mark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship, endorsement, guardianship, or membership of a school community);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring Virtual PAC or any of its staff into disrepute.
Version: June 2025