Terms of use and disclaimer
Please read these Terms of Use carefully before using this website.
The https://bgos-allurion.com.au/ website (“Website”) is owned and operated by LITTLE PEKE HEALTHCARE PTY LTD ACN 641 877 198 (“Brisbane General and Obesity Surgery”). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these Terms of Use and elsewhere on the Website.
Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use, Privacy Policy and the Disclaimer.
If you do not accept these Terms of Use you must refrain from using this Website.
Since you are bound by these Terms of Use, you should periodically refer to them in this document which we will update from time to time.
For the purposes of these terms and conditions, “us”, “our” and “we” refers to Brisbane General and Obesity Surgery and “you” and “your” refers to you, the client, visitor, Website user or person using our Website.
This Website uses cookies. By using this Website and agreeing to these terms of use, you consent to the use of cookies.
1. Amendment of Terms
We may change the Terms of Use from time to time by publishing an updated version of this Website. By continuing to use the Website you will be deemed to accept the updated Terms of Use and agree to be bound by them. Please check these terms regularly prior to using our Website to ensure you are aware of any changes.
2. Content and Intellectual Property
All copyright and other intellectual property rights subsisting in the Website and the material on the Website (including, without limitation, the software, design, text and graphics comprised in the Website and the selection and layout of the Website) are owned by us and protected by the laws of Australia and other countries.
We expressly reserve all copyright and trademark rights in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these terms.
You are authorised to view the Website and its contents using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.
3. Exclusion and Limitation Of Liability
It is an essential pre-condition to you using our Website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the Website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable.
The Competition and Consumer Act 2010 (Cth) and other legislation in Australia may confer rights and remedies on you in relation to our provision of goods and services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). We do not exclude any Non-excludable Rights but do exclude all other conditions and warranties implied by custom, law or statute to the extent that we are able to do so.
Except as provided for by the Non-excludable Rights:
3.1 All content is provided ‘as is’ and without warranties of any kind, either express or implied;
3.2 We expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
3.3 We do not warrant that the functions contained in any content on the Website or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of viruses or any other harmful components;
3.4 We do not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any content on the Website in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
3.5 you (and not us) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content on the Website;
3.6 Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website. You expressly acknowledge and agree that we may not exert control over users of the Website or other parties or websites referred to on the Website (including but not limited to individuals referred to on the Website as guests and/or experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct;
3.7 We are not liable for any loss or damage to the extent that it is caused by you; and
3.8 To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the Website.
It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Links to Other Websites
We may from time to time provide on its Website, links to other Websites, advertisements and information on those Websites for your convenience. In this Website, any frames, links or other references to other websites, persons or information are produced solely for convenience. Those references are not an endorsement of those parties or their products or services. We do not warrant the accuracy or suitability of any information contained in this or any other website.
Our Website may contain information or advertisements provided by third parties for which Brisbane General and Obesity Surgery accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
5. Disclaimer
The information contained in this Website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
For more detail, please read our Website Disclaimer carefully as it contains our medical information disclaimer.
6. Your Privacy
Our Privacy Policy sets out how we will manage your personal information and other information. In this policy ‘your information’ means your personal information, as defined under the Privacy Act 1988 (Cth). For parents, your child’s information will be treated in the same manner as ‘your information’ is treated throughout this provision.
Depending on your particular circumstances, we may collect and hold a range of different information. We are committed to protecting your privacy. We use your information to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
We may collect your information in a number of ways, including directly from you (such as where you provide information to us or contact us with a query or request, from our records or from publicly available sources of information. If you choose not to provide certain information about yourself, we may not be able to provide you with the services of information you require.
We will not collect personal information that would be unlawful, unnecessary or unrelated to our business.
We may disclose your information as required or authorised by law, including to law enforcement and national security agencies, and other government and regulatory authorities, or to third parties who assist us to manage or develop our business. We do not intend to disclose your information to third parties outside of Australia.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our Website servers.
7. Third Parties
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our Website and services but not for any other use.
8. Warnings
You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
9. Indemnity
We rely on your continued observance of these Terms of Use and the Disclaimer. If we suffer any loss or damage (whether direct or indirect) or incur any costs in connection with a breach of these Terms of Use or any other legal obligation then you agree to indemnify use for those losses, damages and costs.
10. Out of Hours
In the event that our office is closed, we recommend that you contact one of the available public health services at 13 HEALTH (13 43 25 84) and is available 24 hours a day, 7 days a week.
In an emergency always dial Triple Zero (000).
11. Whole Agreement
These Terms of Use represent the whole agreement between you and us concerning your use and access to the Website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
12. Exclusion of Unenforceable Terms
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
If there is any inconsistency between these Terms of Use and any other terms displayed on individual pages of the Website, the other terms will govern to the extent of the inconsistency.
13. Jurisdiction
This agreement and this Website are subject to the laws of Queensland and Australia. If there is a dispute between you and us that results in litigation then you must submit to the jurisdiction of the courts of Queensland.
14. Rights Reserved
All rights vesting in us which are not expressly granted in these Terms of Use are reserved.
If you have any queries or concerns about our Terms of Use or any of the information on the Website, please contact us: admin@brisbanegosurgery.com.au.
Disclaimer
This Disclaimer is to be read in conjunction with our Terms of Use and Privacy Policy . If you continue to browse and use this Website you are agreeing to comply with, and be bound by the following disclaimer, together with our Terms of Use and Privacy Policy.
The information contained in this Website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
Medical Information
The material and content on this Website is for general information and educational purposes only. Whilst we have exercised due care in ensuring the accuracy of the content contained on this Website, the information is not specific and does not take into account your personal circumstances.
You understand and acknowledge that you are responsible for your own medical care, treatment and oversight. The content on the Website does not constitute the provision of medical advice and is not intended to be a substitute for professional medical advice, diagnosis or treatment.
Nothing contained in this Website is intended to be used or treated as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any disease or medical condition nor should it be used for therapeutic purposes or as a substitute for your own health professional’s advice. The content is intended to provide guidance and assistance for some symptoms that may be experienced from time to time pursuant to a procedure but the information is indicative only and not meant as a comprehensive list for all or any particular patient or individual.
Given that medical information is constantly changing, the information on this website or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Whilst we endeavour to update the content, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information and any content is therefore strictly at your own risk. You need to make your own enquiries to determine if the information is appropriate for your intended use and suitable to your particular condition. Before relying on any content, you should obtain your own professional medical advice to ensure it is relevant to your specific circumstances.
In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, which may result of any use or reliance on the content provided on or use of this Website.
If you have any queries or concerns about our disclaimer or any of the information on the Website, please contact us at: admin@brisbanegosurgery.com.au.
Privacy Policy
This privacy policy sets out how LITTLE PEKE HEALTHCARE PTY LTD ACN 641 877 198 ("Brisbane General and Obesity Surgery") will manage your personal information and other information.
In this privacy policy "your information" means your personal information, as defined under the Privacy Act 1988 (Cth) ("Privacy Act"). For parents, your child's information will be treated in the same manner as "your information" is treated throughout this Privacy Policy.
1. Information collected by Brisbane General and Obesity Surgery
Depending on the particular circumstances, Brisbane General and Obesity Surgery may collect and hold a range of different information about you. This can include your name, date of birth, Medicare details, health information (including information relating to your lifestyle, medical history, medications, family history, occupation and treatments), contact details (including address, email address, phone number or mobile telephone number), and financial information (such as credit card or bank account numbers). The kinds of personal information we collect depends upon the nature of our relationship with you.
In most cases we will only collect credit information about you if you disclose it to us. Our usual purpose for collecting, holding, using and disclosing credit information about you is to enable us to process payments for the medical services.
This policy does not apply to acts and practices that relate directly to the employee records of our current and former employees.
2. How Brisbane General and Obesity Surgery will collect your information
Brisbane General and Obesity Surgery may collect your information in a number of ways, including:
· directly from you (such as where you provide information to Brisbane General and Obesity Surgery when you retain our services or visit the Website or contact Brisbane General and Obesity Surgery with a query or request)
· from other health service providers including hospitals, clinics and other healthcare professions if they have referred you or are involved in your care
· from publicly available sources of information
· from Brisbane General and Obesity Surgery’s own internal records
If you choose not to provide certain information about yourself, Brisbane General and Obesity Surgery may not be able to provide you with the services or information you require.
3. How Brisbane General and Obesity Surgery will hold your information
Brisbane General and Obesity Surgery may store your information in hard copy or electronic format, in storage facilities that Brisbane General and Obesity Surgery owns, or that are owned and operated by third party service providers.
Brisbane General and Obesity Surgery takes the privacy and security of your information seriously and Brisbane General and Obesity Surgery is committed to maintaining the security of your information under Brisbane General and Obesity Surgery’s control.
Brisbane General and Obesity Surgery uses a combination of technical solutions, security controls and internal processes protect your information from unauthorised access and disclosure.
While Brisbane General and Obesity Surgery takes these steps to maintain the security of your information, you should be aware of the range of information security risks that exist today and take appropriate care to help safeguard your own information.
4. Purposes for which Brisbane General and Obesity Surgery will collect, hold and use your information
Brisbane General and Obesity Surgery may collect, hold and use your information for a range of different purposes, including
· to provide services to you, to provide you with information about those services, to assist you with enquiries, or to provide you with better health services;
· to coordinate and/or communicate with you and healthcare providers involved in your care;
· to procure additional healthcare services on your behalf (such as referrals to other providers or obtaining second opinions);
· to improve or develop services, or to perform research and analysis.
· to liaise with your health fund, Medicare, the Department of Veterans’ Affairs, Department of Health or another payer or contractor of services;
· to fulfil regulatory and public health requirements, including liaising with regulatory or health authorities, as required by law;
· to administer and manage the services Brisbane General and Obesity Surgery provides to you, to charge and bill you for them, and to collect any amounts you may owe Brisbane General and Obesity Surgery; and
We will not collect personal information that would be unlawful, unnecessary or unrelated to our business.
5. When Brisbane General and Obesity Surgery will disclose your information
Brisbane General and Obesity Surgery may disclose your information:
· as required or authorised by law, including to law enforcement and national security agencies, and other government and regulatory authorities
· to other Healthcare service providers or other relevant parties involved in your care or requesting services on your behalf (including for the purpose of obtaining second opinions or making referrals, on your behalf, for specialist medical services)
· to third parties who assist Brisbane General and Obesity Surgery to manage or develop Brisbane General and Obesity Surgery’s business; or
· for the purposes of facilitating or implementing a transfer/sale of all or part of Brisbane General and Obesity Surgery’s assets or business
Brisbane General and Obesity Surgery does not intend to disclose your information to third parties outside of Australia.
6. Overseas disclosure of the information
We will not disclose your personal information to overseas entities unless you expressly advise us to, apart from the offsite storage of our information or to the extent that it is necessary or desirable to make such disclosure to obtain payment of money owed to us.
7. Links to other websites
The Website may contain links to other websites. These links are meant for your convenience only and we are not responsible for the privacy practices of these other websites. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. This privacy policy applies solely to information collected by this website and we recommend that you refer to the privacy policies of each other website a link may take you to.
8. Cookies
Brisbane General and Obesity Surgery's website may employ the use of cookies in order to monitor the usage levels relating to Brisbane General and Obesity Surgery's website and to monitor which features of Brisbane General and Obesity Surgery's website are most frequently accessed. Using cookies allows Brisbane General and Obesity Surgery to constantly enhance its website in order to make it more user friendly.
Most web browser software allows you to block cookies if you choose to do so.
9. Your email Address and the Spam Act
Brisbane General and Obesity Surgery is fully compliant with the Spam Act 2003 (Cth) and Brisbane General and Obesity Surgery will not send you promotional material if you do not want it sent to you. Brisbane General and Obesity Surgery will not forward your email address to any third parties without your express permission.
10. How to access or correct your personal information or make a privacy complaint
If you wish to access any of your personal information that Brisbane General and Obesity Surgery holds or would like to correct any errors in that information, please contact Brisbane General and Obesity Surgery using the contact details set out at the contact page .
You may also use these contact details to notify Brisbane General and Obesity Surgery of any privacy complaint you have against Brisbane General and Obesity Surgery, including if you think that Brisbane General and Obesity Surgery has failed to comply with the Australian Privacy Principles (APP)
Brisbane General and Obesity Surgery will investigate any complaints received in writing and endeavour to respond to your complaint within 14 days of receipt of the complaint.
While Brisbane General and Obesity Surgery will use its best endeavours to address any complaint that you may have, if you are unsatisfied in the manner in which Brisbane General and Obesity Surgery deals with your complaint, you may also be able to lodge a complaint with a relevant regulator such as the Australian Information Commissioner (www.oaic.gov.au).
11. About this Policy
This policy has been issued by Brisbane General and Obesity Surgery, effective as at July 2022. From time to time, Brisbane General and Obesity Surgery may need to change this policy.
Brisbane General and Obesity Surgery will post the updated version here and it will apply to all of your information held by Brisbane General and Obesity Surgery at the time.
If you would like to complain about a breach of the APP, you may contact our Privacy Officer by emailing admin@brisbanegosurgery.com.au or telephone (07) 3153 6633 and ask to speak to our Privacy Officer.