Platform terms for Radiology Expertly.

Welcome to Radiology Expertly. We provide a cloud-based platform where you can access radiology training and education resources, including practice questions and study notes.

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent, such as your employer. When we say we, us, or our, we mean Radiology Expertly Pty Ltd (ACN 694 692 245).

These Terms form our contract with you and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. A list of defined words appears at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email info@radiologyexpertly.com.

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy on our website, which sets out how we handle your personal information;
• clause 1.3 (Variations), which sets out how we may amend these Terms;
• clause 4 (Subscription), which sets out important information about your Subscription, including whether you can cancel your Subscription and whether your Subscription auto-renews; and
• clause 11 (Liability), which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit, which may include a referral fee or a commission, should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

Some Content on our Platform may be generated, enhanced, or personalised by artificial intelligence systems, including generative AI and large language model technologies. While we implement human oversight processes conducted by qualified reviewers and maintain appropriate commercial licences for source materials where required, AI technology has inherent limitations and may produce errors, inaccuracies, biases, or incomplete information.

You acknowledge and agree that:

• AI-generated Content may appear convincing but may contain misinformation or be contextually inappropriate for medical practice;
• generated Content should not be relied upon without appropriate human review and independent clinical verification;
• you are solely responsible for evaluating and verifying the accuracy and clinical appropriateness of any AI-generated Content before relying upon it; and
• AI-generated Content does not replace independent clinical judgment or professional reasoning.

Subject to your Consumer Law Rights, all AI-generated Content is provided “as is” without warranties of accuracy, completeness, or fitness for any particular medical or educational purpose.

We make no guarantees regarding the accuracy, completeness, or suitability of AI-generated Content for examination preparation, clinical decision-making, or professional development.

The Content does not constitute medical advice, treatment recommendations, diagnoses, or clinical guidance of any kind. Our Platform provides radiology training and educational resources to support learning and examination preparation but is not endorsed by any medical college, the Australian Health Practitioner Regulation Agency (AHPRA), or any other regulatory or professional body. You must not rely on our Content as a substitute for proper medical training, supervision, or professional judgment. We do not warrant that our Content meets the specific requirements of any particular medical college, examination body, or training program.

These Terms apply from when you sign up for an Account until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

You must be at least 16 years old to use our Platform.

Variations: We may amend these Terms at any time by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification, whichever date is earlier, you agree to the amended Terms. If you do not agree to the amendment, you may close your Account and cancel your Subscription with effect from the date of the change by providing written notice to us. If you cancel your Subscription, you will no longer be able to access our Services on and from the date of cancellation, and if you have paid Subscription Fees upfront, you will be issued a pro-rata refund based on the portion of the Subscription Period remaining.

While users are not required to provide verified medical registration details or demonstrate current AHPRA registration to access our Platform, you acknowledge and warrant that our Content is designed for individuals with appropriate medical training and background knowledge, that you have sufficient medical education to understand and appropriately contextualise the Content, that you will not use our Platform if you lack the necessary medical background to safely interpret the Content, and that you understand our Platform does not replace formal medical education, clinical supervision, or professional training programs.

Subject to your compliance with these Terms, we will provide you with access to our Platform.

Where we require access to your premises or computer systems in order to provide our Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.

We will not be responsible for any other services unless expressly set out in these Terms or on our Platform.

Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services to be scoped and priced in a separate contract provided by us.

Third Party Products or Services: Where you engage third parties to operate alongside our Services, such as third-party software systems you wish to integrate with our Platform, those third parties are independent of us and you are responsible for the goods or services they provide unless we expressly agree otherwise.

You must sign up for an Account in order to access and use our Platform.

While you have an Account with us, you agree to:

• keep your information up-to-date and ensure it remains true, accurate and complete;
• keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
• notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

Once you have created your Account, you must choose a Subscription. The Subscriptions we offer will be set out on our Platform, including details of each Subscription’s features and limitations, Subscription Fees and Subscription Periods.

During the Subscription Period, you will be billed for the Subscription Fees on a recurring basis, as set out on our Platform.

Your Subscription can be upgraded or downgraded at any time through your Account. Changes take effect immediately. Upgrades are charged on a pro-rata basis, and downgrades are credited against your Subscription Fees in your next Billing Cycle.

You will be billed for any Subscription Fees due at the beginning of each Billing Cycle. Our payment methods will be set out on our Platform. If you choose to pay through a third-party payment processor, you may need to accept their terms and conditions.

You must not pay, or attempt to pay, any Subscription Fees by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account in accordance with your chosen Subscription, and you confirm that you are either the holder or an authorised signatory of that bank account.

Cancellation: Your Subscription continues for the Subscription Period and will not automatically renew at the end of the Subscription Period. If you wish to sign up for a new Subscription at the end of the Subscription Period, you may do so through your Account.

Late Payments: If any Subscription Fees are not paid on time, we may suspend your access to our Services and charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly.

Trial Periods: When you first sign up for an Account, we may offer you the option to try a Subscription out for free for the period set out in our offer. At the end of this free trial, you will lose access to our Platform unless you purchase a Subscription before that time.

Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes, unless we are required by law to collect these on your behalf.

While you have an Account, we grant you a right to use our Platform, which may be suspended or revoked in accordance with these Terms. This right cannot be passed on or transferred to any other person and, if you have a Subscription, will also be subject to the conditions of your Subscription.

You must not:

• access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights, or gives rise to any civil or criminal liability;
• interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;
• introduce any viruses or other malicious software code into our Platform;
• use any unauthorised or modified version of our Platform, including for the purpose of building similar or competitive software or obtaining unauthorised access to our Platform;
• attempt to access any data or log into any server or account that you are not expressly authorised to access;
• use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
• circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
• access or use our Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

While we strive to always make our Services available to you, we do not make any promises that they will be available 100% of the time. Our Services may be disrupted during certain periods, including as a result of scheduled or emergency maintenance.

Our Services, including our Platform, may interact with or rely on products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

We own all intellectual property rights in our Services, including our Platform. This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission, including by reverse engineering or attempting to discover source code, and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

We own or have licences to all content displayed on our Platform. You do not have any ownership rights in any Content on our Platform. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view the Content solely for your own personal use.

Unless expressly authorised by us or these Terms, you must not:

• circumvent or disable any content protection system or technical protection measure used in our Platform or the Content;
• copy or modify, in whole or in part, any of the Content;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or otherwise commercialise the Content to any third party; or
• breach, or allow any third party to breach, any intellectual property rights in the Content.

We may use any feedback or suggestions that you give us in any manner we see fit, including to develop new features, and no benefit will be owed to you as a result of our use of that feedback or suggestions.

When you use our Services, we may create anonymised statistical data from your usage of our Services, for example through aggregation. Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make your data or identity identifiable.

While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This includes ensuring that employees, contractors, professional advisors or agents only have access to confidential information on a need-to-know basis and also agree not to misuse or disclose it.

Either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

We collect, hold, use and disclose any Personal Information you provide to us in accordance with our privacy policy and applicable privacy laws.

You must only disclose Personal Information to us if you have the right to do so, such as having the individual’s express consent.

We may need to disclose Personal Information to third parties, such as our related companies or our service providers, including IT and administrative service providers and our professional advisors.

Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with that information within the timeframes reasonably requested.

You grant us a perpetual, irrevocable, worldwide, royalty-free right and licence to use, process, analyse and incorporate any data, information, content or materials provided by you or generated through your use of our Services to train, develop, improve and enhance our AI systems.

You agree that:

• we may use AI systems trained using your data to provide services to other users and for our business purposes;
• we will only use aggregated and de-identified versions of your data for AI training purposes and will implement reasonable security measures to protect such data;
• any improvements or enhancements to our AI systems resulting from the use of your data will be owned exclusively by us; and
• this right to use your data for AI training purposes survives the termination of these Terms.

We will not use your Personal Information in identifiable form to train AI systems, except as permitted under our privacy policy and applicable privacy laws.

You warrant that any content you submit does not contain confidential patient information or breach any professional confidentiality obligations.

In some jurisdictions, you may have guarantees, rights or other remedies provided by law. These Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law. If our Platform is not ordinarily used for personal, domestic or household use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost of having our Services resupplied.

To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with your computing environment, including hardware, software, information technology and telecommunications services and systems, or any use of our Services by a person or entity other than you.

Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

• neither we nor you are liable for any Consequential Loss;
• a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions or inactions of the other party, including any failure by the other party to mitigate its loss;
• where our Services are not ordinarily acquired for personal, domestic or household use or consumption, in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited, at our discretion, to supplying the Services again or paying the cost of having the Services supplied again; and
• our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Subscription, to AU$1,000.

We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services, such as the unauthorised sharing of login details for our Platform. If we suspend your access, we will let you know within a reasonable time and work with you to resolve the matter. If it cannot be resolved, we may terminate your Account and your access to our Services will end.

We may terminate these Terms, meaning you will lose access to our Services, including your Account, and any Subscription will be cancelled, if:

• you fail to pay your Subscription Fees when they are due;
• you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
• you breach these Terms and that breach cannot be remedied; or
• you experience an insolvency event, including bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement.

You may terminate these Terms if we breach these Terms and do not remedy that breach within 14 days of you notifying us, or if we breach these Terms and that breach cannot be remedied. If you have paid Subscription Fees upfront, you will be issued a pro-rata refund of any unused Subscription Fees based on the portion of the then-current Subscription Period remaining.

You may also terminate these Terms at any time by notifying us through your Account or to our email for notices, and if you have a Subscription, termination will take effect at the end of your current Subscription Period. Termination will not affect any other rights or liabilities that we or you may have.

Assignment: You may not transfer or assign these Terms, including any benefits or obligations you have under them, to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

Disputes: Neither party may commence court proceedings relating to any dispute, controversy or claim arising from or in connection with these Terms unless we and you first meet in good faith to resolve the dispute. This does not prevent either party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the dispute is not resolved at that initial meeting, then where you are resident or incorporated in Australia, the matter must be referred to mediation administered by the Australian Disputes Centre in accordance with its Guidelines for Commercial Mediation. Where you are not resident or incorporated in Australia, the matter must be referred to arbitration administered by the Australian Centre for International Commercial Arbitration, conducted in Melbourne, Victoria, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations, including our Services, if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

Governing law: These Terms are governed by the laws of Victoria, and any matter relating to these Terms is to be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.

Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

Marketing: You agree that we may send you electronic communications about our products and services. You may opt out at any time by using the unsubscribe function in our electronic communications.

Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

Survival: Clauses 7 to 12 will survive the termination or expiry of these Terms.

Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit, which may include a referral fee or a commission, should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which goods or services or website links, if any, we receive a benefit from by featuring them on our Platform.

Account: means an account accessible to the individual or entity who signed up to our Services.

Consequential Loss: includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort, indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services will not constitute Consequential Loss.

Liability: means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment, whether under statute, contract, equity, tort, indemnity or otherwise, however arising and whether direct or indirect and/or present, unascertained, future or contingent.

Personal Information: means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether it is recorded in a tangible form or not.

Platform: means our cloud-based platform that we provide you with access to as part of the Services.

Services: means the services we provide to you, as detailed in clause 2.1.

Subscription: means the Subscription plan you have chosen through our Platform, which you use to access certain features and benefits.

Subscription Fees: means the fees you pay to us to access your chosen Subscription.

Subscription Period: means the duration of your Subscription, such as monthly, annually, or as otherwise set out on our Platform.