Updated October 2023

1. Definitions

  1. "Customer" means the person or entity who ordered services provided by Future Zen Pty. Ltd. (Future Zen)
  2. "Customer Service" means the relationship between Future Zen staff and the Customer, with the purpose of assisting the Customer with a question they have asked.
  3. "Service" means the RadZen Cloud Archive cloud solution and it's associated components.
  4. "Future Zen" means Future Zen Pty. Ltd.
  5. "Profile" means the Customer profile information which may be accessed and updated by the Customer when logged into the Service
  6. "Patient" means a person or animal whose medical/veterinary images are stored and made available for viewing on the "Service". A Patient may be associated with one or more Studies.
  7. "Study" means a logical set of images for a Patient that has been stored on the Service.
  8. "Image" means a medical/veterinary image in DICOM format stored on the Service.
  9. "Annotation" means a graphical annotation made to an Image.
  10. "User" means a person who has been given access to view, annotate, share and/or manage images on the Service. This access may be granted by Future Zen at the request of the Customer. The Customer may also grant a User access to Studies explicitly via the User Administration Feature, or implicitly by Sharing a Study with the User.
  11. "Notification" means a notice or reminder message sent to the contact details associated with one or more Users.
  12. "Export" means the feature of the Service that allows a Study to be downloaded in a format specified by the user.
  13. "Share" means the feature of the Service that allows an email to be sent to an email address inviting the recipient to view the images associated with a specific Study. The recipient must register an account with the service if they do not already have one.

2. Acceptance

  1. The Customer signified acceptance of our Terms of Service, as well as our Privacy Policy when they stored images on the Service.
  2. The Customer acknowledges that they are solely responsible for ensuring that use of the Service is in full compliance with this policy, and that they are solely responsible for the data that has been uploaded or entered and distributed.

3. Communication

  1. The Customer agrees to receive emails relating to the Service provided from Future Zen to the email address registered on their profile, or any email address they have requested emails to be sent to.

4. Availability of Services

  1. While Future Zen will endeavour to provide continuous availability of the Service to the Customer, Future Zen will not be liable for any Service interruptions or downtime that is not covered by a Service Level Agreement (where applicable).
  2. Scheduled maintenance will be performed at a time which is deemed suitable by Future Zen, and should it require any Services to be offline for greater than thirty (30) minutes, Future Zen will notify the Customer of details of the scheduled maintenance at least two (2) days prior.
  3. Unscheduled maintenance will be performed as required by Future Zen, and should the Service be offline for greater than thirty (30) minutes, Future Zen will notify the Customer of details of the maintenance and any updates until it has been completed.

5. Customer General Warranties and Undertaking

  1. The Customer warrants that any information supplied to Future Zen is true and correct and will be kept current and up to date on their Service profile page.
  2. The Customer warrants that they and the Users they have granted access will keep all passwords and sensitive information in a secure location and this information is not shared with any other party.
  3. The Customer warrants that at the time of entering into this agreement they are not relying on any representations made by Future Zen, its staff, agents or affiliates, which has not been expressly stated in this agreement.
  4. The Customer agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their account and/or Service. These matters should be referred to the Australian Federal Police or your local law enforcement authorities for investigation as soon as possible.
  5. The Customer warrants that they will not abuse the Service and/or use it to distribute unsolicited emails that may be regarded as spam.
  6. The Customer warrants that they are solely responsible for treating Patient data in compliance with the Australian Privacy Act 1988 (Privacy Act).

6. Future Zen General Warranties and Undertaking

  1. Future Zen shall not be liable to the Customer for harm caused by or related to the Customer's Service or inability to utilise the Service unless caused by gross negligence or wilful misconduct.
  2. Future Zen shall not be liable to the Customer for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.
  3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Future Zen and any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
  4. Future Zen does not warrant that:
    1. The Service provided will be uninterrupted or error free;
    2. The Service will meet your requirements, other than as expressly set out in this agreement;
    3. The Service will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service or any Future Zen system.
  5. Future Zen does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.
  6. In no event will Future Zen be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
  7. Future Zen will not share use or share Customer data or their Patient data with any third-party except for the purpose of delivering the Service.

7. Accounts and Billing

  1. The Service is provisioned and made available at the request of the Customer. An installation fee will be charged for provisioning and setting up the Service and required components. The amount of the installation fee will be advised when the initial offer is made to the Customer.
  2. The Service is billed monthly in advance at the start of each month.
  3. Payment is due 7 days from the date of invoice.
  4. Prices are subject to change. The Customer shall be given 30 days notice of any price changes.
  5. All published prices are exclusive of any government taxes and charges unless otherwise noted.

8. Credit Card Payments

  1. Payments for purchases are processed via the Stripe payment gateway service.
  2. Future Zen does not store or handle any of the Customer's credit details on any of their systems.

9. Refunds

  1. Refunds are not offered but by be given at the discretion of Future Zen.

10. Cancellation

  1. The Customer can request cancellation of their Account for any reason by sending an email to [email protected].

11. Suspension and Termination of Service

  1. Future Zen may suspend or terminate the Service if:
    1. The Customer is found to be in breach of any policy including but not limited to the Terms of Service or any applicable Customer Agreement;
    2. The Customer has disputed payment transactions.
    3. The Customer has made payments that have been suspected to be fraudulent.
    4. The Customer account is in arrears by more than 30 days.
  2. If the Service is suspended or terminated for any reason, Future Zen is under no obligation to provide the Customer with a copy of any data associated with the Service.

12. Data Management

  1. Future Zen makes every reasonable effort to backup and archive the Customer's data on a regular basis for the sole purpose of disaster recovery.
  2. Future Zen is under no obligation to maintain a backup of the Customer's data following the suspension or cancellation of the Service for any reason.
  3. If the Customer chooses to terminate the Service, they will be provided access to download their data for 30 days.

13. Use of Identity

  1. The Customer agrees that the use of any Future Zen logo or company information is within approved marketing guidelines.
  2. Future Zen agrees not to use a Customer name, logos or information without prior written consent of the Customer.

14. Governing Law

  1. The Customer agrees to abide by all local, state and federal laws pursuant to the Service delivered by Future Zen.
  2. The Customer agrees that these and all Future Zen Terms, Policies and Agreements are governed by the laws of Victoria, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.

15. Changes

  1. Future Zen may amend these Terms of Service at any time. Changes to this agreement will become effective upon their publication to our website.
  2. Continued use of the Service constitutes acceptance of the amended terms. If you do not wish to accept the amended terms, you may request cancellation of your Service in line with our cancellation policy found within these Terms of Service.