Terms Of Use
Last updated August 7, 2024.
Version 3.0
This Terms of Use Agreement (the “Agreement”) is a legally binding contract between you ("User", "you", or "your") and Surgical XR Pty Ltd (“Surgical XR,” “we,” “us,” or “our”), an Australian company. By accessing or using our services, which include medical streaming, educational content, and other related services (collectively, the “Services”), you agree to comply with and be bound by the following terms and conditions.
Acceptance of Terms
By accessing and using our Services, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Eligibility
The Services are intended for use by healthcare professionals, medical device companies, medical students, or others in the medical field in the United States, Australia, and New Zealand. By using the Services, you affirm that you are of legal age and are permitted to access the Services according to the laws of the applicable jurisdiction.
Medical Disclaimer
The Platform provides streaming of medical procedures, simulations, and related educational content for informational and educational purposes only.
Medical Advice
The content provided through the Platform is not intended to serve as medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider regarding any medical condition.
Patient Information
The Platform does not allow the sharing or uploading of any personal health information unless explicitly authorized.
Privacy and Data Security
Surgical XR is committed to protecting your privacy in accordance with the Health Insurance Portability and Accountability Act (HIPAA) in the United States, the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth), and the New Zealand Privacy Act 2020. By using our Services, you agree to our Privacy Policy, which governs how we collect, use, and disclose personal information.
HIPAA Compliance (for U.S. Users)
For users based in the United States, Surgical XR ensures compliance with HIPAA requirements for the protection of protected health information (PHI). We use industry-standard encryption and security measures to protect your PHI. By using our Services, you acknowledge and consent to the transmission and storage of your PHI in accordance with HIPAA regulations.
Australian and New Zealand Privacy Laws
For users in Australia and New Zealand, Surgical XR adheres to the APPs and the New Zealand Privacy Act 2020, ensuring that all personal data is handled with strict confidentiality. We take all reasonable steps to secure your data and prevent unauthorized access or disclosure.
Account Registration
To use certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Intellectual Property
All content available through the Services, including but not limited to videos, graphics, text, and other materials, is the property of Surgical XR or its licensors and is protected by intellectual property laws. You may not copy, distribute, modify, or create derivative works of any part of the Services without prior written consent from Surgical XR.
Prohibited Conduct
When using our Services, you agree not to:
Engage in any unlawful activity or violate any applicable laws or regulations.
Use the Services for any purpose other than its intended use as outlined in this Agreement.
Distribute, stream, or make available any content provided through the Services without authorization.
Upload or transmit any viruses or other malicious code.
Interfere with or disrupt the security or functionality of the Services.
User-Generated Content
Some areas of the Services may allow users to upload or submit content, such as comments, feedback, or other materials (collectively, "User Content"). By submitting User Content, you grant Surgical XR a worldwide, non-exclusive, royalty-free license to use, modify, and distribute such content in connection with the operation of the Services. You retain ownership of any intellectual property rights in your User Content.
You agree not to upload or submit any User Content that:
Violates the intellectual property rights of third parties.
Is defamatory, obscene, or harmful.
Contains sensitive personal data without proper consent.
Confidentiality
Any confidential information, including patient information, obtained through the Services must be treated with the utmost confidentiality and in compliance with applicable laws, including HIPAA, APPs, and the New Zealand Privacy Act. Unauthorized disclosure or misuse of confidential information is strictly prohibited.
Limitation of Liability
To the maximum extent permitted by law, Surgical XR and its affiliates, officers, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.
In jurisdictions that do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, our liability will be limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Surgical XR and its affiliates from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of your use of the Services, violation of this Agreement, or infringement of any rights of another.
Modifications to the Agreement
Surgical XR reserves the right to modify this Agreement at any time. If we make material changes to the Agreement, we will notify you by email or through the Services. Your continued use of the Services after the updated Agreement becomes effective will constitute your acceptance of the changes.
Termination
Surgical XR reserves the right to suspend or terminate your account or access to the Services at any time, for any reason, including for violating this Agreement. Upon termination, you must cease all use of the Services.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of:
The State of Texas in the United States for U.S. users.
The laws of the Commonwealth of Australia for Australian users.
The laws of New Zealand for New Zealand users.
Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in the applicable jurisdiction.
Contact Information
If you have any questions about this Terms of Use Policy, please contact Surgical XR using the below details. As mentioned above, we will address your request without undue delay and in any event within the legally required timeline for your jurisdiction. That period may be extended where possible by local law.
Worldwide requests
Surgical XR Pty Ltd.
Attn: Data Privacy Officer
Suite 203, Level 2 Technology Place, Macquarie University, NSW 2109
This Data Privacy Officer is located in Australia
privacy@surgicalxr.com