No warranties
This website is provided “as is” without any representations or warranties, express or implied. Dr Daryl Cheng makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Dr Daryl Cheng does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
Limitations of liability
Dr Daryl Cheng will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Dr Daryl Cheng has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Dr Daryl Cheng’s liability in respect of any:
- death or personal injury caused by Dr Daryl Cheng’s negligence;
- fraud or fraudulent misrepresentation on the part of Dr Daryl Cheng; or
- matter which it would be illegal or unlawful for Dr Daryl Cheng to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Patient Privacy
Patient health information collected is only used to assist or manage our patients’ with quality health care. Due to Privacy Legislation, we require your consent to collect personal information. This means that we could use the information you provide in the following ways:
- Administrative purposes in running a specialist medical practice: including pre and post consultation calls/emails using contact details and names you provide us
- Billing purposes, including compliance with Medicare and Health Insurance Commission requirements.
- Disclosure to others involved in your medical care, including general practitioners, treating doctors, specialists. This may occur through referral to other doctors, for medical tests and in the reports or results returned to us following the referrals.
- Disclosure to other doctors in the practice, locums and trainee doctors attached to the practice for the purpose of patient care and teaching.
Please let us know if you do not want your records accessed for the above purposes. This will be noted accordingly.
Each parent/guardian are required to read and note the following when presenting as a new patient to our practice:
- I have read the information above and understand the reasons why my information must be collected.
- I am also aware that this practice has a privacy policy on handling patient information.
- I understand that I am not obliged to provide any information requested but failure to do so might compromise the quality of health and treatment provided to me.
- I am aware of my right to access the information collected about me, except in circumstances where access might legitimately be withheld.
- I understand I will be given an explanation in these circumstances.
- I understand that if my information is to be used for any other purpose other than that set out above, my further consent will be obtained.
- I consent to the handling of my information by this practice for the purpose set out above, subject to any limitations on access or disclosure that I notify this practice of.
- I understand that my personal information may go offshore, if I select email as a preferred mode of contact.
Please Note:
Due to the privacy laws, patient test results cannot be given to a third party unless written authorization is obtained or under special circumstances.
Concerns
If you have concerns about the way staff or doctors are handling your privacy please speak to your doctor as appropriate. Patients may also contact the Health Services Commissioner on 1300 582 113 or at www.hcc.vic.gov.au