Adam Diagnostic Lab Terms of Use

Effective 15 September 2021

Acknowledgement and acceptance of terms

Access to and use of the Adam Lab Diagnostic web applications, whether via the Website, Adam Diagnostic Lab appointment application or otherwise, is provided to You subject to these Terms. By accessing or using the Adam Diagnostic Lab Web Application, You agree to be bound by these Terms. If You do not agree with or otherwise do not wish to accept these Terms do not use or access the Adam Diagnostic Lab Web Application, access the Website, install or use the Adam Diagnostic Lab Web Application, or register a Profile.

If You are a minor, You must ask for Your parent or guardian's permission before using or accessing the Adam Diagnostic Lab Web Application.

We reserve the right to amend these Terms at any time. We will notify You of any such changes when You access the Adam Diagnostic Lab Web Application for the first time following the change and will make the latest version available on the Website. Your continued use of the Adam Diagnostic Lab Web Application following the posting or notification of changes will mean You accept and agree to the changes.

These Terms govern:

Your use of the Adam Diagnostic Lab Web Application, regardless of how You access or use the service (for example, whether by the Website or via the Adam Diagnostic Lab Web Application); and

Your use of the Website https://www.adamdiagnosticlab.com/

Adam Diagnostic Lab Web Application

Adam Diagnostic Lab Web Application is a decentralized secure interoperability platform with digital identification products to help You verify Your identity and, if required, may include completing a health record verification check with participating Organizations that You deal with. You can currently use the Adam Diagnostic Lab Web Application via two channels:

via the Website, which You can use to receive health record to a particular participating Organization on a one-off basis without creating a Profile; or by using the Adam Diagnostic Lab Web Application, which requires You to register a Profile so that You can use the Adam Diagnostic Lab Web Application to verify Your identity and your health record again to other participating Organizations or for other transactions in the future.

To use the Adam Diagnostic Lab Web Application, You may be required to have eligible ID Documents verifying Your identity. When You provide information about eligible ID Documents to us via the Adam Diagnostic Lab Web Application, we may use an ID Verifier and confirm whether the details match.

The number and type of ID Documents You need to provide may vary depending on the requirements of the relevant Organization for the particular purpose requiring verification of Your identity. The Adam Diagnostic Lab Web Application will prompt You to provide the ID Documents required in each case.

You may also be required to validate an email address through the identity verification process. This is a check that the email address you have supplied to Us is under Your control.

You must follow the instructions and directions given by us, including those provided via the Website and the Adam Diagnostic Lab Web Application, in order to use the Adam Diagnostic Lab Web Application. Your use of the Adam Diagnostic Lab Web Application will be limited and/or restricted if You do not comply with such instructions. The Website and Adam Diagnostic Lab Web Application have different functionality and limitations as they are intended for use in different circumstances, as described in clause 2.1 above.

Using the Website

If You use the Website, the information You provide may be retained for a limited period to allow You to register a Profile for future use. If You do not register a Profile within the specified timeframe, this information will not be available for Your future use of the Adam Diagnostic Lab Web Application. Information, including details of the ID Documents You submit and whether they have been successfully checked may be retained and accessed by You in accordance with clause 10.

Subject to these Terms, we grant You a non-exclusive, non-transferable licence to use the Website for the sole purpose of using the Adam Diagnostic Lab Web Application.

Using the Adam Diagnostic Lab Web Application

By registering a Profile using the Adam Diagnostic Lab Web Application, details of Your verified identity, Your email and/or health record check will be stored for Your future use. When You use the Adam Diagnostic Lab Web Application to verify Your identity again, information stored in Your Profile can be used to streamline the process, although You may be prompted to provide information from additional ID Documents if required, for example, depending on the organization's requirements for a particular transaction. More details on how information will be stored is set out in clause 10.

Updates and notifications

We may send You service announcements, administrative messages, notification of updated terms and conditions and other information via the Website and/or the Adam Diagnostic Lab Web Application in connection with Your use of the Adam Diagnostic Lab Web Application.

We may from time to time introduce other services that form part of, or complement, the Adam Diagnostic Lab Web Application. We may also modify or cease offering the Adam Diagnostic Lab Web Application, or any part thereof, at any time without prior notice to You. We will notify You, and obtain Your consent, before providing any service that attracts a charge.

Your Profile

You must register a Profile in order to use the Adam Diagnostic Lab Web Application or web too by registering your information through the web form which is developed, executed and provided by Adam Diagnostic Lab.

The first time You use the Adam Diagnostic Lab Web Application, You will be guided through the process to register a Profile for Your use of Adam Diagnostic Lab Web Application.

Using the platform without registration is also possible and gives you access to services that are provided by Adam Diagnostic Lab or its affiliates or business partners.

Each Profile is unique to an individual, and the Adam Diagnostic Lab Web Application on each device can be used only to hold a single Profile. If You have multiple Devices, You may create a separate Profile on each Device. Each Profile can be used with Adam Diagnostic Lab Web Application to verify the identity of one individual only. For Your own security, it is recommended that You should not allow any other person to access a Profile that You have registered.

A Profile is associated with the Device and mobile telephone number used to register the Profile. The Adam Diagnostic Lab Web Application will store some data on Your Device to secure Your Profile, and this may be backed up by the operating system on Your Device. It may be possible to restore Your Profile to a Device using the backup of the Adam Diagnostic Lab Web Application's data, subject to technical limitations, and we cannot guarantee that recovery will be successful in any given case.

Your Profile may not be recoverable, for example, if Your Device becomes lost or damaged and the data from the Adam Diagnostic Lab Web Application was not backed up, or cannot be successfully restored, or if You do not enter the correct PIN. If Your Profile cannot be recovered for any reason, You will need to create a new Profile and follow the steps to verify Your identity again.

Profile Images

You may be given the option to capture a photo within the Adam Diagnostic Lab Web Application to be associated with Your Profile (Profile Image). We will only use Your Profile Image in accordance with these Terms and will not disclose it to third parties without Your consent in accordance with clause 10. In order for us to be able to use the Profile Image.

You grant us a perpetual, irrevocable, licence-fee free, royalty-free, worldwide, non-exclusive, sub-licensable right to use the Profile Image and any Intellectual Property in the Profile Image, in accordance with these Terms;

You consent to the use of the Profile Image by us or our licensees and assignees, in accordance with these Terms, which would infringe Your moral rights but for this consent.

You represent and warrant that You are the sole creator of the Profile Image and owner of Intellectual Property in the Profile Image, and that its use by us or our licensees and assignees in accordance with these Terms will not infringe the rights (including Intellectual Property rights) of any third party; and

You represent and warrant that the Profile Image is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another person's privacy, hateful, or racially, ethnically or otherwise objectionable.

Nothing in these Terms transfers ownership of any Intellectual Property rights in a Profile Image to us, and You (or Your licensors) will retain ownership of all rights (including Intellectual Property rights) in the Profile Image.

You acknowledge and agree that we may remove Profile Image without notice at any time.

Your conduct

You represent and warrant that You will only provide true, accurate, current and complete information about Yourself as part of Your use of Adam Diagnostic Lab Web Application; and You will promptly update the information contained in Your Profile to keep it true, accurate, current and complete.

You must not:

Adam Diagnostic Lab Web Application to use or create a false identity, impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;

use Adam Diagnostic Lab Web Application to upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as Personal Information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

attempt to use or access Adam Diagnostic Lab Web Application otherwise than through the Website, the Adam Diagnostic Lab Web Application or other means expressly Adam Diagnostic Lab Limited;

link to, frame or mirror any part of the Website without our prior written authorisation;

disrupt the operation of Adam Diagnostic Lab Web Application or any infrastructure that we or any organization operates;

breach or fail to comply with any requirements, procedures, policies or regulations of networks connected to Adam Diagnostic Lab Web Application, including using any device or software; or

gain unauthorized access to Adam Diagnostic Lab Web Application;

make any automated use of Adam Diagnostic Lab Web Application;

copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Adam Diagnostic Lab Web Application, the Website, the Adams Network Traveller App, any output from the Website or the Adam Diagnostic Lab Web Application, any files related to the Website or the Adam Diagnostic Lab Web Application, or any part of any of these, other than as expressly provided in these Terms, the EULA or otherwise permitted by law;

use Adam Diagnostic Lab Web Application in connection with the contravention of any local, state, national or international law, whether intentional or not; or

attempt to do any of the foregoing, or allow or cause a third party to do or attempt to do any of the foregoing.

You represent and warrant to us that You have the capacity to accept and be bound by these Terms.

Third-party software and services

You may be required to use or update third-party software (such as the operating system and software marketplace) on Your Device in order to obtain, install, update, access, use, or continue to access or use Adam Diagnostic Lab Web Application or Adam Diagnostic Lab Traveler App. You acknowledge and agree that:

we are not responsible for such third-party software or updates;

such third-party software (including updates) may be subject to their own terms and conditions, which we strongly recommend You review prior using the third-party software or to implementing the third-party update; and

if You are unable or unwilling to obtain or install such third-party software or updates, You may be unable to obtain, install, update, access, use, or continue to access or use Adam Diagnostic Lab Web Application or Adam Diagnostic Lab Web Application.

Access to Adam Diagnostic Lab Web Application, or parts thereof, may require Your Device to be connected to the internet or require other third-party services. Your use of third-party services may be subject to fees and separate terms and conditions. You acknowledge that we are not liable for the activities of any such third parties. You are responsible for ensuring that Your installation and use of the Adam Diagnostic Lab Web Application and/or the Website does not cause You to exceed any data usage quotas or other limitations that may Adam Diagnostic Lab Web Applicationly to Your internet service or other services acquired from third parties.

The Website may contain links to third-party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. Such links should not be construed as an endorsement, Adam Diagnostic Lab Web Application approval or recommendation by us of the third parties, or of any content or services provided by them. Your use of any third party-content or services may be subject to separate terms and conditions.

Security

Adam Diagnostic Lab Web Application may use a variety of security measures to protect Your Profile and the information from ID Documents You provide, including access codes.

No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect Your information, we do not warrant and cannot ensure the security of any information transmitted using the Adam Diagnostic Lab Web Application. Nevertheless, once we receive transmissions from You, we will take reasonable steps to preserve the security of such information.

You must ensure Your security credentials remain secure. You must not share Your security credentials (such as an access code) with any other person, or allow any other person to impersonate You.

Whilst we may implement multi-factor authentication, it does not guarantee against unauthorized use of Your Profile. You are solely responsible for any use of Adam Diagnostic Lab Web Application using Your security credentials, whether or not such use has been authorized by You.

You must take Your own precautions to ensure that the process You employ for accessing Adam Diagnostic Lab Web Application does not expose You to the risk of viruses, malicious code or other forms of interference which may damage Your Device. We do not accept responsibility for any interference or damage to Devices which arises in connection with the use of Adam Diagnostic Lab Web Application or Adams Network Traveller App.

You must notify us immediately by sending an email to info@Adams.network if:

You no longer have access to the telephone number linked to Your Profile (eg if Your telephone number changes); or

You suspect or have reason to believe there has been or might be any unauthorized or fraudulent use of Your Profile or any other breach of security.

You acknowledge that a failure to comply with these requirements may affect Your use of Adam Diagnostic Lab Web Application and may compromise the security and integrity of Your Profile.

Term, termination and suspension Term

These Terms are in force until terminated in accordance with this clause 8. The licences granted to You under these Terms are granted for the duration of these Terms.

Termination or suspension by us

We may immediately terminate these Terms and/or Your Profile, suspend Your Profile and/or Your access to Adam Diagnostic Lab Web Application or Adam Diagnostic Lab Web Application, and refuse future use of Adam Diagnostic Lab Web Application, at our discretion, if we form a reasonable belief that You are in breach of these Terms or threaten to breach any part of these Terms, or if:

You do not provide information required for Your use of Adam Diagnostic Lab Web Application;

You provide information that is false, inaccurate, misleading, incomplete or not current;

You have engaged in any fraudulent behaviour or misconduct;

Your Profile has been compromised; or we have reasonable grounds to suspect any of (a)-(d) above.

If we notify You of such termination:

You must immediately delete the Adam Diagnostic Lab Web Application from all Devices in Your possession or control, or we may remotely disable or delete the Adam Diagnostic Lab Web Application from them;

You must not access any other user Profile or register another Profile, or attempt to do so; and

You must not use Adam Diagnostic Lab Web Application again.

We may suspend or terminate Adam Diagnostic Lab Web Application or access to it, at our discretion, if we deem it necessary or prudent to do so:

in order to preserve the integrity and security of Adam Diagnostic Lab Web Application, the data collected from it, or any of our or an organization's equipment or systems;

for legal reasons, including any change in the law;

due to circumstances beyond our (or the Adam Diagnostic Lab Web Application or any of our sub-contractors') reasonable control, including disruption to network connections or equipment, loss of ID Verifier services, denial of service attacks, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities; or

in order to perform support or maintenance of any infrastructure, systems or software used by us, the Adam Diagnostic Lab Web Application or Adam Diagnostic Lab Web Application.

If we terminate or suspend Adam Diagnostic Lab Web Application, Your Profile or these Terms, You may not be able to use the Website or the Adam Diagnostic Lab Web Application at all, or such use may be restricted, or You may not be able to access Your Profile.

Termination by You

You are under no obligation to continue using Adam Diagnostic Lab Web Applications. If You no longer wish to use Adam Diagnostic Lab Web Applications, You may uninstall the Adam Diagnostic Lab Web Application from all Devices linked to Your Profile, and decline any offer to use the Website if such an offer is made by a participating organization.

No limitation of other rights

Termination pursuant to this clause 8 will not affect any rights or remedies which either or us may have otherwise under this document or at law.

Nothing in this clause limits any right we may have pursuant to this document to modify Adam Diagnostic Lab Web Application, including by removing any features or to modify or cease offering Adam Diagnostic Lab Web Application or any part thereof.

Warranty and liability

You acknowledge and agree that:

Adam Diagnostic Lab Web Application, Adam Diagnostic Lab Appointment Application and the Website are provided on an 'as is' and 'as available' basis;

unless otherwise specified in these Terms or agreed pursuant to a separate written agreement between You and us, we will not be obliged to provide support for Adam Diagnostic Lab Web Application, Adam Diagnostic Lab Appointment Application or Website, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to Your use of Adam Diagnostic Lab Web Application;

Adam Diagnostic Lab Web Application, Adam Diagnostic Lab Appointment Application or Website cannot be guaranteed to be error-free, and the existence of any such errors will not constitute a breach of these Terms; and

You use Adam Diagnostic Lab Web Application, Adam Diagnostic Lab Appointment Application or Website at Your own risk.

Except as expressly provided to the contrary in these Terms, including clause 3, and to the full extent permitted by Adam Diagnostic Lab Web Application Applicable law, we will not be liable to You for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from:

the supply of a defective Adam Diagnostic Lab Web Application;

a failure to provide Adam Diagnostic Lab Web Application or any part thereof;

errors or interruptions occurring in the course of using, or as part of, Adam Diagnostic Lab Web Application, Adam Diagnostic Lab Appointment Application or Website;

corruptions to or loss of data in connection with Adam Diagnostic Lab Web Application;

any suspension or discontinuance of Adam Diagnostic Lab Web Application, Adam Diagnostic Lab Appointment Application or Website;

any use of Adam Diagnostic Lab Web Application by other users or any organization, including any use in a manner which contravenes these Terms; or

a breach of these Terms.

You may have rights under the US Consumer Law, including the Consumer Guarantees, which cannot lawfully be excluded and nothing in these Terms has the effect of excluding, restricting or modifying such rights and Consumer Guarantees. Where the law implies a warranty into these Terms of Use which may not lawfully be excluded (in particular warranties under US Consumer Law) our liability for breach of such a warranty will be limited to, if Adam Diagnostic Lab Web Application, either supplying the services again or payment of the cost of having the services supplied again.

You acknowledge that You have exercised Your independent judgment in acquiring Adam Diagnostic Lab Web Application and have not relied on any representation that we have made which has not been stated expressly in these Terms or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material that we have produced.

You will indemnify us and hold us harmless fully against all liabilities, costs, losses, claims and expenses which we may incur to a third party as a result of Your breach of any of the provisions of these Terms.

Privacy

You agree that we can collect Your Personal Information so that You can be provided with identity checking services, (which may include Health record verification check), facilitated through Adam Diagnostic Lab Web Application. Without this information, Your ID Documents cannot be validated and Adam Diagnostic Lab Web Application and any related services cannot be provided.

We collect information when You use the Website or the Adam Diagnostic Lab Web Application. For example:

we collect Personal Information such as Your name and address from You when You use Adam Diagnostic Lab Web Application;

we may collect information from an ID Document which You use to authenticate Your identity or complete Health record verification check;

we may collect your email address for validation purposes;

when You use Adam Diagnostic Lab Web Application to verify Your identity or complete Health record verification check for an organization, we, or our third party provider may, collect information about this process, including the details of queries and responses submitted through a check.

If You use the Adam Diagnostic Lab Web Application, the Adam Diagnostic Lab Web Application Provider may also collect information about the Device that You use to access the Adam Diagnostic Lab Web Application, such as physical location, operating system, settings and security protocols. The Adam Diagnostic Lab Web Application Provider may use this information, and disclose it to us and service providers, to assist in providing Adam Diagnostic Lab Web Application and enforcing these Terms of Use and the EULA.

You acknowledge that information about the ID Documents that You provide may be given to ID Verifiers and other issuing authorities to confirm whether it matches information held by the authority or entity that issued the ID Document. You agree that the ID Verifiers can give us information about whether there is a match, and that we can use that match information in providing our identity checking services. If we offer checking of an ID Document issued overseas and You provide such an ID Document in connection with Adam Diagnostic Lab Web Application, You agree that information may be transferred internationally for the purpose of this identity checking process, and that we may use third party systems and services as we engage with government ID Verifiers.

We may hold some information about US and non-US residents as a result of the provision of our services. We may use this information to assist in checking details of information about Your identity and/ or complete a visa entitlement verification check. Details checked in this way may be disclosed to participating organizations who access Adam Diagnostic Lab Web Applications with Your consent to authenticate Your identity and/ or complete a visa entitlement verification check. By registering a Profile, You agree that we may link some details of this information to Your Profile, which helps us keep Your registered information up-to-date.

We will disclose Your information to some other third party ID Verifiers (including Department of Immigration and Border Protection) to assist in the administration of Adams Network_ Platform and in order to verify Your details, and may collect some Personal Information from them.

Where we check an ID Document, we may retain Your Personal Information and details from the ID Document as well as details of the check we performed and the result of the check for audit and assurance purposes. We do not store images of ID Documents.

If You register a Profile:

we may store some information, including Your name, date of birth, email address and address, and ID Document numbers, in an encrypted form and will only use or share them with Your express consent in connection with Your future use of Adam Diagnostic Lab Web Application;

we may also store other Personal Information, information about the types of ID Document You have checked with Adam Diagnostic Lab Web Application, and information collected from ID Verifiers for Your future use of Adam Diagnostic Lab Web Applications;

we may disclose the information we have collected about You in connection with Adam Diagnostic Lab Web Applications (including Personal Information) to the Adam Diagnostic Lab Web Application Provider for the purposes of Adam Diagnostic Lab Web Applications it provides;

the Adam Diagnostic Lab Web Application Provider may collect and disclose to us the information (including Personal Information) about You in order to facilitate Adam Diagnostic Lab Web Application;

some information may be stored on Your Device (for example, Your name and photo are stored so these can be displayed in the Adam Diagnostic Lab Web Application to personalise Your experience).

You consent to us creating a biometric template from the data collected from Adam Diagnostic Lab Web Application. For example, we may use biometric templates to verify Your Profile Image by comparing it with other images. The biometric templates we create will not be stored and will be discarded immediately after use.

Your information will be used to check Your identity or complete a health record check for an organization only with Your specific consent. You may give the consent to us through Adam Diagnostic Lab Web Application via the Website or the Adam Diagnostic Lab Web Application, or directly to the organization. If You do not use Adam Diagnostic Lab Web Application to check Your identity to any organization for an extended period, the information stored in Your Profile may be deleted.

You hereby authorize us to disclose the information we hold about You and grant access to Your Profile to law enforcement and government authorities and agencies in accordance with their lawful requests. You also understand that if you are not entitled to be in Australia, the Commonwealth Government may use the information obtained from the visa checking element of Adams Network_ Platforms, to locate you.

Your Personal Information will be collected and handled securely, and only for the purpose of checking Your identity or facilitating that checking process. Your Personal Information is handled in accordance with the Adam Diagnostic Lab Privacy Policy which outlines how to access and/or correct Your Personal Information or make a privacy-related complaint. For more information please visit https://www.adamdiagnosticlab.com

Intellectual Property

Adam Diagnostic Lab Limited and its licensors retain all right, title and interest in and to all Intellectual Property rights subsisting in the Adam Diagnostic Lab Web Application and Adam Diagnostic Lab Web Application and any other Intellectual Property created in connection with these Terms or, subject to clause 4.2, Your use of Adam Diagnostic Lab Web Application. You agree to do anything necessary to assign any such Intellectual Property rights to us. You may not use any such Intellectual Property, other than as necessary for Your use of Adam Diagnostic Lab Web Application, without our express written consent.

These Terms do not constitute a transfer or conveyance of any Intellectual Property owned by us, including but not limited to all Intellectual Property associated with Adams Network_ Platform, the Website and the Adam Diagnostic Lab Web Application, and their functionality, features and content, or operate as a future transfer of any Intellectual Property owned by us any time thereafter.

You acknowledge that the Website and materials provided in the course of Adams Network_ Platform are protected by copyright and may also be protected as other forms of Intellectual Property owned by us or our licensors. You will not during or at any time after the termination of these Terms undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights. Without limiting the generality of the foregoing, You specifically acknowledge that You must not copy the Website except as otherwise expressly authorized or acknowledged by these Terms.

General

Any disputes between You and any third party, including, without limitation, any organization, are to be resolved solely between You and that party.

These Terms are governed by and are to be construed in accordance with the laws of London, United Kingdom. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in London and courts of Adam Diagnostic Lab Web Applicationeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.

If any provision of these Terms is found to be invalid, void or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

All rights not expressly granted in these Terms are reserved.

We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by one of our authorized officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.

These Terms (together with the EULA, if You use the Adam Diagnostic Lab Web Application) constitute the entire agreement and understanding between You and us and supersede any and all prior communications, representations, agreements or understandings between You and us with respect to the subject matter of these Terms. You acknowledge and agree that You have not relied on any statement by us which has not been expressly included in this document.

You cannot assign, novate or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of Adam Diagnostic Lab Limited which consent can be granted or withheld in the absolute discretion of Adam Diagnostic Lab Limited. An assignment in breach of this clause 12.7 is intended by the parties to be void and of no force and effect, and constitutes a breach entitling Adam Diagnostic Lab Limited to terminate these Terms.

Adam Diagnostic Lab Limited can assign or otherwise transfer any of its rights or obligations under these Terms, including novation to a related body corporate (as defined in the Corporations Act 2001 (Cth)), at its sole discretion on written notice to You (including notice via the Website or the Adam Diagnostic Lab Web Application).

Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this document, the following clauses survive the termination of these Terms: clauses 4, 5, 8.3, 8.8, 9, 11 and this clause 12.9. Each indemnity offered by You in these Terms is a continuing obligation, independent from the other obligations of the parties and survives the termination of these Terms. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity against You under these Terms.

Definitions

When used in these Terms, the following words have the meanings given below:

Adam Diagnostic Lab Web Application

means the software Application made available by the Adam Diagnostic Lab Web Application Provider to access Adam Diagnostic Lab Web Application.

Adam Diagnostic Lab Web Application Provider

means Adam Diagnostic Lab Limited whose registered office is at Aldgate Tower, 2 Leman Street, E1 8QN London United Kingdom.

Adam Diagnostic Lab Limited, we, us and our

mean the Adam Diagnostic Lab Limited, whose registered office is at Aldgate Tower, 2 Leman Street, E1 8QN London United Kingdom.

Device

means an electronic device owned or controlled by You, such as a mobile phone or tablet, compatible with the Adam Diagnostic Lab Web Application.

Adam Diagnostic Lab Web Application

means Adam Diagnostic Lab Limited's Adam Diagnostic Lab Web Application, the functionality of which is described in clause 2 of these Terms and as modified by us from time to time.

EULA

means the End User Licence Agreement that Adam Diagnostic Lab Web Application applies between You and the Adam Diagnostic Lab Web Application Provider if You use the Adam Diagnostic Lab Web Application.

ID Document

means an identification document eligible to be checked using Adam Diagnostic Lab Web Application, which may include an identification document issued by a government or other authority or entity.

ID Verifier

means a government agency or other authority or entity engaged by Adam Diagnostic Lab Limited to verify the validity of an ID Document.

Intellectual Property

means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:

any related confidential information, trade secrets, know-how or any right to have information kept confidential;

patents, designs, trade marks, service marks and other related marks; and

all associated goodwill,

whether or not existing at the date You agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any Adam Diagnostic Lab Web Application or right to Adam Diagnostic Lab Web Application Apply for registration of those rights and includes all renewals and extensions.

Organization

means a corporate entity or organization that has an arrangement in place with Adam Diagnostic Lab Limited to obtain verification of the identity and health record check of an individual who has made a request using Adam Diagnostic Lab Web Application.

Personal Information

has the same meaning as your Identity, Health Status Certificate, and Travel Information provided by You to receive testing and travel service purposes.

Profile

means an account containing data about You and associated metadata in connection with Adam Diagnostic Lab Web Application.

Terms

means these terms of use, as modified or replaced from time to time.

User Content

has the meaning given to that term in clause 4.

Website

means a website made available by Adam Diagnostic Lab Limited for You to access Adam Diagnostic Lab Web Application in accordance with these Terms.

You and Your

means a user of Adam Diagnostic Lab Web Application.

Interpretation

In these Terms unless a contrary intention is expressed:

headings and italicised, highlighted or bold type do not affect the interpretation of this agreement;

the singular includes the plural and the plural includes the singular;

other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning;

a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);

a reference to any thing (including any right) includes a part of that thing, but nothing in this clause 13.2(e) implies that performance of part of an obligation constitutes performance of the obligation;

a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this agreement and a reference to this agreement includes any clause, annexure, exhibit and schedule;

a reference to a document (including this agreement) includes all amendments or supplements to, or replacements or novations of, that document;

a reference to a party to any document includes that party's successors and permitted assigns;

a reference to time is to time in Melbourne, Victoria, Australia;

a reference to an agreement other than this agreement includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;

a provision of these Terms may not be construed adversely to a party solely on the ground that the party (or that party's representative) was responsible for the preparation of this agreement or the preparation or proposal of that provision;

a reference to a body, other than a party to these Terms (including an institute, association or authority), whether statutory or not, which ceases to exist or whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions; and

the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in this agreement do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary.

DISCLAIMER: Any service providers or other parties that need to be consulted or interacted with in relation to the Service are third-parties responsible for their own actions and inactions and are not acting at the direction of Adam Diagnostic Lab nor are subject to any control by Adam Diagnostic Lab. Adam Diagnostic Lab waives all responsibility for the actions or inactions of such service providers, particularly in relation to the accuracy and attestation of Health Status Certificates stored on the Adams Network Platform.

This is an agreement between Adam Diagnostic Lab Limited ("Adams") and you ("you" or "You"), a user of the ICC Adam Diagnostic Lab Services ("Service"). BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE ("Terms"). If you choose to not agree with any of these terms, you may not use the Service. These terms may be modified or updated by Adam Diagnostic Lab from time to time and are effective upon posting an updated version to the Service. Continued use of the Service shall constitute your consent to such changes.

BY CLICKING THE "AGREE" BUTTON AND USING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND (B) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.