Terms and Conditions
Last updated: November 30, 2022
Please read these terms and conditions carefully before using Our Service.
1. Terms of Use
(a) In this This document sets out the way in which Sample Assist Pty Ltd ACN 651 932 937 (we, us,) processes information as part of the Sample Assist Sample Collection and Management Cloud Service (The Service).
(b) Users of The Service and visitors to www.sampleassist.com (cumulatively referred to as 'you' or 'your') are subject to the Terms of Service herein, the Privacy Policy, The Service Definition, Clinical Data Addendum, Data Process Addendum, Data Protection Laws, Data Sharing Specification and Data Retention Policy, Product and Service Schedules and any other relevant terms and conditions, policies and notices which may be applicable to a specific section, part, module, or aspect of the Sample Assist Cloud Service.
2. Sample Collection and Management Service
(a) The Sample Assist Cloud Service is a global, secure, private, multi market platform at the centre of an eco system of specialist sample collection and management tools, applications, and products that facilitate sample collection, tracking, auditing, reporting, and compliance (legal, medical, scientific), governance, risk management, as well as real time business and market intelligence.
(b) Users access The Sample Assist Cloud Service which comprises of a: digital data exchange, data sample market, real time intelligence and reporting, booking, collection, tracking and management services via a range of specialist, secure mobile, and desktop applications designed specifically for workplace drug screen sample collection.
3. Workplace Drug Testing Service
(a) The Workplace Drug Screen Service is a sample collection management service provided by the Sample Assist Cloud Service.
(b) The Workplace Drug Screen Sample Collection and Management Service enhances and supports governance and risk management, compliance and standards involved in the collection of drug screens by non government and government organisations.
(c) The Sample Assist Workforce Drug Screen Suite of products caters for both in-clinic and onsite settings as well as the specific requirements of legal and medical chain of custody.
(d) All Sample Assist users authorised by the client have real time visibility into the end-to-end process of undertaking and managing workplace drug screens from the point of collection from the employee (donor/candidate) through to the sample being delivered and tested at the laboratory.
(e) All Sample Assist users registered by the client can share information such as: structured, unstructured documents, sample and patient, and chain of custody data between all approved, authorised parties.
4. Access
(a) By accessing or using the Sample Assist Cloud Service or any of its associated products and services you agree to be bound by these terms and conditions, which constitute a legal agreement between you the user and Sample Assist.
(b) DO NOT USE this system if you do not agree to these Terms of Service.
(c) The legal agreement consists of 1 (b) and cover users such as: registered, authorised, accredited Collectors, Donors (Patients, Employees, Job Applicants), Medical Review Officers (MROs), Clinical Staff (Doctors, Nurses, Authorised and Qualified Medical and Clinical Staff), Laboratories, Couriers, Transport Companies, Registered Training Organisations (RTOs) and qualified trainers, SA Staff, Contractors and Suppliers.
5. User Accounts
(a) Access to this system requires registration and the creation of an account (User Account). You must ensure that the details you provide to us upon registration (or at any other time) are complete and accurate, and you must inform us immediately of any changes to the details provided at the time of registration.
(b) You the User warrant to us that all information provided in the course of creating your User Account is true and correct.
(c) You may not create an account for any person or entity other than yourself, unless you are the parent or guardian of a person under 18.
(d) You must not create a false identity or misrepresent, an affiliation with another person or entity.
(e) You must not create or use a education qualifications or accreditation that is are not your own.
(f) You may not create an account unless you are at least 18 years of age.
6. Devices and Technology
(a) Access to the system may only be available to compatible devices that meet specific system or software requirements specified by us from time to time.
(b) We give no warranty or guarantee that access to or use of the system will be available to all devices and you are solely responsible for ensuring that any device you use meets the system, software or other requirements specified by us from time to time.
7. Suspension or Termination
(a) We reserve the right to suspend or terminate your access to your User Account and/or all or any part of the system at any time, for any reason, without prior notification.
8. Privacy
Any personal information you provide to us using the Sample Assist Sample Collection and Management Cloud Service or the Sample Assist Website will be handled by us in accordance with the Sample Assist Privacy Policy: https://www.sampleassist.com/sampleassist-privacy-policy
9. Security of Information
(a) The Sample Assist Sample Collection and Management Cloud Service will capture your personal information.
(b) While we endeavour to keep your personal information safe, no data transmitted over the internet is secure, and we do not warrant, and cannot ensure, the security of your personal information.
(c) You transmit personal information using the system entirely at your own risk.
10. Information on the System
(a) While every effort is made to update the information contained on the Sample Assist Website and Sample Assist Sample Collection and Management Cloud Service; neither Sample Assist nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the accuracy, correctness and reliability of our system and its content (including but not limited to any information which may be provided by any third party or data or content providers) (‘information’) and will not be bound in any manner by any information contained on the system.
(b) Sample Assist reserves the right at any time to change or discontinue without notice, any aspect or feature of the Sample Assist Sample Collection and Management Cloud Service.
(c) No information will be construed as advice and information is offered for information purposes only.
(d) You rely on the information contained on this system at your own risk.
(e) If you find an error or omission on the system, please contact Sample Assist Support via the Sample Assist Website: www.sampleassist.com
11. Trade Market and Intellectual Property
(a) The trade marks, names, logos and service marks (collectively ‘trade marks’) displayed on this system are registered and unregistered trade marks of Sample Assist Pty Ltd.
(b) Nothing contained on on this mobile app or website should be construed as granting any licence or right to use any trade mark without the prior written permission of Sample Assist.
(c) As between you and Sample Assist, the contents of this system (including all layouts, applets, text and graphic images ) are copyright to Sample Assist, unless stated otherwise.
(d) The Sample Assist Collection and Management Cloud Service, its supporting mobile and desktop applications, or any portion of the system/platform may not be reproduced, adapted, duplicated, copied, provided to any third party, altered, sold, stored in a retrieval system, transmitted or otherwise exploited for any commercial purpose, in any form and by any means, except where necessary for viewing the system on your device, or specifically authorised by law.
12. External Links
(a) External links within the Sample Assist Sample Collection and Management Cloud Service or the Sample Assist Website (www.sampleassist.com) may be provided for your convenience, but they are beyond the control of Sample Assist and no representation is made as to their content.
(b) Use or reliance on any external links and the content thereon provided is at your own risk.
(c) When visiting external links, you must refer to that external website’s terms and conditions of use.
13. Third Party Systems
(a) You acknowledge that the Sample Assist Collection and Management Cloud Service relies on, and integrates with secure global third-party service providers for security, data management, and service provision: including but not limited to Amazon Web Services and Google Firebase, and Google Cloud.
(b) Sample Assist makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding services provided by third-party service providers.
14. Specific Use
(a) You agree that you must not hack into, change or otherwise interfere with the operation of the Sample Assist Collection and Management Cloud Service or any of its supporting applications and systems; or any information contained within it.
(b) This includes knowingly transmitting a virus or other damaging any aspect of the Sample Assist Collection and Management Cloud Service.
(c) You must only access the system for purposes approved and authorised by Sample Assist.
15. Warranties
(a) Sample Assist makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the system, the information contained on the Sample Assist Collection and Management Cloud Service, you or your company's personal information or material and information transmitted over our system.
16. Disclaimer of Liability
(a) Sample Assist is not responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to your access and use of the Sample Assist Collection and Management Cloud Service, any information contained on the system, your personal information or material and information transmitted over our system or theft of personal information.
(b) Either Sample Assist, nor any third party or data or content provider will be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission of it, or for any actions taken in reliance on it or occasioned by it or by reason of nonperformance or interruption, or termination of it.
(c) If we provide a service (s) via this system and are in breach of a condition or warranty which is implied by law and cannot be excluded, our liability is limited, to the maximum extent possible, to the supply of the service (s) again.
17. Your Indemnity
(a) You indemnify us and our related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the system or any breach of these terms and conditions by you.
18. Use of the System
(a) Sample Assist does not make any warranty or representation that information on the system is appropriate for use in any jurisdiction (other than Australia). By accessing the system, you warrant and represent to Sample Assist that you are legally entitled to do so and to make use of the Sample Assist Collection and Management Cloud Service.
19. Disputes
(a) If you believe you have a reason to raise a dispute with us under these terms and conditions, or in connection with the Sample Assist Collection and Management Cloud Service for any reason, you must first provide us with written notice of the dispute including particulars of the dispute.
(b) Our authorised representatives will, within seven (7) days after the dispute notice is received or as soon as reasonably practicable, discuss the dispute with you and attempt to resolve the dispute.
(c) If our authorised representatives are unsuccessful in resolving the dispute with you within thirty (30) days of our receiving notice of the dispute, either of us may, by giving written notice to the other party, refer the dispute for binding arbitration.
(d) The arbitration will be held in Sydney, Australia and will be arbitrated by an agreed arbitrator, or if no arbitrator is agreed, by an arbitrator nominated by the President of the New South Wales Law Society or the President's nominee.
(e) Each of party must bear their own costs of the arbitration, and bear equally the arbitrator's costs.
(f) Each party is entitled to legal representation at the arbitration.
(g) You acknowledge and agree that you may not commence court proceedings (except for urgent interlocutory relief) against us without first complying with this clause (19 a -f).
20. Not A Medical Device
In using the service, you acknowledge and agree that the Sample Assist Collection and Management Cloud Services does not constitute a medical device.
21. Force Majeure
(a) If a party is unable to perform, or is delayed in performing an obligation under these terms and conditions because of a Force Majeure event, that obligation is suspended but only so far and for so long that it is affected by the Force Majeure event.
(b) For the purpose of this clause Force Majeure means any event caused by occurrences beyond a party’s reasonable control, including natural disasters, acts of terrorism, riots, civil disturbances and epidemics, war, government regulations, policies or actions enacted or taken subsequent to your entry into these terms and conditions for provision of any services through the system, or any labour, telecommunications, internet or other utility failure, interruption, shortage, outage, strike or curtailment or the acts or omissions of a third party.
22. Open-source Libraries
(a) Sample Assist discloses the use of open-source code libraries in the construction of the system.
(b) All open source codes libraries integrated into the Sample Assist Collection and Management Cloud Service undergo extensive testing and are maintained and supported as part of the Sample Assist Code Set.
23. Geo Location Data Reporting
You acknowledge and agree that Sample Assist may collect geo-location data from you as part of the Sample Collection and Management Cloud Service.
24. General
(a) Entire Agreement
(i) These terms and conditions constitute the sole record of the agreement between you and SA in relation to your use of the system.
(ii) Neither you nor Sample Assist will be bound by any express tacit or implied representation, warranty, promise or the like not recorded in these terms and conditions.
(iii) Unless otherwise specifically stated these terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Sample Assist in respect of your use of the Sample Assist Sample Collection and Management Cloud Service.
(b) Alternation
(i) Sample Assist may at any time modify any relevant terms and conditions, policies or notices.
(ii) You acknowledge that by visiting the Sample Assist Website or using the Sample Assist Collection and Management Cloud Service, you will become bound to the current version of the relevant terms and conditions (the 'current version') and, unless stated in the current version, all previous versions shall be superseded by the current version.
(iii) You will be responsible for reviewing the then current version each time you visit the system.
(c) Conflict
Where any conflict or contradiction appears between the provisions of these terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the system.
(d) Waiver
No indulgence or extension of time which either you or Sample Assist may grant to the other will constitute a waiver of or limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
(e) Severability
(i) All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
(ii) Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, will, in such jurisdiction only and only to the extent that it is so unenforceable, be excised and the remaining provisions of any relevant terms and conditions, policies and notices will remain in full force and effect.
(f) Not Advice
You acknowledge and agree that the Sample Assist Collection and Management Cloud Service does not provide general, medical, financial or legal advice.
The service is used by you solely for the submission of, and transfer of, personal and sample related information between users and that any content is for information only.
(g) Applicable Laws
Any relevant terms and conditions, policies and notices are governed by and construed in accordance with the laws of New South Wales, Australia.
(h) Comments or Questions
If you have any questions, comments or concerns arising from the system, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please visit www.sampleassist.com Alternatively, you can email the Sample Assist Data Protection Officer (DPO) at dpo@sampleassist.com