Website Terms of Use
Who we are & how these terms work
This website (Site) is operated by LlamaPath Pty Ltd (ACN 692 917 767) (we, us or our). The Site is available at https://llamapath.ai and may also be made available through other addresses or channels.
By accessing and/or using the Site you agree to these website terms of use (Terms) and our Privacy Policy (available on the Site). If you do not agree to these Terms, please do not use the Site.
Customer Agreement: These Terms govern use of the Site only. Separate written agreements may apply to services we provide and to authenticated areas of the Site. If there is any inconsistency between these Terms and a separate customer agreement (Customer Agreement), the Customer Agreement prevails to the extent of the inconsistency in relation to those services or authenticated areas.
Changes to the Site and these Terms
We may vary these Terms by publishing updated Terms on the Site. Where a variation is material, we will use reasonable efforts to provide at least 14 days’ notice before the updated Terms take effect. If you are a registered user, we will notify you of material changes by email to the address associated with your account. Your continued use of the Site after the updated Terms take effect constitutes acceptance of the updated Terms. For clarity, any separate Customer Agreement is governed by its own variation provisions and is not amended by an update to these Terms. Please check the Site regularly to ensure you are aware of our current Terms. Content on the Site may change without notice and may not always be up to date.
Licence to use the Site
We grant you a non-exclusive, revocable, non-transferable licence to access and use the Site for your personal use or for bona fide internal business evaluation of, or engagement with, our services, and only in accordance with these Terms. All other use is prohibited without our prior written consent.
Eligibility and enquiries
You must be at least 18 years old to use the Site.
Certain areas of the Site (including the Client Portal) require a user account. Access to these areas is governed by your Customer Agreement. You must keep your login credentials confidential and notify us promptly if you become aware of any unauthorised use of your account. We may suspend or disable your account if reasonably necessary for security, suspected unauthorised use, breach of these Terms, or as otherwise permitted under your Customer Agreement. If you submit an enquiry, waitlist or contact form on the Site (for example, to ask about how our platform can assist you), you must:
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provide us with accurate information and not impersonate another person;
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provide us with your consent to us contacting you in response to your enquiry (including by email, phone or SMS); and
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warrant that you have obtained consent from any other person if you provide us with their details.
Bookings and payments are not made on the Site. They are handled off‑site via third party platforms and are governed by our separate Customer Agreement (see Section 1).
Acceptable use – what you must not do
You must not (and must not enable or permit anyone else to):
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use the Site for unlawful, infringing, misleading or harmful purposes, or to harass, threaten, defame or offend any person;
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copy, reproduce, adapt, publish, communicate, frame or mirror any part of the Site except as expressly permitted by these Terms or required by law;
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interfere with or disrupt the Site or the servers or networks that host it, including by introducing malware or harmful code or transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
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use automated means (including AI agents, research tools, browser automation, crawlers, or similar technologies) to: (a) scrape, harvest, or bulk-download personal information or non-public content from the Site; (b) degrade, disrupt, test, or otherwise interfere with the performance, security, or functionality of the Site or its infrastructure; (c) circumvent any access controls, rate limits, or machine-readable usage policies published by us; or (d) misrepresent the identity or purpose of an automated agent. Good-faith automated access to the public parts of the Site is permitted, provided it complies with these Terms and any machine-readable usage policies published by us;
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bypass, disable or interfere with security‑related or access‑control features (including but not limited to rate limits), or attempt to probe, scan or test the vulnerability of any system or network, including but not limited to corrupt data or cause annoyance to other users;
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collect, harvest or scrape data from the Site (including but not limited to email addresses or other personal information), or bulk download Site content, including but not limited to create, improve or train artificial intelligence or machine learning models, without our prior written consent;
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maliciously interrupt the Site;
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send any unsolicited advertising or promotional material (eg. spam);
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use the Site or its content to create, operate or improve a product or service that competes with us, to perform competitive benchmarking, or to otherwise harm our business or reputation; or
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remove, obscure, infringe or alter any copyright, trade mark or other proprietary rights notices on the Site.
We may monitor your use of the Site for compliance, and we reserve the right to suspend or block your access (including by IP blocking or rate limiting) if we reasonably believe any of these Terms are breached or due to any behaviour, including but not limited to any dishonest, discourteous, or otherwise unprofessional behaviour by you in relation to us.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any third‑party sites.
Information only – not professional advice
The information and content on the Site, including any recommendations and guidance, is provided for general information only and does not constitute any professional advice.
By accepting these Terms, you acknowledge and agree that information and content on the Site are not a substitute for professional advice and that any AI-generated content, outputs, or recommendations provided through the Site or our platform are non-deterministic and may not be accurate, complete, or suitable for your circumstances. You are responsible for verifying any outputs before relying on them.
Intellectual property
Unless otherwise indicated, we own or licence all intellectual property rights in the Site and the content on it, including any software, user interface, algorithms, text, graphics, logos, audio, video, and other materials made available by us on or through the Site. All such intellectual property rights remain vested in us or our licensors. Nothing in these Terms gives you any right to sublicense any information or content on the Site or transfers any ownership rights to you.
Without limiting section 1, nothing in these Terms transfers ownership of your data, materials, deliverables, or any intellectual property that vests in you under a separate written agreement with us (such as a Master Service Agreement or Statement of Work).
By accepting these Terms you undertake not to copy, adapt, reverse engineer, publish, communicate, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the information and content supplied to you or which appears on the Site, nor may you use any such information and content in connection with any business or commercial enterprise except as permitted by law or with our prior written consent.
We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.
Your submissions (enquiries and feedback)
If you submit content to us via the Site (for example, through enquiry forms or by email) (User Submissions), you:
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warrant you have the rights needed to provide the User Submissions and that they are accurate to your knowledge and lawful. If you submit content through an authenticated section of the Site (such as a client portal), you acknowledge that your submission may contain confidential information and that such information will be treated in accordance with your separate agreement with us and our Privacy Policy;
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grant us a worldwide, royalty-free, perpetual, non-exclusive, transferable, sub-licensable licence to use, store, reproduce and otherwise deal with the User Submissions for the purpose of operating the Site and our business, including responding to your enquiry, improving the Site, and keeping appropriate records. If User Submissions are made through an authenticated section of the Site, this licence applies only to the extent permitted under your separate agreement with us and our Privacy Policy; and
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acknowledge we may remove or decline to respond to any User Submission at our discretion, except where a separate written agreement with us (such as a Master Service Agreement or Statement of Work) includes response time commitments or service levels that apply to the relevant submission, in which case those commitments prevail.
You are solely responsible for your User Submissions.
This section applies to all content submitted through the Site, including enquiry forms, email, in-portal feedback, bug reports, feature requests, and support tickets. Subject to section 1, where you access the Site under a separate written agreement with us (such as a Master Service Agreement), that agreement’s confidentiality and intellectual property provisions govern the treatment of any information you submit through authenticated sections of the Site.
Third‑party sites and third-party trade marks, images of personalities and copyright
The Site may contain links to third‑party websites or content. We do not control, endorse or approve, and are not responsible for, any third‑party sites or content or any loss or damage that may arise from your use of any third‑party sites. Your use of them is at your own risk and may be subject to the third party’s terms and privacy policy.
Except where expressly stated to the contrary, all persons (including their names and images), third-party trade marks and content, services and/or locations featured on the Site are in no way associated, linked or affiliated with us, and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Site are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services, and is in no way an assertion that such products or services are endorsed by or connected to us.
Privacy policy
Our Privacy Policy, which explains how we collect, use and disclose personal information, is available on the Site. By using the Site, you acknowledge the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
Warranties and disclaimers
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), we make no representations, guarantees or warranties about the Site or its information and content, including that it will be accurate, complete, reliable, up‑to‑date, available, uninterrupted, secure or free from errors or harmful code. You use the Site at your own risk.
To the fullest extent permitted by law, including the ACL, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and Services, arising out of or related to the use, inability to use, performance or failures of the Site or the third-party sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This disclaimer does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
Nothing in these Terms limits any rights or remedies you may have under the ACL. If the ACL applies and our supply of services under these Terms is not of acceptable quality or otherwise fails to comply with the ACL, you may have rights to a repair, replacement, re‑supply or refund.
If any liability cannot lawfully be excluded, then (to the extent permitted by law) our liability is limited to supplying the relevant Services again or paying the cost of having them supplied again.
Indemnity
You agree to indemnify us, our directors, officers, employees, consultants and agents from third-party claims, liability, damages or costs (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your unlawful conduct in connection with the Site; and (c) content, data or instructions you submit to the Site that infringe a third party’s rights or breach any law.
Nothing in this clause requires you to indemnify us for any loss or damage arising from the independent operation of the Site or any automated system operated by us. Subject to section 1, if you access the Site under a separate written agreement with us, the liability and indemnity provisions of that agreement apply.
Suspension/termination
We may suspend or terminate your access to the public sections of the Site if we reasonably believe you have breached these Terms, or where reasonably necessary for security, legal, or operational reasons. On suspension or termination, any rights and licences granted to you under these Terms in respect of the public sections of the Site end immediately.
Subject to section 1, if you access authenticated sections of the Site under a separate written agreement with us, suspension or termination of your access to those sections is governed by that agreement. Termination of your access to the public sections of the Site under these Terms does not, of itself, terminate that separate agreement.
Disputes
If a dispute arises in connection with these Terms, the parties must first attempt to resolve it in good faith through discussions for at least 14 days before commencing court proceedings, except where urgent interlocutory relief is sought or the proceedings relate to intellectual property rights. If the dispute is not resolved within that period, the parties must attempt to resolve it by mediation in Sydney, Australia. If the dispute is not resolved within 28 days after the mediation begins, either party may commence court proceedings.
Subject to section 1, where a dispute concerns both these Terms and a separate written agreement with us (such as a Master Service Agreement), the dispute resolution process in that separate agreement applies.
General
If any part of these Terms is invalid or unenforceable, it will be read down or severed and the remainder will continue in force. Our failure to enforce any right is not a waiver. You may not assign or transfer your rights under these Terms without our prior written consent.
Governing law
These Terms and your use of the Site are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
Complaints and contact us
If something is not right, contact us directly. We respond to complaints, questions, and formal notices at the details below and will work to resolve any issue promptly.
LlamaPath Pty Ltd (ACN 692 917 767) Attention: The Company Secretary Level 36, 1 Macquarie Place, Sydney NSW 2000 ops@llamapath.ai