SITE TERMS AND CONDITIONS -
This Site is owned and operated by Integria Healthcare
(Australia) Pty Ltd ACN 096 496 212 with outsourced technical
assistance. By accessing this Site you agree to the Terms and
Conditions set out below. Please read them carefully before using
1. DEFINITIONS &
1.1 In these Terms and Conditions unless
inconsistent with the context or subject matter:
"Claim" means any claim, action, demand or
proceeding however arising (including under contract, statute,
common law or equity) in respect of any Loss or alleged Loss;
"Delivery Address" means the place for
delivery of Goods nominated by the Patient;
"Fees"means the relevant fees, if any, as set
out on the Site to be paid by You to have access to and receive the
services provided on the Site;
"Goods" means any Practitioner Products or
"GST" has the meaning given to it in the
"GST Act" means the A New Tax
System (Goods and Services Tax) Act 1999(Cth);
"Integria" means Integria Healthcare
(Australia) Pty Ltd ABN 70 096 496 212 and its controlled entities,
including but not limited to Integria Healthcare (Warwick) Pty Ltd
ABN 62 705 230 033 and Integria Healthcare (Ballina) Pty Ltd ABN 17
002 833 141;
"Intellectual Property Rights" means all
present and future rights conferred by statute, common law or
equity in or in relation to any copyright, service marks, trade
marks, designs, patents, know-how, circuit layouts, software,
business and domain names, inventions and other results of
"Loss" includes (without limitation) the
following, whether direct or indirect, special or consequential in
(a) loss, damage, costs (including
legal costs on a solicitor and own client basis), action or expense
of any kind;
(b) to the extent not covered in the
preceding subclause, loss of profits, opportunity, use, revenue,
goodwill, bargain, production, sales turnover, income, reputation
(or damage to it), employment, corruption or destruction of data,
loss relating to or in connection with any other contract, business
or anticipated savings, reduction in value, any delay or financing
costs or increase in operating costs, or any other financial or
economic loss; and
(c) anything referred to in the
preceding subclauses relating to or arising out of or in connection
(i) personal injury (including
death or disease) to the Patient;
(ii) personal injury (including death
or disease) to any third party;
(iii) loss of or damage to the property
of Us, the Patient or any third party; or
(iv) a breach or non-compliance by Us or
the Patient with any law;
"MyPatient Ordering" means the part of the Site
known as "MyPatient Ordering";
"Order" means any sale of any Goods to the
Patient by Us whether such sales result from orders received from
the Patient by MyPatient Ordering, telephone, facsimile, email or
via a website operated by Us such as myintegria.com;
"Party/ies" means Us and/or the
Practitioner and/or the Patient, as the case may be;
"Patient" means a patient of a Practitioner
who uses MyPatient Ordering or any other person who uses MyPatient
Ordering that is not a Practitioner;
"Practitioner" means a qualified health
care practitioner authorised to prescribe Practitioner
"Practitioner Product" meansany product
that may only be prescribed by a Practitioner pursuant to any
legislation or regulations that may be in force in Australia from
time to time;
by Us from time to time and published on any website operated by
"Retail Product" means any product that is not a
"Site" means any site owned by Us and all parts and
pages of it and for the avoidance of doubt includes MyPatient
"Software" means any software which is required by,
relevant to, or used in conjunction with the Site including but not
limited to all object and source codes, copyright, inventions,
discoveries, novel designs whether or not registrable as designs or
patents, including any invention of or development or improvements
to equipment, technology, methods or techniques relating to the
"Terms and Conditions" means these terms and
"Us" means Integria and "We" or "Our" shall be
"You" means the person or entity that accesses the
Site and "Your" shall be interpreted accordingly.
1.2 In these Terms and
Conditions, unless inconsistent with the context or subject
(a) a reference to a person includes any
other legal entity;
(b) a reference to a legal entity
includes a person;
(c) words importing the singular number
include the plural number;
(d) words importing the plural number
include the singular number;
(e) the masculine gender must be read as
also importing the feminine or neuter gender;
(f) a reference to a party includes the
party's heirs, executors, successors and permitted assigns;
(g) headings are for reference purposes
only and must not be used in interpretation;
(h) where any word or phrase is given a
defined meaning any other part of speech or other grammaticalform
concerning the word or phrase has a corresponding meaning;
(i) a reference to a statute includes
all regulations and subordinate legislation and amendments;
(j) references to writing include any
mode of representing or reproducing words in tangible
andpermanently visible form, and includes e-mail and fax;
(k) a reference to a monetary amount is
a reference to an Australian currency amount;
(l) an obligation of two or more
parties binds them jointly and each of them severally;
(m) an obligation incurred in favour of
two or more parties is enforceable by them severally;
(n) references to time are to local
time in New South Wales;
(o) where time is to be reckoned from a
day or event, the day or the day of the event must be excluded;
(p) a reference to a business day means
a day that is not a Saturday, Sunday or public holiday in
(q) if any time period specified in
this agreement expires on a day which is not a business day, the
periodshall expire at the end of the next business day;
(r) a reference to a month means
a calendar month.
These Terms and Conditions as well as any
other terms and conditions, policies or other documents published
by Us from time to time apply to You.
3.1 Your use
of this Site is by non-exclusive licence granted by Us strictly in
accordance with these Terms and Conditions.
acknowledge and agree with Us that You will not, as a result of
being granted a non-exclusive licence, acquire any rights
(including without limitation Intellectual Property Rights) in the
Software, or the Site other than the non-exclusive rights granted
in accordance with these Terms and Conditions.
3.3 The Site
is available only to, and may only be used by, individuals who can
form legally binding contracts under their applicable law. Without
limiting the foregoing, Our services are not intended to be used by
persons under 18 years of age. If you do not qualify, please do not
use Our services.
3.4 In order
to use this Site, You require the equipment and connections
necessary to access the World Wide Web.
3.5 You are
provision of any such connection or access to the World Wide
payment of any fees associated with such connection or access (such
as those charged by an internet service provider or other online
provision of all equipment necessary for you to make any such
connection to the World Wide Web, including a computer and a
GRANT OF ACCESS TO THE SITE
to meeting the relevant registration requirements for the Site and
payment of the Fees, We may grant to You a non-exclusive,
non-transferable licence to use the Site on these Terms and
4.2 If You
are granted a non-exclusive, non-transferable licence to use the
Site, You will be given an individual user name and password to
access the Site.
PAYMENT OF FEES
5.1 For all
payments of Fees as set out on the Site, payment is required at the
time specified on the Site unless otherwise indicated.
5.2 If we use
a third party supplier for the payment of the Fees You will be
directed to this third party supplier when attending to payment of
the Fees and all payments are subject to the third party supplier's
terms and conditions and policies and you should read these before
proceeding with Your payment.
This clause applies if You are granted access to the Site in
accordance with clause 4.
relation to the Site You must not:
make the details of Your user name or password available to any
unauthorised third party;
download and store electronically, reproduce, transmit, display,
copy, distribute or use the Software or any materials contained in
the Site except for research or personal use or as otherwise
authorised by Us;
sub-license, rent, lease, transfer or attempt to assign the rights
in the Site or the Software to any other person and any dealing in
contravention of this sub-clause shall be ineffective;
make the Site available on a network;
the Site or the Software except as permitted by these Terms and
allow any other person to use the Site other than in accordance
with these Terms and Conditions;
upload any files that contain viruses, Trojan horses, worms, time
bombs, corrupted files or any other similar software or programs
that may damage the operation of the Site or another's computer or
property of another; or
input any material which is subject to Intellectual Property Rights
of Us or any third party.
6.3 You must
keep Your user name and password and any other account names,
tokens or log in identifications required to access the Site secure
and confidential. You must notify Us immediately of any
unauthorised use of Your username or password or any other breach
SYSTEM INTEGRITY & USER CONDUCT
limiting clause 6, You must not use the Site or any other
communication medium of Ours, including Facebook and any other
social media platform, to:
impersonate or otherwise misrepresent Your identity or affiliation
with any other person or entity;
input, upload, post, disclose or transmit any material that is
defamatory, obscene, indecent, lewd, pornographic, violent,
abusive, insulting, threatening, harassing or misleading or
input, upload, post, disclose or transmit any material which is
subject to Intellectual Property Rights of Us or any third party or
breaches any duty of confidence or contractual obligation owed to
Us or any third party;
input, upload, post, disclose or transmit any material that is
unlawful or violates any law;
send junk, obscene, indecent, offensive or threatening electronic
mail or electronic mail in contravention of theSpam Act 2003(Cth)
to any person or company;
falsify or delete any attributions, legends, or other proprietary
designations of origin or source of any content of the Site;
conduct, display, or forward surveys, contests, pyramid schemes, or
interfere with or disrupt the Site or servers or networks connected
to the Site, or disobey any requirements, procedures, policies, or
regulations of networks connected to the Site;
attempt to gain unauthorised access to the Site or computer systems
or networks connected to the Site through any means;
commit forgery (or attempted forgery), harass any individual, or
harm minors in any way;
collect, store, input, upload, post, disclose or transmit personal
information or data about others, including, without limitation,
tax file number information and email addresses;
breach thePrivacy Act 1988(Cth) or the Australian Privacy
contravene or breach any applicable state, Commonwealth or
international law, convention or regulation.
acknowledge and agree that You must not:
the Site for any purpose other than the purpose for which it was
designed and intended;
commit or permit any act which may interfere with the use of the
Site by any other user;
tamper with, hinder the operation of or make unauthorised
modifications to the Site or any part thereof;
copy, republish, frame, download, transmit, rent, lease, loan,
sell, distribute, licence or sublicense the Software or any content
within the Site or any part thereof; or
damage, modify, alter, adapt, disassemble, reverse engineer,
decompile or amend the Software or any content within the Site or
any part thereof in any way.
acknowledge and agree that any material contributed by You on our
Site, Facebook or other media may be removed by Us at Our
discretion and We shall accept no liability for any loss or damage
caused by or in connection with such removal.
7.4 You must
not without prior written consent of Us which shall be given, given
with conditions or withheld at Our absolute discretion:
affix or otherwise display Your name or logo on the content of the
Site in a way that suggests a direct or indirect association with
Us and/or any content provider to the Software or the Site;
another user's username or password.
LINKS & ADVERTISING
8.1 This Site
may contain links to third party websites. Those websites are not
under the control of Us and We are not responsible for the content
of the links contained in those websites or any webcasting or other
transmission received from any such websites.
We nor Our officers, directors, employees, agents, or related
bodies corporate recommend or endorse the content of any third
party websites which may be linked to or from the Site, or products
or services of any third party organisations mentioned or described
on this Site or linked to or from this Site. You acknowledge that
you enter any third party websites at Your own risk.
8.3 The Site
may contain advertisements for third parties' goods and/or
services. The third party advertisers are responsible for the
accuracy of all representations made in those advertisements.
Neither We nor Our officers, directors, employees, agents or
related bodies corporate recommend or endorse the goods or services
that may be advertised on the Site, nor do they offer the goods or
services for sale or make any other representation whatsoever about
them. If you choose to order a product or service advertised by a
third party on the Site, you do so at Your own risk.
8.4 You may
link the Site from any other website not owned or operated by Us
without prior written consent from Us, however, You acknowledge and
agree that We reserve the right to block or otherwise disallow such
links at Our discretion.
INTELLECTUAL PROPERTY RIGHTS
information, names, text materials, graphics, logos, button icons,
images, video and audio clips, trade marks (whether registered or
not), advertisements, layout, arrangement, graphical user
interface, look and feel, and control features of the Site (the
"Content") is protected by Intellectual Property Rights.
Content, the Software, and the Site are protected by copyright laws
and other Intellectual Property Rights. You acknowledge that We are
the owner of these rights, with Our affiliates or other third party
product and company names and logos contained within the Site are
the trade marks, service marks or trading names of their respective
owners, including Us.
acknowledge and agree that no right, title or interest in any of
the Intellectual Property Rights in the Content, the Software, or
the Site is transferred or granted to You, other than the rights
granted expressly by these Terms and Conditions.
9.5 You agree
without limiting any other term, clause 7 applies to the
Intellectual Property Rights created, formulated or discovered by
You through the use or access to the Software, or the Site will be
the sole and exclusive property of Us including but not limited to
any content and/or work or material created, formulated or
developed by You and submitted by You through the use or access to
the Software or the Site;
will promptly sign all documents and do all things necessary to
register, vest or transfer any interest or ownership in the
Intellectual Property Rights created under to Us.
ENGAGEMENT AND FEES
Your use of the Site or Your completion of any forms or tables on
the Site does not automatically create a relationship of any sort
between You and Us, including that of client and agent.
Any Fees indicated on the Site are subject to change without prior
INFORMATION PROVIDED AND PRIVACY
Terms and Conditions.
information that You provide to Us:
authorise Us to use, store or otherwise process any information
including personal information which relates to and/or identifies
You, including, but not limited to, Your name, company or business
name, email address, other social media information such as
Facebook and postal address (the "Personal Information"), to the
extent reasonably necessary for the provision of the Site by Us,
Our successors (including the purchaser of the whole or part of Our
business), associates, sub-contractors or other third parties.
must ensure that the Personal Information You provide to Us and
that all registration details (where applicable) contain Your
correct name, address, e-mail address and other requested
accepting these Terms and Conditions, You agree to the processing
and disclosure of the Personal Information for the purpose of us
providing the Site. If You would like to review or modify any part
of Your Personal Information then You should contact Us.
We will keep in confidence Your Personal Information and will not
disclose that information to any person without Your written
Clause 12.1 will not apply to:
information which has been published other than through a breach of
this clause; and
information which We are required to disclose by the Australian
Taxation Office, a court of competent jurisdiction, any government
body or applicable regulatory authority or any other person or
bodies having a right, duty or obligation to request such
information and then only in pursuance of such right, duty or
This clause will remain in effect not withstanding termination or
expiry of Your use of the Site.
We do not warrant that:
Software, or the Site will provide any function for which it is not
Software or the Site will provide any minimum level of
Software or the Site will be virus free or free of performance
anomalies or be operational without interruption.
You warrant to Us that at the time of entering into the Site, You
were not relying on any representation made by Us.
Except as expressly provided to the contrary, and to the extent
permitted by law, We make no representations or warranties of any
kind, express or implied as to the operation of Your access to or
the results of Your access to the Software or the Site (including
any related or linked websites) or the correctness, accuracy,
timeliness, or completeness or reliability of the information,
content, materials or products included on the Site.
DISCLAIMER AND LIMITATION OF LIABILITY
This Site is provided by Us on an "as is" basis without any express
or implied warranty of any kind.
The Software or the Site may contain inaccuracies or typographical
The World Wide Web exists across open public networks that are
neither secure nor private. Accordingly, You acknowledge and accept
the risk that any communication to or from the Site may be
intercepted, used or modified by third parties.
We may change any of the material on the Site at any time without
notice and We make no commitment to update any material on the
You are responsible for assessing the reliability, accuracy,
completeness, timeliness, suitability, quality, physical state or
for a particular purpose of the material on or accessible through
You accept all risks and responsibility for all loss, damage, costs
and other consequences resulting from Your use of the Site or the
material on or accessible through the Site.
You release Us and Our officers, directors, employees, agents or
related bodies corporate from its liability for any loss or damage
including without limitation, loss of information, indirect,
special, punitive or consequential losses or damages arising out of
the use or inability to use or reliance on the material or
information available on or accessible through the Site, even if We
have been advised of the likelihood of such damages and whether or
not caused by any negligent act or omission.
Without limiting clause 14.7, You release us from any loss or
damage (including indirect, special or consequential loss or
damage) arising from the use of, or reliance on the Software or the
Site, whether or not caused by any negligent act or omission
including but not limited to:
Your reliance on the Software or the Site;
statements or actions of any employee or agent of Ours;
unauthorised access to or alteration of Your transmissions or
information that is sent or received or not sent or received;
failure to store or loss of data or files or other content;
Your fraudulent, negligent or otherwise unlawful behaviour;
delay or interruption of the Software or the Site;
loss incurred as a result of a third party obtaining Your access
details, either with or without Your knowledge;
any loss or damages in relation to the supply of services on or in
relation to this Site and any advertisement placed on the Site or
information made available on the Site.
RELEASE AND INDEMNITY
15.1 You agree to release
and hold harmless and indemnify and keep indemnified Us, and Our
officers, directors, shareholders, employees, consultants, agents,
and related bodies corporate from and against all losses, damages,
expenses and costs suffered by You (including solicitor client
costs on a full indemnity basis) and all third-party claims,
liability, losses, damages, expenses and costs arising from any
claim, demand, suit, action or proceeding by any person in relation
to or in connection with Your use of the Site, the Software, the
Content or Your failure to comply with these Terms and Conditions,
or from Your violation of any applicable law or the access to the
Site by a third party, either with or without Your knowledge.
16.1 You acknowledge and
agree that these Terms and Conditions apply to updates,
supplements, add on components, or internet based services
components of the Software and the Site together with any other
terms along with the update, supplement, add on component or
internet based services components which We provide.
This clause 17 governs the use of MyPatient Ordering by Patients
and the relationship of all users.
the event of inconsistency between this clause 17 and any other
clause in these Terms and Conditions, this clause 17 shall prevail
to the extent of the inconsistency.
prices for Goods specified on MyPatient Ordering visible to
Patients are the prices adopted by Us for the Goods and are subject
to variation without notice by Us at any time prior to the time the
Goods are purchased by a Patient.
prices for Goods specified on MyPatient Ordering are inclusive of
GST (if any) unless otherwise indicated.
Patient will pay Us the amount charged by Us for the Goods plus any
freight charges and taxes at the time of placing an Order.
Our policy as to freight is as published on Our Site, and We
reserve the right to change Our freight policy at any time without
will issue an invoice for the Order to the Patient.
Patient will pay to Us, on demand, on a full indemnity basis, all
amounts that We may, at Our absolute discretion, expend or incur
(including legal costs on a solicitor and own client basis) as a
result of the Patient defaulting on any of the terms contained in
these Terms and Conditions.
17.4 Method Of
Payment can be by way of credit card or
other payment methods as agreed by Us in Our sole discretion.
Cheques or money orders will not be accepted.
Orders will generally be dispatched by Us within 2 business days of
the date of the Order. Delivery times may vary depending on the
volume of the Order and the nature of the Goods ordered.
Should the Patient indicate that Goods may be left without being
signed for, We assume no responsibility for any Loss arising as a
consequence of the Goods being left at the Delivery Address without
being signed for.
Patient shall be deemed to have accepted the Goods to be of
description, quality and quantity ordered unless particulars of any
claim are notified to Us within 2 days after arrival of the Goods
at the Delivery Address.
Considering the nature of the Goods supplied to the Patient, the
Parties agree that 2 days is a reasonable timeframe for giving
notice pursuant to this clause.
Cancellation Of Order
The Patient shall not be entitled to cancel
17.8 Out Of
In the event Goods purchased by a Patient
are subsequently discovered to be out of stock following an Order
being placed, We will advise the Patient of this as soon as
possible and will offer to reimburse the Patient for the amount
paid for the out of stock Goods.
a Patient purchases a Practitioner Product then the Patient agrees
and acknowledges that:
it has been prescribed the Practitioner Product by a Practitioner
in the context of a consultation and not by Us;
are not a Practitioner and therefore cannot and do not verify
whether the Practitioner Product is suitable or safe for the
Patient to purchase and use;
(iii) We are
in no way responsible for any Loss that arises or is suffered by
the Patient as a result of his or her purchase and/or use of the
Practitioner Product in any circumstances whatsoever.
a Patient purchases a Retail Product:
the Patient agrees and acknowledges that no warranties are given to
the Patient by Us or the Practitioner that the Retail Product is
suitable or safe for the Patient to use in any circumstances
the Patient warrants that it has made its own independent enquiries
as to the suitability of the Retail Product for its own use and has
not relied on any information provided by Us or the Practitioner in
making the decision to purchase and use the Retail Product.
a Patient purchases any Goods the Patient warrants and agrees that
they are purchasing those Goods for their own use and that they
will not resell or provide the Goods to any third party.
the maximum extent permitted by law and that can be contracted out
of, the parties agree that We give no representations, warranties
nor do We have any obligations (including anything under
theCompetition and Consumer Act 2010(Cth)) in respect of the Goods
purchased by the Patient.
17.10 Release And
Except as provided under these Terms and Conditions and to the
extent permitted by law the Patient shall indemnify and hold Us
harmless from and against any and all Loss and Claims of any nature
incurred or suffered by the Patient arising in connection with
MyPatient Ordering or out of the sale of the Goods except where the
liability arises as a direct result of Our negligence in
manufacturing, storing or selling the Goods.
the avoidance of doubt the Patient shall release and hold Us
harmless from any Loss suffered by the Patient as a result of the
Patient's purchase and/or use of any Goods prescribed or
recommended by a Practitioner.
the avoidance of doubt We will not be liable under any
to any Patient for any Loss suffered by that Patient as a result of
the Patient's use of Practitioner Products in conjunction with any
other goods or products not supplied by Us;
any Patient for any Loss suffered by that Patient as a result of
the Patient's use of Retail Products;
(iii) to any
Patient for any Loss suffered by that Patient as a result of the
Patient's use of Practitioner Products otherwise than as
recommended by the Practitioner; or
(iv) to any
Patient or to any third party for any Loss suffered by that third
party as a result of use of any Goods which the Practitioner did
not intend to be used by that third party.
BREACH AND TERMINATION
18.1 We reserve the right
to deny You access to, or use of, all or part of the Site, without
prior notice, if You engage in any conduct that We believe, in Our
violates any term or provision of these Terms and Conditions;
violates the rights of Us or any third party; or
otherwise inappropriate for continued access and use of the
18.2 We may terminate
Your right to access to, or use of, all or part of the Site,
immediately on written notice to You, if You:
commit a material breach of these Terms and Conditions, which is
capable of remedy, and You fail to remedy the breach within a
reasonable time of a written notice to do so; or
commit a material breach of these Terms and Conditions which cannot
be remedied; or
repeatedly in breach of these Terms and Conditions; or
fail to pay any Fees or charges payable for the access to and use
of the Site pursuant to these Terms and Conditions.
18.3 Termination of Your
access to the Site shall be without prejudice to the rights of the
parties accrued before termination. All restrictions imposed on
You, disclaimers and limitations of liability set out in the Terms
& Conditions will survive termination.
Publication of electronic addresses on this
Site is for the purpose of professional communication only and must
not be used to infer consent to the receipt of unsolicited
commercial electronic messages.
We operate the Site in Australia. Information
contained on the Site may not be appropriate or available for use
in other locations. If you access the Site from other locations,
you do so at Your own initiative and you are solely responsible for
compliance with local laws.
19.3 Change of
These Terms and Conditions continue unless
amended by Us. We reserve the right to amend these Terms and
Conditions at any time without prior notice by publishing updated
Terms and Conditions on any website operated by Us.
19.4 Binding on
These Terms and Conditions shall be for the
benefit of and binding upon the Parties and their heirs, executors,
successors and permitted assigns.
These Terms and Conditions are governed by the laws of New South
Wales and the Commonwealth of Australia which are in force in New
Parties submit to the jurisdiction of the Courts of New South
Wales, relevant Federal Courts and Courts competent to hear appeals
rights and remedies of a party to these Terms and Conditions are in
addition to the rights or remedies conferred on the party at law or
These Terms and Conditions contain the entire understanding and
agreement between the Parties as to the subject matter of these
Terms and Conditions.
previous negotiations, understandings, representations, warranties,
memoranda or commitments about the subject matter of these Terms
and Conditions are merged in these Terms and Conditions and are of
no further effect.
oral explanation or information provided by a Party to another
affects the meaning or interpretation of these Terms and Conditions
or constitutes any collateral agreement, warranty or
No waiver by a Party of a provision of these
Terms and Conditions is binding unless made in writing.
If a provision of these Terms and Conditions
is void or unenforceable it must be severed from these Terms and
Conditions and the provisions that are not void or unenforceable
are unaffected by the severance.
Thecontra proferentemrule and other rules of
construction will not apply to disadvantage a Party whether that
Party put the clause forward, was responsible for drafting all or
part of it or would otherwise benefit from it.
19.10 Time of the
Time is in all cases and in every respect of
the essence of these Terms and Conditions.
Where possible, the obligations of the parties
under these Terms and Conditions will indefinitely survive the
finalisation or discontinuance of these Terms and Conditions.
19.12 Force Majeure
We shall not be liable by reason of the
failure in the performance of obligations under the Terms and
Conditions by reason of strikes, riots, fire, explosion, acts of
God, governmental action, or any other cause which is beyond the
reasonable control of Us, including any form of technological
failure or the actions of third parties.
19.13 Execution of
The parties must execute and deliver all
documents and must do all things as are necessary for the complete
performance of their respective obligations under there Terms and
Any notice or demand in writing required to be
given by one party to the other shall be sufficiently served
served personally or by pre-paid mail to the party's address;
sent by facsimile machine to the party's facsimile machine;
sent in electronic form by email to the party's email address;
published by notice on the Site.