1. General provisions
These Terms and Conditions of Use (“Terms and Conditions”) constitute an agreement made by and between Online Medical Pty Ltd ACN 141 416 220 (“Online Medical”) and you ("you," "your" or "User"). These Terms and Conditions govern your use of this website located at www.onlinemedical.com.au (“Site”).
By accessing, visiting, browsing, using or attempting to interact with any part of this Site, or other Online Medical services, websites or any of Online Medical's licensees services or software (collectively "services"), you agree that you have read, understand and agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions then you must leave this Site immediately.
Online Medical reserves the right, from time to time, with or without notice to you, to make changes to these Terms and Conditions in Online Medical's sole discretion. Continued use of any part of this Site constitutes your acceptance of such changes. The most current version of this Terms and Conditions, which supersedes all previous versions, can be reviewed by clicking on the "Website Terms & Conditions" hyperlink located at the bottom of each page on the Site.
2. Access to this site
To access the Site or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on this Site is correct, current, and complete. If Online Medical believes the information you provide is not correct, current, or complete, Online Medical has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.
3. Restrictions on use
You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the Site, you warrant to Online Medical that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. For example, you may not (and may not authorize any party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) data mine or conduct automated searches on the Site, or (iv) tamper with or hinder the operation of the Site, or (v) make unauthorized modifications to the Site; or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of Online Medical.
For the purpose of these Terms and Conditions, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site.
You agree to cooperate with Online Medical in causing any unauthorised co-branding, framing or hyper-linking immediately to cease. In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
4. Personal and non-commercial use limitation
The Site is for your personal and non-commercial use, unless otherwise specified. You may not use the Site for any other purpose, including any commercial purpose, without Online Medical’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Site.
5. Proprietary information
The material and content accessible from this Site (the "Content") is owned or licensed to Online Medical. Online Medical or the licensor of the Content retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Online Medical, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. No part of the Content may in any form or by any means be reproduced, adapted, stored in a retrieval system or transmitted without the permission of Online Medical. Modification or use of the Content except as expressly provided in these Terms and Conditions violates Online Medical’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
This Site may contain hyper-links to other sites that are not maintained by, or related to, Online Medical. Hyper-links to such sites are provided as a service to Users and are not sponsored by or affiliated with this Site or Online Medical. Online Medical has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are accessed at the User's own risk, and Online Medical makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. The inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Online Medical of that site or any association with its operators.
7. Use of communication services
The Site may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to that Communication Service.
When using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:
- you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, indecent, or defamatory;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, contains an individual’s personal information, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
- advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other Users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- includes MP3 format files;
- amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
- disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Online Medical reserves the right to monitor use of this Site to determine compliance with these Terms and Conditions, as well as the right to remove or refuse any material for any reason. Online Medical reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Online Medical also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Online Medical nor any third party that provides Content to Online Medical will assume or have any liability for any action or inaction by Online Medical or such third party with respect to any submission. Online Medical cautions you against giving out any personally identifying information about yourself or any other individual (including children) in any Communication Service. Online Medical does not control or endorse the content, messages or information found in any Communication Service and, consequently, Online Medical specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Commentators and hosts of a Communication Service are not authorized Online Medical spokespersons, and their views do not necessarily reflect those of Online Medical.
8. Takedown procedure
Online Medical commits to removing all material posted by Users as soon as practical after receiving a notification that a User’s material may be a breach of copyright, is defamatory or is otherwise claimed to be illegal.
To notify Online Medical of a claimed infringement of copyright, please send a notification by submitting the General Enquiry form on the Online Medical website, including the following information:
- the alleged material in which copyright is claimed and its location on the Site and any other information reasonably sufficient to permit Online Medical to locate the material;
- information of the complaining party (“Complainant”) which includes for example, the Complainant’s name, address, telephone number (both land line and mobile) and email address;
- an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringed material;
- a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, the copyright agent or the law;
- a statement that the information contained in this notification is accurate and, under penalty of perjury, that the Complaint may is authorised to act on behalf of the owner of the exclusive copyright which is allegedly being infringed.
To notify Online Medical of any material that you consider should be removed from the Site, other than because of an alleged copyright infringement, please submit the General Enquiry form on the Online Medical website.
You grant to Online Medical a royalty-free, fee-free, perpetual, irrevocable, worldwide, non-exclusive right and license, including the right to sub-license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information you communicate to Online Medical through this Site or upload to a Communication Service (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Online Medical will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Content and Online Medical operations.
11. No duty of care
You access this Site at your own risk and you are responsible for complying with the laws of your own country, in addition to complying with the laws of Queensland and Australia regarding access to the Site.
While Online Medical makes the Site available for you to use, Online Medical does not assume a duty of care to you. Online Medical makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content, Communication Services and any other facilities available on the Site.
Before relying on the Content, Online Medical recommends that you make your own investigations to determine whether the Content is accurate, correct and applicable to you.
You understand and agree that to the maximum extent permitted by law:
- your use of the Communication Services, Content and Site is at your sole risk. The Communication Services, Content and Site are provided on an “as is” and “as available” basis. Online Medical and its officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
- any Content or materials downloaded or otherwise obtained through the Site is accessed at your own discretion and risk, and you are solely responsible for an damage to your computer or loss of data that results from the download of the Content or material;
- no advice or information, whether oral or written obtained by you from Online Medical or the Site or through the Content or Communication Services creates any warranty that is not contained in these Terms and Conditions;
- Online Medical does not warrant that the Communication Services, Content or the Site is free of viruses, worms, Trojan horses or other source code that may manifest with contaminating or destructive properties. You agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements maintaining a means external to this Site for reconstructing lost data;
- Online Medical does not warrant that the Content is complete, accurate and update to date or that the Content, Communication Services and Site will meet your requirements or expectations;
- Online Medical does not warrant that the Communication Services and Site is accurate, reliable and will operate in a timely, secure, error-free and uninterrupted manner;
- Online Medical does not warrant that any errors in the Content, Communication Services will be corrected
- Online Medical does not warrant that your use of the Content, Communication Services or Site will not infringe the rights of third parties;
- Online Medical does not warrant that the server hosting the Site is free of viruses or other harmful components.
13. Limitation on liability
Except for certain statutory warranties under consumer protection laws Online Medical does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to that Content or your use of the Communication Services or the Site.
Subject to any claims available under consumer protection laws, Online Medical, its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
- any inaccurate or incorrect information provided on the Site;
- your use of the Content;
- any failure or delay including, but not limited to, the use or inability to use any of the Content, the Communication Services or the Site;
- any interference with or damage to your computer system which occurs in connection with the use of the Content or the Communication Services or accessing the Site;
- the cost of procuring substitute goods and services as a result of any goods or services purchased or obtained through the Site or Communication Services;
- any unauthorised access to or alteration of your account information.
For claims that cannot be excluded or restricted under consumer protection laws, the liability of Online Medical or such a claim will (at Online Medical’s option and to the extent permitted by law) be limited to:
- the amount you paid Online Medical for the Content or service out of which the liability arose;
- in the case of goods the cost of repairing or replacing those goods or paying the cost of having those goods repaired or replaced;
- if the breach relates to services, resupplying those or equivalent services or paying the cost of having the services resupplied.
14. Termination or restriction of access
Online Medical reserves the right, in its sole discretion, to terminate your access to any or all of the Site and/or the Communication Services and the related services or any portion thereof at any time, without notice. Online Medical is not liable for any claims, demands or damages (including actual and consequential) of any kind for refusing, terminating or suspending your access to the Site.
By using this Site, you indemnify hold Online Medical, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that the Indemnified Parties may incur or suffer as a direct or indirect result of
- a breach of these Terms and Conditions;
- an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Site;
- any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third party’s copyright or trademark;
- any claim brought by a third party arising out of your use of the Content accessed from the Site.
16. Trademarks and copyrights
Trademarks, service marks, logos, and copyrighted works (“Materials”) appearing in this Site are the property of Online Medical or the party that provided the Material to Online Medical. Online Medical and any party that provided the Material to Online Medical retain all rights with respect to any of their respective Material appearing in this Site.
Unauthorised use of the Material will infringe the rights of Online Medical or the relevant owner of the Material. If you have infringed Online Medical’s or the owner of the Material’s rights in relation to the Material, Online Medical reserves its right to take action against you.
All contents of Online Medical’s Site are: Copyright © 2008-2015 Online Medical. All rights reserved.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password and your account details (if any). Online Medical will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Online Medical considers insecure, Online Medical will be entitled to require the password to be changed.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Online Medical reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Online Medical reserves the right to investigate suspected violations of these Terms and Conditions.
Online Medical reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Online Medical to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed by Online Medical in its sole discretion to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE AND HOLD HARMLESS ONLINE MEDICAL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ONLINE MEDICAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ONLINE MEDICAL OR LAW ENFORCEMENT AUTHORITIES.
18. Governing law and jurisdiction
The laws of Queensland and Australia govern these Terms and Conditions. By using this Site, you agree to submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
19. Access to site outside Australia
Online Medical does not represent or warrant that the Content or Site complies with the laws of any country outside of Australia. If you are accessing the Site from outside Australia, you do so at your own risk.
20. RSS feeds
If you utilise any facilities on the Site, including RSS Feed(s) (“Feed”) which may or may not be available from time to time, the format of the Feed must not be interfered with. You must include the back link to the full article on the Site and show any included attestation.
If Online Medical does not act in relation to a particular breach by a you of these Terms and Condition, this will not be treated as a waiver of Online Medical’s right to act with respect to subsequent or similar breaches.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Online Medical as a result of these Terms and Conditions or use of the Site.
24. Entire agreement
Headings are for ease of reference only and do not for part of or affect the interpretation of these Terms and Conditions.
Unless otherwise indicated, prices on the Site are exclusive of any applicable taxes and are in Australian currency.
27. Changes to terms and conditions
Online Medical may revise these Terms and Conditions at any time by updating this webpage.