Terms and Conditions
Terms and Conditions of Website Use
This website (Site) is owned and operated by Digital Health Library Pty Limited (ACN 160957200) of 1/49 Briggs Street Camperdown NSW 2050 (“we, us, our”). Please read these Terms and Conditions (Terms) carefully, as they govern your access to and use of the Site. By accessing this Site, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree with the Terms you should immediately stop using this Site. Your right to access and use this Site is conditional at all times on your acceptance of, and compliance with, these Terms and your compliance with all applicable laws of the Commonwealth of Australia.
1. OWNERSHIP OF MATERIALS
1.1 Unless otherwise expressly indicated in these Terms, all intellectual property rights of any kind in this Site or its content (including without limitation information, data, images, text, graphics, audio and visual materials, software, tools, names, logos, trademarks and any Submissions Uploaded (as these terms are defined in clause 4.1 of these Terms) by you) (Materials) are owned by or licensed to us and protected by copyright, trade mark and other intellectual property rights and laws, and all rights are reserved.
1.2 Nothing in these Terms shall be construed as conferring upon you any right or license (by implication, estoppel or otherwise), under copyright or other intellectual property rights, in relation to the Materials.
1.3 The Materials may be used by you ONLY for personal, non-commercial purposes on the condition that you keep the Materials intact in the same form as displayed on the Site, and do not remove any trademark, copyright or other proprietary notices contained in the Materials.
1.4 You must not, without our prior written consent, modify, reproduce, adapt, alter, decompile, disassemble, reverse engineer, post or upload to another website, transmit, broadcast, copy, duplicate, distribute, publish, create derivative works of, exploit or otherwise deal with the Materials in any way, in whole or in part.
2. RESTRICTIONS ON USE
You must not do, directly or indirectly, anything which may:
(a) violate any applicable local, state, national or international laws;
(b) infringe or adversely affect our right, title and interest in the Site or Materials;
(c) infringe or adversely affect any third party’s rights;
(d) interfere with or disrupt the Site operation, functionality, security or any hardware, software, servers, networks or equipment connected to it;
(e) interfere with or disrupt the use of the Site by other users of the Site (Users);
(f) “stalk” or otherwise harass other Users;
(g) attempt to monitor, gather or extract information about Site usage, architecture or Users;
(h) create a link to any part of the Site without our prior written consent.
3. THIRD PARTY MATERIALS (LINKS AND ADVERTISEMENTS)
3.1 This Site may contain any of the following (Third Party Materials):
(a) links (Links) to or information regarding websites operated by third parties (External Sites);
(b) advertisements (including banner ads and referral buttons); and
(c) Materials placed by third parties.
3.2 You acknowledge and agree that:
(a) the Third Party Materials are provided for your convenience only;
(b) we do not endorse or recommend and are not responsible or liable for, or make any representation or warranty in relation to, any of the Third Party materials, their content, reliability, accuracy, operation, owners’ conduct or any goods or services available through them; and
(c) your access or use of the Third Party Materials is entirely at your own risk, and will be governed by the terms and conditions applicable to these Third Party Materials and you waive and release us from any claim, demand or action in relation to any cost, expense, damage or liability incurred by you in connection with your access to, use of, or reliance on the Third Party Materials, including without limitation any purchase of goods or services through them.
4. PRIVACY AND CONFIDENTIALITY
4.2 we endeavor to protect the security and privacy of the Site and Materials, including any Submissions Uploaded by you. However you acknowledge and agree that electronic transmission, communication and storage can not be completely secured from third party access or intervention.
4.3 we do not guarantee the security, safety and confidentiality of the Site and Materials and it is entirely your responsibility to implement any measures necessary to satisfy any safety or security requirements you may have in relation to your Submissions or any system, equipment, hardware or software used by you and protect them from unauthorized access, interference or damage.
5. NO WARRANTY
5.1 Nothing in the Site or Materials constitutes, or is intended to provide, any advice of any kind. The Site and Materials are provided on an “AS IS” basis, and to the fullest extent permitted by law we disclaim any representations or warranties of any kind, express or implied, including without limitation warranties in relation to accessibility, reliability, completeness, accuracy, security, fitness for any purpose, timeliness, title or non infringement of the Site, the Materials, Third party Materials or Submissions.
5.2 Without derogating from the above, we do not represent or warrant that:
(a) access to the Site, Materials or Third Party Materials will be available, uninterrupted or error free, that the Site will be fully functional or that defects will be corrected;
(b) the Site, Materials or Third Party Materials will be free from infections, viruses, worms, Trojan horses or other contaminating or destructive components;
(c) the Site, Materials or Third Party Materials will not be accessed or interfered by third parties; and
(d) the Site, Materials or Third Party Materials comply with any legislation outside Australia.
5.3 You acknowledge and agree that you are accessing and using the Site and Materials entirely at your own risk and you are solely responsible for:
(a) making your own enquiries in relation to any Materials or Third Party Materials before relying on them for any purpose;
(b) protecting any equipment, system, hardware and software that may be affected by your access or use of this Site or Materials (Related System), and repairing at your cost any damage or defect caused to the Related System in connection with your access to or use of the Site or Materials; and
(c) any loss, damage, cost, expense, or liability of any kind incurred by you, directly or indirectly and however arising, as a result of or in connection with your access to, use of or reliance on the Site or Materials.
6. LIMITATION OF LIABILITY
6.1 To the fullest extent permitted by law, we ,any company related to us and any of our officers, employees, contractors and agents (our Group) are not and will not be liable for any loss, damage, cost, expense or liability of any kind, and you waive, release and discharge our Group from any claim, action or demand, incurred or suffered by you or any Related System, directly or indirectly, as a result from or in connection with any:
(a) access to or use of, or failure to access or use, the Site, Materials or Third Party Materials;
(b) reliance on or the content of the Site, Materials and Third Party Material;
(c) the availability, functionality, reliability, operation, completeness, accuracy, security or timeliness of the Site, Materials or Third Party Material;
(d) defects, viruses, delays, interruptions, errors, omissions or failures related to the Site, Materials or Third Party Material;
(e) services or goods made available to or purchased by you through the Site, Materials or Third Party Material, or their fitness for any purpose or merchantability to the extent permissible by law; or
(f) Uploading of Submissions.
6.2 In no event shall we be liable for any incidental, consequential, indirect, special or punitive loss, damage, cost, expense or liability of any kind, including without limitation loss of profit, business opportunity, goodwill or other.
6.3 To the extent our liability can not be excluded or limited by law, or where any condition, warranty, right or remedy is conferred on you or implied by law, our liability will be limited to the maximum permitted extent, at our option:
(a) In the case of services, to supplying the services again or paying the cost of having the services supplied again;
(b) In the case of goods, to replacing or repairing the goods or supplying them again, or paying the cost of replacing or repairing the goods or purchasing equivalent goods.
You agree to indemnify our Group and hold us harmless from and against any and all claim, action, demand, suit or proceeding submitted against our Group or any cost, expense, loss, damage or liability of any kind suffered or incurred by our Group, directly or indirectly, however and whenever arising, as a result of or in connection with your breach of these Terms or your act or omission in relation to the Site, Materials or Third Party Materials, their access or use by you, including without limitation any Submissions Uploaded by you and any infringement of any third party rights by you.
8. MONITORING, ALTERATION AND TERMINATION
8.1 we may, at our sole discretion, for any reason whatsoever and without notice to you:
(a) monitor and review your access to or use of the Site, Materials and Third Party Materials and your Submissions;
(b) gather and process any records or information provided by you or created when you access or use the Site, Materials or Third Party Materials, including without limitation personal information and information acquired through the use of “cookies” programmed during accessing the Site;
(c) alter, edit, delete or remove the Site or any Materials or Third Party Materials, including your Submissions; and
(d) cancel, suspend, limit, vary the terms of, restrict or terminate your access to or use of the Site or Materials;
8.2 we have no liability for any cost, expense, loss, damage or liability of any kind arising in connection with any action we take under clause 9.1.
9.1 If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
9.2 These Terms will be governed by and interpreted in accordance with the laws and courts of New South Wales and the Commonwealth of Australia, without giving effect to any principles of conflicts of laws. You agree to irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia, to determine any dispute arising out of or in connection with these Terms.
9.3 Any right we have in relation to these terms may only be waived by us in writing. Our failure to exercise any rights or enforce any remedy against you will not constitute a waiver of such rights or remedy.
9.4 We may, at our sole discretion, for any reason whatsoever vary or abolish any of these Terms, and you should carefully review the Terms as displayed every time you access the Site.