Terms & Conditions
Med CPD Pty Ltd ACN 646 012 562 (‘we’, ‘our’, ‘us’) may amend these Terms from time to time. Amended Terms will be uploaded to this website. You use of the website after we make amendments to these Terms will oblige you to comply with these Terms as amended.
1. Intellectual property
1.1 All intellectual property in this website, including copyright, any trade marks and any other intellectual property rights in or associated with this website is owned or licensed to us.
1.2 You must not do or allow any third party to do anything which may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of the website.
2. No representations and warranties
2.1 To the maximum extent permitted by law, we do not provide any representations or warranties relating to this website, its content or its availability.
2.2 We do not warrant or represent that the information provided in this website (including any information or materials which are linked to this website, services provided by us or any products):
2.2.1 is accurate or has been designed to meet your specific needs;
2.2.2 amounts to the provision of medical advice being given by us; or
2.2.3 is not a recommendation by us to you of a product or service which would meet your requirements
2.3 The use of the information on this website is entirely at your own risk and it is your responsibility to ensure the information, products or services meet your needs.
2.4 We will not be responsible in any way for the availability of the website subject to any negligence, breach of law or circumstances within our reasonable control. We will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise) to maintain the performance of this website where this is within our direct control.
2.5 We cannot and do not warrant that the website will operate error-free or that the website and its server are free from computer viruses or other harmful mechanisms.
3.1 We take all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers. In addition, our employees and the contractors who provide services relating to our information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on our behalf.
3.3 We exercise all due care to ensure that your information is secure on our system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers. You release us from any liability that may arise if any other persons obtain the information you submit to the website, subject to any negligence or breach of law on our behalf.
4. Risks and release from liability
To the maximum extent permitted by law and subject to any negligence or breach of law on our behalf:
4.1 we accept no liability for any loss or damage howsoever arising (including any indirect or consequential loss) to any person or corporation who may rely on the information contained on this website for any purpose or as a result of the use of or access to this website; and
4.2 you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against us in respect of, arising out of or resulting from access, attempted access or use of the website.
5. Third party data
We are not responsible for the content of any data on or accessed through the website that is not originated by us. We exercise no direct supervision or control over the content of such data. We do not assume any responsibility for data not actually provided or expressly authorised by us. The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data.
6. Acceptable uses
You must use the website responsibly and within the law. It is your responsibility to:
6.1 use the website in a manner which does not violate any applicable laws or regulations;
6.2 respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the website;
6.3 respect the privacy of others;
6.4 use the website in a manner which does not interfere with or disrupt other users of the website, services or equipment;
6.5 refrain from acts that waste resources or prevent other users from receiving the full benefit of the website; and
6.6 use the website lawfully, ethically and in accordance with accepted community standards.
7. Unacceptable uses
7.1 You must not use the website in any way which breaches local, state, federal or international laws or regulations. Without limiting that, you must not:
7.1.1 violate copyright, trademark or other intellectual property rights;
7.1.2 illegally store, use or distribute software owned by or licensed to us;
7.1.3 transmit threatening, obscene or offensive materials;
7.1.4 discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.1.5 misrepresent or defame others;
7.1.6 commit fraud;
7.1.7 damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources;
7.1.8 make an unauthorised transmission of confidential information or data protected by trade secrets;
7.1.9 engage in misleading or deceptive on-line practices;
7.1.10 conduct any business or activity or solicit the performance of any activity that is unlawful;
7.1.11 impersonate any person, or misrepresent your identity or affiliation with any person; or
7.1.12 attempt to do any of these things.
7.2 You must not use the website to interfere with or disrupt the website or other users, services or equipment. In particular, for example, you must not:
7.2.1 distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
7.2.2 send unsolicited commercial messages;
7.2.3 initiate or spread computer worms, viruses or other types of malicious programs;
7.2.4 make transmissions of any type or quantity which adversely affect the operation of the website or jeopardises the use of the website, or its performance for other users of the website; or
7.2.5 harass or impersonate us, the website or other users of the website;
7.2.6 engage in conduct which causes a threatened or actual nuisance to other users of the website; or
7.2.7 violate or attempt to violate the security of the website.
8. Our rights
8.1 You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that we suffer or incur as a result of any breach of these Terms by you.
8.2 Without limiting any of our other rights, if you breach any term of these Terms, we will have the right to:
8.2.1 confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the website;
8.2.2 require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;
8.2.3 suspend or terminate your access to the website; and
8.2.4 take any other action against you.
9. What we may do to ensure that these Terms are being followed
9.1 We may (but are not obliged to) monitor your use of the website to determine whether these Terms are being followed. If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.
9.2 If we become concerned that your use of the website may break the law or that you have not complied with these Terms, we will generally attempt to contact you before taking action (if possible).
9.3 If we believe that your use of the website may break the law or that you have not complied with these Terms we may:
9.3.1 notify you by email (if possible);
9.3.2 suspend or terminate your access to the website without notice; and/or
9.3.3 notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
10.1 Whilst we will make all commercially reasonable efforts to post a prior warning on the website, we may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website, provided that we will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.
10.2 Without notice to you, we may remove, amend or alter any material or data in the website upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.
11.1 the purposes for which your personal information is collected;
11.2 the consequences if your personal information is not provided to us;
11.3 the third parties to which we disclose your personal information;
11.4 how you may seek access or correction of your personal information;
11.5 whether your personal information is likely to be disclosed to overseas entities and in which countries; and
11.6 how you can complain about a breach of our obligations in respect of your personal information and how such a complaint will be dealt with.
12.1 These Terms constitute the entire agreement between you and us in relation to your access and use of the website.
12.2 No right under these Terms will be deemed to be waived except by notice in writing signed by the relevant party.
12.3 If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, these Terms will remain otherwise in full force apart from such provisions which will be deemed to be deleted.
12.4 These Terms are governed by and construed in accordance with the laws of South Australia. You irrevocably consent to the non-exclusive jurisdiction of the courts of South Australia for the purpose of any legal action or other dispute resolution arising out of or related to the use of the website or these Terms.
13. Contact Us
Any questions, complaints or claims regarding these Terms or the website should be emailed to us at email@example.com.