MEDICOM AUSTRALIA
WEBSITE USE TERMS AND CONDITIONS
By entering and using au.medicom.com (the “Site”) you agree to and are bound by the terms and conditions set out below. A. R. Medicom (Australia) Pty Ltd (ACN 164 256 633) (“Medicom Australia”) may revise these terms and conditions at any time – please check here periodically to note any changes.
Ownership
This site is owned and operated by Medicom Australia. The material on this site is protected by Australian and international copyright and trademark laws.User Generated Content
If you post content on this Site, you grant Medicom Australia and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual right and licence under your copyright to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such material in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising. You shall not post content that includes or contains: (1) non-public information about persons or entities without the proper authorization to do so; (2) false information about yourself or others; or (3) a virus, trojan horse, worm, or other harmful or disruptive component.Content Guidelines
You agree that the content you post, submit, store, transmit, download, upload or distribute on this Site:
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Is NOT threatening, abusive, libellous, defamatory, obscene, or legally objectionable;
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does NOT constitute, encourage or condone:
- a criminal offense or give rise to civil liability;
- any form of violence, hatred or harassment;
- any form of discrimination on any ground covered by federal and state legislation in Australia, such as religion, race, colour, sexual orientation, disability, etc.;
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does NOT contravene any applicable law, regulation, policy, guidelines or industry standard, as determined by Medicom Australia
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does NOT involve the unauthorised use of information, software, music, trademarks, photographic images, personality rights or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or the holder of the intellectual property right.
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will NOT advertise or offer to sell or buy any goods or services for any business purpose,;
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does NOT falsify or delete 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 uploaded;
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does NOT restrict or inhibit any other user from using and enjoying the Site; and
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does NOT harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Monitoring
At any time and without notice, Medicom Australia may screen, disallow, review, edit or remove any content posted by you whether or not it appears to violate these terms and conditions. Medicom Australia has the right, but not the obligation, to monitor any content on this Site to determine compliance with these terms and conditions and other Medicom Australia policies and to satisfy any applicable law, regulation, policy, guidelines or industry standard or authorized government request. Medicom Australia does not endorse any content submitted by you or by others. You agree not to rely on any content as being screened, reviewed, monitored or approved by Medicom Australia.Access
You shall use this Site for lawful purposes only. Medicom Australia has the right to deny any person access to this Site or any portion thereof without notice. Medicom Australia has the right to immediately terminate your access to this Site where your conduct is unacceptable, as determined by Medicom Australia in its sole discretion, or where you have breached any of these terms and conditions or any other policy on this Site. Medicom Australia has the right to change or discontinue any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.Copyright and Other Intellectual Property
The trademarks and logos on this Site are registered and unregistered trademarks of Medicom Australia or are used under licence from, or with the consent of, the respective trademark owner. The display of trademarks or trade names on this Site does not convey or create any licence or other rights in these marks or names and their use without the written consent of Medicom Australia or the respective trademark owner is strictly prohibited.Limited Licence
Medicom Australia grants to you a strictly limited licence to display on your computer, print, download and use a single copy of the underlying HTML, text, audio clips, video clips and other content on this Site, for non-commercial (personal or educational) purposes only, provided that: (1) you do not modify any such content; and (2) you include with and display on each copy of such content the associated copyright notice and this limited license. No other use is permitted. Without limiting the generality of the foregoing, you may not: (1) make any commercial use of such content; (2) include such content in or with any product that you create or distribute; (3) copy such content onto your or any other person’s website; or (4) distribute such content to anyone whatsoever. Notwithstanding the above, nothing contained in this licence shall be construed as conferring any right under any copyright of Medicom Australia or any other person who owns the copyright in content provided on this Site.Use At Your Own Risk (Indemnification)
By entering and using this Site you agree that you do so at your own risk. You submit and post content, including personal information about yourself and others, at your own risk. You rely on content posted by others at your own risk. Medicom Australia does not warrant the quality, accuracy or completeness of any claims, statements or information on this Site. Medicom Australia makes no representations about the suitability of any information or products contained or offered on this Site for any purpose. All information is provided “as is” without warranty or condition of any kind. This Site may include inaccuracies or typographical errors. Medicom Australia will take reasonable care in ensuring that the Site is free from viruses or other dangerous content however cannot guarantee that the use of this Site will not cause damage to your computer or other devices. It is your responsibility to make sure that you have the proper equipment and antivirus software to use this Site safely.The nature of Internet communications means you may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise Medicom Australia is not responsible for such occurrence.Medicom Australia reserves the right to make changes to this Site at any time.Links to Third Party Sites
This Site may contain hyperlinks to websites operated by parties other than Medicom Australia. Such hyperlinks are provided for your reference only. Medicom Australia does not control such websites and is not responsible for their content. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Site. Your access and use of such third party websites, including information, material, products and services therein, are solely at your own risk. Medicom Australia Privacy Policy is applicable only with respect to this Site. You agree to review the privacy policy of any third party website before disclosing your personal information on that website.Submissions
Medicom Australia welcomes your comments about this Site. Medicom Australia pays its agencies and suppliers to come up with creative ideas…so please don’t submit any creative ideas, suggestions or materials (other than those specifically requested on this Site) as Medicom Australia cannot accept or consider them. If you didn’t read the previous sentence (or choose to ignore it) and you submit your creative ideas, suggestions or materials anyways, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trademark, moral rights, or implied contractual rights) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, an acknowledgment or credit.Cookies
A Cookie is a small data file that is stored by your web browser on your computer. Medicom Australia uses Cookies to help monitor your online activity and to improve service for you on your subsequent visits to this Site. The information that we collect from Cookies is anonymous and is not personally identifiable.Indemnity
You agree to indemnify Medicom Australia and keep it indemnified against all actions, claims, costs, demands, damages or liability (including consequential loss) arising in any manner from a breach by you of these terms and conditions.Governing Law
The use of this Site and these terms and conditions are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts in respect to all disputes arising out of or in relation to the use of this Site and these terms and conditions. Use of this Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions.You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Site. Medicom Australia performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Medicom Australia with respect to such use.If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Medicom Australia with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
