Website Terms and Conditions of Use
1. General provisions
These Terms and Conditions of Use (“Terms and Conditions”) constitute an agreement made by and between MediMark ABN 16406133756 (“MediMark”) and you (“you,” “your” or “User”). These Terms and Conditions govern your use of this website located at www.medimark.com.au (“Site”).
By accessing, visiting, browsing, using or attempting to interact with any part of this Site, or other MediMark services, websites or any of MediMark’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.
MediMark reserves the right, from time to time, with or without notice to you, to make changes to these Terms and Conditions in MediMark’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 MediMark believes the information you provide is not correct, current, or complete, MediMark 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 MediMark 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 unauthorised modifications to the Site; or (iii) hyper-link to this Site, without the express prior written permission of an authorised representative of MediMark.
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 MediMark 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 MediMark’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 MediMark. MediMark 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 MediMark, 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 MediMark. Modification or use of the Content except as expressly provided in these Terms and Conditions violates MediMark’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, MediMark. Hyper-links to such sites are provided as a service to Users and are not sponsored by or affiliated with this Site or MediMark. MediMark 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 MediMark 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 MediMark 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:
i. 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);
ii. advocates illegal activity or discusses an intent to commit an illegal act;
iii. is vulgar, obscene, pornographic, indecent, or defamatory;
iv. does not pertain directly to this Site;
v. threatens or abuses others, libels, defames, invades privacy, contains an individual’s personal information, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii. violates any law or may be considered to violate any law;
ix. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x. 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;
xi. 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 authorised on this Site;
xii. solicits funds, advertisers or sponsors;
xiii. 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;
xiv. 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;
xv. includes MP3 format files;
xvi. amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
xvii. 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
xviii. contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
MediMark 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. MediMark reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. MediMark 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 MediMark nor any third party that provides Content to MediMark will assume or have any liability for any action or inaction by MediMark or such third party with respect to any submission. MediMark cautions you against giving out any personally identifying information about yourself or any other individual (including children) in any Communication Service. MediMark does not control or endorse the content, messages or information found in any Communication Service and, consequently, MediMark 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 authorised MediMark spokespersons, and their views do not necessarily reflect those of MediMark.
8. Takedown procedure
MediMark 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 MediMark of a claimed infringement of copyright, please send a notification by submitting the Contact Us form on the MediMark website, including the following information:
i. the alleged material in which copyright is claimed and its location on the Site and any other information reasonably sufficient to permit MediMark to locate the material;
ii. 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;
iii. an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringed material;
iv. 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;
v. 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 MediMark of any material that you consider should be removed from the Site, other than because of an alleged copyright infringement, please submit the Contact Us form on the MediMark website.
You grant to MediMark 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 MediMark 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. MediMark 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 MediMark 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 Victoria and Australia regarding access to the Site.
While MediMark makes the Site available for you to use, MediMark does not assume a duty of care to you. MediMark 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, MediMark 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:
i. 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. MediMark 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;
ii. 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;
iii. no advice or information, whether oral or written obtained by you from MediMark or the Site or through the Content or Communication Services creates any warranty that is not contained in these Terms and Conditions;
iv. MediMark 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;
v. MediMark 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;
vi. MediMark does not warrant that the Communication Services and Site is accurate, reliable and will operate in a timely, secure, error-free and uninterrupted manner;
vii. MediMark does not warrant that any errors in the Content, Communication Services will be corrected
viii. MediMark does not warrant that your use of the Content, Communication Services or Site will not infringe the rights of third parties;
ix. MediMark 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 MediMark 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, MediMark, 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:
i. any inaccurate or incorrect information provided on the Site;
ii. your use of the Content;
iii. 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;
iv. 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;
v. 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;
vi. 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 MediMark or such a claim will (at MediMark’s option and to the extent permitted by law) be limited to:
i. the amount you paid MediMark for the Content or service out of which the liability arose;
ii. in the case of goods the cost of repairing or replacing those goods or paying the cost of having those goods repaired or replaced;
iii. 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
MediMark 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. MediMark 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 MediMark, 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
i. a breach of these Terms and Conditions;
ii. 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;
iii. 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;
iv. 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 MediMark or the party that provided the Material to MediMark. MediMark and any party that provided the Material to MediMark 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 MediMark or the relevant owner of the Material. If you have infringed MediMark’s or the owner of the Material’s rights in relation to the Material, MediMark reserves its right to take action against you.
All contents of MediMark’s Site are: Copyright © 2020 MediMark. 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). MediMark will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that MediMark considers insecure, MediMark 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, MediMark reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. MediMark reserves the right to investigate suspected violations of these Terms and Conditions.
MediMark reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MediMark to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed by MediMark in its sole discretion to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE AND HOLD HARMLESS MEDIMARK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MEDIMARK DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MEDIMARK OR LAW ENFORCEMENT AUTHORITIES.
18. Governing law and jurisdiction
The laws of Victoria 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 Victoria and the Federal Court of Australia.
19. Access to site outside Australia
MediMark 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 MediMark 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 MediMark’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 MediMark 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
MediMark may revise these Terms and Conditions at any time by updating this webpage.