These terms and conditions apply to your use of this Website.
If you access this Website, or make use of any information or other Content available on this Website, you accept these terms and conditions and that you are entering into a legally binding contract with us.
We are not responsible for any third party Content posted or uploaded to this Website (including by medical professionals, health service providers or other businesses who are profiled, listed or advertised on this Website). Any such Content should not be relied upon as advice. You should make your own independent inquiries and assessments with respect to any information or materials you obtain from this Website, and obtain advice from an appropriately qualified and experienced professional.
Neither the listing of any medical professional’s profile or the advertising of any health service provider or business on this Website, nor the provision of access to any information or other Content through this Website, constitutes a recommendation or endorsement by us with respect to any medical professional, health service provider or other business. We do not control and provide no warranties in relation to such third parties’ privacy practices.
1. Prohibited Use
You must not:
a. Use or access the Website, or any Content or material available on it, in any unlawful way or for any illegal purpose;
b. Post or upload, or attempt to post or upload, any unlawful, offensive, abusive, obscene, vulgar, sexually explicit, defamatory, discriminatory, racist, sexist, hateful or threatening material on the Website, or any Content that infringes the Intellectual Property Rights of any person;
c. Use or access the Website to promote, advertise or sell any goods or services except if we have authorised you to do so;
d. Impersonate any third person in connection with the posting or uploading of any comments or Content to the Website, or otherwise attempt to impersonate any person when using this Website;
e. Delete or remove any copyright or other proprietary notices or attributions from any Content that you download or copy from the Website;
f. Sell or commercialise any information or other Content obtained from any part of the Website (with the exception of any Content posted or uploaded by you in respect of which you own, or have an appropriate licence for, the relevant Intellectual Property Rights);
g. Use any information or other Content accessed or downloaded from this Website for anything other than your own personal or internal business purposes (excluding reproduction in or on newsletters and other external publications, marketing material, advertisements or any other websites, regardless of whether or not for commercial purposes);
h. Use the Website to distribute, send or publish any e-newsletters, bulk emails, unsolicited electronic messages or other forms of “spam” (whether or not for commercial purposes);
i. Knowingly transmit any virus, worm or other disabling feature to or via the Website, or attempt to interfere with the operation of the Website;
j. Data mine, “scrape”, or conduct automated searches of the Website or any Content or material available on the Website, or use any aggregating software in connection with the Website;
k. Violate or attempt to violate any aspect of the security of the Website. You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include:
i. accessing data unlawfully or without consent;
ii. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
iii. attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; and
iv. orging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
l. Modify, reverse engineer, disassemble, decompile, copy, or cause damage, disruption, unintended effect to, or interfere with, any portion of the Website or any software used on the Website.
a. None of information provided on the Website, or in respect of any Services, is in the nature of advice.
b. We do not assume any duty of care in relation to:
i. this Website;
ii. any information or material accessible from this Website; or
iii. any information, advice, materials, goods or services provided to you by medical professionals, health service providers or other businesses who are profiled, listed or advertised on this Website.
c. We make no representations, and provide no warranties, as to the quality, accuracy or suitability of any goods or services that may be provided by any medical professionals, health service providers or other businesses who are profiled, listed or advertised on this Website, or by any other third party referred or suggested to you as a direct or indirect result of your use of the Website.
d. We do not make any representations or warranties with respect to this Website, including, without limitation:
i. that any information or other Content provided is complete, accurate, verified, audited, adequate, reliable, up-to-date, accurate or suitable for any particular purpose, or that reasonable care has been taken in compiling, preparing and posting such information and Content;
ii. that your access to the Website or any Content on the Website will be uninterrupted or timely;
iii. that your access to and use of any Website Content posted or uploaded to the Website by any third party will not infringe any third party’s Intellectual Property Rights.
e. We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information or other Content available on the Website, or as a result of your use of the Website.
f. Your use of the Website and any information or other Content provided on the Website is entirely at your own risk.
3. Registered subscribers
a. Access to some parts of the Website and some features of the Website are limited to registered subscribers.
b. Subscription fees and Subscription Terms and Conditions apply.
c. Eligible persons can register.
4. Intellectual Property
a. Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) may be owned or licensed by us or third parties. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which may apply in your jurisdiction, and except as expressly authorised by these terms and conditions, you must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website (whether for commercial purposes or otherwise).
b. Copyright and other Intellectual Property Rights in some of the Website Content is owned by and will remain the sole property of third party Content providers including registered subscribers, other users of the Website who post or upload Content and owners of Linked Websites. You must not use any Content or material available as a result of your access to the Website in any way that infringes any third party Intellectual Property Rights
c. The trade marks “HOPE FOR HEARTS” and “hopeforhearts.com.au” are our property.
d. You must not use any of our trade marks, or any third party trade marks appearing on the Website, without our written permission.
e. Without limitation, you agree that you will not use any of our trade marks:
i. in or as the whole or part of your own trade marks;
ii. on your website or in any marketing or promotional materials; or
iii. in connection with any activities, products or services that are not ours.
f. You agree that we will own any Intellectual Property Rights created with respect to or as a result of any suggestions or feedback provided by you with respect to our Website or any of our services, or any collaboration by us with you in relation to the Website or our services.
g. You represent and warrant that no third party’s Intellectual Property Rights or other rights will be infringed by you posting or uploading any information or other Content onto the Website.
h. You grant a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to Connect The Docs Pty Ltd ACN 622 554 223 and exercise any and all of your Intellectual Property Rights subsisting with respect to any materials or other Content that you post or upload onto the Website (Licence), for the purposes of:
i. operating the Website; and
ii. any other purpose whatsoever (including commercialisation).
i. You agree that Connect The Docs Pty Ltd ACN 622 554 223 has the right to sublicense its rights under the Licence to us without your consent, and that we may also further sublicense without your consent.
j. We agree that the Licence cannot be relied upon to use or reproduce any of your trade marks (other than as incorporated into your posted or uploaded Content and for the sole purpose of operating the Website).
k. You agree that in exercising the Licence your Moral Rights may be infringed by not attributing you as the author and/or by dealing with the relevant work in a manner that might constitute Derogatory Treatment.
l. Notice of any alleged infringement of Intellectual Property Rights relating to this Website should be sent to us at: [email protected]
m. You must sign all documents and do any other thing that we reasonably request to give effect to this clause.
5. Linked Websites
a. The Website may contain links to third party websites (Linked Websites). The Content of Linked Websites may not be current or be maintained. We are not responsible for the Content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.
b. We do not make any representations or warranties that:-
i. any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure; or
ii. any links to Linked Websites will be appropriate, valid, functional or accessible.
c. We do not make any representations or warranties with respect to Linked Websites being free from computer viruses, or non-infringement of third party Intellectual Property Rights subsisting in any Content or material posted on Linked Websites.
d. Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, Content, goods or services referred to or contained on Linked Websites.
e. You must not without our written permission:
i. create any links to this Website on any other website; or
ii. indicate that this Website is associated or affiliated with any other website or business.
We may vary these terms and conditions at any time. Changes will be effective immediately upon publication on this Website. If you continue to use the Website, you agree to be bound by the varied terms and conditions.
7. Linked Websites
a. We undertake to:
i. deal with any of your Personal Information we collect as a consequence of your use of the Website in accordance with; and
ii. otherwise to comply with, the Australian Privacy Principles.
c. You must not use any Personal Information that you may obtain through your access to or use of this Website for any purpose other than the purpose for which it was disclosed without the consent of the individual concerned.
a. Whilst we take reasonable steps to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us, or that this Website is virus free.
b. We are not responsible for any of the privacy or security practices of any of the registered subscribers profiled on this Website, or any medical professionals, health service providers or businesses advertised on this Website.
c. Any information which you transmit to us or to any registered subscriber is transmitted at your own risk.
d. We are not responsible or liable with respect to any communications or transactions between you and any third party that you contact as a result of accessing or using our Website.
9. Limitation of liability
a. Subject to any liability we may have under the ACL which cannot be excluded, we do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:
i. your use of this Website or any Linked Websites;
ii. your use or reliance on information, advice or materials contained on or accessed through this Website, or provided to you by any medical professional, health service provider or business profiled or advertised on this Website;
iii. any goods or services provided to you by any medical professional, health service provider or business profiled or advertised on this Website; or
iv. any of our Services.
b. With the exception of the consumer guarantees provided by the ACL, any condition or warranty which could otherwise be implied in connection with our Services, or this Website, is excluded.
c. Subject to any liability we may have under the ACL which cannot be excluded, where any of our Services are NOT acquired for personal, domestic or household use or consumption, any liability we do have for any personal injury, death, direct loss, indirect loss, Consequential Loss or other damage, however caused (including through misrepresentation or negligence) which you may incur or suffer in connection with the Services is limited to (at our election) one or more of the following:
i. replacement of the relevant Services, or the supply of equivalent Services; or
ii. the payment of the cost of replacing the relevant Services, or of acquiring equivalent Services.
d. Nothing in these terms and conditions excludes any guarantees or liability arising under the ACL, or any other statute or law, if and to the extent that liability cannot be lawfully excluded.
You must indemnify us and our Associated Entities, agents, employees, officers and advisers (Indemnified Parties) and keep them indemnified, against all claims, actions, judgments, costs, fines, penalties, damages and legal costs (on an indemnity basis) incurred or suffered by an Indemnified Party, however caused in connection with:-
a. any breach by you of these terms and conditions;
b. any information, statement or material that is uploaded or posted by you on to the Website; and
c. any negligent, unlawful or fraudulent act or omission by you.
a. Each provision in these terms and conditions will be construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason, then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
b. If any of these terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.
c. None of the following constitute a waiver or variation of our right to demand exact compliance with the terms and conditions of this agreement:
i. failure or delay by us to exercise any rights under this agreement;
ii. failure or delay by us to insist upon exact compliance with any obligations under this agreement; or
iii. any practice of ours that is at variance with this agreement.
d. These terms and conditions and your use of the Website are governed by the laws in force in Queensland, Australia. You irrevocably agree to submit to the jurisdiction of the courts of Queensland, Australia.
ACL means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
Associate has the meaning given in the Corporations Act 2001 (Cth).
Associated Entities means any Associate or Related Body Corporate of us.
Australian Privacy Principles means the Australian Privacy Principles as contained in the Privacy Act 1988 (Cth).
Consequential Loss includes, without limitation:
a. loss of profits;
b. loss of revenue;
c. loss of data;
d. lost production;
e. loss of business;
f. loss of the benefit of any contract or other agreement or arrangement;
g. losses which do not arise naturally from a breach of contract in the usual course;
h. death or personal injury;
i. damage to health;
j. damage to reputation; and
k. legal costs.
Content includes without limitation text, documents, reports, articles, information, data, photographs, drawings, graphics, film and sound recordings.
Derogatory Treatment has the meaning given to that term in the Copyright Act 1968 (Cth).
Intellectual Property Rights means all industrial and intellectual property rights throughout the world, whether registered or unregistered, including without limitation copyright, future copyright, patents, designs, trade marks, domain names, business names, company names, circuit layout rights, data, know how, trade secrets and all applications and rights in relation to registration of such rights.
Licence has the meaning given to that term in clause 4(h) of these terms and conditions.
Linked Websites has the meaning given to that term in clause 5 of these terms and conditions.
Moral Rights has the meaning given to that term in the Copyright Act 1968 (Cth) and includes any similar rights granted under any foreign laws.
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
Services mean any services or goods offered for sale by us, or supplied or promoted by us.
We, us and our are references to Connect The Docs Pty Ltd ACN 622 554 223 .
Website means our website at www.hopeforhearts.com.au.
You and your are references to any user of the Website including without limitation advertisers, registered subscribers and members of the general public who visit our Website.