Terms and conditions

1. Agreement

1.1 The Telemedhub Pty Ltd (ACN 640 855 616) (we, our, us) agrees to provide access to you to our website found at http://thetelemedhub.com (Our Site) on the terms and conditions set out below and in accordance with our Privacy Policy.

1.2 Use of Our Site by you constitutes your agreement to be bound by these Terms and Conditions and our Privacy Policy, each as amended or updated from time to time. Please do not proceed to use or access Our Site if you do not agree to these Terms or Conditions or our Privacy Policy.

2. Registration and Use

2.1 You may be required to register with us in order to access Our Site.

2.2 When you register with us, you must:
(a) ensure all information provided by you is accurate and current; and
(b) keep your registration details confidential and not share them with any other person.

2.3 You will be responsible for any access to Our Site using your registration details, even if the access is by another person.

2.4 When you use Our Site, you must:
(a) ensure all information you submit to us or upload to Our Site is true and correct and does not infringe the rights (including intellectual property rights) of any other person;
(b) not use Our Site for any unlawful purpose or do any act that we deem in our absolute discretion to be inappropriate;
(c) not do any act that would constitute a breach of either the privacy, proprietary or other rights of any other person;
(d) not introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised use, disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, key loggers, Trojans or any types of programmed threats that may be harmful, or other elements of software used to prevent unauthorised access and use (Harmful Code);
(e) not use any robot, scraper or other means to access Our Site for any purpose;
(f) comply with any of our policies or procedures regarding use of Our Site as notified to you by us from time to time;
(g) maintain and safeguard the privacy and security of all personal or Confidential Information that you obtain access to in relation to Our Site;
(h) be responsible for, and bear all costs of, installing and maintaining your own systems and equipment necessary to access and use Our Site;
(i) not access information or perform services relating to any other person in connection with Our Site; and
(j) not use Our Site to send or post any unsolicited messages or any offensive, inflammatory, defamatory, sexually explicit, threatening, abusive, hateful, racist, obscene, fraudulent, deceptive or otherwise unlawful information.

3. Our Site

3.1 The information on Our Site is intended to provide a summary of the subject matter covered. We are under no obligation to review, update or make changes to any of the information or materials on Our Site at any time. All materials are provided for informational purposes only and should not be construed as medical or professional advice. Our Site is not intended to be a substitute for professional medical advice, diagnosis or treatment provided by an appropriately qualified health care professional.

3.2 You agree that you use and access Our Site and the Content at your own risk and it is your responsibility to evaluate the accuracy, completeness or usefulness of the information and materials on Our Site.

3.3 We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of Our Site or a linked website on Our Site. You must take your own precautions to ensure that whatever you select for your use from Our Site is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operation of your computer systems.

3.4 We may, from time to time and without notice, change or add to Our Site (including these Terms and Conditions) or the information, products or services described in it. By continuing to use Our Site, you will be deemed to accept the updated Terms and Conditions and agree to be bound by them.

4. Security

4.1 You acknowledge that the internet is an unsecure public network where there is a risk that your use of, and interactions with, Our Site may be viewed, intercepted or modified by third parties and that Our Site and any information on Our Site may contain Harmful Code.

4.2 To the extent permitted by law, we do not guarantee that there will not be, or accept any liability for, any Harmful Code on Our Site or a breach of security by a third party or any interference with or damage to your computer system, software or data occurring in connection with or relating to Our Site.

5. Linked Sites

5.1 Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

5.2 Any links to websites operated by third parties are not intended as referrals or endorsements but are merely provided for convenience and information purposes.

5.3 You agree we are not liable for any loss or damage howsoever arising that may be suffered or incurred by you by accessing, visiting or using such websites operated by third parties.

6. Third Party Rights

6.1 Our Site may contain content provided by third parties (Third Party Content). The display of Third Party Content on Our Site does not suggest (whether express or implied) a recommendation by us of the third party or any products, services, websites or content offered by them.

6.2 Your interaction with and use of any Third Party Content is at your own risk and you agree we have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party for any loss or damage howsoever arising.

6.3 We are not responsible for monitoring, approving, updating or reviewing any Third Party Content.

6.4 We do no guarantee, endorse, approve or adopt the accuracy or completeness of any Third Party Content and we do not warrant or represent that your use of Our Site will not infringe the rights of third parties.

7. Intellectual Property Rights

7.1 Unless otherwise indicated, we own or licence from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Our Site and in all of the material (including all text, graphics, logos, video, audio, information, data, design and software) made available on Our Site (Content).

7.2 Your use of Our Site, and the use of and access to any Content, does not grant or transfer any rights, title or interest to you (proprietary or otherwise) in relation to Our Site or the Content.

7.3 We grant you a licence to access Our Site and view the Content for your personal, non-commercial use, on these Terms and Conditions only.

7.4 The Content on Our Site may not be copied, distributed or transmitted in any manner without our prior written consent. Any reproduction or redistribution of Our Site or the Content is strictly prohibited and may result in civil and criminal penalties. You must not copy the Content to any other server, location or support for publication, reproduction or distribution.

7.5 You may download, print and store copies of the Content on Our Site for your own personal, non-commercial use, provided that the Content is not altered or modified in any way, and no copyright or trademark notices are deleted or changed. All other use, copying or reproduction of Our Site, the Content or any part of it is strictly prohibited, including without limitation any re-engineering, creating derivative works from, reverse engineering, disassembling or decompiling any part of Our Site.

7.6 You agree not to use any of our name, trade name, service marks, trademarks, trade dress or logo (Branding) in publicity releases, advertising, promotional materials, direct mail, seminars, on your web site, or in other communications without our express prior written consent. All uses of Branding will be to the benefit of the owner of such logos, trademarks, trade names and/or other branding devices.

8. Confidentiality

8.1 You must:
(a) maintain any information that is confidential or proprietary in nature or is designated as such which you can access via Our Site (including without limitation the Content, software, source code, technology, tools, processes, functional specifications and technical materials on which Our Site is based) (Confidential Information) in strict confidence at all times; and
(b) not disclose, use, transmit, inform or make available to any person any Confidential Information except as necessary to perform your obligations or exercise your rights under these Terms and Conditions.

8.2 Clause 8.1 does not apply to any information which you can demonstrate:
(a) is or becomes known to the public through no breach of these Terms and Conditions;
(b) was previously known to you as evidenced by your written records, without any obligation to hold it in confidence;
(c) is independently developed by you without use of or reliance on the Confidential Information; or
(d) is expressly authorised in writing by us for release, but only to the extent of such written authorisation.

9. Suspension or Termination

9.1 We reserve the right to restrict, suspend or terminate without notice your access to Our Site, any Content, or any feature of Our Site, at any time, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

10. Disclaimer

10.1 Access to Our Site is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we make no warranties or representations about Our Site or the Content, and we expressly disclaim all such warranties or representations (whether express or implied), including (but not limited to) any warranties or representations that:
(a) Our Site, the Content or any linked third party website will be current, complete, accurate, reliable or up-to-date;
(b) the Content or other information provided on Our Site will be suitable for your needs or fit for any particular purpose; and
(c) access to Our Site will be secure, uninterrupted, error-free or free from any viruses.

11. Liability and Indemnity

11.1 To the maximum extent permitted by law and notwithstanding any other clause of these Terms and Conditions, in no event shall we or any of our employees, agents, contractors or personnel be liable, whether in contract, tort (including negligence), under statute, in equity, warranty, indemnity or otherwise, for any:
(a) loss, damage, cost or expense;
(b) personal injury or death; and
(c) loss of use, business interruption, loss of profits, loss of contract, loss of opportunity or other indirect, incidental, consequential or punitive damage or loss,
which may be suffered or incurred by you or any third party, arising out of or in connection with your use of the Content, Our Site and/or the information or materials contained on it.

11.2 You agree to indemnify us, our employees, officers, directors and agents against any damage or loss suffered or incurred by us, our employees, officers, directors and agents and arising out of or in connection with any:
(a) breach by you of these Terms and Conditions;
(b) fraudulent, illegal or dishonest conduct by you or any person you have permitted to use Our Site;
(c) failure by you to comply with any applicable laws;
(d) any personal injury or death of any person caused or contributed to by you;
(e) loss or damage to property of any person caused or contributed to by you; and
(f) any breach of confidentiality obligations or infringement of intellectual property rights caused or contributed to by you.

12. General

12.1 These Terms and Conditions and your use of Our Site are governed by the law of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

12.2 We may seek urgent injunctive relief in order to protect the Confidential Information or prevent misuse of our intellectual property or other proprietary rights.

12.3 A failure by us to exercise a right or remedy under these Terms and Conditions does not amount to a waiver of those rights and remedies and any such waiver must be expressly set out in writing.
12.4 If any provision of these Terms and Conditions are held to be illegal, invalid or otherwise unenforceable, the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in the relevant jurisdiction only.
12.5 You may not assign your any of your rights or obligations without our prior written consent, which may be withheld in our absolute discretion.

12.6 These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter set out herein and supersedes all prior discussions and communications.

12.7 Clauses 3.1, 3.2, 3.3, 4, 7.4, 7.5, 7.6, 8, 10, 11 and 12 survive termination or expiry of these Terms and Conditions.

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Copyright 2020 © The Telemedhub Pty Ltd

Copyright 2020 © The Telemedhub Pty Ltd

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