In these Terms:
‘person’ means any individual, company, trust, entity, partnership, joint venture, association, corporation, body corporate or governmental agency;
‘Third Party Content’ means web sites, platforms, content, products, services, and information of other parties including content provided to us by links to sites owned by other parties;
‘Website Information’ mean content and information contained in, displayed on or accessible through the Website, including content or information generated on the Website by us or on our behalf and any Third Party Content;
‘Website’ means qualityhealthcare.com.au
‘you’ means the person using, browsing or otherwise accessing any content or data on the Website.
We reserve the right to change these Terms by publishing new terms on the Website. Your use of the Website constitutes your acceptance of these Terms as amended from time to time. Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Website.
Intellectual property and ownership of content
Unless indicated otherwise all content and materials in any format on the Website and all intellectual property in the Website is owned or licensed by us.
Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.
We grant you permission to download our copyright material only for private and non-commercial purposes or for purposes necessary for you to access our services. You may only reproduce or use our copyright material for any other purpose with our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
All rights not expressly granted are expressly reserved to the maximum extent permitted by law.
Restrictions on use of Website
In accessing or using the Website you agree that you will not:
use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website without our express written consent;
use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
use or index any content or data on the Website for purposes of competing with us in any manner that we have not specifically authorised;
transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
pose as any person or entity or attempt to solicit money, passwords or Personal Information from any person;
reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the website or any content on the website, except as expressly authorised by us;
transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature;
use the Website or any content from the Website in any manner which is in our opinion not reasonable and/or not for the purpose it is made available; or
act in breach of any term or condition of use or other condition imposed by us or any law.
We reserve the right to exercise whatever means we consider necessary to prevent unauthorised access to or use of the Website, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.
You may report any suspected violation of these Terms to us by using the following email link firstname.lastname@example.org. We will investigate the matters and take any actions we consider appropriate.
Except as otherwise required by law:
the Website are provided ‘as is’ and ‘as available’ without any express or implied warranty;
we make no representations and give no warranties in respect of the Website Information including that such information is reliable, accurate, suitable for your purposes or without errors, omissions or viruses;
we make no representations and give no warranties in respect of the means of accessing any Website Information, including software operating in connection with the Website; and
we make no representations and give no warranties in respect of, and accept no responsibility for, any website operated or controlled by anyone other than us which are or may become linked or framed to or from the Website.
We do not guarantee continuous, uninterrupted or secure access to the Website.
You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control.
We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.
We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your customers) in relation to your use of the Website.
Limitation of liability
You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Website, your reliance on anything contained in or omitted from the Website, being unable to access the Website for any reason (including our negligence) or the failure of the Website for whatever reason (including our negligence).
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
Australian Consumer Law
If you constitute a consumer under the Australian Consumer Law while using the Website, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including statutory guarantees that may apply to the Website. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.
These Terms are governed by the laws of NSW, Australia.