Terms Of Use.
Terms of use of the hcn.com.au website.
The hcn.com.au web site (this site) is owned and operated by Health Communication Network Limited (HCN). Your access to this site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on this site (known collectively as Terms of Use). Your use of, and/or access to, this site constitutes your agreement to these Terms of Use.
User requirements and content of this site
This site is designed for general educational and information purposes only.
In using this site, you acknowledge that HCN do not seek to nor do they provide medical, hospital or nursing, dental, psychiatric, pharmaceutical, community health or health education services, podiatry, chiropractic or any alternative health services or health services or advice of any kind. HCN do not advocate nor adhere to any of the information, advice, treatments or drugs mentioned, described or discussed at the site. HCN also does not offer any diagnostic advice or service.
The Content which HCN makes available at this site is not intended, whether expressly or impliedly:
- to constitute professional medical or health care advice or diagnosis or treatment;
- to be relied upon without any professional consultation or independent consideration by a qualified medical practitioner.
You should not rely on information that you obtain from or via this site as a substitute for medical or health care advice, information or treatment from a qualified medical or health practitioner. If you need advice, information or treatment you should consult a qualified medical or health care practitioner and not use this site.
You use this site at your risk. HCN by providing access to Content does not warrant its accuracy, currency or adequacy. You must evaluate, and you bear all risks associated with, use or reliance upon any Content.
HCN do not warrant that the Content provided satisfies government regulations which apply to the disclosure of information on prescription drugs.
Additional terms may apply in relation to particular Content or products or services acquired through use of the site. You should check terms which apply to particular Content or products or services prior to acquiring them.
You acknowledge that the Content available at this site or through this site may be explicit, offensive and may not accord with your personal, religious or philosophical beliefs and you agree that HCN are not responsible for any offence caused.
Third Party Sites
You acknowledge that
- parts of this site are provided or maintained by third party providers (Providers);
- HCN is not responsible for the provision of Providers' sites nor the content of these sites.
Communications and dealings with any Providers are solely between you and that Provider. You agree that HCN are not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.
The Site
HCN endeavours to provide a convenient and functional site. However, we do not warrant the Content will be error free or that the site or the server that operates it are free of viruses or other harmful components.
If your use of the site results in the need for servicing or replacing property, material, equipment or data, HCN will not be responsible for such costs.
Limitation of our Liability
Without limiting the above provisions, everything on the site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the extent that we are able under the Trade Practices Act or State and Territory law to limit the remedies available to you, HCN expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is at HCN's sole discretion): (a) in the case of goods, any one or more of the following: (1) replacement of the goods or supply of equivalent goods, (2) repair of the goods, (3) payment of the costs of replacing the goods or of acquiring equivalent goods, or (4) payment of the costs of having the goods repaired; or (b) in the case of services (1) supply of the services again; or (2) payment of the cost of having the services supplied again.
If you are entitled to statutory warranties, your remedies if those statutory warranties are breached may be limited to those set out above. Nothing in this agreement is intended to limit or exclude any liability on the part of HCN where and to the extent that applicable law (eg the Trade Practices Act) prohibits such exclusion or limitation.
Other
HCN may change material on this site, including these conditions, at any time without notice. Each time you log on to this site, you will be deemed to have accepted any changes to these Terms of Use. The updated online version of these Terms of Use shall supersede any prior versions, whether in paper, online or other media format.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
Indemnities
By using this site you agree to:
- irrevocably waive and release any and all claims that you now have or may have against HCN, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which claims directly or indirectly arise out of, relate to or are incidental to use of Content, this site or anything made available via this site; and
- indemnify HCN from and against claims, loss, damage, tax, liability and/or expense that may be incurred by HCN parties directly or indirectly arising out of or in connection with your use or reliance upon Content, this site or anything made available via this site, including legal costs, fees and expenses of defending any of the HCN parties, but excepting claims arising out of gross negligence or willful misconduct of HCN parties.
You agree to indemnify HCN parties from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
- violation of these terms by you, or
- infringement by you, or other user of this using your user name and password, of any intellectual property or other right of any person or entity.
These indemnities are subject to the provisions of this agreement under the headings "Limitation of our Liability".
Copyright and other Intellectual Property
This site contains material (including video, graphics and text) which is subject to copyright and other intellectual property rights owned by or licensed to HCN. Subject to fair use and other relevant defences:
you are allowed to:
- view, copy and print material in electronic or other forms only for your personal use, or non-commercial purposes and only if you retain copyright and other intellectual property notices from the original material;
you are NOT allowed to:
- use material from this Site for non-personal, public or commercial purposes (other than provision of professional services by you as a medical or health care practitioner); or
- breach copyright or any other intellectual property rights of HCN or its licensors including by amending or adapting any material on this Site.
Advertising, links to third party web sites and e-Commerce offers
This site contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked web sites are not under the control of HCN. HCN are not responsible for the contents of any linked web or any hyperlink contained in a linked web site. HCN provides these hyperlinks to you as a convenience only. Inclusion of any link does not imply any endorsement of the linked web site by HCN or its affiliates. You link to any such web site entirely at your own risk.
This site also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to web sites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by HCN parties. You should refer to the relevant advertiser for all information regarding its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's web site and executing the relevant transaction. Such offers are not made by HCN. The third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party web site.
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