- About the Platform: Med.Estate is designed to link professional healthcare practitioners ("Practitioners") with available treatment rooms ("Rooms") in relevant locations. The Platform is a networking and classifieds showcase for independent advertisers and interested parties and you understand and acknowledge that all listings or users on the Platform are only being hosted on the Platform and are not owned or operated by us. To participate in the Platform, you must register as either a Practitioner or a Room. Further information on registration for the Platform is provided in Section B below.
- Modification: We may in our absolute discretion change any or all of the Terms at any time by publishing new Terms on our website. Your continued use of our Platform constitutes your acceptance of any such new terms.
- No warrantee as to accessibility/availability: We cannot and do not warrant or guarantee that content and links or any other information contained on or within our Platform, or that the Platform itself will be available and/or accessible to you at all times. We may need to suspend use of the Platform from time to time to undertake upgrades or for various other reasons at our sole discretion. In addition, we may redirect content or change the path or location of a link or sub-domain, at any time without prior notice. We do not warrant that any links that you forward, bookmark or save will remain constant, as they are subject to change at any time without notice.
- Changes to the Platform: We may from time to time in our absolute discretion discontinue or make changes to the Platform, including, without limitation, changes to the various types of services offered. Any new services or offerings posted on the Platform will also be governed by these Terms.
- Third Party content: We host content generated from our users, including Practitioners, Rooms and other websites, advertisers, individuals or businesses unrelated to us ("Third Party or Third Parties"). We are not responsible for, do not endorse and make no representations either expressly or impliedly concerning content posted by Third Parties ("Third Party Content"). Third Party Content does not represent our views and you rely on Third Party Content completely at your own risk. We do not warrant that we monitor or make enquires of Third Party Content and you may come across content that you find offensive or upsetting. Your sole remedy is to stop viewing the content and/or using the Platform.
No warrantee as to reliability and accuracy of content: We cannot and do not warrant, guarantee or make any representations to you as to the accuracy, reliability, completeness or timeliness of the information contained in our Platform (including, but not limited to, any content or information generated on our platform by any user or Third Party). In addition, we cannot and do not warrant or guarantee that:
- any or all of the Room listings or content on the Platform is or will be suitable for your particular purpose or indented use; or
- that any or all of the representations made about the Practitioners listed are true, accurate and correct (including but not limited to, we cannot and do not warrant and guarantee that Practitioners are of a certain standard, calibre, description or registration);
Your obligations and restrictions: In accessing or using our Platform we, as well as other users, expect a degree of courtesy and professionalism and you agree, warrant and represent that you will not:
- attempt to defraud, solicit money, passwords or personal information from any person by any means including, without limitation, pretending to be an interested user for the purpose of gleaning private information;
- impersonate any person or entity including falsifying your identity or posing as another user, Practitioner or Room, or otherwise falsely state or misrepresent your affiliation with us, another user or Third Party;
- use the platform or any information contained on or in it to bring a person or user’s reputation into unfair disrepute, including without limitation, making false or misleading statements to other uses of the website about a particular user in an attempt to reduce that users’ business;
- attempt to disable, impair, interfere with or destroy the Platform including circumvention or attempted circumvention of any restrictions put in place to prevent certain uses of the Platform, or use an automated device, software, process or means to access, retrieve, scrape, or index the Platform;
- transmit or attempt to transmit any virus, worm, defect, Trojan horse or other items of a destructive nature on the Platform or to any User or Third Party;
- copy, modify, host, stream, sub-licence, sell or re-sell the Platform or attempt to or actually create, a database of the Platform;
- enable or allow others to use the Platform using your account information;
- upload, share or use any information, content or data, or engage in any behaviour that is stalking, intimidating, inciting of violence, harmful in any way, violates another person’s or entities intellectual property, or other proprietary rights and/or is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, lewd, profane, hateful, discriminatory or invasive of another’s privacy;
- use any language that is racist, sexist, homophobic, incites hate, anti-religion or is otherwise discriminatory or disrespectful to any user for any reason;
- disrupt, interfere with or prohibit another user or Third Party from accessing or using the Platform;
- advertise any products or services without our prior express written consent or engage in any unsolicited behaviour inconsistent with the Platform including but not limited to, chain letters, junk mail, surveys, spamming, pyramid schemes or other unsolicited messages or conduct;
- reproduce, modify, republish, adapt, distribute, translate, create adaptations or derivative works of, or publicly display, sell, trade, or in any way exploit our Platform without our prior express written consent
- do anything that may impose a burden or make excessive traffic demands on our Platform or infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate usage; or
- use the Platform in any manner which we, acting in our sole discretion, determine is unreasonable and / or not for the intended purpose;
- act in violation of these Terms or any applicable law.
- Copyright: Our Platform is copyright and is subject to the copyright laws of Australia. You must not use or index any content or data on our platform for purposes of compiling a database of Practitioners or Rooms in any particular area or sub-area covered by our Platform or competing with us in any manner that we have not specifically authorised in writing.
- Your user information and passwords: You represent and warrant to us that you will keep your username, password and any other information or data that you may use to access our Platform (as applicable) confidential and secure at all times and that you accept all liability for any unauthorised use of your username and password except if as a result of a negligent act or omission legally found to have been caused by us. You may not share your account information (unless with an authorised account administrator) or use another users account.
Linking to our Platform: Our prior written consent must be obtained to link to content on our Platform. Such consent is provided at our sole and absolute discretion and will be subject to the following conditions (as well as any other conditions we may deem reasonable at the time consent is given):
- We may change the link or withdraw our consent at any time;
- You cannot attribute or misrepresent a link to be your own or someone else’s content; and
- The link must link to our Platform if you have represented it is attributable to us.
- Security: Use of our Platform is solely at your own risk and although we take reasonable steps to secure our Platform, you acknowledge that there are risks that information which is sent to or from the Platform may be modified, intercepted or corrupted by external forces and parties outside our control. Additionally, you acknowledge that there is a risk that material downloaded from the Platform may contain viruses, worms or other defects or devices. We accept no liability for any damages to or interference with your computer or device used in connection with the Platform.
- Indemnity: You indemnify us and our subsidiaries, affiliates, officers, agents, partners and employees against any and all loss, damages liability, claim or demand, including reasonable legal fees, arising out of, or related to your use of and access to our Platform or your violation of these Terms.
Limitation of liability: Apart from those certain rights and remedies that are available under the Competition and Consumer Act 2010 (Cth) and which cannot be excluded, restricted or modified, (and to the extent such act is found to apply to the provision of the Platform), we are not liable to you or anyone else for any:
- loss of use, data, goodwill, or profits, whether or not foreseeable; and
- indirect, exemplary, special, incidental, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including (but not limited to) lost profit and those resulting from loss of use, data, capital, reputation or revenue, whether or not foreseeable, based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or originating from any other claim arising out of or in connection with your use of or access to our Platform.
- Terms of application providers apply: Our mobile site and apps are provided subject to the applicable platform or software provider’s terms. You must read and adhere to those at all times and as a condition of using our Platform through such method.
- Dispute resolution: You agree to first try to resolve any dispute or concern you may have informally by contacting us. If a dispute is not resolved within 45 days of submission, either you or us may resolve any disputes or claims relating to these Terms or the Platform through final and binding arbitration in Australia, except that either party may assert claims in small claims court if such claims qualify. Despite the above, nothing in these Terms prohibits us from taking any action as states in these terms and/or applying for injunctive relief in the event of your or others’ unauthorised access to or use of the Platform or content in violation of these Terms.
- Severability: If a particular term in these Terms is found to be enforceable, the unenforceability of that term will not affect any other terms.
- Feedback: There is no obligation for you to provide us with ideas, suggestions, or proposals on our Platform ("Feedback"). However, should you provide us with such Feedback, then you grant us a non-exclusive, worldwide, royalty-free, perpetual license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform such Feedback.
- No Waiver: Our failure to enforce or exercise any of these Terms is not a waiver of our rights thereunder.
- Trademarks: All trademarks appearing on the Platform are the property of their respective owners, including, without limitation, any of our trademarks. No right, license or interest to such trademarks is granted by these Terms or your use of the Platform.
- Non- Assignment: You may not assign or otherwise transfer your rights and obligations under these Terms, in whole or in part, without our prior written consent and any such attempt will be void.
- Relationship of the parties: These Terms do not create a partnership, joint venture or an employee-employer relationship among users, Third Parties and/or us. You agree that we have no special relationship with or fiduciary duty to you and the relationship between parties is at all times only as independent contractors.
- Entire Agreement: These Terms constitute the entire agreement between you and us regarding your use of the Platform and supersede any prior agreements between you and us relating to the Platform.
- Registration for and services on our Platform: To participate in the Platform, you must register as either a Practitioner or a Room. Once registered, Practitioners and Rooms can access certain services provided on the Platform free of charge. Other services and functions on the Platform may only be accessed after users sign up for paid premium services. We reserve the sole right and discretion to decide which services and functionality are provided free of charge and which require payment as part of a premium service, additionally, we reserve the right to change this at any time without notice to you.
- Trials: Occasionally, us or others that have been authorised by us, may offer trials of paid premium subscriptions for a specified period without payment or at a reduced rate ("Premium Trial"). We reserve the right at all times to determine your eligibility for a Premium Trial and reserve the right subject to these Terms and applicable laws to terminate your Premium Trial. We may require that you provide us with your credit card or other payment details to start a Premium Trial and at the end of such Premium Trial, we may automatically start to charge you the applicable fee for the premium service on the third day following the end of the Premium Trial, and thereafter on a recurring monthly basis. By signing up for the Premium Trail and providing us with your credit card or other payment details you are agreeing to this charge. If you do not agree to the charge and/or wish to discontinue access of the paid premium services, you must cancel your Premium Trial on or prior to the last day of the Premium Trial.
- Cancellation of access to paid premium service: Once the monthly subscription fee for the premium service has been paid, it cannot be terminated for that applicable month and any monthly fees paid in advance will not be refunded. Cancellations of paid premium service fees must occur at least three days prior to the date on which the monthly paid premium fee will be deducted for the next coming month. Notwithstanding the above, we will provide you with a pro-rata refund for a pre-paid monthly subscription fee for the premium service where we have permanently discontinued the Platform or a material function of the premium paid service in such applicable monthly period.
Payment terms: Once signed up for the paid premium service, in addition to adhering to the other Terms as set out herein, you must abide by our payment terms including:
- payments can only be made using methods nominated by us from time to time in our sole discretion;
- all payments must be made monthly in advance;
- Electronic contracting and notices: By registering for the Platform you agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, invoices, communications or other records regarding the Platform (collectively, "Notices"). We can send electronic Notices to the e-mail address that you provided to us during registration for the Platform. Alternatively, we may post a Notice on the Platform using various methods. Notice will be deemed given twenty-four (24) hours after such email is sent or notice is posted. You can withdraw your consent to receive Notices electronically by cancelling or discontinuing your subscription to the Platform.
User generated content and contributions: Once registered to the Platform, Practitioners and Rooms may upload and/or contribute content to the Platform, which may include without limitation, information, data, text, video, still images, audio or other material you can host, share, publish, post, store or upload on our Platform ("User Content"). You warrant that you have the right to post such User Content and that use of the User Content by you or us does not violate any applicable law, copyright or intellectual property of any other person or entity. We may, but have no obligation to, monitor, review or edit User Content from time to time and we may at any time, without liability to you, remove, alter or disable access to any or all of your User Content in our sole discretion without prior notice to you if we consider that:
- Your User Content is in breach of any law or regulation;
- Your User Content infringes the intellectual property rights of any third party;
- We are required to do so by a regulatory body or any relevant authority;
- Having regard to the purpose of our platform, we deem that your User Content is misleading or deceptive, likely to cause offence, materially incorrect, obscene, defamatory, otherwise unlawful or corrupted.
- Indemnity for your User Content: If anyone brings a claim against us related to your User Content, you agree to indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees) arising out of such claim.
- Licence to your User Content: We are under no obligation to treat your user content as proprietary information. When you upload User Content to the Platform, you grant us a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable, irrevocable and transferrable license to use, reproduce, publicly display, distribute, modify, publicly perform, and translate your User Content throughout the world in any medium, whether currently in existence or not, as we may deem needed. You also grant each user of our Platform a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your User Content as may permitted by us and these Terms.
- Sharing: The Platform may provide features that allow you to share your User Content as well as other content on the Platform, with other users, or to make it public. "Sharing" can include by email, social media, transmit, upload or otherwise make available to the public. Please consider carefully what and to whom you choose to share your User Content with as you are entirely responsible for the content you share and the ramifications that may attach to such sharing.
- Comments: The Platform may also allow you to comment on various content including other Users Content. All comments are visible to other users as well as possibly to the public (depending on the settings you choose) and you should consider carefully the content of your comments, as you are solely responsible for them.
- Termination by you: You may revoke our license to your User Content and terminate our rights at any time by cancelling your account and removing your content from our Platform. However, some copies of your User Content may be retained as part of our routine backups. Termination of your account does not relieve you of any obligation to pay any outstanding fees that may be applicable. We also refer you to section B, paragraph 4 above regarding cancellation of access to paid premium service terms.
- General termination by us: If we terminate these terms for reasons other than for cause as set out below, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us in your account information.
Termination by us for cause: We may terminate your account and revoke your right to use our Platform at any time with or without notice and despite your prepayment of any monthly subscription fee for the premium service if:
- you breach any provision of these Terms (or act in a manner that shows you do not intend to, or are unable to, comply with these Terms);
- you fail to make the timely payment of fees due for your use of the Platform (if any);
- we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law);
- we are required to do so by law (for example, where the provision of the Platform to you is, or becomes, unlawful); or
- there has been an extended period of inactivity in your free account.