Last updated: 5 December 2016
Through password restricted areas of the Website, and the Mobile Applications and Services, we provide you with access to content related to continuing medical education which may include, without limitation:
We may, in our absolute discretion, impose additional terms on the use of all or part of the Website, Mobile Applications or Services (Additional Terms). Any Additional Terms will be published on the Website, and you agree that:
The learning materials made available to you through the Website, Mobile Applications or Services are not medical advice and should not be relied upon for any reason. You should consult an appropriately qualified professional advisor to obtain specific advice which is tailored to your situation. In particular:
You acknowledge that we are the owner or licensee of all present and future right, title and interest in the Website, Mobile Applications and Services (and all underlying software), including all forms of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information and circuit layouts (Intellectual Property Rights). You must not, in any way, challenge or impair our ownership of or right to, these Intellectual Property Rights.
You grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, modify or adapt, or authorise the use, modification or adaptation of and have used, modified or adapted on our behalf, any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit to us through the Website, Mobile Applications, or Services (collectively, User Content). The licence includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense User Content in any form, medium, or technology now known or hereafter developed.
By submitting User Content to us through the Website, Mobile Applications or Services, you acknowledge and agree that we may create our own ideas that may be, or may obtain submissions that may be, similar or identical to User Content you submit. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in the User Content you submit.
You may provide links to the Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the Website, including any advertisements, terms and conditions, copyright notices, or other notices displayed on the Website from time to time, and (b) you acknowledge and agree that we may deactivate any link(s) at our discretion.
You must comply with all applicable laws, rules and regulations while accessing or using the Website, Mobile Applications and Services. In addition, we expect users to respect the rights and dignity of others. You represent and warrant that your use of the Website, Mobile Application and Services complies with the rules set forth in this section.
You must not:
We make no warranty that the Website, Mobile Applications or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Website, Mobile Applications or Services and exclude all other guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, which might otherwise be implied into these conditions concerning the activities covered by these conditions.
You may need to register and create an account in order to use all or part of the Website, Mobile Applications or Services. You represent and warrant that all information submitted to Medcast in connection with such registration is complete and accurate. It is your responsibility to inform us of any changes to that information. We may reject, or require that you change, for any reason, any user name, password or other information that you provide to us in registering.
Your user name and password are for your personal, non-commercial use only, and should be kept confidential. We do not permit (a) anyone other than you to use the sections requiring registration by using your name or password; or (b) access through a single name or user account being made available to multiple users on a network or otherwise. You (and not Medcast) are responsible for any use or misuse of your user name or password (including the payment of all fees authorised in connection with your account), and you must promptly notify us if you believe there has been any confidentiality breach or unauthorised use of your user name or password, or your user account.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You acknowledge and agree that, even though you may access third party sites or services through links appearing on our Website, Mobile Applications or Services, those sites and services are subject to the privacy practices of their owners. You should carefully review the privacy policies of those organisations before providing them with any personal information.
We reserve the right, in our absolute discretion and with or without notice to you, to:
You agree that we shall not be liable to you or to any third party for any of the acts set out above. Your continued use of the Website, Mobile Applications or Services after such changes have occurred will indicate your acceptance of, and consent to, those changes.
The Mobile Applications and Services may automatically download and install updates from time to time from Medcast or its licensors, or you may be prompted to download and install such updates. These updates are designed to improve, enhance and further develop the Mobile Applications and Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive or download (as applicable) such updates, and permit Medcast to deliver them to you, as part of your use of the Mobile Applications and Services.
The quality of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded and the speed of your Internet connection. We make no representation or warranty regarding access to content available through the Website, Mobile Applications or in connection with Services, including the quality of streaming content and the download speed of downloadable content.
Where a Non-Excludable Guarantee exists, and we are able to limit your remedy against us for a breach of the Non-Excludable Guarantee, then our liability for breach of the Non-Excludable Guarantee is limited, at our election, to:
Subject to any Non-Excludable Guarantees, we shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the Website, Mobile Applications, Services or User Content, or any third-party communications, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, breach of warranty or guarantee, under an indemnity or otherwise and whether or not that loss was foreseeable, even if we have been advised of the possibility of such loss.
In the event of a dispute between you and us in connection with your use of the Website, Mobile Applications, or Services (Dispute), you agree that the Dispute will be subject to the terms and conditions in effect at the time the Dispute arose.
The Website, Mobile Applications and the Services are controlled and operated by Medcast from Australia, and are not intended to subject Medcast to the laws or jurisdiction of any state, country or territory other than those of New South Wales, Australia.
In choosing to access the Website, Mobile Applications or Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations which apply in your place of access. We may limit the availability of the Website, Mobile Applications or the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time.
The information on the Website, Mobile Applications and Services is provided primarily for Australian residents and reflects Australian conditions and laws, and may not be applicable to other countries.
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