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Terms of Access and Use

IMPORTANT ADVICE TO PATIENTS AND CONSUMERS

Content in the Medicine Today, Cardiology Today, Endocrinology Today and Pain Management Today websites is provided for Medical Practitioners and other qualified Health Professionals and is not intended to be used by Patients or Consumers to diagnose, treat, cure or prevent any disease or for therapeutic purposes. Patients or Consumers should not rely on information contained in the Medicine Today, Cardiology Today, Endocrinology Today and Pain Management Today websites and should always obtain advice from a qualified Health Care Professional for any medical-related matters or concerns. Medicine Today Pty Limited does not accept any liability for any injury, loss or damage incurred by the use of or reliance on information provided through these websites by Health Professionals, Patients or Consumers whether arising from negligence or otherwise.

Terms of Access and Use Including Terms for Personal Online Subscriptions

1. INTRODUCTION

Medicine Today Online (medicinetoday.com.au), Cardiology Today Online (cardiologytoday.com.au), Endocrinology Today Online (endocrinologytoday.com.au) and Pain Management Today Online (painmanagementtoday.com.au) are owned and operated by Medicine Today Pty Limited of Unit 3, 134 Military Road, Neutral Bay NSW 2089, Australia (ABN 60 089 519 264) (Website).

These Websites publish electronic versions of Medicine Today, Cardiology Today, Endocrinology Today and Pain Management Today. The material on these Websites is copyright © Medicine Today and other copyright owners. These Websites contains intellectual property, including without limitation software, belonging to Medicine Today and others.

BY ACCESSING OR USING THESE WEBSITES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (Terms of Access and Use), WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MEDICINE TODAY PTY LIMITED. DO NOT USE THESE WEBSITES IF YOU DO NOT AGREE TO THESE TERMS OF ACCESS AND USE.

In these Terms of Access and Use we refer to Medicine Today Pty Limited as "Medicine Today",  "we", "us", "our", or "the Publisher". We refer to the person who accesses this Website as either "you" or "your" as the context may require. We use the term "this Website" to refer to the Medcine Today, Cardiology Today, Endocrinology Today and Pain Management Today websites.

The Terms of Access and Use include our Website Privacy Policy and any additional terms outlined elsewhere on this Website.

These Terms of Access and Use apply exclusively to your access to, and use of, this Website and do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.

If you, or your institution / organisation, have purchased a licence, subscription or otherwise entered into an agreement with Medicine Today (Agreement), your access to and use of this Website shall be subject to and in accordance with the terms and conditions of that Agreement. To the extent of any inconsistency between that Agreement and these Terms of Access and Use, the terms and conditions of the Agreement shall prevail.

2. CONTENT ACCESS

2.1 The Content on this Website is divided into two sections: (a) a section that may only be accessed by persons who have paid, in full, to Medicine Today all subscription fees and charges, as Medicine Today may specify, from time to time, in Medicine Today's sole discretion (the "Subscribers' Section"); and

(b) a section that you may access without any fees or charges from Medicine Today.

2.2 In the event that you wish to access various areas or sections of this Website, Medicine Today will issue to you a unique username and password, or other method of access at the sole discretion of Medicine Today (the "Login").
In the event that: (a) you are a fully qualified General Practitioner who is registered to practice in Australia, and currently practising in private practice ("GP");
(b) you have a subscription to the printed edition of Medicine Today and have paid, in full, all subscription fees and charges for that subscription;
(c) you have paid, in full, to Medicine Today all subscription fees and charges for access to the Subscribers' Section ("Personal Online Subscription");
(d) you are an employee or member of an entity that has paid, in full, to Medicine Today all subscription fees and charges for access to the Subscribers' Section ("Multi-User Online Subscription"); or
(e) you are an employee, officer, contractor, associate or other approved entity of Medicine Today, the Login will provide you with access to the Subscribers' Section.

3. USE OF LOGIN

3.1 You agree not to disclose the password given to you by Medicine Today to any other person and you must not allow another person to use your password. You will be liable to us for all use of your password including any use by any other person. If you have requested us to cancel the use of your password, then you are liable for the use of that password up until the time we have successfully activated that cancellation.

3.2 You also agree that Medicine Today may, from time to time and in Medicine Today's sole discretion, revoke, vary, suspend or cancel the Login, or carry out maintenance or other work on this Website, that may limit or deny access to you; or limit or deny access to this Website or part of this Website, for any reason.

4. RESTRICTED CONTENT

4.1 Some content on this Website, including prescription drug advertising, may be restricted to certain qualified Australian healthcare practitioners in compliance with Australian health regulations and codes of practice (Restricted Content). In order to receive Restricted Content on this Website, you must be qualified to receive the Restricted Content and have registered with the Website as a User by providing your name, occupation and your Australian practitioner registration number where applicable, to verify your identity. Medicine Today Pty Limited will not be liable for your failure to comply with the above requirements or for any loss or damage arising from: any false or misleading registration details provided by you to access, view or use the Website; any unauthorised use of your name or details to access, view or use the Website; or any failure of any identification software used to verify users of the Website.

5. DISCLAIMER

5.1 Views expressed in the content of Medicine Today, Cardiology Today, Endocrinology Today and Pain Management Today are not necessarily our views or endorsed by us. Information in the content may be out of date. You should not rely on any of the content without first making independent enquiries to verify the facts.

5.2 The Website (including documents, articles, publications and any other materials) are provided on an as is basis without any warranties of any kind. Medicine Today, to the fullest extent permitted by law, disclaim all warranties.

5.3 The Trade Practices Act 1974 (Cth) and all corresponding state legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms ("Prescribed Terms"). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non access to, the Website or the use of or reliance upon the Website are excluded. In addition, Medicine Today does not warrant that this Website will operate error free or that this Website and its servers are free of computer viruses and other harmful goods. If your use of this Website results in the need for servicing or replacing equipment or data, Medicine Today is not responsible for those costs.

6. LIMITATION OF LIABILITY

6.1 Except as provided by the Prescribed Terms, Medicine Today shall not be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages) resulting from the use or access of or inability to use and access the Website.

6.2 To the extent that the limitation of liability contained in this clause is prohibited, you agree that Medicine Today's sole obligation to you for any loss, injury claim liability or damage of any kind resulting from your access or use of this Website shall be limited to the refund of the fees and charges paid by you to Medicine Today, if any.

7. INDEMNITY

7.1 You agree to indemnify us against all loss, damages, claims, costs or expenses that we may incur that arise from (directly or indirectly) from a breach by you of these Terms of Access and Use.

7.2 In the event that any of these Terms of Access and Use are deemed by a court to be invalid, those invalid Terms of Access and Use shall be excised and the remaining provisions shall remain in full force and effect.

8. INTELLECTUAL PROPERTY OWNERSHIP

8.1 The contents of this Website (including all layouts, applets, text and graphic images in this site) are the copyright of Medicine Today, unless stated otherwise and protected by Australian and international copyright law.

8.2 You agree to take do all things reasonably necessary or desirable to protect our Intellectual Property Rights, title and interest to any and all Works accessed on the Website by you or by any Authorised User.

8.3 You may not remove or alter any copyright notice, which appears in conjunction with any applets, text or graphics in this web site.

9. PERMISSION TO USE CONTENT OR MATERIALS

9.1 You may access and display these pages on a computer monitor, and print out single copies of any pages in this Website for personal use non-commercial use. All other use, copying or reproduction of any part of this Website is prohibited (save to the extent authorised by law notwithstanding this provision) without permission. All other use, copying or reproduction of any part of this Website is prohibited without permission.

9.2 Intellectual property rights in certain material on, or processes used in constructing or accessing, this Website may be the property of third parties. If you seek to reproduce or otherwise use any such material or process in any manner that would involve the exercise of the rights of the intellectual property owner, it is your responsibility to obtain authorisation for that reproduction or other use from the relevant third party or parties.

9.3 All names, logos and trademarks are the property of Medicine Today, or third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of Medicine Today or the relevant contributor.

9.4 Reproduction for educational purposes The Australian Copyright Act 1968 ("the Act") allows a maximum of 10% of the words in a digital work to be reproduced and/or communicated by any educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given remuneration notices to Copyright Agency Limited ("CAL") under the Act. For details of the CAL licence for educational institutions contact: Copyright Agency Limited, Level 15, 233 Castlereagh Street, Sydney NSW 2000 Australia, or visit http://www.copyright.com.au .

9.5 Commercial Reprints No further reproduction or distribution of the articles in whole or in part should proceed without the permission of the publisher. For quotations to supply multiple reprint copies of specific articles, or to seek permission to reproduce multiple copies of specific articles, contact Medicine Today. Tell us the article(s) you wish to reproduce, the number of copies required, a delivery location if required, and associated article sale or distribution charges if any. If you wish to use the Content for any other purpose you must first purchase a licence from Medicine Today that permits that form of use.

10. LINKING TO THIS WEBSITE

10.1 Other websites are welcome to link to the pages on this Website provided no attempt is made to pass off the content of Medicine Today, Cardiology Today, Endocrinology Today or Pain Management Today as the property of the linking website. We do not approve of websites presenting Medicine Today, Cardiology Today, Endocrinology Today or Pain Management Today content as a frame within their web pages. We do not grant permission for anyone to copy Medicine Today, Cardiology Today, Endocrinology Today or Pain Management Today content to their own web pages.

11. LINKED SITES

11.1 This Website contains links to sites on the World Wide Web owned and operated by third parties and which are not under the control of Medicine Today (the "External Web Sites").

11.2 The inclusion of any links to External Web Sites does not imply any endorsement by Medicine Today of the External Web Sites. Medicine Today is not responsible for the material contained on those External Web Sites, and makes no warranties and accepts no liability in relation to material or claims contained on those External Web Sites.

12. ADVERTISEMENTS

12.1 The Website contains third party advertisements which may also contain links or referral buttons to External Web Sites operated by the Advertisers, their licensees, or other contracting parties. The above conditions that apply to External Web Sites also apply to sites operated by Advertisers.

13. TERMINATION

13.1 Medicine Today may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Medicine Today has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

13.2 Medicine Today will consider and, at its sole discretion, determine whether or not, and on what terms, a refund may be payable.

13.3 The disclaimers, limitations on liability and indemnities in these Terms of Access and Use continue despite termination, discontinuation or suspension of your access to this Website.

14. WAIVER OF LEGAL RIGHT

14.1 If you breach any of these Terms of Access and Use, and Medicine Today has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of Medicine Today's legal rights.

14.2 Any waiver of legal rights granted under these Terms of Access and Use will only be effective if it is in writing and signed by Medicine Today.

15. GOVERNING LAW

15.1 These Terms of Access and Use will be governed by and interpreted in accordance with the laws of New South Wales, without giving effect to any principles of conflicts of laws.

15.2 You agree to the non-exclusive jurisdiction of the Courts of New South Wales to determine any dispute arising out of these Terms of Access and Use.

16. VARIATION AND APPLICATION OF TERMS OF ACCESS AND USE

16.1 We may change these Terms of Access and Use at our discretion without notice. Your continued use of this Website after any such changes constitutes your acceptance of the new Terms of Access and Use.

16.2 We will make reasonable efforts to bring any changes to the attention of our users, but you should also check this page regularly to familiarise yourself with any updates.

16.3 If you become aware of any use of our Website that you think does not comply with these Terms of Access and Use, please contact us.

17. PERSONAL ONLINE USER SUBSCRIPTION TERMS

17.1 A Personal Online User Subscription applies to single users and is required to access the Subscribers' Section of this Website, unless you are an employee or member of an entity that has paid, in full, for a Multi-User License, and accessing the Website through the licensed entity's computer network; or otherwise eligible to receive access per clause 2.

17.2 If you have applied or paid for a Personal Online User Licence access to these following additional Terms apply to you.

17.3 These Terms commence on the date on which we receive payment in full for the Subscription Fee and continue in full force and effect for the duration of the Subscription Period unless terminated earlier in accordance with clause 13.

17.4 You agree to pay us the Subscription Fee in consideration for the supply of the Service subject to and in accordance with these Terms.

17.5 In consideration for the payment in full by you to us of the Subscription Fee, we grant you a non-exclusive, non-transferable license to use the Service on and subject to these Terms.

17.5 You agree that your access and use of the Service shall be subject to and in accordance with these Terms, and the above Terms of Access and Use.

17.6 If, for any reason whatsoever, payment of the Subscription Fee is not received in full and in cleared funds by us before you access or use the Service, we shall be entitled to suspend, revoke or cancel the license granted under this clause.

17.7 Any termination of the license granted under these Terms shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms, which is expressly or by implication intended to continue in force after such termination.

18. MULTI-USER ONLINE SUBSCRIPTION TERMS

For Multi-User Online Subscription Terms (for Corporations, Institutions and Government departments or bodies), see our Medicine Today Online Multi-User Subscription Agreement located on the Subscriptions section of our Website.

Updated 22/02/16