Terms and Conditions
DOCLIFE USER TERMS
- Doclife provides a networking and educational platform for medical professionals and students. The purpose of this platform is to encourage and facilitate communication within the medical industry to encourage community, collegiality and mentorship.
- A reference in this document to “Doclife”, “we”, “us” or any grammatical variation of these words is a reference to Doclife Pty Ltd ACN 602 771 255.
- A reference to “customer”, “client”, “user”, “you” or any grammatical variation of these words is a reference to the registered user of the Doclife services who has agreed to these terms.
- A reference to “agreement”, “terms” or “conditions” is a reference to the rights and obligations contained in this document.
- A reference to “services” means the provision of a medical networking website, along with any user account, offerings, features or additional services which we may make available to you from time to time.
- A reference to “website” means the website provided by us pursuant to us providing the services.
- Your Information includes any information you provide or communicate to us at any time, including when you register to use our website and any material provided by you which is posted or displayed on this website.
- Third party information means any information available on our website or through our services which was provided by a registered user of the website, such registered user not being us or you.
- Intellectual Property means all forms of intellectual property and includes but is not limited to:
- inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, methods or techniques;
- copyright (including future copyright) throughout the world in all literary works, artistic works, computer Software, and any other works or subject matter in which copyright subsists and may in the future subsist;
- confidential information and trade secrets;
- trade and service marks (whether registered or unregistered), business names, trade names, domain names, logos and get-up; and
- proprietary rights under the Circuit Layouts Act 1989 (Cth).
- Acceptance of Terms
By browsing and using this website, or creating a user account you agree to be bound by the obligations, limitations and rights contained in this agreement.
- Variation of Terms
We may elect to modify these terms at any time. In the event that we choose to do so we will notify you before or within a reasonable time after the variation takes effect. You may then elect whether to continue using our services or terminate your user account. By continuing to use our services after the variation of these terms you are deemed to have agreed to the terms as varied. In the event that you elect to terminate your account, so long as you do so within 2 business days of being notified of the variation of our terms you will only be bound by the ongoing obligations, if any, contained in the terms prior to the relevant variation.
- The content of the pages of this website is for your general information and use only. We reserve the right to amend or update our website without providing notice to you.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with these terms.
- Unauthorised use of this website, or any materials contained on it, may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. The linked sites are not under the control of Doclife and Doclife is not responsible for the content of any linked site or any link contained in a linked site. Doclife reserves the right to terminate any link at any time. Any links are provided as a convenience to you only and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this website you do so entirely at your own risk. Doclife disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.
- Copyright Infringement
- We are providing original content as well as aggregating services of content across the web with implied transformative value on our website. If you are a copyright owner or agent thereof and believe that any of our content or embedded links infringes upon your copyright, please contact us via email.
- Intellectual Property
- DocLife Intellectual Property
- Trade Marks
- The Doclife name and logo are trade marks being the property of Doclife. With the exception of the allowance in the following clause you have no right to use such trade marks and nothing contained on our website or these terms grants any right to use (by implication, waiver, estoppel or otherwise) our trade marks without our prior, express written permission.
- Notwithstanding the previous clause of these terms, for so long as you have a registered user account we grant to you a licence to use a copy of the Doclife logo, as shown on our website, for the sole purposes of
- embedding a hyperlink to your user account in your electronic correspondence, or
- in any written communications to indicate that you have registered a user account with us and maintain that user account.
- Trade Marks
Without limiting the effects of termination of this agreement, the licence granted in this clause is automatically revoked and you must immediately cease any use of the Doclife logo in the event that your user account is suspended or terminated.
- Other Intellectual Property
All other intellectual property provided by us in relation to the services is the sole property of Doclife and its licence providers. You have no right to use such intellectual property and nothing contained on our website or these terms grants any right to use (by implication, waiver, estoppel or otherwise) our intellectual property without our prior, express written permission, save as required for the purposes of using our services.
- Your Information
- You are solely responsible for Your Information and you warrant that:
- Your Information:
- is being legally and validly used;
- is true, accurate and complete;
- is not false or misleading;
- does not infringe any person’s rights or privacy;
- is not defamatory, threatening or harassing;
- is not obscene or pornographic, having regard to the context in which your information is published or provided;
- where your information includes or in any way incorporates a third party’s personal information (as defined by the Privacy Act (Cth) 1988 (the Privacy Act)) you will ensure that it is de-identified (as defined by the Privacy Act) prior to you providing it to us or uploading it to our website or your user account; and
- does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or in any other way act or perform in a manner which might not reasonably be expected by any recipient of your information.
- The existence or content of your information or your provision of your information to us is not contrary to any applicable law or industry code of practice; and
- You are either the owner of your information or have been provided a sufficient licence or right by the legal owner of your information to publish, provide to us or otherwise use your information and to grant to us the licence described in clause 2(b)
- Your Information:
- By providing Your Information to us you grant to us an irrevocable, royalty free, world-wide, transferable and sub-licensable licence to reproduce, copy, modify, publish, distribute or in any way otherwise use your information for the purposes of providing our services to you or any other person.
- You are solely responsible for Your Information and you warrant that:
In the event that you remove your information from your user account or our website this licence is revoked, save to the extent that:
- Your information is contained in any back-ups,
- Your information has been copied by any third party using our services;
- you have given specific consent for your information to be used beyond the date that you remove it from your user account or our website; or
- a copy of your information is required for our reasonable record keeping purposes, including, but not limited to, any legal requirement that we must retain information for a minimum period of time.
- Without limiting our rights in the event of a breach of these terms by you, we may, at our sole discretion, remove or delete part or all of your information from our services or website, if we become of the opinion that you or your information in any way breaches the obligations contained in these terms.
- You acknowledge and agree that other persons may access and/or copy your information from our website, subject to the terms implied on them as users of our services.
- We may from time to time request your consent to use your information for purposes other than the provision of our services. In such circumstances our licence to use your information will be subject to any terms or conditions agreed between you and us at the time you give your consent.
- Third Party Information
While the providers of any third party information are subject to these terms, as amended form time to time, we cannot be responsible for ensuring the accuracy or suitability for any purpose of any third party information provided. You agree to indemnify us against and release us from any liability in relation to, any loss or damage, howsoever caused, to any person in relation to your reliance on any third party information.
You take sole responsibility for ensuring that any third party information is correct, factual and appropriate for your uses prior to relying on such third party information.
Our licence to use and publish any third party information is solely for the purposes of providing our services. If you wish to use any third party information for any purpose other than using our services you must obtain appropriate permission from the person who provided the third party information.
- Your obligations
In using our services you agree to comply with the following obligations
- You will:
- Keep your user account access details confidential;
- Comply with any and all laws applicable to your use of the services, including, but not limited to, the laws referred to in clause 12, the laws in force in your country of residence and the laws in force in any country in which you access or use the services;
- Use your real name in relation to the services;
- Be honest, professional and courteous in your use of the services and your interactions with other users of the services.
- You will not:
- Wilfully or negligently provide incomplete, false or misleading information;
- Breach any laws applicable to your use of the services, including, but not limited to, the laws referred to in clause 12, the laws in force in your country of residence and the laws in force in any country in which you access or use the services;
- Create or seek to register a user account using a false identity, whether that identity is the identity of another person, living or dead, or a fabricated identity;
- Misrepresent your areas of practice, specialty or previous experience;
- Misrepresent your identity;
- Act in a harassing, abusive, obscene, inappropriate, defamatory or otherwise unprofessional manner;
- Collect and/or use the information provided by other registered users of the services for the purposes of sending spam or other mass marketing information to them;
- Violate the intellectual property rights of any person;
- Engage in conduct which breaches any persons privacy or confidentiality;
- Engage in conduct which is contrary to the requirements of any applicable industry or medical standards, enforceable guidelines or code of practice;
- Seek to commercialise or monetise any aspect of the services;
- Circumvent or override any of the security or privacy features of the services; or
- by the use of any device, software, action or instruction, interfere or attempt to interfere with the proper working of the Website or any activities being conducted on the Website.
- Our Rights
- We may refuse you the right to use the services if you give information which is untrue, inaccurate or incomplete; or
- If we believe that you have engaged in a breach of these terms you may, in the sole discretion of Doclife, be temporarily or permanently suspended from the services and any associated accounts and Websites.
- Although not obliged to Doclife will have the right to review your communications on this website to determine whether you comply with these terms. We will not have any liability or responsibility for the content of any communications you make on or via this website, or for any errors or violations of any laws or regulations by you. We will comply with any court order in disclosing the identity of any person making communications on or via this website.
- We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us.
- If we suspend your access to the Website, you may not register again.
- Liability, Indemnities and Acknowledgements
- To the fullest extent permitted by law, and without in any way limiting the application of the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth):
- You acknowledge and agree that by providing the services we do not purport to provide any medical advice. Any content which might constitute medical advice is provided by registered users of the services and they are solely responsible for any loss or damage caused to any person due to the reliance on the third party information by any person.
- We are not responsible for and you indemnify us against and release us from all liability in relation to any loss or damage incurred by you or any other person as a result of your use of the services or reliance on any information made available on the or through the services.
- In no event shall Doclife be liable for any direct, indirect, special, incidental or consequential losses or damages including, without limitation, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any linked site, damages resulting from use of or reliance on the information or materials presented on this website, whether based on warranty, contract, tort or any other legal theory even if Doclife has been advised of the possibility of such damages.
- You further acknowledge that:
- We provide the services without any express or implied warranty.
- We do not guarantee continuous, uninterrupted or secure access to the Website.
- You acknowledge that the internet can be an unstable and, sometimes, insecure environment and that the Website may at times not be available.
- You acknowledge and accept that at times our services may be unavailable due to scheduled or unscheduled maintenance
- We do not guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Website.
- We do not guarantee the preservation of any record, particularly after the provision of the Website to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
- We are not liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising due to us exercising our discretion as outlined in these terms and conditions.
and to the fullest extent permitted by law you release us from any liability for, and indemnify us against, any loss or damage, howsoever caused, to any person in relation to the matters outlined in this clause.
- You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of these terms by you, or the infringement by you, or other user of the services using your user name and password, of any intellectual property or other right of any person or entity.
- We will take all reasonable steps to abide by this policy and all users of the services or the website agree to the policy when using the services.
- By registering a user account and accepting these terms, you also consent to:
- Termination By You
You may terminate these terms at any time, without notice to us, by de-registering your user account. Instructions on how to do so may be found on our website.
- Termination By Us
We may terminate these terms and de-register and remove your user account from our website and services if:
- We provide you 30 days notice of our intention to do so; or
- Without notice to you in the event that we become of the reasonable opinion that you have breached the obligations imposed on you by these terms.
- Effect of Termination
Any provisions of these terms which are so intended, either expressly or through implication, survive termination of these terms, including, but not limited to, clauses 4, 5, 5(b), 5(b)(ii), 5(b)(vii), 5(b)(viii), 5(b)(ix), 5(b)(x), 5(b)(xi), 5(b)(xii), 5(b)(xiii), 6 and 10.
- Dispute Resolution
If any dispute arises out of these terms (Dispute) a party to the terms must not commence any court or arbitration proceedings unless the parties to the Dispute have complied with the following paragraphs of this clause except where a party seeks urgent interlocutory relief.
- Notice of Dispute
A party to this contract claiming that a Dispute has arisen out of or in relation to this contract must give written notice (Notice) to the other party to this contract specifying the nature of the Dispute.
- Dispute resolution
If the parties do not agree within 7 days of receipt of the Notice (or such further period as agreed in writing by them) as to:
- the dispute resolution technique (eg expert determination) and procedures to be adopted;
- the timetable for all steps in those procedures; and
- the selection and compensation of the independent person required for such technique,
the parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales, and, the President of the Law Society of New South Wales or the President’s nominee will select the mediator and determine the mediator’s remuneration.
- If any provision of these terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of the other party.
- Governing law and submission to jurisdiction
- These terms will be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia
- Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State New South Wales, Australia and courts of appeal from them for determining any dispute concerning this Agreement or the transactions contemplated by it.
- Each party waives any right it has to object to an action being brought in those courts including, but not limited to, claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.