Terms & Conditions

By accessing the MedNews website via the domain https://mednews.com.au/ (Website) you agree to the following terms of use. If you do not agree to the following terms of use, please do not use this site.

This website (our Website) is owned and operated by MedNews Pty Limited (A.C.N. 645 821 754) (we, us and our).

These terms apply only to our Website and do not apply to any websites or services outside of the www.mednews.com.au domain.

We may update these terms from time to time by posting a new version on our Website, and the terms (as varied) will be binding on you and us from the date they are posted on our Website.

 

Access

1. Our Website is regularly updated with unique content. We reserve the right to make any parts of this Website accessible only to users who have registered with us and paid a subscription. To obtain full access to content published on our Website you are required to register a user account and pay an annual subscription.
2. Rates of subscription vary between individuals, small teams (of three individuals) and enterprises. Access by multiple users through a single name and password is not permitted, and we may, at our sole discretion, terminate or deny access to anyone if this is done. Individual access is not available to substantial entities.
3. Every effort is made for our Website to be accessible at all times, but we are not responsible and will have no liability to you or any other party if, for any reason, our website is not available.
4. We may make changes to our Website, its content or to any products and prices described at any time without notice.

 

Subscription

5. By purchasing a subscription, you agree to the price and billing frequency stated at the date of order. Amounts are in Australian dollars and GST inclusive.
6. We will notify you of a subscription renewal. If you wish to stop your subscription, we will cancel it within 2 working days of your written notification.

 

Content

Information on our Website

7. We make every effort to try to ensure the accuracy of the information displayed on our Website. However, as we also rely on information provided to us by third parties, we cannot guarantee the accuracy of all information, nor can we guarantee that our Website is free from errors or faults.
8. Subject to our obligations under the Australian Consumer Law, we:

(a) Make no representation or warranty that the information provided on our Website is timely, accurate or complete; and

(b) Will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information or material provided on our Website, or for any incorrect or misleading information provided on our Website.

 

Links from our Website

9. Our Website may contain hyperlinks to other websites and services from time to time. These links are provided for information and convenience only and we take no responsibility for the content on, maintenance of, or privacy compliance by, any linked website or service. If you decide to use any hyperlinks to third party websites contained on our Website, you do so at your own risk.
10. Unless otherwise indicated, any hyperlink on our Website to another website or service does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or goods which they provide.

 

Links to our Website

11. We do not permit the linking of our Website without our prior consent. We reserve the right to serve you with notice to cease if we become aware of such linking.

 

Intellectual Property

12. The copyright to all content on our Website, except for material posted via embedded third-party websites and links to other websites, belongs to us or we hold rights to use such contents.
13. Certain products and names mentioned on our Website are our trademarks (whether or not registered). Other products and names mentioned on our Website may be trademarks (or other intellectual property) of other parties. Your access to our Website should not be construed as granting any licence or right to use any trademarks appearing on our Website without our prior written consent.
14. Except for our content that is stored in your computer or device’s cache or a single permanent copy of our content for your personal use, you must not without our consent in writing or express licence:

(a) Modify, copy, transmit, distribute, display, reproduce, publish or licence any of our content;

(b) Use or attempt to use any of our content to create any website or publication;

(c) Mirror any page within our Website; or

(d) Use any automated process of any sort to query, access or copy any of our content or generate or compile any document or database based on our content.

 

Cookies and data activity

15. We may use standard technology called ‘cookies’ and similar technologies on our Website. Cookies are small data files that are stored on your computer when you visit a particular app or website, which allow your web browser to remember certain information.
16. By using our Website, you agree to our use of cookies and our Website will issue cookies as soon as you visit our Website. You may disable cookies by turning them off in your browser, however, some functions of our Website will not be available to you if you do this.
17. Sometimes information that you upload is provided with associated metadata. If you do not want us to use the metadata you must remove it before uploading it onto our Website and other applications and tools.
18. We may collect data that is associated with your visit, including the pages you visit, the activities you do and the purchases you make etc. We may also collect information relating to the mobile phone or other device including the device type, the browser, location, IP address and search words used. We may collect, use and disclose and store this information in any of the ways set out in our Privacy Policy, available here.

 

User accounts

Creating an account

19. You may need to create a user account to access some features of our Website.
20. When creating an account, you must provide accurate and complete information and agree to these terms and conditions. All account holders are responsible for updating and correcting information on their account. We may rely on the details of your account without further confirmation or investigation.
21. You must not create more than one account for any person or organisation.
22. You must not use another person’s account without their express permission.
23. You are only permitted to hold an account if you are 18 years of age or older. By applying for a user account, you warrant that you are 18 years of age or older.
24. When you create an account, we will ask you to nominate a password. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

 

Use of your account

25. Your use of this site is subject to the rules set out in Schedule 1 below.
26. You must notify us immediately of any breach of security or unauthorised use of your account, and any changes to your contact and billing information.
27. Although we will not be liable for any losses you suffer as a result of any unauthorised use of your account, you may be liable for our losses or losses incurred by others due to such unauthorised use.
28. You will be responsible for any fees and charges incurred as a user arising from activities on your account, irrespective of who has accessed your account.

 

User content

29. As an account holder, you may submit content to our Website using the relevant applications and functionality of our Website. You understand and agree that we do not guarantee any confidentiality with respect to any content you submit.
30. You are solely responsible for your own content and the consequences of submitting and publishing your content on our Website. You affirm, represent, and warrant that you own or have the necessary licences, rights, consents and permissions to publish content you submit.
31. By submitting Content to our Website or to any of our officers, employees, contractors, agents or affiliates, you agree to grant us a perpetual, irrevocable, royalty-free, non-exclusive licence to use all patents, trademarks, trade secrets, copyright and all other proprietary rights in and to such content for publication on our Website under these terms. You agree that we may use such content as we see fit without any further communication with or approval from you.
32. You retain all of your ownership rights in your content. However, by submitting content to our Website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable licence to use, reproduce, distribute, redistribute, promote, display and prepare derivative works of our content in connection with our Website and our business (including the business of our successors and affiliates).
33. We offer subscribers and non-subscribers the opportunity to license specific content (for example, an article) for the purposes of sharing internally in an organisation and/or externally with non-subscribers through social media or otherwise. Such licenses are organised on a case-by-case basis and may incur a fee separate to the subscription fee. You also grant each user of our Website (whether or not a subscriber) a non-exclusive licence to access your content through our Website, and to use, reproduce, distribute and display content as permitted by us under these terms and any licence granted by us.
34. You further agree and warrant that any content you submit to our Website will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights unless you have permission from the rightful owner of the material to grant to us all of the licence rights granted in these terms.
35. You further agree that you will not submit to our Website any content or other material that is contrary to applicable local, national and international laws and regulations.
36. We do not endorse any content submitted to our Website by any user or other licensor, or any opinion, recommendation, or advice expressed in our content. To the extent permissible by law, we expressly disclaim any and all liability in connection with any content on our Website. We do not permit copyright infringing activities and infringement of intellectual property rights on our Website, and we will remove all content if properly notified that the content infringes another person’s intellectual property rights.
37. We reserve the right to remove content without prior notice, and at our complete and unfettered discretion.

 

User comments

38. All user comments are moderated before being published on our Website.
39. We reserve the right not to publish or to remove, redact or otherwise edit user comments at our absolute discretion, including (but not limited to) comments that:

(a) Expose personal information of any individual without their permission;

(b) Defame any individual or otherwise may breach defamation or libel laws in any jurisdiction;

(c) Are intolerant, offensive, or otherwise discriminatory;

(d) Use intolerant, offensive, or otherwise discriminatory language or images;

(e) Advertise products or services; or

(f) Contain broken or misleading hyperlinks.

40. We reserve the right to remove or restrict users’ ability to publish comments on our Website at our discretion.

 

Account termination

41. We will terminate your user account without notice to you if, in our reasonable opinion, you have not fully complied with these terms.
42. On being notified of the death of an individual account holder and being provided with reasonable evidence of death, we will cancel their user account. To notify us of the death of an individual, please contact us using the contact email address at the end of these terms.
43. On termination of access to our Website for whatever reason, the following terms apply from and after the expiry date or such termination:

(a) You must immediately discontinue use of our Website, and cease to use any intellectual property, confidential information, and any other content;

(b) Any fees previously paid remain our property, and you agree not to make any claim about such fees;

(c) You must pay to us any fees that have accrued but are unpaid as at the date of the termination or expiration; and

(d) You must immediately pay to us, without any deduction or right of set-off, all sums of money due or payable by you to us, including all our costs, expenses and disbursements payable by you in accordance with these terms.

 

Email communication

44. We may correspond with you by electronic means, such as email or via our Website. As you are aware, electronic communication is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with the transmission of data, and to release us from any claim you may have arising from transmission defects.
45. By creating a user account, you agree that we may send you communications as part of the regular operation of our Website and associated services. You may opt out of receiving communications from us at any time. You acknowledge that opting out of receiving communications may impact your use of our Website or provision of services.
46. You are responsible for obtaining the data network access necessary to use our Website and to receive communications from us. Your mobile network’s data and messaging rates and fees may apply if you access or use our Website from a wireless-enabled device. You are responsible for such rates and fees.
47. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use our Website. We do not guarantee that our Website, or any portion thereof, will function on any particular hardware or device. In addition, our Website and any communications may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

 

Disclaimers, exclusion and limitation of liability and indemnity

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

48. While we take all due care in maintaining our Website, we do not provide any warranty, either express or implied, as to any usability or functionality of our Website.
49. We will not be responsible for any outages or downtimes that our Website may experience.
50. We do not accept any liability for any interference with or damage to your computer system, software or data occurring in connection with or relating to our Website or its use.
51. You should take all appropriate and adequate precautions to ensure that whatever is accessed through or downloaded from our Website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.
52. To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these terms and conditions or the use of this Website by you or any other person.
53. To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):

(a) in the case of goods, to any of the following:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) in the case of services:

(v) the supply of the services again; or

(vi) the payment of the cost of having the services supplied again.

54. You agree that your use of this Website is at your own discretion and risk. You agree to release us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these terms and conditions or the use of this Website by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.
55. By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, losses, damages, costs and expenses (including legal fees on an indemnity basis) arising from or in connection with your use of or inability to use our Website, or any breach by you of these terms and conditions.
56. We do not accept any responsibility to ensure that the content of our Website is appropriate for, or available to, viewers outside of Australia.

 

General operative terms

57. If any of these terms are determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then the term will be severed and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.
58. Our rights and remedies under these terms cannot be waived except in writing signed by us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of our other rights.
59. These terms are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia (as the context requires or permits), and each party must submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia.
60. We may terminate your right to access and use our Website at any time without notice if you breach these terms.

 

Dispute resolution

61. Any dispute that arises out of these terms must first be referred to us for resolution using the contact email address at the end of these terms.
62. You must provide us with details of the dispute together with your name and phone number. We will do our best to resolve this dispute by discussing it with you within 20 business days of being notified.
63. If we are not able to resolve the dispute in that time frame, then it may be referred to a court or tribunal of competent jurisdiction.

 

Contact us

64. For any queries, complaints or requests regarding these terms, please contact us at info@mednews.com.au.

 

Schedule 1 – Prohibited Conduct

YOU MUST NOT:

• use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Website;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use this Website to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use this Website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Website;
• use this Website by any automated means;
• use this Website to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of this Website for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with this Website;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Website;
• reproduce, duplicate, copy or store any of the material appearing on this Website without our consent;
• falsely imply that any other website is associated with this Website;
• do anything that leads, or may lead, to a decrease in the value of our intellectual property rights in this Website;
• use or exploit any of the material appearing on this Website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Website;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to us without our prior written consent; or
• use this Website to transmit any information or material that is, or may reasonably be considered to be:

  – abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

  – libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

  – infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

  – in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

  – in breach of any person’s privacy or publicity rights;

  – a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

  – in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

  – containing any political campaigning material, advertisements or solicitations; or

  – likely to bring us or any of our staff into disrepute.