Site Terms

Terms of use

By entering this site, you agree to the terms and conditions set out in the Terms of use.

The Temple Healthcare website is owned and operated by Temple Healthcare Pty Limited (ABN 18 142 790 270) (“Temple Healthcare”). Your access to this site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Temple Healthcare website network. (known collectively as “Terms of Use”). Your use of, and/or access to, this site constitutes your agreement to the Terms of Use. Temple Healthcare reserves the right to amend the Terms of Use at any time.

Copyright

All information, text, material, graphics, software and advertisements on this site (“Content”) are Copyright © 2014. Temple Healthcare Pty Limited, its suppliers and/or licensors unless expressly indicated otherwise on the site. The Content is protected by Australian and international copyright and trademark laws. You must not copy, republish, modify, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the site or expressly authorised in writing by Temple Healthcare.

Strictly on the condition that you keep all Content intact and in the same form as presented on the site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use this site or its Content in any manner or for any purpose which is unlawful or in any manner which violates any right of Temple Healthcare or an affiliate or which is prohibited by the Terms of Use.

Disclaimer and limitation of liability

The Trade Practices Act and similar state and territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by Temple Healthcare of goods or services on the Site which cannot be excluded, restricted or modified (“Non-excludable Rights”).

Temple Healthcare does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:

a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) Temple Healthcare and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Temple Healthcare does not warrant that the functions contained in any Content or any User Generated Content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Temple Healthcare does not warrant or make any representation regarding your access to, or the results of your access to, the Site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Temple Healthcare) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Liability

Under no circumstances (including but not limited to any act or omission on the part of Temple Healthcare) will Temple Healthcare or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site or any Content. You expressly acknowledge and agree that Temple Healthcare does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Temple Healthcare’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Temple Healthcare to the following: in the case of services supplied or offered by Temple Healthcare, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Temple Healthcare, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Trademarks of Temple Healthcare

All trademarks displayed on this site are trademarks of Temple Healthcare or their respective owners. Nothing contained on this site should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of Temple Healthcare, the relevant Temple Healthcare affiliate or third-party owner.

The Temple Healthcare logo may be available to you to place on your own website as a hyperlink to the relevant Temple Healthcare website, but such use requires the express written authorisation of Temple Healthcare or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

Miscellaneous

Temple Healthcare relies on your continued observance of these Terms of Use. If Temple Healthcare suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Temple Healthcare for those losses, damages and costs.

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted herein are reserved.

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