At Medius Health, our aim is to provide a simple, accessible and informative service allowing individuals to access information which may be relevant in considering matters related to their health.
The way we work is simple: we’re here to serve you and to give you the best possible experience.
1. TERMS AND CONDITIONS
1.1. In these terms and conditions, ‘Medius Health’, ‘we’, ‘us’ and ‘our’ means Medius Health Pty Ltd ABN 27 620 347 739 of 300 Barangaroo Avenue, Barangaroo 2000.
1.2. Before you use the services provided by Medius Health, please read these terms carefully so that you understand them. These terms cover all the services we provide to you through our website at www.mediushealth.org (the Medius Site) and through other platforms on which we offer our services, including Facebook (the Services).
1.3. By accessing or using our services you agree to be bound by these terms and conditions.
1.4. Medius Health may revise these terms and conditions from time to time. We will display a notice on the Medius Site indicating when any such revisions have been made. These terms and conditions were last updated on 22 September 2017.
1.5. If you do not agree to abide by these terms and conditions, including any revisions of these terms and conditions, please do not use or access the services offered by Medius Health. It is your responsibility to regularly review these terms and conditions.
1.6. You must be 14 years of age or older to use the Services. If you are under the age of 14, you are not allowed to use the Services. We recommend that persons under 18 get parental permission to use the Services.
2. USE OF THE SERVICES OUTSIDE OF AUSTRALIA
2.1 Using the Services may be prohibited or restricted in certain countries. If you use the Services outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the Services.
2.2 Medius Health does not represent or commit that the Services comply with the laws and regulations of the territory from which you access or use the Services.
3. MEDIUS HEALTH DOES NOT PROVIDE MEDICAL ADVICE
3.1. The material and information provided through the Services, whether on the Medius Site or through other platforms, are for informational purposes only and are general in nature. The Services are not a substitute for professional medical advice, diagnosis, or treatment.
3.2. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding medical symptoms or medical conditions. Do not ignore, or delay seeking, professional medical advice based on of material or information received through our Services.
3.3. If you think you may have a medical emergency, call your doctor or 000 immediately.
3.4 Medius Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be described in the Services.
3.5 To the maximum extent permitted by law subject to clause 8.3, if you rely on any materials of information provided through the Services you do so at your own risk.
3.6. The Medius Site and Services may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to access and use the Medius Site and Services.
4. REGISTERING TO USE THE MEDIUS SITE AND SERVICES
4.2. You may also choose to register an account with Medius Health by completing the form on the Medius Site. If you do so, information you provide on the Medius Site will be stored and linked to your account.
4.3. You must promptly notify Medius Health of any changes to your registered details. Medius Health is not responsible for any loss or damage (including misdirected emails) which may arise from your failure to provide current, accurate and complete registration details.
4.4. You are responsible for the security of your user name and password for the Medius Site. Medius Health may assume that anyone using your user name and password is authorised by you to do so. Unauthorised use of your user name and password will, under no circumstances, reduce your liability in connection with using the Medius Site. You must notify Medius Health immediately on becoming aware of any unauthorised use of your user name or password or of any other security breach in connection with the Medius Site.
4.5. If you access the Services through Facebook, you authorise us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Facebook, including, for example, your name, profile picture, country, address, email address, date of birth, gender, phone number and internet service provider.
5. INFORMATION FROM AND LINKS TO OTHER SITES
5.1. Medius Health may provide links to third party web sites. However, such links are provided for informational purposes only and Medius Health does not recommend and does not endorse the content on any third party websites.
5.2. Medius Health is not responsible for the content of linked third party sites, sites framed within the Medius Site or third party sites provided as search results. Medius Health does not make any representations regarding the content or accuracy of such third party sites.
5.3. Your use of third party websites is at your own risk and subject to the terms and conditions of use for those third party sites.
6. PROHIBITED USE
6.1. In using the Medius Site and Services you must not:
a) provide us with inaccurate or incomplete information;
b) use the Services in any manner that is illegal or violates any applicable rights (including rights of privacy), laws or regulations;
c) violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Medius Site in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
d) attempt to circumvent or disable the Medius Site or Services or any technology features or measures by any means or in any manner;
e) attempt to modify, copy, adapt or reproduce the Medius Site or Services;
f) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Medius Site or the Services;
g) upload, post, transmit or otherwise disseminate information that is defamatory, obscene, pornographic, vulgar, offensive, hateful, or promotes discrimination, bigotry, racism, harassment or harm against any individual or group, or is otherwise objectionable in the sole discretion of Medius Health;
h) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Medius Site or otherwise used in connection with the Services;
i) take any action that interferes, in any manner, with Medius Health’s rights with respect to the Medius Site or the Services;
j) send automated queries of any sort to the Medius Site or otherwise in connection with the Services without Medius Health’s prior written consent;
k) expose the Medius Site to any viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software whether owned by Medius Health or any third party;
l) attempt to undermine the security or integrity of Medius Health’s computing systems or where the Medius Site or Services are hosted by a third party, that third party’s computing systems and networks; and
m) use, or misuse, the Services in any way which may impair the functionality of the Medius Site or Services, or other systems used to deliver the Medius Site or Services, or engage in any other conduct that inhibits or impairs the ability of any other person from using or enjoying the Medius Site or Services.
6.2. You acknowledge that any breaches of this clause or the terms and conditions generally may lead to termination of these terms and conditions and cancellation or suspension of your ability to access and use the Medius Site and/or the Services.
7. INTELLECTUAL PROPERTY
7.1. All intellectual property rights in and associated with the Medius Site and Services (including copyright in content, and trade marks, displayed on the Medius Site) are and remain the property of Medius Health and its third party licensors. Nothing you do on or in relation to the Medius Site or Services will transfer any intellectual property rights to you or, except for the licence referred to in clause 7.2, licence you to exercise any intellectual property rights unless this is expressly stated.
7.2. Medius Health grants you a limited, non-transferable licence to access and use the Medius Site and the Services (whether on Medius Site or through other platforms) solely for your personal use, and solely for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from any relevant countries).
7.3. You grant Medius Health a non-exclusive, worldwide, royalty free, irrevocable licence to use, copy, transmit, disclose, reproduce, modify and distribute any information you submit via or in connection with the Services for the purposes of: a) providing the Services to you and enable you to access and use the Services; b) Medius Health undertaking its internal administrative and training activities; c) assisting Medius Health to further develop and improve the Services; and d) allowing Medius Health to undertake research and analysis, including so that we can identify and understand trends and user behaviour, develop user profiles for individuals and/or for broader groups and to improve the user experience of the Services.
8. WARRANTIES AND LIABILITY
8.1. SUBJECT TO CLAUSE 8.3, THE MEDIUS SITE, THE SERVICES AND THE MATERIAL AND INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED “AS IS, AS AVAILABLE” AND MEDIUS HEALTH EXCLUDES AND DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL GUARANTEES, CONDITIONS, WARRANTIES OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR IMPOSED BY ANY APPLICABLE LAW.
8.2. IN PARTICULAR, AND WITHOUT LIMITING CLAUSE 8.1:
a) WHILE MEDIUS HEALTH ENDEAVOURS TO PROVIDE A CONVENIENT AND FUNCTIONAL WEBSITE AND SERVICE OFFERING, MEDIUS HEALTH DOES NOT GUARANTEE THAT YOUR REQUIREMENTS WILL BE MET, THAT THE MEDIUS SITE OR THE SERVICES ARE ACCURATE OR COMPLETE, OR THAT YOUR USE OF THE MEDIUS SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR THAT THE MEDIUS SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
b) MEDIUS HEALTH CANNOT BE RESPONSIBLE FOR ANY LOSS, CORRUPTION OR INTERCEPTION OF DATA SENT TO OR FROM THE MEDIUS SITE OR SERVICES WHICH OCCURS OUTSIDE OF MEDIUS HEALTH’S COMPUTER SYSTEMS (SUCH AS THOSE WHICH OCCUR WHILE BEING SENT OVER THE INTERNET).
MEDIUS HEALTH RECOMMENDS THAT YOU INSTALL AND USE UP-TO-DATE ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE ON YOUR COMPUTER.
8.3. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW THAT FORMS PART OF THE COMPETITION AND CONSUMER ACT 2010 (CTH), AND SIMILAR CONSUMER PROTECTION LAWS AND REGULATIONS, MAY CONFER ON YOU RIGHTS, WARRANTIES, GUARANTEES AND REMEDIES RELATING TO THE PROVISION OF SERVICES BY MEDIUS HEALTH TO YOU WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED. NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.
8.4. SUBJECT TO CLAUSE 8.3, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIUS HEALTH’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS UNDER OR RELATING TO THESE TERMS AND CONDITIONS OR THEIR SUBJECT MATTER IS LIMITED TO AUD$1000.
8.5. SUBJECT TO CLAUSE 8.3, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIUS HEALTH IS NOT LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR PUNITIVE LOSS OR DAMAGE, WHETHER OR NOT MEDIUS HEALTH WAS AWARE OF SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
8.6. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE MEDIUS SITE OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
8.7. MEDIUS HEALTH’S LIABILITY TO YOU UNDER OR IN RELATION TO THESE TERMS AND CONDITIONS OR THEIR SUBJECT MATTER IS REDUCED TO THE EXTENT THAT YOUR ACTS OR OMISSIONS, OR THOSE OF A THIRD PARTY (OTHER THAN MEDIUS HEALTH’S LICENSORS OR SUBCONTRACTORS), CONTRIBUTE TO OR CAUSE ANY SUCH LIABILITY.
8.8. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS CLAUSE 8 APPLY REGARDLESS OF THE BASIS ON WHICH SUCH LIABILITY ARISES, WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE, OR UNDER AN INDEMNITY, EVEN IF MEDIUS HEALTH HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES
8.9 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD MEDIUS HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING REASONABLE LEGAL AND ACCOUNTING FEES), ARISING IN CONNECTION WITH:
a) YOUR VIOLATION OF ANY PROVISION OF THESE TERMS AND CONDITIONS; OR
b) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT.
8.10. YOU REMAIN SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE STORAGE OF AND ACCESS TO YOUR DATA VIA THE SERVICES COMPLIES WITH ANY LAWS WHICH ARE APPLICABLE TO YOU.
9.1. Either party may terminate these terms and conditions with immediate effect, by giving the other party notice of such termination, if the other party breaches any of its obligations under these terms and conditions and, if the breach is able to be remedied, such breach is not remedied within a period of 14 days from the date on which the breach was advised.
9.2. Medius Health may cease providing the Medius Site or the Services at any time in the event any legal, regulatory or other similar requirement requires cessation or as a result of a change in our internal business strategies, in which case it may terminate these terms and conditions with immediate effect by giving you notice of such termination.
9.3. Where these terms and conditions are terminated, the licence granted under clause 7 ceases immediately and you must immediately cease using the Medius Site and the Services.
9.4. Termination of these terms and conditions does not affect any accrued rights or remedies of either party.
10.1. Your feedback is important to Medius Health. Medius Health seeks to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us at email@example.com.
11.1. Any provision of these terms and conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this terms and conditions is not affected.
11.2. These terms and conditions are governed by the laws of New South Wales, Australia.
11.3. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
11.4. These terms and conditions are the entire agreement between the parties about its subject matter and replaces all previous agreements, understandings, representations and warranties about that subject matter.
11.5. Each party represents and warrants that it has not relied on any representations or warranties about the subject matter of these terms and conditions except as expressly provided in these terms and conditions.
11.6. Your use of the Medius Site and the Services is conducted electronically and you agree that Medius Health may communicate with you electronically for all aspects of your use of the Medius Site and the Services, including sending you electronic notices.
11.8. No waiver of a right or remedy under these terms and conditions is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted.
11.9. A single or partial exercise of a right or remedy under these terms and conditions does not prevent a further exercise of that or of any other right or remedy.
11.10. Failure to exercise or delay in exercising a right or remedy under these terms and conditions does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
11.11. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these terms and conditions.
11.12. The words ‘such as’, ‘including’, ‘particularly’ and similar expressions are not used as nor are intended to be interpreted as words of limitation.