The following provisions govern your use of www.health365.com.au (the “Health365 Website”) and all other services made available to you through the Health365 Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE HEALTH365 WEBSITE.
The Health365 Website is operated by PharmaCare Laboratories Pty Ltd (ACN 062 489 178) (“PharmaCare”), 18 Jubilee Avenue, Warriewood NSW 2102 Australia. By using the Health365 Website, you agree to be bound by these Terms and Conditions, which constitute a contract between you and PharmaCare. PharmaCare reserves the right to revise and update these Terms and Conditions at any time. By your continued use of the Health365 Website, you agree to be bound by any revised Terms and Conditions. DO NOT USE THE HEALTH365 WEBSITE FOR MEDICAL EMERGENCY SERVICES. FOR EMERGENCIES CALL 000 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
These Terms and Conditions are governed by the laws of the State of New South Wales, Australia as may be in force from time to time. By using the Health365 Website, you consent to resolve in the State of New South Wales, Australia, any dispute that you may have with Health365, its suppliers or any other legal entity appearing in the Health365 Website.
About this Website
We strive to provide valuable and accurate health information. The editors of the material contained in the Health365 Website have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of publication. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the Health365 Website, PharmaCare, nor any other party involved in the preparation of information contained in the Health365 Website or in our e-newsletters represents or warrants that the information is accurate or complete, and accept no responsibility for any errors or omissions in that information, or for the results obtained from the use of such information.
You should carefully review the information contained in the Health365 Website with your medical or health care professional before adopting any of the information or drawing inferences about your health from it. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the Health365 Website is intended as diagnosis or treatment. Always consult your medical or health care professional if you have any concern about your health.
The Health365 Website may contain links to websites operated by third parties. The linked websites are not under the control of PharmaCare. PharmaCare is not responsible for the contents of any linked website, any link contained in a linked website or any changes or updates to such websites.
It is a condition of these Terms and Conditions that all information you post and/or submit to be posted in our directories, including all advertisements and creative designs, are either your own works or works which you are using with the permission of the owner. By submitting information (including advertisements and designs) to any part of the Health365 Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the Health365 Web Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or therapist/client confidentiality. You warrant that any and all information submitted by you and posted on the Health365 Web Site, including in any directories, is true, complete and correct.
Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on the Health365 Web Site are subject to review, modification and deletion without notice by the Community Manager. You should be aware that personally identifiable information you choose to disclose on the Health365 Web Site may be used by third parties and such use is beyond our control.
You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the Health365 Web Site or any of our users.
We may deny you access to all or part of the Health365 Web Site and/or suspend or cancel your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
Copyright and Trade Marks
The Health365 Website and its contents are subject to copyright under the laws of Australia. The Health365 Website is for your personal, non-commercial use. You may not reproduce, modify,copy, distribute, transmit, communicate, display, publish or use any material contained in theHealth365 Website and/or our e-newsletterswithout the express prior written consent of Health365 or the relevant copyright owner. You maynot use any of the information on the Health365
Website for commercial purposes or to establish, operate or maintain your own product or service offering.
The Health365 Website is provided on an ‘as is, with all faults and as available’ basis and to the maximum extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade. Health365 makes no representation or warranty that any content of the Health365 Website is accurate, complete, appropriate, reliable or timely. Health365 also makes no representation or warranty that your access to and use of the Health365 Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. Health365 reserves the right to discontinue operating the Health365 Website at any time without notice.
Use of the Health365 Website
Your use of the Health365 Website is at your own risk. You are responsible for taking all necessary precautions to protect yourself against any claim, damage, loss or hazard that may arise by virtue of your use of the Health365 Website. You must not use any means of automatically searching or mining data from the Health365 Website or in any way interfere or attempt to interfere with the proper operation of the Health365 Website.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the Health365 Website, our systems or data or those of any third party via the Health365 Website.
To register for the Health365 Website, and to find out about the benefits of registration, please go to “Register Now”. Your service account will then be activated and you will be issued a password which will be sent to you by email.
You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with a URL beginning with http://www.health365.com.au. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately. You are solely responsible for any and all use of your service account.
You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed. These Terms and Conditions will remain in force, as applicable, once your service account has been closed.
You agree to indemnify, defend and hold harmless PharmaCare and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties’ intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Health365 Website using your service account.
Waiver, Release and Limitation of Liability
PharmaCare’s liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to, in the case of services, will be to the re-supply of the relevant services or the payment of the value of the re-supply of the relevant services, and in the case of products, to the re-supply of the relevant products or the payment of the value of the products supplied.
Miscellaneous, Feedback and Complaints
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of PharmaCare.
PharmaCare’s relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
PharmaCare will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with PharmaCare should be via the “Contact Us” facility on the Health365 Website. Any formal notices or communications should be sent to the address set out at the beginning of these Terms and Conditions. A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by post will be deemed to have been received 3 days after the date of sending (7 days if sent to or from outside Australia).
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the maximum extent possible, to render the clause or provision enforceable. If no reasonable interpretation would have that effect on such a clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
If you have any feedback or a complaint about the Health365 Website, including about any products or services offered in or through it, please contact us by any of the following means during business hours Monday to Friday.
18 Jubilee Avenue
Warriewood NSW 2102
Phone: (02) 9997 0355
Last updated February 2013.