MDA Online Personal Subscription - Terms and Conditions
The following terms and conditions (“Terms”) are a legally binding agreement between the Australasian Medical Publishing Company Pty Ltd ACN 000 005 854 (“AMPCo”, “we”, “us”, “our”) and the person (“you” or “your”, as the context may require) who wishes to have access to an online version of the Medical Directory of Australia (“MDA Online”) published by AMPCo on the World Wide Web (“WWW”).
Both parties agree that:
1.1 These Terms commence on the date on which we receive payment in full for the Subscription Fee and continue in full force and effect for the duration of the Subscription Period unless terminated earlier in accordance with clause 9.
2.1 You agree to pay us the Subscription Fee in consideration for the supply of the Service subject to and in accordance with these Terms.
2.2 In consideration for the payment in full by you to us of the Subscription Fee, we grant you a non-exclusive, non-transferable licence to use the Service on and subject to these Terms.
3.1 You agree that:
(a) your access and use of the Service shall be subject to and in accordance with:
(i) these Terms; and
(ii) any legal notices displayed on the Website from time to time; and
(iii) the Terms of Access and Use, that are available displayed on the Website from time to time;
(b) we may revise, replace or amend the Terms of Access and Use from time to time at our sole discretion.
3.2 If, for any reason whatsoever, payment of the Subscription Fee is not received in full and in cleared funds by us before you access or use the Service, we shall be entitled to suspend, revoke or cancel the licence granted under clause 2.
4.1 You acknowledge and agree that any and all Intellectual Property Rights, title and interest arising in and in relation to any and all directory listings, operational manuals, documentation, works or other materials whatsoever accessed on the Website remains with or vests in AMPCo or third parties.
4.2 If AMPCo, or any person, makes available or introduces to you any of AMPCo’s intellectual property then all Intellectual Property Rights relating to or associated with that intellectual property will remain the sole property of AMPCo.
The Medical Directory of Australia makes information available on the World Wide Web for professional referrals and personal contact with referrals and health professionals and institutions.
The user may use and permit use of MDA Online to look up entries on screen. The user may not otherwise copy or reproduce, or permit the copying or reproduction of, part or all of MDA Online.
5.1 Notwithstanding the restrictions on use of the Content referred to in this clause 5 and subject to the terms of the licence granted to you under clause 2, you may make temporary electronic copies of the documentation that are necessary to browse this Website and may print single copies of Contact details from the Website for non-commercial personal use provided you do not remove any copyright or trade mark notices contained on or in the Material.
5.2 Reproduction and Communication for other purposes
No further reproduction or distribution of the Content in whole or in part should proceed without the permission of the publisher.
AMPCo may make mailing lists and directory information available for approved communication purposes based on separate commercial terms and conditions.
To seek permission to use MDA Online information, send an email to mda at ampco dotcom dotau Australasian Medical Publishing Company. Your email must tell us:
6.1 You acknowledge and agree that:
(a) MDA Online is protected by copyright, and you do not acquire any ownership rights by downloading or copying Material from this Website;
(b) AMPCo does not provide information on doctors and other directory listees who have specifically requested that their details not be published (excluding services used exclusively by AMPCo and the AMA);
(c) MDA Online includes security features (such as fictitious names and addresses) designed to help AMPCo enforce its rights in the use of MDA Online;
(d) although AMPCo has taken all reasonable steps to ensure that MDA Online is accurate, AMPCo does not make any warranties about MDA Online, including without limitation any warranty that MDA Online is complete or error-free;
(e) you will not rely on any of the Content without first making independent enquiries to verify facts.
6.2 This Website is provided on an “as available” basis. You agree that the Website may be interrupted for maintenance and repairs, or for any other reason and that access to any Content cannot be guaranteed.
6.3 To the fullest extent permitted by law, AMPCo disclaims any and all express or implied warranties, guarantees or representations regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Content, the Materials or on any External Websites; and
(b) the merchantability, reliability or fi tness for any particular purpose for any service or product contained or referred to on this Website, the Content, the Materials or on any External Websites.
6.4 You acknowledge and agree that AMPCo does not warrant, guarantee or make any representation that:
(a) this Website, the Content, the Materials, or the server that makes the Website available on the WWW are free of software viruses;
(b) the functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or that
(b) errors and defects in this Website or the Content will be corrected.
6.5 To the extent that our liability for breach of any implied warranty or conditions cannot be excluded by law, our liability will be limited, at our sole discretion, to:
(a) in the case of services supplied or offered by us, the resupply of those services or the payment of the cost of having those services resupplied; or
(b) in the case of goods supplied or offered by us, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.
6.6 In no circumstances will we be liable to you for any indirect, incidental, special or consequential losses or damages including, without limitation, loss of profits, loss of goodwill, loss of data or loss of opportunity. To the fullest extent permitted by law, our liability to you for goods or services supplied by us to you shall be the lesser of the amount determined under clause 6.5 or the aggregate amounts paid by you in respect of those goods or services to us.
7.1 You agree to immediately indemnify and keep indemnified AMPCo against any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with:
(a) your use of or access to the Service or the Website;
(b) your breach of these Terms; and
(c) your actions, omissions, negligence or misconduct.
8.1 You agree that we may disclose personal information that you provide to us to:
(a) the Australian Medical Association Limited; and
(b) our business associates.
8.2 You agree that we may collect, use and disclose the personal information that you provide to us for the following purposes:
(a) to enable us to perform our obligations under these Terms;
(b) to recover any money owing to us; and
(c) to provide, or arrange for a third party to provide, you with information regarding goods or services that we believe may be of interest to you.
8.3 Any personal information, including personal financial information, that relates to you and is collected, used or disclosed by us will be only be collected, used or disclosed:
(a) in accordance with these Terms or the terms displayed on the Website, if any; and
9.1 We may immediately terminate these Terms if:
(a) you fail or refuse to make, or AMPCo does not receive in full and in cleared funds, any payment of the Subscription Fee or any part of the Subscription Fee; or
(b) you breach any term or condition of these Terms and fail to remedy such breach to our satisfaction within seven (7) days of notifi cation from us.
9.2 On termination of these Terms:
(a) the licence granted under clause 2 is immediately revoked;
(b) you must not access or attempt to access the Subscribers’ Section of the Website; and
(c) we may immediately deny you access to the Subscribers’ Section of the Website, or any other part of the Website, at our sole discretion.
9.3 Any termination of the licence granted under these Terms shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms, which is expressly or by implication intended to continue in force after such termination.
10.1 These Terms supersede all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Service.
10.2 You must not assign, whether in whole or part, the benefit of these Terms or any rights or obligations hereunder, without the prior written consent of AMPCo.
10.3 These Terms shall be governed by and construed in accordance with the laws in force for the time being in the State of New South Wales, Australia, and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.
10.4 No forbearance, delay or indulgence by a party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party, nor shall any waiver or those rights operate as a waiver of any subsequent breach.
10.5 Should any part of these Terms be or become invalid or unenforceable, that part shall be severed from these Terms. Such invalidity or unenforceability shall not affect the validity of the remaining provisions of the Agreement.
11.1 In these Terms:
“Intellectual Property Rights” means any intellectual property and industrial property rights of AMPCo throughout the world including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs, and circuit layouts whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions and any other intellectual property rights as defi ned in Article 2 of the World Intellectual Property Organisation Convention of 1967;
“MDA Online” means the Medical Directory of Australia published on the WWW, including all pages, programs and data stored on and served from the MDA Online website;
“Online access” means accessible by means of an Internet portal or link;
“Service” means the provision by AMPCo, on your payment in full of the Subscription Fee, of online access to part of MDA Online in electronic format including access to the part or parts of the Subscribers’ Section of the Website for which the Subscription Fee has been paid to AMPCo;
“Subscribers’ Section” has the meaning given to that expression in the Terms of Access and Use;
“Subscription Period” means the period for which you have paid the relevant Subscription Fee;
“Subscription Fee” means the aggregate value of the subscription to MDA Online that you select from the subscription price guide for the Medical Directory of Australia that we publish, from time to time, on the Website that may vary depending on the time period for which you wish to access the Service;
“Terms of Access and Use” means the terms and conditions, published by or on behalf of and at the sole discretion of AMPCo, from time to time, on which you may access and use the Website;
“Website” means the MDA Online website, operated under the domain name www.mda.com.au and www.medicaldirectory.com.au or any extensions to those domains on the WWW;
“Works” means any documents, directory listings, or any other materials whatsoever; and
“WWW” means the World Wide Web.
11.2 Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of these Terms. A reference to a clause is a reference to a clause of these Terms.
Last updated: 11 February 2010