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Legal Notice |
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Terms of use of this web
site |
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This web site is owned
and operated by Mayo Healthcare Pty Ltd 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 this site. Your use of, and/or access to, this site contributes
your agreement to these Terms of Use.
Mayo Healthcare Pty Ltd may change material on this site, including these
conditions, at any time without notice. Each time you log on to this
site, you will be deemed to have accepted any changes to these Terms
of Use. The updated online version of these Terms of Use shall supersede
any prior versions, whether in paper, online or other media format.
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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Disclaimers |
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Mayo Healthcare Pty Ltd
has provided this web site as a general information service. Therefore,
Mayo Healthcare Pty Ltd cannot accept responsibility for any
error, omission, misrepresentation, or misstatement contained in this
web site.
This site is designed for general educational and information purposes
only. The content made available at this site is not intended, whether
expressly or impliedly to contribute professional medical or health
care advice or diagnosis or treatment and is not to be relied upon
without any professional consultation or independent consideration
by a qualified medical practitioner.
You should not rely on information that you obtain from or via this
site as a substitute for medical or health care advice, information
or treatment from a qualified medical or health practitioner. If you
need advice, information or treatment you should consult a qualified
medical or health care practitioner and not use this site.
You use this site at your risk. Mayo Healthcare Pty
Ltd by providing access to content does not warrant its accuracy,
currency or adequacy. You must evaluate, and you bear all risks associated
with, use or reliance upon any content.
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The Site |
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Mayo Healthcare
Pty Ltd endeavours to provide a convenient and functional site.
However, we do not warrant the content will be error free or that
the site or the server that operates it are free of viruses or other
harmful components.
If your use of the site results in the need for servicing or replacing
property, material, equipment or data, Mayo Healthcare Pty Ltd
will not be responsible for such costs.
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Limitation
of Our Liability |
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Without limiting the
above provisions, everything on the site is provided to you "as
is" and "as available" without warranty or condition
of any kind, either expressed or implied, including, but not limited
to, any implied warranties of merchantability, fitness for a particular
purpose, or non-infringement.
To
the extent that we are able under the Trade Practices Act or State
and Territory law to limit the remedies available to you, Mayo Healthcare Pty Ltd expressly limit its liability for breach of a condition
or warranty implied by virtue of any legislation to the following
remedies (the choice of which is at Mayo Healthcare Pty Ltd's
sole discretion): (a) in the case of goods, any one or more of the
following: (1) replacement of the goods or supply of equivalent goods,
(2) repair of the goods, (3) payment of the costs of replacing the
goods or of acquiring equivalent goods, or (4) payment of the costs
of having the goods repaired; or (b) in the case of services (1) supply
of the services again; or (2) payment of the cost of having the services
supplied again.
If you are entitled to statutory warranties, your remedies if those
statutory warranties are breached may be limited to those set out
above. Nothing in this agreement is intended to limit or exclude any
liability on the part of Mayo Healthcare Pty Ltd where and
to the extent that applicable law (eg the Trade Practices Act) prohibits
such exclusion or limitation.
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Indemnities |
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By using
this site you agree to:
- Iirrevocably waive and release any and all claims
that you now have or may have against Mayo Healthcare Pty Ltd, its
affiliates, subsidiaries, parents, directors, officers, employees,
agents and representatives which claims directly or indirectly
arise out of, relate to or are incidental to use of content, this
site or anything made available via this site; and
- Indemnify Mayo Healthcare Pty Ltd from and against claims,
loss, damage, tax, liability and/or expense that may be incurred
by Mayo Healthcare directly or indirectly arising out of or in
connection with your use or reliance upon content, this site or
anything made available via this site, including legal costs,
fees and expenses of defending any of Mayo Healthcare Pty Ltd, but excepting
claims arising out of gross negligence or willful misconduct of
Mayo Healthcare Pty Ltd.
You agree to indemnify Mayo Healthcare Pty Ltd from
any claim or demand, including reasonable legal fees, made by any
third party due to or arising out of:
- Violation of these terms by you, or
- Infringement by you, or other user of this using
your user name and password, of any intellectual property or other
right of any person or entity.
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Copyright
and Other Intellectual Property |
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This site
contains material (including graphics and text) which is subject
to copyright and other intellectual property rights owned by or
licensed to Mayo Healthcare Pty Ltd and its respective products’
suppliers (business partners) who has provided the materials.
Unless otherwise noted, product name, designs, logos, text and images
within this Web site are the trademarks, trade names, copyrights
or other property of Mayo Healthcare Pty Ltd and its respective
owners.
Subject to fair use and other relevant defenses:
You are allowed to:
- View, copy and print material in electronic or other
forms only for your personal use, or non-commercial purposes and
only if you retain copyright and other intellectual property notices
from the original material;
You are NOT allowed to:
- Use material from this Site for non-personal, public
or commercial purposes (other than provision of professional services
by you as a medical or health care practitioner); or
- Breach copyright or any other intellectual property
rights of Mayo Healthcare Pty Ltd or its licensors including
by amending or adapting any material on this Site.
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