(As of: September 01, 2015)
Thank you for visiting NSW Association of Chinese Medicine Incorporated website ("NSWACM", "we", "our", "us", the "Website"). The terms and conditions below (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of NSWACM.
Use of Website
You agree to use the website only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party. Certain portions of the website may be protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the website may be subject to prosecution.
We are the sole and exclusive copyright owners of the website and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the website excluding Your Content and third party content ("Our Content"). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Website and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Website, Our Content or our IP Rights.
All intellectual property in relation to material included on the Website belongs to NSWACM or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
Apart from fair dealing permitted by the Copyright Act 1968, NSWACM grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
Maps and map data:
- We provide the Google Maps product on an ’as is’ basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against us or Google pertaining to the suitability for any given purpose and performance of Google Maps.
No Endorsement of Content
Some of the content available through NSWACM may include materials that belong to third parties. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Website. We do not screen or investigate third party material before or after including them on our website. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Website. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Website, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Website are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Website, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Disclaimer of Warranties and Limitation of Liability
A. Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE WEBSITE AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE WEBSITE. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE WEBSITE. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE WEBSITE AND THE CONTENTS THEREOF ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR WEBSITE WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE WEBSITE.
B. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NON-PERFORMANCE OF ANY PRACTITIONER IN CONNECTION WITH THE SERVICES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE WEBSITE.
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the website, or products or services included or advertised in the website; or (iii) your breach of these Terms.
B. Data Fees
Data, messaging, or other ISP and carrier fees may apply in your use of the Website.
C. Changes to the Terms
NSWACM may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms as modified, you must stop using the Website and, if applicable, cancel your account. You understand and agree that your continued use of the Website after any posted modification to the Terms indicates your acceptance of the modification.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.
E. Governing Law/Dispute Resolution
These Terms are governed exclusively by the laws of the State of New South Wales and Australia. Any controversy or claim relating to these Terms or the Website shall be submitted to the judicial courts located in the State of New South Wales. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.