PLEASE BE AWARE OF THE TERMS AND CONDITIONS OF USING THE AUSDOC MEDICAL JOBS WEBSITE, PART OF THE AUSTRALIAN DOCTOR GROUP. DATE OF LAST REVISION: 2ND MAY 2023.
- Australian Doctor Group Pty Ltd Website Terms and Condition
- ADG User Terms
- ADG Intellectual Property Right Infringement Policy
- Inappropriate Information Policy
Australian Doctor Group Pty Ltd Website Terms and Condition
USE
This website (jobs-stg.ausdoc.com.au) is owned and operated by Australian Doctor Group Pty Ltd (ABN 94 615 959 914). By browsing and using our website, you agree to comply with and be bound by the following terms and conditions:
Definitions
(a) A reference to “ADG,” “we,” or “us” in these Terms and Conditions includes Australian Doctor Group Pty Ltd, its directors, officers, employees, and agents.Accuracy of Information
(b) The information and settings provided on this website are correct at the time of publishing. ADG takes no responsibility for the accuracy of the information and graphics, which may be sourced from suppliers and third parties. While we strive to provide accurate information, we cannot be held responsible for minor variances. If any errors or omissions are brought to our attention, we will endeavor to correct them as soon as possible, but we are not liable for any consequential loss suffered as a result of such errors or omissions.Content Usage
(c) The content on this website is for general information and use only. We reserve the right to amend or update our website without prior notice.Intellectual Property
(d) This website contains material owned by or licensed to us, including but not limited to design, layout, look, appearance, and graphics. Reproduction is prohibited except in accordance with the copyright notice, which forms part of these Terms and Conditions.Unauthorised Use
(e) Unauthorized use of this website may result in a claim for damages and/or constitute a criminal offense.External Links
(f) From time to time, this website may include links to other websites. The linked sites are not under the control of ADG, and we are not responsible for the content of any linked site or any link within a linked site. ADG reserves the right to terminate any link at any time. Links are provided for convenience only and should not be interpreted as an endorsement of the company, content, or products linked. Accessing third-party sites linked to this website is at your own risk, and ADG disclaims all warranties, express or implied, regarding such linked sites, including but not limited to terms of accuracy, ownership, validity, or legality.Linking to Our Website
(g) You may not create a link to this website from another website or document without our prior written consent.
COPYRIGHT
Unless otherwise specified, all materials on this website are the property of ADG and are protected by copyright laws in Australia and globally. The use of any such material on other websites, networked computer environments, or for any other purpose is strictly prohibited and may violate copyright, trademark, and other similar laws.
Any redistribution or reproduction of part or all of the contents in any form is prohibited, except as follows:
Personal Use
(a) You may print or download extracts to a local hard disk for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.Third-Party Use
(b) You may copy content to individual third parties for their personal use, but only if you acknowledge this website as the source of the material.Restrictions
(c) Except as outlined in (a) and (b) above, no materials on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from ADG.
TRADEMARKS
The trademarks, service marks, and logos used on this website (Trade Marks) are the property of ADG and their respective owners. You have no right to use any such Trade Marks, and nothing in this website or these Terms and Conditions grants any right to use them (whether by implication, waiver, estoppel, or otherwise) without prior written permission from ADG or the respective owner.
SYSTEM INTEGRITY
Proper Use
(a) You must not use any device, software, action, or instruction to interfere or attempt to interfere with the proper functioning of the website or any activities conducted on the website.Confidentiality
(b) You must not disclose or share any confidential information, including your password, with third parties, nor use such information for any unauthorized purpose.Responsibility
(c) You are solely responsible for your transmissions through the website.Honesty
(d) You must be open and honest in all your communications through the website.Legal Compliance
(e) You must not use the website for illegal purposes.
(f) You must comply with all relevant laws, regulations, policies, and procedures in relation to your use of the website.Account Termination
(g) We reserve the right to determine whether you are in default of the Terms and Conditions and may, at our sole discretion, immediately terminate your account and use of the website if we believe you are in default.Reasonable Action
(h) We agree to act reasonably when exercising our right to terminate your account in relation to the website.
REGISTRATION
- Restricted Access
(a) Access to and use of password-protected or secured areas of this website are restricted to authorized users only. To access these areas, you must register and obtain an account. Registration is subject to our Registered User Terms and Conditions, as well as certain eligibility criteria.
YOUR INFORMATION
Definition
(a) “Your Information” includes any information you provide or communicate to us at any time, including during registration and any material you post or display on this website.Responsibility
(b) You are solely responsible for Your Information, and we may assume that it is being used legally, validly, and is accurate.Discretionary Use
(c) We may handle Your Information at our discretion if we deem it necessary.Confidentiality
(d) Except for disclosures made for technical support, uses specified in our Privacy Policy, or where you have clearly marked Your Information as confidential, Your Information will be considered non-confidential and non-proprietary. You agree that any comments, information, feedback, or ideas you provide regarding our company, products, or services will be deemed the property of ADG, granting us full ownership rights. This includes unrestricted rights to use or disclose such information in any form, medium, or technology now known or later developed, for any purpose, commercial or otherwise, without compensation to you.Accuracy and Compliance
(e) You must ensure that Your Information:- (i) Is true, accurate, and complete;
- (ii) Is not false or misleading;
- (iii) Does not infringe on any other person’s rights or privacy;
- (iv) Complies with all applicable laws and industry codes of practice;
- (v) Is not defamatory, threatening, or harassing;
- (vi) Is not obscene or pornographic;
- (vii) Does not contain viruses, Trojan horses, worms, time bombs, cancelbots, or other programming that may damage, interfere with, or expropriate any system, data, or personal information.
Prohibited Actions
(f) You must not do, or allow to be done, anything involving the website that:- (i) Violates any applicable law or industry code of practice, or
- (ii) Is prohibited by these Terms and Conditions.
OUR RIGHTS
Refusal of Access
(a) We may refuse you the right to use the website if the information you provide is untrue, inaccurate, or incomplete.Suspension for Misconduct
(b) If we believe you have engaged in any form of misleading or deceptive conduct, ADG may, at its sole discretion, permanently suspend you from the website and any associated accounts.Monitoring Communications
(c) While ADG is not obligated to do so, we reserve the right to review your communications on this website to ensure compliance with these Terms and Conditions. ADG will not be liable for the content of any communications made on or via this website or for any errors or legal violations by you. ADG will comply with any court order requiring disclosure of the identity of any person making communications on or via this website.Termination of Access
(d) ADG may suspend, cancel, or terminate your access to the website if you breach these Terms and Conditions or for any other reason at ADG’s absolute discretion.Account Suspension
(e) We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your account if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us.Re-registration Prohibition
(f) If we suspend your access to the website, you may not register again.
FALSE OR MISLEADING CONDUCT
Referral to Authorities
(a) We may refer fraudulent users to law enforcement and to your internet service provider.Liability for Damages
(b) You may be sued for any losses suffered by any person as a result of your illegal actions.
LIABILITY AND INDEMNITIES
Our liability to you:
No Responsibility for Communications
(a) We are not responsible for any loss, liability, or damage you incur as a result of the sending, receiving, or failure to send or receive any communications for any reason.No Warranty
(b) We provide the website without any express or implied warranty.Limitation of Liability
(c) In no event shall ADG be liable for any direct, indirect, special, incidental, or consequential losses or damages, including but not limited to loss of profits or revenues, costs of replacement goods, or loss or damage to data arising out of the use or inability to use this website or any linked site. This applies to damages resulting from use of or reliance on the information or materials presented on this website, whether based on warranty, contract, tort, or any other legal theory, even if ADG has been advised of the possibility of such damages.No Guarantee of Access
(d) We do not guarantee continuous, uninterrupted, or secure access to the website.Internet Instability
(e) You acknowledge that the internet can be unstable and sometimes insecure, and that the website may not always be available.No Guarantee of Prevention
(f) We do not guarantee that we will notice or be able to prevent any illegal or inappropriate use of the website.Data Preservation
(g) We do not guarantee the preservation of any record, especially after the provision of the website has been suspended, canceled, or terminated. We may delete information at our sole discretion and without notice.No Liability for Damages
(h) We are not liable for any lost profits or any special, incidental, or consequential damages (however arising, including negligence) resulting from our exercising discretion as outlined in these Terms and Conditions.
INDEMNITIES
Waiver and Release
(a) You waive, release, discharge, and relinquish any and all claims you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents, and representatives related to or arising from the use of the website.Indemnification for Performance
(b) You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents, and representatives (“the Indemnified Parties”) against any and all claims, losses, damages, taxes, liabilities, and expenses, including legal costs and fees, arising from the performance of our obligations as described in the Agreement. This includes defending against claims by any party to any transaction or by any other person due to your negligent acts or omissions on a full indemnity basis.Indemnification for Breach and Infringement
(c) You further agree to indemnify and hold us and the Indemnified Parties harmless from any claims or demands, including legal fees on a full indemnity basis, made by any third party due to or arising from a breach of these Terms and Conditions by you, or the infringement by you or another user of the website using your username and password, of any intellectual property or other rights of any person or entity.
INDEMNITIES
Privacy Policy
(a) Our privacy policy (as it appears from time to time) is available on the Website.Agreement to Policy
(b) We will take all reasonable steps to adhere to this policy, and all users of the Website agree to the policy when using the Website.Opt-Out
(c) If you do not agree to the collection and use of information as specified in the privacy policy, you may not use the Website.Consent
(d) By registering with the Website and accepting these Terms and Conditions, you consent to:- (i) The collection of various personal information detailed in the privacy policy, including your name, address, contact details, and your use of the Website;
- (ii) The use of your personal information for purposes outlined in the privacy policy, including internal use to improve the Website, compliance with State and Federal laws, statistical analysis, utilization of content and product offerings, delivery of promotional material, and administrative purposes related to the Website.
Disclosure
(e) We may disclose your information in the circumstances specified in the privacy policy.
COMPLAINTS, CONCERNS & SUGGESTIONS
If you have any complaints, concerns, or suggestions about this Website, please contact Australian Doctor Group Pty Ltd to address the issue. We also value your feedback, so please email us at [email protected]
COMPLAINTS, CONCERNS & SUGGESTIONS
If you have any complaints, concerns, or suggestions about this Website, please contact Australian Doctor Group Pty Ltd to address the issue. We also value your feedback, so please email us at [email protected]
GENERAL
Severability
If any provision of these Terms and Conditions is found to be invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected.Force Majeure
Neither party shall be liable for any default due to acts of God, war, terrorism, strikes, lockouts, industrial action, fire, flood, or other events beyond the reasonable control of the other party.Current Terms
These Terms and Conditions are current as of 2nd May 2023. ADG may update these Terms and Conditions at any time with or without notice to you. You are responsible for ensuring that you are aware of and comply with the Terms and Conditions as applicable from time to time.
DISCLAIMER
ADG assumes no responsibility for the accuracy, correctness, timeliness, or content of the materials on this website. You should not assume that the materials are continuously updated or contain current information. The materials on this website are provided “as is,” and any warranties (express or implied), conditions, or other terms of any kind, including but not limited to any warranty of merchantability, fitness for a particular purpose, non-infringement, or title, are hereby disclaimed to the extent allowable by law.
APPLICABLE LAWS
These Terms and Conditions are governed by the laws in force in the state of New South Wales, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for determining any disputes concerning these Terms and Conditions.
ADG User Terms
INTRODUCTION
ADG provides a networking and educational platform for medical professionals and students. The purpose of this platform is to encourage and facilitate communication within the medical industry, fostering community, collegiality, and mentorship.
- Definitions
- ADG: Refers to Australian Doctor Group Pty Ltd ABN 80 132 719 861. Any references to “we,” “us,” or similar terms are references to ADG.
- Customer/Client/User/You: Refers to the registered user of ADG’s services who has agreed to these Terms and Conditions in accordance with Clause 1.
- Agreement/Terms/Conditions: Refers to the rights and obligations outlined in this document.
- Services: Includes the provision of a medical networking website, along with any user account, offerings, features, or additional services that may be made available from time to time.
- Website: Refers to the website provided by ADG in connection with the Services.
- User Account: A personalized account that provides additional services, such as the ability to upload information to our website, view Third Party information, correspond with other users, and receive correspondence from them.
- Your Information: Includes any information you provide or communicate to us, including during registration and any material posted or displayed on our website.
- Third Party Information: Refers to any information available on our website or through our services provided by registered users other than ADG or you.
- Intellectual Property: Encompasses all forms of intellectual property, including but not limited to:
- Inventions, discoveries, and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, methods, or techniques;
- Copyright (including future copyright) globally in all literary works, artistic works, computer software, and other works or subject matter in which copyright subsists or may subsist;
- Confidential information and trade secrets;
- Trade and service marks (registered or unregistered), business names, trade names, domain names, logos, and get-up; and
- Proprietary rights under the Circuit Layouts Act 1989 (Cth).
AGREEMENT
By creating a user account, you agree to be bound by the obligations, limitations, and rights outlined in this agreement.
Modifications to Terms
We may modify these terms at any time. If we choose to do so, we will notify you before or within a reasonable time after the changes take effect. You may then choose to either continue using our services or terminate your user account. By continuing to use our services after the modification of these terms, you are deemed to have agreed to the revised terms. If you choose to terminate your account within 2 business days of being notified of the modification, you will only be bound by the ongoing obligations (as detailed in Clause 3) from the terms prior to the modification.Website Content and Updates
The content on this website is provided for your general information and use only. We reserve the right to amend or update our website without notice to you.Intellectual Property
This website contains material owned by or licensed to us, including but not limited to design, layout, look, appearance, and graphics. Reproduction of this material is prohibited except as permitted by these terms.Unauthorized Use
Unauthorized use of this website or any materials contained on it may result in a claim for damages and/or be a criminal offense.Links to Other Websites
This website may include links to other websites from time to time. These linked sites are not under our control, and we are not responsible for their content. We reserve the right to terminate any link at any time. Links are provided for your convenience only and should not be interpreted as endorsements of any company, content, or products linked to. If you access any third-party sites linked to this website, you do so at your own risk. We disclaim any and all warranties, express or implied, regarding linked sites, including but not limited to accuracy, ownership, validity, or legality of their content.Additional Terms
Use of this website and/or your user account is subject to our Website Terms, Privacy Policy, and Copyright Policy, in addition to this agreement. In the event of any conflict between this agreement and our Website Terms, the terms of this agreement will take precedence.
REGISTRATION
1. Requirement for Registration
To use our services, you must first apply to register a user account. Acceptance of your application is at the sole discretion of ADG.
2. Registration Process
To register for a user account, you must provide the following information:
- Your real name;
- Your email address;
- A password, selected by you;
- Sufficient evidence, as deemed necessary on a case-by-case basis, to establish to our reasonable satisfaction that you are either a medical practitioner or a medical student; and
- Any other information that we may reasonably require from time to time.
3. Eligibility to Create User Account
To be considered for a user account, you must meet the following criteria:
- You must have the legal capacity to agree to these terms, as defined by the applicable law of this agreement (see Clause 12) and any law in force in your country of residence or any country in which you use our services.
- Your use of our services must not breach the applicable law of this agreement (see Clause 12) and any law in force in your country of residence or any country in which you use our services.
- You must not be subject to any restriction, whether legal or otherwise, that prohibits you from agreeing to these terms or using our services.
4. Conditions of Registration
Your registration and continued use of our services are conditional upon your compliance with the terms of this agreement.
INTELLECTUAL PROPERTY
1. Trade Marks
The ADG name and logo are trademarks owned by ADG. Except as outlined below, you have no right to use these trademarks. Nothing in these terms or on our website grants any right to use our trademarks without our prior, express written permission.
For as long as you maintain a registered user account, we grant you a license to use a copy of the ADG logo, as shown on our website, solely for embedding a hyperlink to your user account in your electronic or written communications to indicate your registration.
If your user account is suspended or terminated, this license is automatically revoked, and you must immediately cease using the ADG logo.
2. Other Intellectual Property
All other intellectual property related to our services is the sole property of ADG and its licensors. You have no right to use such intellectual property beyond what is necessary to use our services. Nothing on our website or in these terms grants any right to use our intellectual property without our prior, express written permission.
Your Information
1. Responsibility and Warranties
You are solely responsible for Your Information and warrant that it:
- Is legally and validly used;
- Is true, accurate, and complete;
- Is not false or misleading;
- Does not infringe any person’s rights (including intellectual property rights) or privacy;
- Is not defamatory, threatening, or harassing;
- Is not obscene or pornographic, given the context;
- Where it includes or incorporates a third party’s personal information (as defined by the Privacy Act (Cth) 1988), it is de-identified before submission;
- Does not contain harmful computer programming instructions such as viruses, Trojan horses, worms, or time bombs;
- Complies with applicable laws and industry codes; and
- You either own Your Information or have sufficient rights to use it and grant us the license described below.
2. License Grant
By providing Your Information, you grant us an irrevocable, royalty-free, worldwide, transferable, and sub-licensable license to reproduce, copy, modify, publish, distribute, or otherwise use Your Information for the purposes of providing our services. This license remains in effect even if you remove Your Information, except in the following cases:
- Your Information is included in backups;
- Your Information has been lawfully copied by third parties;
- You have consented to its use beyond removal; or
- We require it for record-keeping or legal obligations.
We may, at our discretion, remove or delete Your Information if it breaches these terms.
3. Acknowledgement of Access
You acknowledge that other users may access and copy Your Information from our website, subject to the terms applicable to them.
We may seek your consent to use Your Information for purposes other than providing our services. Any additional license to use Your Information will be subject to terms agreed upon at the time of consent.
Third Party Information
1. Accuracy and Responsibility
While providers of third-party information are subject to these terms, ADG cannot ensure the accuracy or suitability of such information. You agree to indemnify and release us from liability related to any loss or damage arising from your reliance on third-party information.
2. Responsibility for Third Party Information
You are responsible for ensuring that any third-party information you rely on is correct and suitable for your purposes.
3. Use of Third Party Information
Our license to use and publish third-party information is limited to providing our services. For any other use, you must obtain permission from the provider of the third-party information.
INTELLECTUAL PROPERTY
1. Trade Marks
The ADG name and logo are trademarks owned by ADG. Except as outlined below, you have no right to use these trademarks. Nothing in these terms or on our website grants any right to use our trademarks without our prior, express written permission.
For as long as you maintain a registered user account, we grant you a license to use a copy of the ADG logo, as shown on our website, solely for embedding a hyperlink to your user account in your electronic or written communications to indicate your registration.
If your user account is suspended or terminated, this license is automatically revoked, and you must immediately cease using the ADG logo.
2. Other Intellectual Property
All other intellectual property related to our services is the sole property of ADG and its licensors. You have no right to use such intellectual property beyond what is necessary to use our services. Nothing on our website or in these terms grants any right to use our intellectual property without our prior, express written permission.
Your Information
1. Responsibility and Warranties
You are solely responsible for Your Information and warrant that it:
- Is legally and validly used;
- Is true, accurate, and complete;
- Is not false or misleading;
- Does not infringe any person’s rights (including intellectual property rights) or privacy;
- Is not defamatory, threatening, or harassing;
- Is not obscene or pornographic, given the context;
- Where it includes or incorporates a third party’s personal information (as defined by the Privacy Act (Cth) 1988), it is de-identified before submission;
- Does not contain harmful computer programming instructions such as viruses, Trojan horses, worms, or time bombs;
- Complies with applicable laws and industry codes; and
- You either own Your Information or have sufficient rights to use it and grant us the license described below.
2. License Grant
By providing Your Information, you grant us an irrevocable, royalty-free, worldwide, transferable, and sub-licensable license to reproduce, copy, modify, publish, distribute, or otherwise use Your Information for the purposes of providing our services. This license remains in effect even if you remove Your Information, except in the following cases:
- Your Information is included in backups;
- Your Information has been lawfully copied by third parties;
- You have consented to its use beyond removal; or
- We require it for record-keeping or legal obligations.
We may, at our discretion, remove or delete Your Information if it breaches these terms.
3. Acknowledgement of Access
You acknowledge that other users may access and copy Your Information from our website, subject to the terms applicable to them.
We may seek your consent to use Your Information for purposes other than providing our services. Any additional license to use Your Information will be subject to terms agreed upon at the time of consent.
Third Party Information
1. Accuracy and Responsibility
While providers of third-party information are subject to these terms, ADG cannot ensure the accuracy or suitability of such information. You agree to indemnify and release us from liability related to any loss or damage arising from your reliance on third-party information.
2. Responsibility for Third Party Information
You are responsible for ensuring that any third-party information you rely on is correct and suitable for your purposes.
3. Use of Third Party Information
Our license to use and publish third-party information is limited to providing our services. For any other use, you must obtain permission from the provider of the third-party information.
YOUR OBLIGATIONS
In using our services, you agree to comply with the following obligations:
You will:
- Keep your user account details confidential: This includes, but is not limited to, your password.
- Comply with applicable laws: This includes the laws mentioned in clause 12, the laws in your country of residence, and the laws in any country in which you access or use the services.
- Use your real name: Ensure that you use your real name in relation to the services.
- Be honest, professional, and courteous: Maintain professionalism in your use of the services and interactions with other users.
- Notify us of unauthorized use: Inform us immediately if you become aware of any unauthorized use of your username or password, or any misuse of your user account.
You will not:
- Provide incomplete or misleading information: Avoid providing false, incomplete, or misleading information, whether willfully or negligently.
- Breach applicable laws: Do not violate any laws related to your use of the services, including those mentioned in clause 12.
- Create or register a false identity: Do not create or attempt to register a user account using a false identity, whether of another person or a fabricated identity.
- Misrepresent your qualifications: Do not misrepresent your areas of practice, specialty, or previous experience.
- Misrepresent your identity: Ensure your identity is accurately represented.
- Allow unauthorized access: Do not let anyone else access your user account or provide information on your behalf.
- Act unprofessionally: Avoid acting in a harassing, abusive, obscene, inappropriate, defamatory, or otherwise unprofessional manner.
- Use information for spam: Do not collect or use information from other registered users to send spam or mass marketing communications.
- Violate intellectual property rights: Do not infringe on the intellectual property rights of others.
- Breach privacy or confidentiality: Respect the privacy and confidentiality of individuals.
- Contravene industry standards: Adhere to applicable industry or medical standards, guidelines, and codes of practice.
- Commercialize the services: Do not seek to commercialize or monetize any aspect of the services.
- Circumvent security features: Do not bypass or override any security or privacy features of the services.
- Interfere with the Website: Avoid using any device, software, action, or instruction to interfere with the proper functioning of the Website or any activities conducted on it.
OUR RIGHTS
Refusal of Service: We may refuse you the right to use the services if you provide information that is untrue, inaccurate, or incomplete.
Suspension or Termination: If we believe that you have breached these terms, we may, at our sole discretion, temporarily or permanently suspend you from the services and any associated accounts and websites.
Review of Communications: Although we are not obligated to do so, we reserve the right to review your communications on this website to ensure compliance with these terms. We will not be liable for the content of any communications you make on or via this website or for any errors or legal violations by you. We will comply with any court orders to disclose the identity of individuals making communications on or via this website.
Action for Breach: We may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account immediately if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide.
Prohibition on Creating Additional Accounts: If we suspend or terminate your access to the website, you agree not to attempt to gain access by creating an additional user account.
LIABILITY, INDEMNITIES, AND ACKNOWLEDGEMENTS
To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth):
No Medical Advice:
- You acknowledge and agree that by providing the services, we do not purport to provide any medical advice. Any content that might constitute medical advice is provided by registered users of the services, who are solely responsible for any loss or damage caused by reliance on such third-party information.
Indemnity and Release:
- We are not responsible for, and you indemnify us against and release us from, all liability for any loss or damage incurred by you or any other person as a result of your use of the services or reliance on any information made available on or through the services.
Limitation of Liability:
- In no event shall ADG be liable for any direct, indirect, special, incidental, or consequential losses or damages, including but not limited to, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any linked site, or damages resulting from the use of or reliance on the information or materials presented on this website. This applies whether based on warranty, contract, tort, or any other legal theory, even if ADG has been advised of the possibility of such damages.
Acknowledgements:
- We provide the services without any express or implied warranty.
- We do not guarantee continuous, uninterrupted, or secure access to the Website.
- You acknowledge that the internet can be an unstable and, sometimes, insecure environment and that the Website may not always be available.
- You acknowledge and accept that our services may be unavailable due to scheduled or unscheduled maintenance.
- We do not guarantee that we will detect or prevent any illegal or inappropriate use of the Website.
- We do not guarantee the preservation of any record, especially after the provision of the Website has been suspended, cancelled, or terminated, and may delete information at our sole discretion and without notice.
- We are not liable for any lost profits or any special, incidental, or consequential damages arising from exercising our discretion as outlined in these terms. To the fullest extent permitted by law, you release us from any liability for, and indemnify us against, any loss or damage related to the matters outlined in this clause.
- You agree to indemnify and hold us harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of these terms by you or the infringement by you or other users of the services using your username and password of any intellectual property or other right of any person or entity.
TERMINATION
Termination by You:
- You may terminate these terms at any time without notice by de-registering your user account. Instructions for de-registering can be found on our website.
Termination by Us:
- We may terminate these terms and de-register and remove your user account from our website and services if:
- We provide you with 30 days’ notice of our intention to terminate; or
- We believe, in our reasonable opinion, that you have breached the obligations imposed by these terms, in which case termination may occur without notice.
- We may terminate these terms and de-register and remove your user account from our website and services if:
Effect of Termination:
- Any provisions of these terms that are intended to survive termination, either expressly or by implication, will continue to apply. This includes, but is not limited to, the following clauses: 4, 5, 5(b), 5(b)(ii), 5(b)(vii), 5(b)(viii), 5(b)(ix), 5(b)(x), 5(b)(xi), 5(b)(xii), 5(b)(xiii), 6, and 10.
DISPUTE RESOLUTION
Dispute:
- If any dispute arises out of these terms (a “Dispute”), neither party may commence court or arbitration proceedings unless the parties have complied with the following procedures, except where a party seeks urgent interlocutory relief.
Notice of Dispute:
- A party claiming that a Dispute has arisen must provide written notice (a “Notice”) to the other party. The Notice should specify the nature of the Dispute.
Dispute Resolution:
- If the parties do not agree within 7 days of receiving the Notice (or any further period agreed in writing) on the following:
- The dispute resolution technique (e.g., expert determination) and procedures to be adopted;
- The timetable for all steps in the procedures;
- The selection and compensation of the independent person required for such technique,
- The parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales. The President of the Law Society of New South Wales or the President’s nominee will select the mediator and determine the mediator’s remuneration.
- If the parties do not agree within 7 days of receiving the Notice (or any further period agreed in writing) on the following:
GENERAL
Severability:
- If any provision of these terms is found to be invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions will not be affected, prejudiced, or impaired.
Force Majeure:
- Neither party shall be liable for any default due to events beyond their reasonable control, including but not limited to acts of God, war, terrorism, strike, lockout, industrial action, fire, flood, or other similar events.
Governing Law and Submission to Jurisdiction:
- These terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
- Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and the courts of appeal from them, for determining any dispute concerning these terms or the transactions contemplated by them.
- Each party waives any right to object to an action being brought in those courts, including but not limited to claims of inconvenient forum or lack of jurisdiction.
ADG Intellectual Property Right Infringement Policy
INTRODUCTION
ADG respects all individuals’ intellectual property rights and is committed to ensuring that its services and website do not infringe upon these rights. To support this, ADG requires anyone providing information to be displayed on the ADG website (“User Submitted Information”) to warrant that they have full rights to such information and that it does not infringe upon the intellectual property rights of any third party.
To facilitate this commitment, ADG has established the following complaints process. If you believe that any User Submitted Information infringes upon your intellectual property rights, please follow the procedure below for us to assess your claim.
Please be aware that, under Australian legislation, making unjustified or groundless threats of legal action for intellectual property infringement may give rise to a cause of action against you. If you have any doubts about your rights, we recommend consulting a legal professional before making a complaint.
COMPLAINT PROCEDURE
If you wish to make a complaint regarding User Submitted Information that you believe infringes on your intellectual property rights, please email us with the following details:
- Your Name:
- The Name of the Entity Whose Rights You Believe Have Been Infringed:
- If this is not you.
- The Name of the User of Our Website Who You Believe Has Infringed the Rights:
- A Description of the Relevant User Submitted Information:
- Including a screenshot, if available.
- Evidence Supporting Your Allegation:
- This should include a description of how your rights in the material originated and how the relevant user might have obtained the material.
Upon receiving a compliant that meets the above requirements, we will take the following actions:
- Removal of the Allegedly Infringing User Submitted Information:
- Note: This removal does not include immediate removal from our back-ups or from other websites that may have archived our content, such as web.archive.org.
- Notification to the Person Who Submitted the Allegedly Infringing Information:
- This notice will include the nature of the complaint but will not specifically identify the complainant unless required by law.
If you receive a notice from us under clause 2(g), you may request that the User Submitted Material be replaced on our website. While the decision to do so is at our sole discretion, we may require you to:
- Provide Conclusive Evidence:
- Confirming that you have full rights to use and submit the relevant User Submitted Information. We may share this information with the complainant for their comments on its accuracy.
- Provide a Signed Deed of Indemnity:
- Agreeing to indemnify us against any loss or damage resulting from publishing the relevant User Submitted Information on our website.
Please note that requesting compliance with these requirements or complying with them does not guarantee the republishing of any removed User Submitted Information. The final decision regarding the republishing will be at our sole discretion.
GENERAL
- Despite any provision in this policy, we reserve the right to suspend or terminate any user’s account if we believe they have breached the ADG User Terms.
- The removal of User Submitted Material from our website does not constitute an admission by us that the material infringed upon any intellectual property rights.
Inappropriate Information Policy
INTRODUCTION
ADG enforces strict rules regarding the information that may be uploaded or transmitted through this website. These rules, outlined in our Registered User Terms and Website Terms, include, but are not limited to, restrictions on uploading or transmitting information that is:
- Misleading, inaccurate, or deceptive;
- Defamatory;
- Threatening or harassing;
- Obscene or pornographic (considering the context in which the information is provided);
- Containing damaging or malicious software or computer code.
ADG is committed to removing Inappropriate Information when it is brought to our attention.
To facilitate this process, ADG has established the following complaints procedure. If you believe that any information on this website constitutes Inappropriate Information or defames you, please follow the procedure below for us to assess your claim.
Please note that under Australian legislation, making unjustified or groundless threats of legal action may result in a cause of action against you. If you have any doubts about your rights, we recommend consulting a legal professional before making a complaint.
COMPLAINT PROCEDURE
If you wish to complain about Inappropriate Information on our website, please email us with the following details:
- Your Name:
- The Name of the User Who Provided the Inappropriate Information:
- A Description of the Relevant Inappropriate Information:
- Include a screenshot where available.
- Evidence Supporting Your Allegation:
- Describe how you have been defamed or how the Inappropriate Information breaches our rules.
Upon receiving a compliant that meets the above requirements, we will:
- Assess Your Complaint:
- If appropriate, remove the alleged Inappropriate Information from our website. Note that this removal does not include immediate removal from our back-ups or from other websites that may have archived our content, such as web.archive.org.
- Notify the User Who Submitted the Inappropriate Information:
- This notice will include the nature of the complaint but will not specifically identify the complainant unless required by law.
If you receive a notice from us under clause 2(f), you may request the alleged Inappropriate Information be replaced on our website. While the decision to do so will be at our discretion, we may require you to:
- Provide Conclusive Evidence:
- Confirming that the alleged Inappropriate Information does not breach our rules. We may share this information with the complainant for their comments on its accuracy.
- Provide a Signed Deed of Indemnity:
- Agreeing to indemnify us against any loss or damage resulting from republishing the relevant Inappropriate Information on our website.
Please note that requesting compliance with these requirements or complying with them does not guarantee that the relevant Inappropriate Information will be republished on our website. The final decision regarding republishing will be at our sole discretion.
GENERAL
- Despite any provision in this policy, we reserve the right to suspend or terminate any user’s account if we believe the user has breached the ADG User Terms.
- Removing Inappropriate Information from our website does not imply that the information infringed upon any rights or laws.