Terms and Conditions
For Corporations, Institutions and Government departments or bodies
Medicine Today Online (www.medicinetoday.com.au) is owned and operated by Medicine Today Limited Pty Limited of Suite 3, 134 Military Road, Neutral Bay, NSW, 2089, Australia. (ABN 60 089 519 264) (Website).
The following terms and conditions ("Terms") are a legally binding agreement between Medicine Today Limited Pty Limited ("Medicine Today", "we", "us", "our") and the Licensee. BY ORDERING A SUBSCRIPTION TO ACCESS THIS WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MEDICINE TODAY PTY LIMITED. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT SUBSCRIBE TO THIS WEBSITE.
Medicine Today and the Licensee agree that:
2.1 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.
3.1 You agree to pay us the Subscription Fee in consideration for the supply of the Service subject to and in accordance with these Terms.
3.2 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.
4. ACCESS AND USE
4.1 The Licensee agrees that:
(a) any and all access and use of the Service by the Licensee or the Authorised Users shall be subject to and in accordance with:
(i) the Terms of Access and Use, that are available and displayed on the Website from time to time;
(ii) any legal notices displayed on the Website from time to time; and
(iii) these Terms;
(b) we may revise, replace or amend the Terms of Access and Use, from time to time, in our sole discretion;
(c) the Licensee must use its best endeavours to ensure that:
(i) only Authorised Users are able to access and use the Service by means of any computer system, network or Internet portal that is owned, operated or controlled by or on behalf of the Licensee;
(ii) any and all access and use of the Service by the Authorised Users is in accordance with these Terms;
(iii) any unauthorised access or use of the Service is immediately notified to Medicine Today; and
(iv) all reasonably necessary or desirable security measures, procedures or systems are implemented and maintained by the Licensee to enable the Licensee to comply with its obligations under these Terms;
(d) the Licensee shall not knowingly allow any person other than an Authorised User to access or use the Service;
(e) the Licensee shall provide Medicine Today or Medicine Today’s representative with any assistance reasonably necessary or desirable to enable Medicine Today to locate and stop any person accessing or using the Service, by means of any computer system, network or Internet portal that is owned, operated or controlled by or on behalf of the Licensee, in a manner that is in breach of or is inconsistent with these Terms;
(f) the Licensee shall not enter into any agreement that allows any person to access or use the Service in breach of these Terms or in a manner that is inconsistent with these Terms; and (g) the Licensee shall not sub-license the licence granted under these Terms.
4.2 You agree that you shall not, and shall use your best endeavours to ensure that Authorised users do not, make any commercial use of any or all Works accessed on the Website. In this clause 4.2, commercial use means use that is for monetary reward and includes, without limitation, use for sale, resale, loan, transfer, hire or other form of commercial use.
4.3 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 terminate, suspend, revoke or cancel the licence granted under clause 3.1.
5. INTELLECTUAL PROPERTY OWNERSHIP
5.1 The contents of this Website (including all layouts, applets, text and graphic images in this site) are the copyright of Medicine Today, unless stated otherwise and protected by Australian and international copyright law.
5.2 You agree to take do all things reasonably necessary or desirable to protect our Intellectual Property Rights, title and interest to any and all Works accessed on the Website by you or by any Authorised User.
5.3 You may not remove or alter any copyright notice, which appears in conjunction with any applets, text or graphics in this web site.
6. PERMISSION TO USE CONTENT OR MATERIALS
6.1 Subject to the terms of the licence granted to you under this Agreement, Authorised Users may access and display these pages on a computer monitor, and print out single copies of any pages in this Website for personal use non-commercial use. All other use, copying or reproduction of any part of this Website is prohibited (save to the extent authorised by law notwithstanding this provision) without permission. All other use, copying or reproduction of any part of this Website is prohibited without permission.
6.2 Intellectual property rights in certain material on, or processes used in constructing or accessing, this Website may be the property of third parties. If you seek to reproduce or otherwise use any such material or process in any manner that would involve the exercise of the rights of the intellectual property owner, it is your responsibility to obtain authorisation for that reproduction or other use from the relevant third party or parties.
6.3 All names, logos and trademarks are the property of Medicine Today, or third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of Medicine Today or the relevant contributor.
6.4 Reproduction and Communication for educational purposes
The Australian Copyright Act 1968 ("the Act") allows a maximum of 10% of the words in a digital work to be reproduced and/or communicated by any educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given remuneration notices to Copyright Agency Limited ("CAL") under the Act. For details of the CAL licence for educational institutions contact: Copyright Agency Limited, Level 15, 233 Castlereagh Street, Sydney NSW 2000 Australia, or visit http://www.copyright.com.au
6.6 Reproduction and Communication for other purposes
No further reproduction or distribution of the articles in whole or in part should proceed without the permission of the publisher. For quotations to supply multiple reprint copies of specific articles, or to seek permission to reproduce multiple copies of specific articles, contact Medicine Today. Tell us the article(s) you wish to reproduce, the number of copies required, a delivery location if required, and associated article sale or distribution charges if any.
If you wish to use the Content for any other purpose you must first purchase a licence from Medicine Today that permits that form of use.
7. WARRANTY AND LIABILITY
7.1 The Licensee warrants that the Subscription Fee paid or to be paid by the Licensee to Medicine Today is the correct Subscription Fee that applies to the Licensee. For the sake of certainty, the correct Subscription Fee is the aggregate value of the subscription to Medicine Today based on the following:
(a) the subscription price guide that we publish, from time to time, on the Website; (b) the nature of the Licensee;
(c) the aggregate number of employees, students or persons who are, or
become, Authorised Users under these Terms; and
(d) the duration of the licence sought by the Licensee.
7.2 The Licensee represents and warrants that the Licensee has truly and accurately disclosed to Medicine Today the number of persons who are:
(a) employed by or directly associated with;
(b) authorised, permitted or able to access the Service by or on behalf of;
(c) enrolled as students with, the Licensee, as the case may be, so that the correct Subscription Fee that applies to the Licensee may be accurately determined.
7.3 The Licensee and Medicine Today agree that, to the fullest extent permitted by law:
(a) the Website (including documents, articles, publications and any other materials) are provided on an as is basis without any warranties of any kind;
(b) Medicine Today, to the fullest extent permitted by law, disclaim all warranties relating to the Service; and
(c) we do not warrant or guarantee the accuracy, completeness, merchantability, or fitness for purpose of the Service, the Website or any materials, articles, publications or documents on the Website.
7.4 We do not make any representations or warranties that the Service will be uninterrupted or error free.
7.5 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 re-supply of those services or the payment of the cost of having those services resupplied;
(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. 7.6 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 7.5 or the aggregate amounts paid by you in respect of those goods or services to us.
8.1 The Licensee agrees to indemnify, defend and hold the Publisher harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against the Publisher related to or in any way connected with any use of the Licensed Materials by the Licensee or Authorised Users or any failure by the Licensee to perform its obligations in relation to this Licence, provided that nothing in this Licence shall make the Licensee liable for breach of the terms of the Licence by any Authorised User provided that the Licensee did not cause, knowingly assist or condone the continuation of such breach to continue after becoming aware of an actual breach having occurred.
8.2 This indemnity shall survive the termination of this Agreement.
9.1 We may immediately terminate these Terms if:
(a) you fail or refuse to make, or Medicine Today 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 or an Authorised User breaches any term or condition of these Terms and fails to remedy such breach to our satisfaction within seven (7) days of notification from us.
9.2 On termination of these Terms:
(a) the licence granted under clause 3.2 is immediately revoked;
(b) you must not access or attempt to access the Subscribers’ Section of the Website;
(c) you must use your best endeavours to ensure that the Authorised Users do not access or attempt to access the Subscribers’ Section of the Website; and
(d) we may immediately deny any or all of the Authorised Users 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 supersedes 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 Medicine Today.
10.3 These Terms shall be governed by and construed in accordance with the laws for the time being in force 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. DEFINITIONS AND INTERPRETATION
11.1 In these Terms:
"Authorised User" has the meaning given to that expression in clause 11.3;
"Medicine Today" means an electronic version of Medicine Today;
"Intellectual Property Rights" means any intellectual property and industrial property rights of Medicine Today 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 defined in Article 2 of the World Intellectual Property Organisation Convention of 1967;
"Licensee", "you" or "your" means the Person / Entity who pays the Subscription Fee to Medicine Today and purchases the licence granted under clause 3.2;
"On-line access" means accessible by means of an Internet portal or link;
"Service" means the provision by Medicine Today, on your payment in full of the Subscription Fee, of On-line access to part of the Medicine Today 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 Medicine Today;
"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 Medicine Today that you select from the subscription price guide for Medicine Today 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 or on the number of editions of the Medicine Today you wish to access using the Service, as the case may be;
"Terms of Access and Use" means the terms and conditions, published by or on behalf of and at the sole discretion of Medicine Today, from time to time, on which you may access and use the Website;
"Website" means the Medicine Today website on the World Wide Web;
"Works" means any documents, articles, editions, compilations, works or any other materials whatsoever; and
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.
11.3 In these Terms:
(a) in the event that the Licensee is a corporation, "Authorised User" means any: (i) employee;
(ii) officer; or
(iii) director, of the Licensee;
(b) in the event that the Licensee is a university or educational institution established by an act of the Parliament of a State or Territory or by the Commonwealth of Australia, "Authorised User" means any:
(i) employee of;
(ii) staff member of;
(iii) officer of;
(iv) director of;
(v) person holding an academic position with;
(vi) student duly enrolled with; or
(vii) person who has been duly granted access to academic resources including, without limitation, library resources by, the Licensee; and
(c) in the event that the Licensee is a body or department of a State or Territory or the Commonwealth of Australia, "Authorised User" means any:
(ii) officer, or office holder; (iii) director; or
(iv) minister, of the Licensee.