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TERMS & CONDITIONS
AGREEMENT BETWEEN USER AND GLOBAL HEALTH
The Product(s) and/or Service(s) comprise any or all products and services owned or operated by Global Health Pty Ltd ("Global Health"). The Product(s) and/or Service(s) are offered to you conditional upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Product(s) and/or Service(s) constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Except where provided for by binding agreement, Global Health reserves the right to change the terms, conditions, and notices under which the Product(s) and/or Service(s) are offered, including but not limited to the charges associated with the use of the Product(s) and/or Service(s).
LINKS TO THIRD PARTY SITES
The Product(s) and/or Service(s) may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Global Health and Global Health is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Global Health is not responsible for web casting or any other form of transmission received from any Linked Site. Global Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Global Health of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Product(s) and/or Service(s), you warrant to Global Health that you will not use the Product(s) and/or Service(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Product(s) and/or Service(s) in any manner which could damage, disable, overburden, or impair the Product(s) and/or Service(s) or interfere with any other party's use and enjoyment of the Product(s) and/or Service(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Product(s) and/or Service(s)s.
USE OF COMMUNICATION SERVICES
The Product(s) and/or Service(s) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. • Upload data or files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. • Upload data or files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. • Conduct or forward surveys, contests, pyramid schemes or chain letters. • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. • Restrict or inhibit any other user from using and enjoying the Communication Services. • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. • Harvest or otherwise collect information about others, including e-mail addresses, without their consent. • Violate any applicable laws or regulations. Global Health has no obligation to monitor the Communication Services. However, Global Health reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Global Health reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Global Health reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Global Health's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Global Health does not control or endorse the content, messages or information found in any Communication Service and, therefore, Global Health specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Global Health spokespersons, and their views do not necessarily reflect those of Global Health. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
USE OF DATA AND/OR PERSONAL INFORMATION
As a condition of your use of the Product(s) and/or Service(s), you acknowledge that the data which you enter, transmit or use via the Product(s) and/or Service(s) may constitute personal or sensitive information as defined in the Privacy Act 1988 (Cth) and you warrant to Global Health that you will comply with all the requirements set out in the Privacy Act 1988 (Cth) including but not limited to the National Privacy Principles currently in force, concerning all data and/or personal information you enter, transmit or use in connection with the Product(s) and/or Service(s) and that you have in place adequate security systems and procedures to prevent any disclosure to non-authorised personnel. You further warrant that you will indemnify Global Health for any breach of this obligation and for any breach of any licensing agreements between you and any third party software providers in the sharing or transmission of data or personal information arising from any interfacing or interoperation between the Product(s) and/or Service(s) and third party software or applications. Global Health warrants that it complies with the requirements of the Privacy Act 1988 (Cth) including the National Privacy Principles, in relation to the handling of the data you enter into the Product(s) and or Service(s).
MATERIALS PROVIDED TO GLOBAL HEALTH
Global Health does not claim ownership of the materials you provide to Global Health (including feedback and suggestions) or post, upload, input or submit to the Product(s) and/or Service(s) or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your feedback and suggestions you are granting Global Health, its related companies and its sub licensees permission to use your feedback and suggestions in connection with the operation of their Internet businesses. No compensation will be paid with respect to the use of your feedback and suggestions, as provided herein. Global Health is under no obligation to post or use any feedback and suggestions you may provide and may remove the same at any time in Global Health's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Product(s) and/or Service(s) may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Global Health and/or its suppliers may make improvements and/or changes in the Product(s) and/or Service(s) at any time. Advice received via the Global Health web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Global Health and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Global Health web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Global Health and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Global Health and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Product(s) and/or Service(s), with the delay or inability to use the Product(s) and/or Service(s) or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Product(s) and/or Service(s), or otherwise arising out of the use of the Product(s) and/or Service(s), whether based on contract, tort, negligence, strict liability or otherwise, even if Global Health or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation will only apply to you to the maximum extent permitted by the applicable law in the relevant jurisdiction. If you are dissatisfied with any portion of the Product(s) and/or Service(s), or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Product(s) and/or Service(s).
TERMINATION/ACCESS RESTRICTION
Global Health reserves the right, in its sole discretion, to terminate your access to the Product(s) and/or Service(s) and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of Victoria, Australia and you hereby submit to the non-exclusive jurisdiction and venue of courts in Victoria, Australia, in all disputes arising out of or relating to the use of the Product(s) and/or Service(s). Use of the Product(s) and/or Service(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Global Health as a result of this agreement or use of the Product(s) and/or Service(s).
Global Health's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Global Health's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Product(s) and/or Service(s) or information provided to or gathered by Global Health with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Global Health with respect to the Product(s) and/or Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Global Health with respect to the Product(s) and/or Service(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Product(s) and/or Service(s) are owned by or licensed to Global Health and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
SPECIAL TERMS AND CONDITIONS
Where any term or condition contained herein conflicts with the terms and conditions of any specific corporate agreement between Global Health and another party, the terms and conditions of the specific agreement shall take precedence.
Any rights not expressly granted herein are reserved.
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