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 Terms and Conditions

By clicking to accept or agree to these Terms and Conditions, where this option is made available to you, or by installing, downloading, accessing or otherwise using the Widget Store, you agree to be bound by these Terms and Conditions.

You represent and warrant to HCN that you have the authority to act on behalf of your employer or other entity and to bind your employer or such other entity to the terms of these Terms and Conditions. If you do not have such authority or if you DO NOT agree to the terms of these Terms and Conditions, then you MUST NOT use the Widget Store.

Except as expressly stated, HCN makes no representation about the Widget Store and Widgets and suitability for any purpose of the Widget Store and Widgets. It is provided ‘as is’ without express or implied warranty of any kind.

HCN does not warrant that the use of the Widget Store will be uninterrupted or error free.

 

Health Communication Network Limited ABN 76 068 458 515 (HCN) makes the Widget Store available subject to the following Terms and Conditions.

 

1. User Registration

 

1.1 Before you can access the Widget Store, you must agree to these Terms and Conditions, which include the terms in the click box above, (User Registration).

 
1.2 You represent and warrant to HCN that you have or you are acting on behalf of a person or entity that has a current Medical Director subscription.

 
1.3 After you successfully complete User Registration, HCN will allow you to access the Widget Store and obtain software applications for the HCN Sidebar (Widgets).

 

2. Widgets

 

2.1 The Widgets made available to you through the Widget Store are licensed, not sold, to you. Each Widget has either been developed, and will be licensed to you, by HCN (HCN Widgets) or developed, and will be licensed to you by a third party developer (Third Party Widgets). The category of each Widget will be specified within the Widget Store.

 
2.2 Where you acquire a licence to use a HCN Widget, your licence to use that HCN Widget is subject to the end user licence agreement for that particular HCN Widget between you and HCN.

 
2.3 Where you acquire a licence to use a Third Party Widget, HCN is acting as the agent of the relevant third party developer and is not a party to the end user licence agreement for that particular Widget which is between you and the third party developer. The third party developer is solely responsible for the Third Party Widget, including any warranties and support in respect of the Third Party Widget and any claims that you or any other party may have relating to that Third Party Widget.

 
2.4 You acknowledge and agree that each end user licence agreement between you and a third party developer in respect of a Widget is for the benefit of the third party developer and HCN and in addition to the relevant third party developer, HCN may, on the same basis as the third party developer, have the right to enforce such end user licence agreement against you despite not being a party to such agreement.

 

3. Your use of the Widget Store

 

3.1 The Widget Store is available to you only in Australia, you agree not to use or attempt to use the Widget Store outside Australia.

 

3.2 It is a condition of your use of the Widget Store that you do not:

  1. restrict or inhibit any other user from using and enjoying the Widget Store;
  2. post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
  3. post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade mark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
  4. post or transmit any information, software or other material that contains a virus or other harmful component; or
  5. post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising,

 

and you agree to pay HCN on demand the amount of any losses, costs, damages, expenses and other liabilities suffered or incurred by HCN, its related bodies corporate or their respective officers, directors or employees arising out of or in connection with a breach by you of this clause 3.2.

 

3.3 You are responsible for:

  1. selecting and acquiring appropriate computer hardware, software and internet access to enable you to use the Widget Store; and
  2. implementing appropriate security measures on your local computer system including, without limitation, maintaining a virus scanner with up to date virus definitions.

 

4. Suspension or deletion of your account

 

HCN may from time to time and without notice or liability to you:

  1. lock, suspend or delete your account or access to the Widget Store at any time without prior notice to you; or
  2. cease providing the Widget Store or any other service that may be available through the Widget Store at any time,

 

for any reason, which without limitation includes the following circumstances:

 

  1. upon the occurrence of an event that is beyond HCN's control, for example an explosion, natural disaster, earthquake, war, act of God or any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency; or
  2. if you fail to comply with any of these Terms and Conditions until the breach (if capable of remedy) is remedied; or
  3. your Medical Director/Pracsoft subscription agreement expires or is terminated.

 

5. Security

 

5.1 You must:

  1. ensure that your login and password for the Widget Store are kept in a safe and secure manner; and
  2. notify HCN immediately if you become aware that there is or has been any unauthorised use of your login and password or any other security breach relating to your account on the Widget Store.

 

5.2 You are responsible and liable for any person that uses your login and password to gain access to the Widget Store.

 

6. Payments

 

6.1 HCN accepts payment for Widgets by Visa or Mastercard only.

 
6.2 The licence fee for each Widget which is specified in the Widget Store is expressed to be inclusive of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) (GST) and each such amount includes an amount equal to the GST payable in respect of the supply to which the amount relates.

 
6.3 For each licence to use a Widget that you acquire through the Widget Store, HCN will invoice you the amounts and in the manner specified in the relevant end user licence agreement for that Widget. Where such Widget is a Third Party Widget, HCN will invoice you as agent for the relevant third party developer.

 

7. Use of information by HCN

 

7.1 You acknowledge that HCN collects information for the purpose of contacting you regarding the Widget Store, processing payments for purchases that you make using the Widget Store and for any ancillary purpose.

 
7.2 HCN will collect, use and disclose any personal information collected by it during User Registration or through the Widget Store in accordance with the Privacy Act 1988 (Cth) and HCN's Privacy Policy located at http://www.hcn.com.au. By agreeing to these Terms and Conditions you consent (for the purposes of the Privacy Act 1988 (Cth) and any other applicable legislation) and will procure the relevant consent of any third parties, to HCN collecting, using and disclosing this information in accordance with these Terms and Conditions and HCN's Privacy Policy.

 
7.3 You acknowledge that HCN may monitor your access and use of the Widget Store.

 

8. Intellectual Property

 

8.1 All information, text, material, graphics, software and advertisements within the Widget Store (other than any information, text, material, graphics, software and advertisements within a Third Party Widget) (HCN Content) and all parts thereof are the intellectual property of HCN, its suppliers, sponsors and/or licensors unless expressly indicated otherwise in the Widget Store. The HCN Content is protected by Australian and international copyright and trade mark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the HCN Content in any way except as expressly provided for within these Terms and Conditions or expressly authorised in writing by HCN.

 
8.2 You may store a reproduction of the HCN Content on your local computer for the sole purpose of viewing the Widget Store but not for any other use, including commercial use.

 
8.3 The Widget Store contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Widget Store or HCN's name or the names of HCN's related bodies corporate without HCN's prior written consent.

 
8.4 You grant to HCN a perpetual, irrevocable, licence to use, modify and adapt all information submitted by you using the Widget Store. In particular, HCN may include any such material, including Widget reviews, comments and feedback in its databases and other computer systems and use or modify such material in connection with the operation of the business of HCN. HCN may sublicense the rights granted to it under this clause 8.4.

 

9. Disclaimer

 

9.1 You acknowledge and agree that the HCN Content and any information, text, material, graphics, software and advertisements within a Third Party Widget (together, the Content) does not constitute professional medical or healthcare advice, diagnosis or recommendation of treatment and is not intended to, nor should be used to, replace professional medical advice. In no circumstances should the Content be relied upon without independent consideration and confirmation by a qualified medical practitioner.

 
9.2 HCN makes no representations or warranties with respect to any treatment, action, suitability or application of medication or preparation by any person whether in accordance with the Content or not. In no circumstances will HCN be liable for any direct, indirect, consequential, special, exemplary or other damages arising therefrom.

 
9.3 Subject to law, HCN excludes all implied terms and warranties whether statutory or otherwise, relating to the Widget Store and the Content. You acknowledge that the Widget Store and the Content are provided “as is” and in particular, HCN does not warrant that:

 
  1. the Widget Store or the Content will be error-free;
  2. your use of the Widget Store will be uninterrupted;
  3. the Widget Store and the Content are suitable for any purpose; or
  4. the Widget Store and the Content will not contain material which you may deem offensive, indecent or objectionable.

 

9.4 HCN may change, suspend, remove or disable access to any Widget at any time without notice to you.

 

10. Liability

 

10.1 Other than as set out in this clause 10 and to the extent permitted by law:

 

  1. any condition or warranty which would otherwise be implied in this Agreement whether by statute or otherwise is excluded; and
  2. under no circumstances will HCN be liable for any loss, damage or injury (including without limitation any loss of profits, indirect, incidental or consequential loss, damage or injury) arising from the supply or use of the Widget Store, any Widgets or the Content, any failure by HCN to perform any obligation or observe any term of these Terms and Conditions or any loss of data which you may suffer in connection with use of the Widget Store, any Widgets or the Content. HCN shall not be liable in any circumstances whatsoever for any failure to perform any obligations to be performed by HCN where such failure is due to any cause beyond the reasonable control of HCN.

 

10.2 To the extent permitted by law and subject to clause 10.3, HCN's liability to you for any non-compliance with a statutory guarantee or loss or damage arising out of or in connection with the supply of goods or services under these Terms and Conditions or any breach by HCN of these Terms and Conditions however arising (whether for breach of a term or terms of these Terms and Conditions, tort (including negligence), statute, custom, law or on any other basis) is limited to:

 
    1. in the case of services, at the option of HCN:

i.  the resupply of the services; or

ii. the payment of the cost of resupply; and

 

b. in the case of goods, at the option of HCN:

i. the replacement of the goods or the supply of equivalent goods;

ii. the repair of the goods;

iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv. the payment of the cost of having the goods repaired

 

10.3 Clause 10.2 is not intended to have the effect of excluding, restricting or modifying:

      1. the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (ACL);
      2. the exercise of a right conferred by such a provision; or
      3. any liability of HCN in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

 

11. Termination

 

11.1 Without limiting HCN's rights under clause 4, HCN may terminate these Terms and Conditions with immediate effect for any reason.

 

11.2 You may stop using the Widget Store at any time and for any reason.

 

12. General

 

12.1 The Widget Store may contain links to external websites that are not operated by HCN or its related bodies corporate. These links are provided for your convenience only and you agree that:

 
      1. HCN gives no warranty in respect of, nor does it have any responsibility or liability for, those websites; and
      2. these links do not indicate, expressly or impliedly, that HCN endorses the site or the products or services that are provided at those sites.

 

You agree that the access and use the information and data made available at those websites is solely at your own risk.

 

12.2 HCN may update these Terms and Conditions at any time. If these Terms and Conditions are updated, you will be notified when you next log in to the Widget Store and you will have an opportunity to review and print the updated Terms and Conditions. By continuing to use the Widget Store after the Terms and Conditions have been updated, you:

 
      1. agree to be bound by the changes to these Terms and Conditions; and
      2. acknowledge that such updated Terms and Conditions take precedence over any earlier versions of the Terms and Conditions.

 

12.3 These Terms and Conditions are governed by the laws of New South Wales.