[effective 9 February 2012]
Set out below are the terms and conditions on which the principals of PRN Consulting (“PRN Consulting”) make available to you access to the website at www.prnconsulting.com.au (“Website”) and the pages, newsletters, publications, presentations, information, resources and services accessible from the Website, including material able to be downloaded from the Website (collectively “Content”).
Each time you access the Website and any Content, you accept these terms and conditions as binding on you (hereafter “You”, including anyone with express or implied authority to act on Your behalf).
1. Agreement. Your agreement with PRN Consultingincludes these terms and conditions, as updated from time to time, and any other terms, conditions, notices and disclaimers set out on the Website or Content. Any amendments to these terms and conditions take immediate effect from the time and date on which they are first published on the Website. It is Your responsibility check regularly for any amendments.
2. Intellectual Property. All intellectual property rights (including all statutory, common law or equitable rights in relation to copyright, trade marks, designs, patents, trade secrets or confidential information, and whether registered, registrable or otherwise) embodied in or relating to the Website and its Content remain the property of PRN Consulting and its third party licensors. Nothing in this agreement affects such intellectual property rights nor effects any transfer of any part of them.
3. Security. You acknowledge that some Contentmay only be made available to You through registration of a password issued by PRN Consulting (“Restricted Content”). You must not seek to access Restricted Content unless and until PRN Consulting has issued a password to You. Upon the receipt of a password to access Restricted Content, you must take all reasonable steps to preserve the secrecy of that password, and not share that password with other parties save as authorised by PRN Consulting.
4. Licence. To the extent that PRN Consulting authorises you to access Content (including Restricted Content), PRN Consulting grants to you a non-exclusive, revocable licence to use that Content for your own personal non-profit educational purposes only. You must not sub-license, reproduce, modify, adapt, publish or otherwise make available to third parties any part of Content to which You have access without PRN Consulting’s prior written consent.
6. Hyperlinks. The Website and Content may contain hyperlinks to third party websites not under the control of PRN Consulting. You agree that PRN Consulting makes no representation as to the accuracy, quality, accessibility or safety of such third party websites, and that Your use of any such hyperlinks is entirely at Your own risk.
7. Disclaimer. PRN Consulting makes all reasonable efforts to ensure that the Content presented on the Website is accurate, up-to-date and based on current medical knowledge and practice as at the date of publication. You agree that all Content is provided as a general guide only and is not intended to avoid the necessity for individual training and competence on the part of the intended audience, nor eliminate the need to conduct individual examination and assessment of appropriate courses of treatment on a case-by-case basis. You acknowledge that nothing in the Website or in Content constitutes medical advice specific to any individual patient.
Unless otherwise stated, prescribing information set out on the Website is shown for the Australian context only.
8. Warranties. You acknowledge and agree that the Website and Content is provided “as is” without representation or warranty, whether express or implied. To the maximum extent permitted by law, PRN Consulting expressly disclaims all warranties and representations, express or implied, including those as to quality, merchantability, or fitness for a particular purpose and those arising by statute.
To the extent that PRN Consulting is able to do so, PRN Consulting on its own behalf and on behalf of its officers and employees expressly limit their liability for breach of any non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is at PRN Consulting’s sole discretion):
a. in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
b. in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
PRN Consulting does not guarantee that Your access to the Website or Content will be uninterrupted, error-free or secure, and to the maximum extent permitted by law gives no warranty about the availability of its Website, services or Content.
9. Limitation of liability. You agree thatPRN Consulting and its officers and employees shall not be responsible for any eventualities arising from the use of, or reliance on, the information contained on, or referred to in, the Website or Content. You agree that Your use of the Website and Content is entirely at Your own risk, and that PRN Consulting and its officers and employees are not responsible for any errors or omissions contained in the Website or Content.
You agree that PRN Consulting and its officers and employees are not liable in connection with this agreement or the Website for any liability for consequential losses, lost profits, lost opportunity, loss of goodwill or any other direct and indirect losses of any kind, whether arising under a claim for breach of contract, tort, contravention of trade practices legislation or otherwise, even if You have advised PRN Consulting or it could reasonably foresee the possibility of any such damage occurring.
If notwithstanding the terms of this agreement, PRN Consulting is found to be liable to You or any third party in any way in relation to the Website or its Content, whether that liability arises under contract, tort, negligence, statute or otherwise, then You agree that PRN Consulting’s liability is limited to the amount of $1000 in the aggregate for all such liability.
10. General matters. This Agreement represents the entire agreement between You and PRN Consulting, and supersedes all prior agreements and representations. You acknowledge and agree that in entering into this agreement, or in using the Website or Content in any way, You have not relied upon any representation made by PRN Consulting.
If PRN Consulting does not immediately enforce a provision of this Agreement, this does not amount to a waiver of PRN Consulting’s right to do so at a later date.
PRN Consulting can assign its rights under this agreement in its absolute discretion.
Where a clause of this agreement is void, illegal or unenforceable and its severance would not fundamentally alter the character of the bargain struck between the parties, it may be severed without affecting the enforceability of the other provisions in this agreement.
This agreement shall be construed in accordance with and governed by the laws in force in the State of Victoria, and You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.