THE REHABILITATION MEDICINE GROUP END USER LICENCE AGREEMENT
This end user licence agreement (Agreement) is a binding agreement between you and The Rehabilitation Medicine Group Pty Ltd (ABN 92821626190) for access to and use of our Website located at www.thermg.com.au.
For the purposes of this Agreement, the term ‘you’ means any adult person
By clicking the ‘I accept’ button or otherwise accessing or using the Website, you agree that you have read, understood and will be bound by this Agreement. If you do not agree with the terms of this Agreement, you must not access or use the Website.
The following is a summary of your key rights and obligations under this Agreement:
- We give you the right to use our Website for your own personal use and benefit.
- You must not use the Website or our intellectual property for any commercial use or gain.
- You must not do anything to the Website that is malicious or will adversely interfere with the Website in any way.
- You must be registered as a subscriber to access and use the Website
- You promise to cover all our losses if you breach this Agreement and we suffer loss.
- You promise to comply with all laws relevant to you and your access to this Website.
Grant of Licence
We grant you a limited personal, non-exclusive, non-transferable, revokable, licence (without the right to sublicence) (Licence) to use the Website by accessing and allowing it to load onto a computer, tablet, phone or other electronic device that this Agreement is displayed (Device) solely for your own personal use and uses permitted by our Subscriber (Permitted Purpose).
Restrictions of Licence
The Licence granted to you under this Agreement authorises you to use the Website solely for the Permitted Purpose and you must not use the Website for any other purpose. Without limiting the above, you must not:
- use the Website except as expressly permitted by this Agreement;
- make any copies of the Website (except for backup or archival purposes), modify, adapt, translate all or any part of the Website;
- attempt to, or permit any third party to, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website except to the extent expressly permitted by applicable law, and then only after you have notified us in writing of your intended activities; or
- use or distribute any part of the Website for commercial purposes or otherwise sub-licence, transfer, rent or resell the Website or access to the Website. You may make your own notes for your own personal use.
Use of Website
You must comply with all applicable laws of your jurisdiction in connection with your access and use of the Website; keep your Website access details including login details confidential, and not disclose them to any third party without our prior written consent; ensure your Device complies with our minimum hardware and operating requirements as notified by us from time to time.
You agree that you are, solely responsible for all your information used in connection with or submitted onto the Website such as ratings, reviews and comments (Relevant Data), including the accuracy, completeness, integrity and your right to use the Relevant Data, including rights in relation to any Intellectual Property Rights of any third party; or any personal information or sensitive information of any third party (as those terms are defined in the Privacy Act 1988 or any other applicable privacy legislation); and ensure you have all necessary rights, approvals and consents required for us to collect, use, store, copy, transfer, and modify the Relevant Data as required for the Website to be used by you for the Permitted Purpose and otherwise in accordance with this Agreement (and you indemnify us for any loss that we may suffer in connection with such activities directly relating to our use of the Relevant Data for these purposes to the maximum extent permitted by law).
Ownership
We own and retain all rights, title and interest in and to the Website and you agree you do not have any ownership of the Website or other rights in respect of the Website, including any Intellectual Property Rights, other than the Licence granted to you under this Agreement. For the purposes of this Agreement, the term Intellectual Property Rights includes all registered and unregistered patents, designs, copyright, trademarks, source code, object code, database rights, Website layout, imagery, digital books, reviews, trade secrets and any right to apply for the registration or grant of any of the above.
Support services
You acknowledge and agree that we may provide online support services to you at our sole discretion and we may notify you from time to time. Unless we agree in writing, we will not have any obligations to provide any additional support services to you in respect of the Website including (without limitation) technical support, training or maintenance services.
Updates and upgrades
You agree that we may update, upgrade, or undertake maintenance of the Website at any time (provided however that we have no obligation to provide such updates or upgrades to you pursuant to this Agreement) and vary, add, or delete functions, features and content available on the Website.
Privacy
We will comply with all relevant privacy laws in connection with your use of the Website.
You acknowledge and agree that in connection with the Licence granted to you under this Agreement, we may collect your personal information (as that term is defined in the Privacy Act 1988 (Cth) or any other applicable privacy legislation). Our privacy policy sets out our collection, use and disclosure practices in relation to personal information and can be accessed at privacy policy link
Liability
You acknowledge that we provide the Website and associated content on a best endeavours basis only, and that we expressly exclude from this Agreement all conditions, warranties, guarantees and terms which may be implied into this Agreement by statute or general law and are capable of being excluded.
Indemnity
You agree to defend, indemnify and hold us, our officers, employees and agents harmless from and against any and all liability, loss, expense (including legal fees) and claims for injury or damages arising out of the performance of this Agreement.
You are liable for, and indemnify us and each of our directors, officers, employees, agents, contractors and related bodies corporate (Indemnified Parties) and keep each of them indemnified for any damage, cost, loss, expense or liability of any kind (excluding Consequential Loss) (Loss) suffered or incurred by an Indemnified Party which arises from or in respect of any breach by you of this Agreement; or any negligent, or wilful act or omission, misconduct, dishonesty or fraud committed by you, your agents, representatives or delegates.
Notification of claims
Upon becoming aware of a fact, condition or event that constitutes or could constitute a basis for a claim against you, you agree to notify us with reasonable promptness in writing of such fact, condition or event.
Consequential loss
Notwithstanding any clause in this Agreement, neither party will be liable to the other party for any Consequential Loss, except to the extent such loss was caused or contributed by a party’s fraud, gross negligence, or breach of Intellectual Property Rights. For the purposes of this Agreement, Consequential Loss means indirect loss, loss of profits, loss or revenue, loss of savings, loss of opportunity, loss of goodwill, or any analogous loss.
Termination
You acknowledge and agree this Agreement will terminate immediately on the earlier of if applicable, the expiry or termination of the Subscription Agreement between us or any breach by you of this Agreement.
You must cease using the Website immediately on the termination of this Agreement and do all things reasonably required by us in connection with the termination of this Agreement.
Governing law
This Agreement will be governed by and construed exclusively under the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and the Federal Court of Australia.
Assignment
You may not assign or otherwise deal with any of your rights or obligations under this Agreement without our prior written consent. We may assign, novate or otherwise deal with our rights under this Agreement at any time effective immediately upon us notifying you of the assignment or novation.
Entire agreement
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties or their respective officers, employees or agents.
Relationship between parties
This Agreement does not create a relationship of employment, agency, partnership or joint venture between the parties.
Variation
We may vary the Agreement at any time and without notice. In such instance, we will publish the revised Agreement on the Website and use reasonable endeavours to provide you with notice. Any changes to the Agreement take immediate effect, and you accept the Agreement and variations by logging in or remaining on the Website.
Waiver
No failure to exercise or delay in exercising any right given by or under this Agreement to a party constitutes a waiver and the party may still exercise that right in the future.
Severability
If any provision of this Agreement is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
