TERMS OF USE & SERVICE

  1. GENERAL

    1. The following Terms of Use and Service apply to the products and services provided by Journalmate Pty Ltd (ACN 609 397 604).

    2. In this document, the words “the Service” refer to http://journalmate.com and the Journalmate Software Application, and “we”, “our”, “us” and “Journalmate” refers to Journalmate Pty Ltd (ACN 609 397 604), the operator of the Service and all of its related entities. This Terms of Use and Service Document applies to and should be read in conjunction with the Privacy Policy (collectively, the ‘Agreement’), which is available on http://journalmate.com.

    3. By using or accessing the Service, you (“you”) agree to all the terms and conditions of the Agreement, and if you do not agree to all the terms and conditions of the Agreement you should not and are not permitted to use the Service.

  2. MODIFICATIONS TO THE AGREEMENT

    1. Journalmate reserves the right in its sole discretion, to modify the Agreement at any time by posting a revised Agreement to the Service and notifying you of this event. Please carefully read the Terms of Use & Service. If you do not agree to any change to the Terms of Use & Service then you must immediately stop using the Service.

    2. Modifications are effected when posted, and your use of the Service following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

  3. SERVICES OFFERED

    1. The Service is a system which facilitates research, education and communication amongst and between professionals within an industry or industry grouping.

    2. The Service is not a publisher of research.

    3. The Service may also facilitate transactions between you and third party service providers. You may in your absolute discretion choose to enter into a transaction with any such third party via the Service.

    4. We may offer other services through the Service from time to time.

  4. NOT A SOURCE OF PROFESSIONAL ADVICE OR MEDICAL ADVICE

    1. The contents of the Service, such as text, graphics, images, information obtained from Journalmate’s partners, and other material appearing on the Service are for informational purposes only.

    2. Content that appears on the Service is not intended to be a substitute for professional advice, or medical diagnosis, or treatment. Always seek the advice of a professional, or your medical physician or other qualified health provider with any questions you may have.

    3. The Service is primarily an educational tool and is not intended to serve the following needs:

      1. as a diagnostic service;

      2. as a confirmatory service to provide certainty in diagnosis;

      3. to select, guide, or promote therapy of medical conditions;

      4. for use in hazardous or mission-critical circumstances or for uses requiring fail-safe performance; or

      5. in situations where failure could lead to death or personal injury (collectively, “unauthorized purposes”).

    4. The Service has not been designed, intended, or authorized for these purposes, you agree to not use the Service for such purposes or under such circumstances.

    5. You acknowledge that the use of the Service for such unauthorized purposes may constitute a violation of laws applicable to the provision of professional and medical services.

  5. PRIVACY

    1. Any information you provide to us, either intentionally or incidentally, via the Service is subject to our Privacy Policy, which governs our collection and use of your information. You agree that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

    2. You consent to the disclosure of your information, and agree that Privacy Principle 8.1 of the Australian Privacy Policies will not apply to any disclosure of your information to third parties who are not in Australia.

    3. We collect personal information about you in order to process your registration and provide you with services and for purposes otherwise set out in our Privacy Policy.

    4. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you.

    5. We may also disclose your personal information to recipients that are located outside of Australia.

  6. ACCOUNT CREATION

    1. In order to use the Service you will be required to provide your personal details. In particular, you must provide a real name, phone number, e-mail address and other requested information as indicated. You will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

    2. All information provided to us must:

      1. be accurate and correct to the best of your knowledge; and

      2. not infringe on the rights of any third parties, including but not limited to, content that infringes on privacy rights or intellectual property rights, such as copyright and trademark rights.

    3. Upon successful completion of the sign up process, we will provide you with an account, accessible for you by a password of your choice.

    4. When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

  7. LIMITATIONS OF USE

    1. You may not do any of the following while accessing or using the Service:

      1. access, tamper with, or use non-public areas of the Service, or the computer or delivery systems of the Service and/or its service providers;

      2. probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;

      3. access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Journalmate (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Journalmate;

      4. scrape the Service, and particularly scrape Content (as defined below) from the Service, without the express prior written consent of Journalmate;

      5. use the Service to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or

      6. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Service, or by scripted use of the Service in such a manner as to interfere with or create an undue burden on the Service.

      7. take any action that may undermine the feedback or ratings systems used on the Service.

  8. INTELLECTUAL PROPERTY

    1. Definitions:

      1. Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Service.
    2. You may submit Content to the Service. You understand that Journalmate does not guarantee any confidentiality with respect to any Content you submit.

    3. You agree to be solely responsible for Content uploaded by you, and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.

    4. For Content uploaded by you, or given to us, for use on the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license for its use.

    5. You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Journalmate all of the license rights granted herein.

    6. This website contains material which is owned by or licensed to Journalmate. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

    7. Reproduction of any Content that appears on the Service is prohibited.

    8. Unless otherwise indicated, all materials on the Service, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. Except as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Journalmate.

    9. Any other use of materials on this website, including reproduction for purpose other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Journalmate is strictly prohibited.

  9. APPLICABLE LAW AND JURISDICTION

    1. Your use of the Service is governed in all respects by the laws of the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any legal proceeding directly or indirectly arising out of or relating to the Service (including but not limited to the purchase of Journalmate products).
  10. PAYMENT

    1. Use of and access to the Service may be subject to a fee payable to us for use of the Service, as varied from time to time (“Subscription Fee”).

    2. Access to specific elements or secondary services of the Service may also be subject to a fee (“Other Fees”).

    3. The Subscription Fee and Other Fees are payable in advance and are not refundable or partially refundable, except as required under the Competition and Consumer Act 2010.

    4. Prices may be displayed in different currencies and are based on current exchange rates however, all transactions will be processed in Australian Dollars.

  11. DISCLAIMER

    1. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

    2. Journalmate shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the purchase of Journalmate products from the Service.

    3. The Service may contain links to other websites, applications or services. Journalmate is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites, applications or services. Any link to another website, applications or service, and reference to third-party information, products or services linked to the Service, is not, and should not be construed as, an express or implied endorsement by Journalmate. Any questions or comments relating to such other websites, applications or services should be addressed to the operator or operators of those websites, applications or services.

    4. The Services may contain content, imagery, text and other media generated by users of the Service. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

    5. Every effort is made to ensure the efficient operation of the Service. However, Journalmate takes no responsibility, and will not be liable for the Service becoming temporarily unavailable as the result of a scheduled outage, or in the instance of technical issues or any problems arising from technical or other associated issues beyond our control.

    6. You release, waive, discharge and indemnify the Service, its directors, and all persons acting under its permission or authority from and against any and all claims arising out of or related to any loss, costs, damage, prosecution, financial liability, or injury, including death, that may be sustained by you, or to any property belonging to you, while participating in any activity arising out of or related to your use of the Service.

    7. The Service may contain errors and inaccuracies and we reserve the right to correct any errors or inaccuracies and to update information at any time without any notice.

    8. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

    9. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

    10. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.

  12. RESTRICTIONS AND TERMINATION

    1. We may, in our abolute discretion, refuse service to any person or entity.

    2. We may, in our abolute discretion and with immediate effect, terminate this Agreement and remove you from the Service.

    3. We may, without notice to you and in our sole discretion, issue you a warning, restrict your activities through the service, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

      1. you have, or we believe that you have, breached this Agreement;

      2. we are unable to verify or authenticate any information you provide to us;

      3. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents;

      4. if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

  13. OTHER MATTERS

    1. Failure or omission by us at any time to enforce or require strict or timely compliance with any provision of this agreement will not affect or impair that provision, or the right of the Service to avail itself of the remedies it may have in respect of any breach of a provision, in any way.