TERMS OF USE-SITES
This Site is owned and operated by Healthcare Australia Pty Ltd trading
as Medic Oncall by Healthcare Australia (the Company). Use of this
website, mobile applications and other services (collectively the “Site”)
is subject to these Terms of Use-Sites. By accessing these Sites you
agree to be bound by and to comply with these Terms of Use-Sites.
We are not liable to you or anyone else for any Loss that you or any
other person may incur in connection with the use of these Sites or a
Linked Website. This general disclaimer is not restricted or modified by
any of the following specific warnings or disclaimers. These are the
current Terms of Use-Sites. They replace any other terms of use for any
Company Site published on these Sites to date. The Company may at
any time amend these Terms of Use-Sites by publishing the amended
Terms of Use-Sites on these Sites. You accept that by doing this, we
have provided you with sufficient notice of the amendment.
Definitions
In these Terms of Use-Sites, certain words (particularly capitalised
ones) may have special meanings. If they do, these special meanings
are set out in this “Definitions” section.
In these Terms of Use-Sites
• “Loss” means any loss or damage and legal costs on a solicitor
client basis, however caused either directly or indirectly and
includes loss of profits, anticipated savings, lost opportunity,
revenue, goodwill or other economic, punitive or consequential loss
or damage or for damages for any indirect, incidental,
consequential loss which you or any other person may suffer
however caused.
• “Linked Websites” means websites of people or organisations
other than the Company, which are hyperlinked from this Website.
• “The Company” means Healthcare Australia Pty Ltd trading as
Medic Oncall by Healthcare Australia or any other entity in the
group of companies, and includes any of the directors and
employees of the Company or any of its affiliates or any other
person contributing to these Sites.
• “This Site(s) “means the whole or any part of the web pages and
functionality located at www.mediconcall.com.au (including the
layout of this Website and the Application (MOCApp); individual
elements of the Sites design; underlying code elements of the
Sites; or text, sounds, graphics, animated elements or any other
content of these Sites).
• “we” and “us” refer to the Company, and “our” has a similar
meaning.
Disclaimer of liability
The Company shall not be liable to you or anyone else for any Loss in
connection with use of these Sites or a Linked
Website or use of, or reliance on, information or software application(s)
contained on, and/or accessed through these Sites or a Linked
Website.
This general disclaimer is not restricted or modified by any of the
following specific warnings and disclaimers. In no event shall the
Company and/or its directors, employees and suppliers be liable for
any direct, indirect, punitive, incidental, special or consequential
damages arising out of, or in any way connected with the use of these
Sites. This does not attempt to exclude liability in relation to those
warranties implied by law which cannot be excluded restricted or
modified.
Specific warnings and disclaimers
You must ensure that your access to these Sites is not illegal or
prohibited by laws, which apply to you or in your location. We are not
liable to you or anyone else if interference with or damage to your
computer systems and devices occurs in connection with use of these
Sites or a Linked Website. You must take your own precautions to
ensure that whatever you select for your use from these Sites is free of
viruses or anything else that may interfere with or damage the
operations of your computer systems and devices. We do not warrant
that your access to these Sites will be uninterrupted or error free or that
any defects will be corrected. While we have made every effort to
ensure that the information or any software application contained on
or accessed through our Sites is free from error, we do not warrant the
accuracy, adequacy, completeness or fitness for any purpose of this
information or software application.
In addition, we may, from time to time, change or add to these Sites
(including these Terms of Use-Sites) or the information, products or
services contained therein without notice. However, we do not
undertake to keep these Sites updated. We are not liable to you or
anyone else if errors occur in the information on these Sites or if that
information is not up-to-date. If you are dissatisfied with the website,
with any content on the website or with these terms and conditions
then your sole and exclusive remedy is to discontinue using the
website.
Copyright
These Sites are our copyright property and copyright in the material on
these Sites is owned or licensed by us. Unless we agree otherwise in
writing, you are provided with access to it only for your personal and
non-commercial use. Other than for the purposes of and subject to the
conditions prescribed under the Copyright Act 1968 as amended and
similar statutes that apply in your location, you may not, in any form or
by any means:
• Adapt, reproduce, store, distribute, transmit, print, display, perform,
publish or create derivative works from any part of this Website or
the Application (MOCApp), or
• Commercialise any information, products or services obtained from
any part of this Website or the Application (MOCApp), without our
written permission.
Trademarks
The trademarks and other Company products and services referred to
in these Sites are trademarks of the Company.
Except where otherwise specified, any word or device to which is
attached with the ®symbol is a trademark of the Company. If you use
any of our trademarks to refer to our activities, products or services, you
must include a statement attributing that trademark to us. You must
not use any of our trademarks:
• In or as the whole or part of your own trademarks; in connection
with activities, products or services which are not ours, or
• In a manner which may be confusing, misleading or deceptive, or
• In a manner that disparages us or our information, products or
services (including this Website and Application (MOCApp). Nothing
in these Sites should be construed as granting any licence or right
of use of any trademark or part of any trademark displayed on the
Website or Application (MOCApp) without the express written
permission of the Company or third party owner.
Linked Websites
Our Sites may contain links to Linked Websites. Those links are
provided for convenience only and may not remain current or be
maintained. If you follow the links you will depart our Sites and you do
so at your own risk. We are not responsible for the privacy practices or
the content of Linked Websites. Links to those Linked Websites should
not be construed as any endorsement, approval, recommendation, or
preference by us of the owners or operators of those Linked Websites,
or for any information, graphics, material, products or services referred
to on those Linked Websites, even if they contain a the Company logo.
Unless stated otherwise on our Sites, we have:
• No relationship with the owners or operators of those Linked
Websites, and
• No control over or rights in those Linked Websites.
Australia
1300 66 22 66 | mediconcall.com.au
MOC@mediconcall.com.au
New Zealand
0800 88 67 88 | mediconcall.co.nz
MOC@mediconcall.co.nz
V3 February 2021
Product Information and Supply
Material on these Sites may contain general information about the
Company products and services. Unless expressly stated otherwise,
this information:
• Does not constitute an offer or inducement to enter into a legally
binding contract, and
• Does not form part of the terms and conditions for the Company
products and services.
Also, you should be aware that some of the product and services we
publish on the Sites might not be announced or available in your
country. Any references to such products or services do not mean that
the Company intends to make them available in your country at any
time. Please consult your local Company representative for more
information on the availability our products and service.
Confidential Information
The Company does not want to receive, either through our Sites or
otherwise, any information that is confidential or proprietary to you or a
third party. You understand and agree that any information that you
send to the Company will not be considered confidential by us and
will therefore not be treated as such. If you chose to send us any
information you agree that we will, as a result, have the right to adapt,
reproduce, store, distribute, transmit, print, display, perform, publish or
create derivative works based upon the information. In addition, the
Company will be free to use, for any purpose, any ideas, concepts or
techniques you send to us. Notwithstanding the foregoing, the
Company does abide by the Australian Privacy Principles and your
personal information will be subject to these principles.
Security
You may have a username and password. You are responsible for
maintaining the confidentiality of your user name and password and
are fully responsible for all conduct carried out under this password
and username. The Company is not liable for any loss of
confidentiality or for any damages arising from your failure to comply
with these security measures. The Company requests that you
promptly report to it any unauthorised use of your password.
Privacy
The Company recognises, values and respects the privacy of
individuals. The Company is bound by the Australian Privacy Principals
to the extent required by the Privacy Act 1988, and it’s Privacy Policy
which outlines how we will collect, use and manage personal
information.
Termination
Unless we agree otherwise, your access to these Sites may be
terminated at any time by us without notice. All restrictions, licences
granted by you and all disclaimers and limitations of liability by the
Company will survive termination, however, you will no longer be
authorised to access these Sites.
Governing law
These Terms of Use-Sites are governed by the laws in force in the
State of Victoria, Australia and by using it, you agree to submit to the
non-exclusive jurisdiction of the courts of Victoria, Australia and any
courts which may hear appeals from those courts in respect of any
proceedings in connection with these Terms of Use-Sites or this
Website or Application (MOCApp). Nothing contained in these Terms of
Use-Sites derogates from the Company’s right to comply with law
enforcement requests or requirements relating to your use of these
Sites or information provided to or gathered by the Company with
respect to that use.