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The following terms and conditions (Terms) are a legally binding agreement between the Australasian Medical Publishing Company Pty Ltd ACBN 20 000 005 854 (AMPCo, we, us, our) and you, in respect of any Online or otherSubscription access to product or information (Subscription Service)  made available by AMPCo to you on this website (Website).

1.    DURATION

These Terms commence on the date of first use of the Subscription Service or the date upon which we receive payment in full of the Subscription Fee (if any) and continue in full force and effect unless terminated earlier in accordance with clause 11.

2.    SUBSCRIPTION SERVICES

We grant you a license to use the Subscription Service subject to and in accordance with these Terms.

3.    ACCESS AND USE

3.1  Your access to and use of the Website is conditional on your acceptance of these Terms and payment of the Subscription Fee (if any). If you do not accept these Terms or pay the Subscription Fee when due then you must not access or use or must immediately cease all access or use of the Website.

3.2  You agree that:

1. Any and all access and use of any Subscription Service by you shall be in accordance with:
1. these Terms;
2. any notices displayed on the Website from time to time; and
3. the general Terms of Access and Use that are available and displayed on the Website from time to time (General Terms of Access and Use).
2. To the extent of any inconsistency between these Terms and the General Terms of Access and Use, these Terms prevail.
3. We may revise, replace or amend these Terms from time to time, at our sole discretion;
4. You will use your best endeavours to ensure that:
1. any unauthorised access or use of the Subscription Service is immediately notified to us;
2. all reasonably necessary or desirable security measures, procedures or systems are implemented and maintained by you to enable you to comply with your obligations under these Terms;
3. you shall not knowingly allow any other person to access or use the Subscription Service unless that person is using the service on your behalf;
4. you shall provide AMPCo or AMPCo’s representative with any assistance reasonably necessary or desirable to enable to locate and stop any person accessing or using the Subscription Service, by means of any computer system, network or internet portal that is owned, operated or controlled by or on your behalf, in a manner that is in breach of or is inconsistent with these Terms;
5. you shall not enter into any agreement that allows any person to access or use the Subscription Service in breach of these Terms or in a manner that is inconsistent with these Terms; and
6. you shall not assign or sub-license any licence granted under these Terms.

3.3  You agree that you shall not make any commercial use of any or all of the Works accessed on the Website. In this clause 3.3, commercial use means use that is for monetary reward and includes, without limitation, use for sale, resale, loan, transfer, hire or any other form of commercial use.

3.4  If, for any reason whatsoever, payment is not received in full and in cleared funds by us before you access or use the Subscription Service, we shall be entitled to terminate, suspend, revoke or cancel the licence granted under clause 2.

3.5  In the event that you wish to access various areas or sections of a Website, AMPCo may issue a unique username and password, or other method of access at the sole discretion of AMPCo (the Login).

3.6  You agree that:

1. the Login is required to access the Subscription Service and other sections of the Website;
2. you shall not access the Subscription Service without having first:
1. been issued the Login; and
2. paid, arranged to pay or having had paid on your behalf, the correct subscription fees and charges that we specify for your access to the Subscription Service;
3. the Login is non-transferable;
4. you shall not disclose the Login to any other person, unless that person is using the service on your behalf;
5. you shall keep the details of the Login safe and confidential;
6. you accept all liability for any activities whatsoever conducted using the Login that is issued to you under clause 3.5; and
7. you shall not use a Login that has been issued by us to some other person.

3.7  You agree that AMPCo may, from time to time and at our sole discretion:

1. revoke, vary, suspend or cancel the Login;
2. carry out maintenance or other work on the Website, that may limit or deny access to you; or
3. limit or deny access to the Website or part of the Website, for any reason.

3.8  You must not use the Website, or post any material on the Website, in any way that causes or is likely to cause the Website or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must only use the Website for lawful purposes and must not use the Website for any of the following:

1. Fraudulent purposes in connection with any criminal offence or any other unlawful activity
2. To send, post, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identity of its author or poster) or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or which consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation,  or any form of spam.

4    OWNERSHIP AND INTELLECTUAL PROPERTY

4.1  You acknowledge and agree that any and all Intellectual Property Rights, title and interest arising in or in relation to the Works remains with or vests in AMPCo or third parties.

4.2  If AMPCo, or any person, makes available or introduces to you any of AMPCo’s intellectual property then all Intellectual Property Rights relating to or associated with that intellectual property will remain the sole property of AMPCo.

4.3  You agree to take all actions and do all things reasonably necessary or desirable to protect our Intellectual Property Rights, title and interest in the Works.

5    REPRODUCTION AND COMMUNICATION FOR OTHER PURPOSES

5.1  No further reproduction or distribution of the Works in whole or in part is permitted without the express written agreement of AMPCo.

5.2  To seek permission to use the Works (or part of them) send an email to ampco@ampco.com.au.

5.3  Your email must tell us:

1. The selection or type of information you require;
2. The purpose for which you wish to use the Works; and
3. Verification as to whether use of the Works is or is not for monetary reward. Monetary reward includes, without limitation, use for sale, resale, loan, transfer, hire or other form of commercial use.

5.4  The Australian Copyright Act 1968 (the Act) allows a maximum of 10% of the words in a digital work to be reproduced and/or communicated by any educational institution for its educational purposes provided that that educational institution (or the body that administers it) has given remuneration notices to Copyright Agency Limited (CAL) under the Act. For details of the CAL licence for educational institutions contact: Copyright Agency Limited, Level 15, 233 Castlereagh Street Sydney NSW 2000 Australia Tel: +61 2 9394 7600 Fax: +61 2 9394 7601 Email: info@copyright.com.au

6    PROVIDING FEEDBACK ON WEBSITE

6.1  If you are invited to post comments on the Website you may do so. If you think that a comment that has been posted is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identity of its author or poster), or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties, or which consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam, please email us with a link to the comment or a copy of it and your reason for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action, but will not necessarily contact or consult you about our decision. Our decision is final.

7    ACKNOWLEDGEMENT, WARRANTY AND LIABILITY

7.1  You acknowledge and agree that:

1. The Works are protected by copyright, and you do not acquire or hold any ownership rights or intellectual property rights by downloading or copying the Works, or part thereof, from the Website;
2. You will not rely on any of the Works without first making independent enquiries to verify facts.
3. The Website is provided on an “as available” basis. You agree that the Website may be interrupted for maintenance and repairs, or for any other reason and that access to any Works cannot be guaranteed.

7.2  To the fullest extent permitted by law, AMPCo disclaims any and all express or implied warranties, guarantees or representations regarding:

1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website; and
2. the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website.

7.3  You acknowledge and agree that AMPCo does not warrant, guarantee or make any representation that:

1. the Website, the Works or the server that makes the Website available on the www are free of software viruses;
2. the functions contained in any software contained on the Website or the Works will operate uninterrupted or are error-free; or that
3. errors and defects in the Website or the Works will be corrected;

7.4  You and AMPCo further agree that, to the fullest extent permitted by law:

1. the Works and any other materials whatsoever appearing on the Website are provided on an “as is” basis without warranty of any kind, express or implied;
2. So far as permitted by law, we exclude all conditions and warranties relating to the Subscription Services, the Works or the Website; and
3. AMPCo does not warrant or guarantee the accuracy, completeness, merchantability, or fitness for purpose of the Subscription Service, the Works, or the Website.

7.5  To the extent that our liability for breach of any implied warranty or conditions cannot be excluded by law our liability will be limited, at our sole discretion, to resupply those services or the payment of the costs of having those services resupplied;

7.6  In no circumstances will we be liable to you for any indirect, incidental, special or consequential losses or damages including, without limitation, loss of profits, loss of goodwill, loss of data or loss of opportunity. To the fullest extent permitted by law our liability to you for goods or services supplied by us to you shall be the lesser of the amount determined under clause 7.5 or the aggregate amounts paid by you in respect of those goods or services to us.

8    YOUR WARRANTIES

8.1  You warrant that the Subscription Fee paid or to be paid by you to AMPCo is the correct Subscription Fee that applies to you (if any). For the sake of clarity, the correct Subscription Fee is the aggregate value of the subscription to the Subscription Service and is based on the following:

1. the most recent subscription price that we have advised you within the relevant year;
2. the correct nature of your enterprise; and
3. the duration of the licence sought by you.

9    INDEMNITY

9.1  You agree to release and indemnify, defend and hold AMPCo, its directors, officers, employees and agents, harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against you or AMPCo related to or in any way connected with any use of the Subscription Service by you or any failure by you to perform your obligations in relation to these Terms. This indemnity shall survive the termination of these Terms.

10    PRIVACY

10.1  You agree that we may collect and disclose personal information that you provide to us to:

1. the Australian Medical Association Limited (“AMA”); and
2. our business associates.

10.2  You agree that we may collect, use and disclose the personal information that you provide to us for the following purposes:

1. to enable us to perform our obligations under these Terms;
2. to recover any money owing to us; and
3. to provide, or arrange for a third party to provide you with information regarding goods or services that we believe may be of interest to you.

10.3  Any personal information, including personal financial information, that relates to you and is collected, used or disclosed by us will only be collected, used or disclosed in accordance with:

1. these Terms or the General Terms and Conditions of Access and Use; and
2. our Privacy Policy, if any, as varied by us at our sole discretion from time to time, in compliance with the requirements of the Privacy Act 1988 (Cth).

11    TERMINATION

11.1  We may immediately terminate these Terms if:

1. you fail or refuse to make, or AMPCo does not receive in full, cleared funds, any payment of the Subscription Fee or any part of the Subscription Fee; or
2. you breach any term or condition of these Terms and fail to remedy such breach to our satisfaction within seven (7) days of notification from us.

11.2  On termination of these Terms:

1. you must not access or attempt to access the Subscription Service of the Website; and
2. we may immediately deny you access to the Subscription Service or any other part of the Website, at our sole discretion.

11.3  Any termination of the licence granted under these Terms shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms, which is expressly or by implication intended to continue in force after such termination.

12    GENERAL

12.1  These Terms and the documents referred to in the Terms, supersede all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Service.

12.2  You must not assign, whether in whole or part, the benefit of these Terms or any rights or obligations hereunder, without the prior written consent of AMPCo.

12.3  These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales, Australia, and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.

12.4  No forbearance, delay or indulgence by a party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party, nor shall any waiver or those rights operate as a waiver of any subsequent breach.

12.5  Should any part of these Terms be or become invalid or unenforceable, that part shall be severed from these Terms. Such invalidity or unenforceability shall not affect the validity of the remaining provisions of the Agreement.

13    DEFINITIONS

13.1  In these Terms:

1. Agreement means these Terms.
2. Intellectual Property Rights means any intellectual property and industrial property rights throughout the world including but not limited to rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs and circuit layouts, whether or not now existing and whether or not registered or registrable, and any right to apply for the registration of such rights, and all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967;
3. Online access means accessible by means of an internet portal or link;
4. Subscription Fee means the amount notified to you by AMPCo from time to time.
5. Subscription Service means the online service that you have been authorised to access.
6. Terms means the terms and conditions contained in this Agreement;
7. Works means any and all publications, content, graphs, charts, data, information, software, documents, directory listings, or any other materials whatsoever contained on any Website owned by AMPCo; and
8. www means the World Wide Web.
9. You or your means the Subscriber and includes the person who pays the Subscription Fee and the person responsible for using the service on your behalf.

13.2  Words importing the singular include the plural and vice versa and words importing one gender shall include the other gender. Headings are for ease of reference only and shall not affect the interpretation of these Terms. A reference to a clause is a reference to a clause of these Terms.

Last updated: 1 September 2011

©The Medical Journal of Australia 2009 www.mja.com.au PRINT ISSN: 0025-729X ONLINE ISSN: 1326-5377