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mja.com.au - Terms of access and use |
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The mja.com.au, the MJA Shop website and the website of The Medical Journal of Australia (collectively referred to as “this Website”) is owned by the Australasian Medical Publishing Company Pty Ltd ACN 000 005 854 (“AMPCo”). The material on this Website is copyright © AMPCo and other copyright owners. This Website contains intellectual property, including without limitation software, belonging to AMPCo and others. This website publishes an electronic version of The Medical Journal of Australia (“mja.com.au”). All content, information and software provided on and through this Website (“Content”) including, but not limited to, the documents, articles or other material arising from mja.com.au (“Materials”) may only be used in accordance with the following terms and conditions (“Terms of Access and Use”). In these Terms of Access and Use we refer to the person who accesses this Website as either “you” or “your”, as the context may require.
1.1 Your access to and use of this Website is conditional on your acceptance of these Terms of Access and Use. If you do not accept these Terms of Access and Use then you must not access or use or must immediately cease all access or use of this Website.
1.2 If you have purchased a license, subscription or otherwise entered into an agreement with AMPCo (Agreement), your access to and use of this Website shall be subject to and in accordance with the terms and conditions of that Agreement. To the extent of any inconsistency between that Agreement and these Terms of Access and Use, the terms and conditions of the Agreement shall prevail.
1.3 By accessing, or by continuing to access, this Website you are agreeing to be bound by these Terms of Access and Use.
2.1 In consideration for your acceptance of these Terms of Access and Use, AMPCo grants you a revocable, non-exclusive, non-transferable licence to access and use the Website and to reproduce the Materials in accordance with, and subject to, these Terms of Access and Use.
3.1 The Content on this Website is divided into two sections:
(a) a section that may only be accessed by persons who have paid, in full, to AMPCo all subscription fees and charges for mja.com.au as AMPCo may specify, from time to time, in AMPCo’s sole discretion (the “Subscribers’ Section”); and
(b) a section that you may access without any fees or charges from AMPCo.
3.2 In the event that you wish to access various areas or sections of this Website, AMPCo will issue to you a unique username and password, or other method of access at the sole discretion of AMPCo (the “Login”).
3.3 In the event that:
(a) you are a member of the Australian Medical Association Limited (the “AMA”) and have paid, in full, all fees and charges for that membership to the AMA;
(b) you have a subscription to The Medical Journal of Australia and have paid, in full, all subscription fees and charges for that subscription;
(c) you have paid, in full, to AMPCo all subscription fees and charges for access to the Subscribers’ Section; or
(d) you are an employee or officer of an entity that has paid, in full, to AMPCo all subscription fees and charges for access to the Subscribers’ Section,
the Login will provide you with access to the Subscribers’ Section.
3.4 You agree that:
(a) the Login is required to access the Subscribers’ Section and other sections of this Website;
(b) you shall not access the Subscribers’ Section without having:
(i) first been issued the Login in accordance with these Terms of Access and Use; and
(ii) 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 Subscribers’ Section;
(c) the Login is non-transferable;
(d) you shall not disclose the Login to any other person;
(e) you shall kept the details of the Login safe and confidential;
(f) you accept all liability for any activities whatsoever conducted using the Login that is issued to you under clause 3.2; and
(g) you shall not use a Login that has been issued by us to some other person.
3.5 You agree that AMPCo may, from time to time and in AMPCo’s sole discretion:
(a) revoke, vary, suspend or cancel the Login;
(b) carry out maintenance or other work on this Website, that may limit or deny access to you; or
(c) limit or deny access to this Website or part of this Website, for any reason.
4.1 AMPCo and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Materials, the Content or services provided by this Website.
4.2 Except as expressly provided in these Terms of Access and Use, nothing set out in these Terms of Access and Use shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
4.3 You agree that the Content and this Website are protected by copyrights, trademarks, patents or other proprietary rights and laws.
4.4 Except for the limited use set out in clause 5, or with the express written consent of AMPCo, you must not use this Website or the Content, for any of the following purposes:
(a) the reproduction of the Content in any material form;
(b) the distribution of the Content in any material form;
(c) re-transmission of the Content by any medium of communication;
(d) uploading or reposting the Content to any other site or location on the WWW, on-line service or bulletin board; or
(e) ‘framing’ the material on this Website with other material on any other WWW site or location, on-line service or bulletin board.
4.5 You must not:
(a) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You agree that you shall not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users;
(b) use any software, device, or manual process to monitor or copy this Website or the Content without AMPCo’s prior written permission and without limiting the generality of this clause 4.5(b), you must not cache the Content of this Website without the consent of AMPCo;
(c) use this Website or its Content in a manner that is not expressly authorised by us;
(d) use the Content of this Website to cause harm, damage or loss of any kind whatsoever to AMPCo or to any other person; or
(e) modify or copy:
(i) the layout of this Website; or
(ii) any computer software or code contained in this Website.
The Medical Journal of Australia makes articles available on the World Wide Web for the advancement of public health and medical research.
5.1 Notwithstanding the restrictions on use of the Content referred to in clause 4 and subject to the terms of the licence granted to you under clause 2.1, you may make temporary electronic copies of the Content that are necessary to browse this Website and may download and print a single copy of an article from the Website for non-commercial personal use provided you do not remove any copyright or trade mark notices contained on or in the Material.
5.2 Reproduction and Communication for educational purposes
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 19, 157 Liverpool Street, Sydney NSW 2000. Telephone: (02) 9394 7600 Facsimile: (02) 9394 7601 E-mail: info at copyright dotcom dotau.
5.3 Reproduction and Communication for other purposes
No further reproduction or distribution of the articles in whole or in part should proceed without the permission of the publisher.
To seek permission to reproduce multiple copies of an MJA article, send an email to mjalibrary at ampco dotcom dotau Australasian Medical Publishing Company. Your email must tell us:
5.4 If you wish to use the Content for any other purpose you must first purchase a license from AMPCo that permits that form of use.
5.5 In this clause 5 non-commercial use means use that is not for monetary reward and use for monetary reward includes, without limitation, use for sale, resale, loan, transfer, hire or other form of commercial use.
6.1 Other websites are welcome to link to pages in mja.com.au provided that no attempt is made to pass off the content of mja.com.au as the property of the linking website. We do not approve of websites presenting mja.com.au articles as a frame within their web pages.
6.2 We do not grant permission for anyone to copy mja.com.au articles to their own web pages.
7.1 This Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of AMPCo (the “External Web Sites”).
7.2 In relation to External Web Sites, which are linked to this Website, AMPCo:
(a) provides the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by AMPCo of the External Web Sites;
(b) is not responsible for the material contained on those External Web Sites; and
(c) makes no warranties and accepts no liability in relation to material contained on those External Web Sites.
8.1 You acknowledge and agree that:
(a) the views expressed in the Content are not necessarily our views;
(b) the expression of a view does not imply endorsement of a product or service by us;
(c) the information contained in the Content may be out of date; and
(d) you will not rely on any of the Content without first making independent enquiries to verify facts.
8.2 This Website is provided on an ‘as is, 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 Content cannot be guaranteed.
8.3 To the fullest extent permitted by law, AMPCo disclaims any and all express or implied warranties, guarantees or representations regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Content, the Materials or on any External Web Sites; and
(b) the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this Website, the Content, the Materials or on any External Web Sites.
8.4 You acknowledge and agree that AMPCo does not warrant, guarantee or make any representation that:
(a) this Website, the Content, the Materials, or the server that makes the Website available on the WWW are free of software viruses;
(b) the functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or that
(c) errors and defects in this Website or the Content will be corrected.
9.1 AMPCo shall not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if AMPCo has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on this Website, the Content, the Materials or any of the External Web Sites; or
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website, the Content or any External Web Sites.
9.2 You agree that AMPCo is not liable to you for:
(a) errors or omissions in the Website, the Content, the Materials or on External Web Sites;
(b) delays to, interruptions of or cessation of the services provided in the Website, the Content, or External Web Sites; or
(c) defamatory, offensive or illegal content on the Website, the Content or the Materials, whether caused through negligence of AMPCo, its employees or independent contractors, or through any other cause.
9.3 You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Website or the Content.
9.4 To the extent that the limitation of liability contained in this clause 8 is prohibited, you agree that AMPCo’s sole obligation to you for any loss, injury, claim, liability or damage of any kind resulting from your access or use of this Website shall be limited to the refund of the fees and charges paid by you to AMPCo, if any.
10.1 You will at all times indemnify, keep indemnified, defend and hold harmless AMPCo and its respective officers, employees and agents (referred to below as “Those Indemnified”), from and against any cost, expense, fee, loss or damage (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access and Use by you or your use of the Materials, the Content or any materials or information supplied to you under these Terms of Access and Use.
11.1 Except as permitted in clause 11.2 below, AMPCo will treat as confidential information all information provided to this Website by you. AMPCo will not disclose confidential information to any third party except where the third party is either contracted or licensed to AMPCo to assist AMPCo in fulfilling its obligations under these Terms of Access and Use.
11.2 If you purchase products or services from AMPCo then you agree that AMPCo may disclose the material or information provided by you under these Terms of Access and Use to third parties for the purpose of providing you with the additional MJA products or services or related products or services.
12.1 AMPCo may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and AMPCo has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
12.2 AMPCo will consider and, at its sole discretion, determine whether or not, and on what terms, a refund may be payable.
13.1 If any part of these Terms of Access and Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and Use and the severed part will not affect the validity and enforceability of any remaining provisions.
13.2 These Terms of Access and Use will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.
13.3 You agree to the non-exclusive jurisdiction of the Courts of the State of New South Wales to determine any dispute arising out of these Terms of Access and Use.
14.1 The disclaimers, limitations on liability and indemnities in these Terms of Access and Use continue despite termination of the licence granted under clause 2.1 or discontinuation or suspension of your access to this Website.
14.2 AMPCo’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing. A single or partial exercise or waiver of a right under these Terms of Access and Use does not prevent any other exercise of that right, or the exercise of any other right.
Last updated: 20 April 2009
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©The Medical Journal of Australia 2009 www.mja.com.au PRINT ISSN: 0025-729X ONLINE ISSN: 1326-5377
