MJA
MJA InSight
MJA Careers

MJA Group Australia Website - Terms of access and use

These terms set out conditions applicable to your use of this Website or any extensions to this website (collectively referred to as this Website).

This MJA Group Australia Website is owned by the Australasian Medical Publishing Company Pty Ltd ABN 20 000 005 854 (AMPCo). The material on this Website is copyright © AMPCo and other copyright owners. MJA Group Australia, MJA, MJA InSight and MJA Careers are trading names of AMPCo. Any reference to AMPCo applies equally to these trading names. This Website contains intellectual property, including without limitation software, belonging to AMPCo and others. This Website publishes electronic versions of publications and information. All publications, content, material, intellectual property, information and software provided on and through this Website (Content) including, but not limited to, directory listings, operational manuals, documentation, works, papers, and other material arising from or accessed via this Website 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. Access and use

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 the Terms of Access and Use 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.
1.4
You must not use this 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:
a.
fraudulent purposes in connection with any criminal offence or any other unlawful activity;
b.
to send, post, use or re-use 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.

2. Contents

2.1
The Content on this Website is divided into different sections:
a.
some sections may only be accessed by persons who have accepted AMPCo’s terms and conditions for subscription access and have paid, in full, to AMPCo all subscription fees and charges for Online Subscription Services as AMPCo may specify, from time to time, in AMPCo’s sole discretion (the Subscription Services); and
b.
sections that you may access without any fees or charges.

2.2
In the event that you wish to access various areas or sections of this Website, AMPCo may require you to enter into a separate set of terms and conditions for access to a Subscription Service and/or may issue to you a unique username and password, or other method of access at the sole discretion of AMPCo (the Login).

2.3
In the event that you have paid, in full, to AMPCo all subscription fees and charges for access to a Subscription Service, or if you are granted free access to a Subscription Service, you agree that:
a.
the Login is required to access the Subscription Service and other sections of this Website;
b.
you shall not access the Subscription Service without having:
i.
first been issued the Login; and
ii.
if a fee is applicable, 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
c.
the Login is non-transferable;
d.
you shall not disclose the Login to any other person;
e.
you shall keep 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 2.2; and
g.
you shall not use a Login that has been issued by us to some other person.

2.4
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.

3. Intellectual property rights and licence

3.1
AMPCo and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Content or services provided by this Website.
3.2
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 on you.
3.3
You agree that the Content and this Website are protected by copyrights, trademarks, patents or other proprietary rights and laws.
3.4
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 World Wide Web, on-line service or bulletin board; or
e.
‘framing’ the Content on this Website, or any of it, with other material on any other World Wide Web site or location, on-line service or bulletin board.
3.5
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 Website 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 3.5b.; 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.

4. Comments posted within this Website

4.1
If you are invited to post comments on the Website you may do so. In doing so you accept full responsibility for the content you submit You agree and warrant that any comments you post on the Website will not be 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.
4.2
Any comments that you post shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
4.3
You acknowledge that we have no obligation to edit, monitor or screen comments that are posted on this Website and we are not responsible for the content in such Postings or any content linked to from such Postings. Notwithstanding the foregoing we reserve the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Access and Use and to remove any materials that may be objectionable or violate the Terms of Access and Use.
4.4.
As a participant, you shall not include in your Postings. or otherwise distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation. Any unauthorised use of any interactive area of this Website, its Content or Postings is expressly prohibited.
4.5
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 identify 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.

5. Permission to use Content

5.1
To seek permission to use Content from this Website, please see our Copyright and linking policy.

6. Reproduction and communication for other purposes

6.1
No further reproduction or distribution of the Content in whole or in part should proceed without the permission of AMPCo.
6.2
AMPCo may make mailing lists and directory information available for approved communication purposes based on separate commercial terms and conditions.

7. Linking to this Website

7.1
If you wish to link to this Website you must comply with our Copyright and linking policy.

8. Links to other Websites

8.1
This Website may contain links to sites on the World Wide Web owned and operated by third parties and which are not under the control of AMPCo (the External Web Sites).
8.2
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 Websites; and
c.
makes no warranties and accepts no liability in relation to material contained on those External Websites.

9. Acknowledgement and warranty

9.1
You acknowledge and agree that:
a.
this Website and the Content is protected by copyright, and you do not acquire any ownership rights by downloading or copying Content from this Website;
b.
although AMPCo has taken all reasonable steps to ensure that this Website is accurate, AMPCo does not make any warranties about this Website, including without limitation any warranty that it is complete or error-free;
c.
you will not rely on any of the Content without first making independent enquiries to verify facts. This Content is intended for educational, research and reference purposes only and should not be relied on as medical advice. The Content should not be used instead of consultation with a qualified medical professional.
9.2
This 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 Content cannot be guaranteed.
9.3
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, in the Content, or on any External Websites; and
b.
the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this Website, in the Content, or on any External Websites.
9.4
You acknowledge and agree that AMPCo does not warrant, guarantee or make any representation that:
a.
this Website, the Content, or the server that makes the Website available on the World Wide Web are free of software viruses;
b.
the functions of any software contained on this Website or in the Content will operate uninterrupted or are error-free; or that
c.
errors and defects in this Website or the Content will be corrected.

10. Security

10.1
For details about the information AMPCo collects on visitors to this Website and the security of your information, please see our Privacy policy.

11. Email

11.1
Any email between you and AMPCo Pty Ltd is not encrypted. It will be stored securely within our corporate firewall.

12. Cookies

12.1
For details about the use of cookies on this Website, please see our Privacy policy.

13. Analysing Website use

13.1
For details about how AMPCo may measure and analyse usage of this Website, please see our Privacy policy.

14. Liability

14.1
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 or referred to on this Website, in the Content, or on any of the External Websites; or
b.
using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website,in the Content or any External Websites.
14.2
You agree that AMPCo is not liable to you for:
a.
errors or omissions on the Website,in the Content, or on any External Websites;
b.
delays to, interruptions of or cessation of the services provided on the Website,in the Content, or on any External Websites; or
c.
defamatory, offensive or illegal content on the Website or in the Content, whether caused through negligence of AMPCo, its employees or independent contractors, or through any other cause.
14.3
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.
14.4
To the extent that the limitation of liability contained in this clause 14 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.

15. Indemnity

15.1
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 Content or any materials or information supplied to you under these Terms of Access and Use.

16. Confidentiality and use of information provided by you

16.1
Except as permitted in clause 16.2 below, AMPCo will treat as confidential information all information provided to this Website by you, about yourself, unless that information has been provided to us for publication purposes. 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, or, in some instances, to add them to our commercial database.
16.2
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 AMPCo products or services or related products or services.
16.3
For more information on the use of information provided by you, please see our Privacy policy.

17. Termination of access

17.1
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.
17.2
AMPCo will consider and, at its sole discretion, determine whether or not, and on what terms, a refund may be payable.

18. Severance and jurisdiction

18.1
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.
18.2
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 conflict of laws. 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.

19. General

19.1
The disclaimers, limitations on liability and indemnities in these Terms of Access and Use continue notwithstanding discontinuation or suspension of your access to this Website.
19.2
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.

20. The Privacy Act 1988 and the National Privacy Principles

20.1
AMPCo abides by the Privacy Act 1988 (the Act) and the National Privacy Principles (NPPs). More information can be found in our Privacy policy.

21. Concerns

21.1
Should you object to these Terms of Access and Use or any subsequent modifications thereto or become dissatisfied with this Website, your only recourse (to the extent permitted by law) is to immediately terminate your use of this Website.
21.2
If you have any issues and/or questions with these Terms of Access and Use or any rule, policy, guideline or practice that AMPCo uses to operate this Website, we will be happy to respond to your concerns, please contact us at the address below.

22. Contact us

This website - MJA Group Australia - is published by Australasian Medical Publishing Company Proprietary Limited (AMPCo) ABN 20 000 005 854.

Postal address: Locked Bag 3030, Strawberry Hills NSW 2012 Australia.

Location: AMPCo House, 277 Clarence St, Sydney NSW 2000 Australia.

Telephone: +61 (0)2 9562 6666 Facsimile: +61 (0)2 9562 6600.

Email: ampco@ampco.com.au or mja@mja.com.au

23. Definitions and interpretation

23.1
In these Terms:
a.
Intellectual Property Rights means any intellectual property and industrial property rights of AMPCo throughout the world including 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 includes any right to apply for the registration of such rights and includes all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967;
b.
Subscription Services has the meaning given to that expression as described in clause 2;
c.
Subscription Fee means the aggregate value of the subscription to AMPCo that you select from the subscription price guide that we publish, from time to time, on the Website that may vary depending on the time period for which you wish to access the Service;
d.
Terms of Access and Use means the general terms and conditions of access and use, published by or on behalf of and at the sole discretion of AMPCo, from time to time, on which you may access and use the Website;
e.
Website means the website on which these Terms of Access and Use appear or any extensions to those domains on the World Wide Web;
f.
Works means any documents, directory listings, or any other materials whatsoever; and
23.2
Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. 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: 27 February 2012