Terms and Conditions
The following conditions (Terms) apply to your use of MDA Online. If you do not accept these Terms, then you must not access or use MDA Online.
MDA Online is owned and provided by the Australasian Medical Publishing Co Proprietary Limited ABN 20 000 005 854 (AMPCo).
These Terms should be read in conjunction with the Access Terms that apply to AMPCo’s websites. The Access Terms are available from https://www.ampco.com.au/access-terms/ These Terms prevail over the Access Terms to the extent of any inconsistency.
AMPCo may modify these Terms at any time without prior notice to you.
1. Authorised Users
1.1 If you have purchased a personal subscription, then the only Authorised Users (other than you) are any persons you have authorised to use your log in on your behalf.
1.2 If you have purchased a multi-user subscription, then you may nominate Authorised Users up to the maximum number of concurrent users nominated in your order form. You are responsible for providing AMPCo with accurate information about the maximum number of concurrent users for your organisation. Authorised Users must be:
1.3 AMPCo may issue each Authorised User a unique username and password, or other method of accessing MDA Online.
2.1 Subject to payment of the subscription fees, AMPCo grants you and your Authorised Users a licence to use MDA Online in accordance with these Terms. This licence is not assignable or sub-licensable.
2.2 You acknowledge that, subject to the Australian Consumer Law, AMPCo is not required to provide you with any refund if you decide to cease using MDA Online prior to the end of your subscription.
3. Access and use
3.1 You must use your best endeavours to ensure that:
3.2 You must provide AMPCo and its representatives with any assistance reasonably necessary or desirable to enable us to locate and stop any person accessing or using MDA Online, by means of any computer system, network or internet portal that is owned, operated or controlled by or on your behalf, where that access or use is in breach of or otherwise inconsistent with these Terms.
3.3 You must not enter into any agreement that allows any person to access or use MDA Online in breach of, or in a way which is otherwise inconsistent with, these Terms.
3.4 You must not, and must use your best endeavours to ensure that any Authorised Users do not, make any commercial use of MDA Online or any of the databases accessible via MDA Online. In particular, you must not use MDA Online to compile a mailing list, send multiple copies of a communication, complete an electronic or physical mail merge or for any form of promotion, marketing or sales. In this clause 3.4:
3.5 If AMPCo issues you or your Authorised Users a login, you agree that:
3.6 You must only use MDA Online for lawful purposes. You must not use MDA Online to send 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. Intellectual property
4.1 Copyright and other intellectual property rights in MDA Online or any database available via MDA Online is owned by AMPCo and third parties.
4.2 AMPCo makes information available via MDA online for professional referrals and personal contact with referrals and health professionals and institutions.
4.3 You may only use, or permit use of, MDA Online to look up entries on screen. You may also print one copy of relevant doctor records for non-commercial personal use provided you do not remove any copyright or trademark notices.
4.4 No further reproduction or distribution of MDA Online in whole or in part is permitted without the express written agreement of AMPCo. To seek permission to use MDA Online for other purposes send an email to firstname.lastname@example.org .
5. No warranty
5.1 You acknowledge that MDA Online:
5.2 You also acknowledge and agree that MDA Online is provided on an "as available" basis. AMPCo may, from time to time and at its sole discretion:
5.3 You agree that, to the fullest extent permitted by law:
5.4 Although AMPCo has taken all reasonable steps to ensure that MDA Online is accurate, AMPCo does not warrant, guarantee, or make any representation that:
5.5 To the extent that AMPCo’s liability for breach of any implied warranty or conditions cannot be excluded by law, AMPCo’s liability will be limited, at its sole discretion, to resupplying those services or the payment of the costs of having those services resupplied.
5.6 Subject to clause 5.5:
6.1 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 MDA Online by you or your Authorised Users or any failure by you to perform your obligations in relation to these Terms (provided that nothing in these Terms shall make you liable for breach of these Terms by any Authorised User where you did not cause, knowingly assist or condone the continuation of such breach to continue after becoming aware of an actual breach having occurred).
6.2 This indemnity survives the termination of these Terms.
7.2 The personal information that you provide is being collected by AMPCo for the following purposes:
7.3 While AMPCo takes all due care in ensuring the privacy of the information you provide, transactions over the internet may be intercepted by third parties. To the maximum extent permitted by law, AMPCo disclaims all liability to you should this occur.
7.4 Your personal information (including personal information that is not visible to external users) may also be accessed by AMPCo staff and contractors while stored on AMPCo systems.
8.1 AMPCo may immediately terminate these Terms if:
8.2 On termination of these Terms AMPCo may immediately deny access to MDA Online to you and your Authorised Users. You:
9.1 These Terms are governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
9.2 If any part of these Terms is held to be invalid or unenforceable, that part will be severed, and the rest of these Terms will continue to be valid and enforceable.
9.3 Termination or expiry of these Terms will not affect those provisions that are capable of surviving.