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Terms & Conditions

 

Important definitions

Please read these Terms and Conditions (Terms) carefully before accessing or using the website www.spinalhub.com.au (SpinalHub).

In these Terms, "you" and "your(s)" refer to the person or organisation accessing or using SpinalHub. "We", "us" and "our" refers to any or all of the following collaborating organisations: the Transport Accident Commission, the Victorian Department of Health and Human Services, Austin Health, Alfred Health, AQA Victoria and Independence Australia (together the "SpinalHub Collaborators"). 

 

You must comply with these Terms

These Terms govern your access to and use of SpinalHub and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on SpinalHub (Content). You may use SpinalHub only in accordance with these Terms and all applicable laws. By accessing or using SpinalHub you agree to be bound by these Terms. If you do not agree to these Terms you should not access or use SpinalHub.

 

We may change these Terms

The SpinalHub Collaborators may make changes to SpinalHub including the Terms. You will be bound by the amended Terms from the first time you use SpinalHub after the amended version is published on www.spinalhub.com.au.

Copyright ownership and intellectual property rights

All rights to and title and interest in SpinalHub (excluding Content provided by users) are and will remain the exclusive property of the SpinalHub Collaborators (in the manner agreed by them) and their licensors. With the exeption of fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth) you must not adapt, reproduce, store, create derivative works, distribute, print, display, perform, publish or commercialise any Content without our prior written permission which we may grant or refuse in our absolute discretion.

 

You represent and warrant that you have the right, power and authority necessary to submit, post or display your Content and have obtained all necessary third party consents to do so.

 

You retain your rights to any Content you submit, post or display on or through SpinalHub. However by submitting, posting or displaying Content on or through SpinalHub, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Content in any and all media or distribution methods with or without attribution of authorship or other acts or omissions which, but for this section, would constistute an infringement of your moral rights under the Copyright Act 1968 (Cth).

 

We reserve the right to remove Content alleged to be infringing another person’s intellectual property rights without prior notice and at our sole discretion and/or to terminte a user’s account where we believe an infringement has occurred.

 

You are responsible for Content you submit or post to SpinalHub

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via SpinalHub and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via SpinalHub or obtained by you through SpinalHub is at your own risk.

 

You are responsible for your use of SpinalHub, for any Content you post to SpinalHub, and for any consequences of doing so. The Content you submit, post, or display can be viewed by other SpinalHub users and through third party services and websites. You should only provide Content that you are comfortable sharing with others in accordance with these Terms.

 

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via SpinalHub or endorse any opinions expressed via SpinalHub. Under no circumstances will the SpinalHub Collaborators (or any of them) be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via SpinalHub or broadcast elsewhere.

 

The information we publish on SpinalHub is provided for general education and information purposes only and is not intended to replace medical advice. We encourage you to seek appropriate advice from a qualified medical professional for all diagnoses and answers to your medical questions.

 

Links to other websites

Links to other websites are provided on SpinalHub for the convenience of users. The inclusion of a link does not mean the SpinalHub Collaborators (or any of them) endorse the content of the link or any goods or services described in the link. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

 

Things you must not do when accessing SpinalHub

You may not do any of the following while accessing or using SpinalHub:

  • access, tamper with, or use non-public areas of SpinalHub, SpinalHub computer systems, or the technical delivery systems of SpinalHub
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
  • access or search or attempt to access or search SpinalHub by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SpinalHub,
  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing SpinalHub, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on SpinalHub,
  • impersonate others in a manner that does or is intended to mislead, confuse or deceive,
  • publish or post other people’s private and confidential information without their express authorisation or permission,
  • publish or post direct, specific threats of any kind against others,
  • use SpinalHub’s address book to contact, import or send repeat mass invitations,
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy,
  • publish Content that is:
  • incompatible with any of the SpinalHub Collaborator’s policies of functions,
  • misleading or false,
  • libellous or defamatory,
  • abusive, threatening, harassing, hateful, insulting, offensive, blasphemous or racially vilifying,
  • inappropriate, off topic or vexatious.

We reserve the right (but will not have an obligation) to remove or refuse to distribute any Content on SpinalHub and to terminate users for a breach of this section.

 

Exclusions and limitation of liability

To the maximum extent permitted by law the SpinalHub Collaborators, their employees and agents exclude all warranties (whether express, implied, statutory or otherwise) in relation to SpinalHub including the Content. The SpinalHub Collaborators and their employees and agents accept no liability (including for negligence) for any loss or damage you may suffer through accessing or using SpinalHub or reliance on the Content. Specifically, the SpinalHub Collaborators will not be liable to you for any loss, damage, cost or expense incurred or arising by reason of:

  • any person relying on any of the Content, or any sites linked (or connected by other means) to SpinalHub by reason of any error, omission or misrepresentation in the Content;
  • any errors or omissions on SpinalHub (whether or not due to the negligence of the SpinalHub Collaborators, their employees or agents);
  • SpinalHub being unavailable for any reason, including any delay or interruption in access to or use of SpinalHub (whether or not due to the negligence of the SpinalHub Collaborators, their employees or agents); or
  • the transmission of a computer virus as a result of accessing SpinalHub.

If a court decides that the SpinalHub Collaborators (or any of them) are responsible for any loss or damage caused to you through your use of or reliance on SpinalHub, the SpinalHub Collaborators’ total liability to you is limited to resupplying the Content or the reasonable cost of having it resupplied.

 

The SpinalHub Collaborators exclude all liability for loss of opportunity, lost revenue, lost profits, loss of data and losses resulting from security failure or any consequential loss resulting from use of SpinalHub or reliance on the Content.

 

You must safeguard your passwords

You are responsible for safeguarding the password that you use to access SpinalHub and for any activities or actions under your password. The SpinalHub Collaborators are not liable for any loss or damage arising from your failure to do so.

 

Waiver and Severability

The failure of SpinalHub, the SpinalHub Collaborators or any of them to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

 

Controlling Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Victoria, Commonwealth of Australia. Any dispute arising under these Terms will be subject to the non-exclusive jurisdiction of the courts of that State.

 

Your privacy

Any information that you provide to SpinalHub is subject to our Privacy Statement, which governs our collection and use of your information via SpinalHub. You understand that through your use of SpinalHub you consent to the collection and use of this information as set out in the Privacy Statement. 

Effective: 1 September 2011

 

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