Terms and Conditions

The following terms and conditions ( Terms) are a legally binding agreement between the Australasian Medical Publishing Company Pty Ltd ABN 20 000 005 854 ( AMPCo, we, us, our) and you, in respect of any Online or other product or information (Subscription Service) made available by AMPCo to you on this website ( Website). These Terms include the acceptance of our privacy policy at https://masterlink.mda.com.au/information/privacy .

Single Subscriber Terms And Conditions

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 12.

2. SUBSCRIPTION SERVICES

We grant you a licence 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:

                              I.             any unauthorised access or use of the Subscription Service is immediately notified to us;

                           II.             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;

                        III.             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;

                        IV.             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;

                           V.             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

                        VI.             You shall not assign or sub-license any licence granted under these Terms.

                        You have read and agree with our privacy policy at https://masterlink.mda.com.au/information/privacy .


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. In particular, you agree that you shall not use any or all of the Works to compile a mailing list, send multiple copies of a communication, complete an electronic or physical Mail Merge or otherwise use the Works for any form of promotion, marketing or sales.

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   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 unless given to a person who is using the subscription on your behalf;
  4. you shall not disclose the Login to any other person;
  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.


3.6   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.


3.7   You must not use the Website, or post any material on the Website, 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; and
  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

  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.
  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.
  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. NO PERMISSION TO USE WORKS

  1. AMPCo makes information available on the World Wide Web for professional referrals and personal contact with referrals and health professionals and institutions.
  2. You may only use and permit use of Works to look up entries on screen. You may not otherwise copy or reproduce, or permit the copying or reproduction of, part or all of the Works.
  3. Notwithstanding the restrictions on use of the Works referred to in this clause 5, you may make temporary electronic copies of the Works that are necessary to browse the Website and may print single copies of Works from the Website for non-commercial personal use provided you do not remove any copyright or trade mark notices contained on or in the Works.

6. REPRODUCTION AND COMMUNICATION FOR OTHER PURPOSES

  1. No further reproduction or distribution of the Works in whole or in part is permitted without the express written agreement of AMPCo.
  2. AMPCo may make mailing lists and directory information available for approved communication purposes based on separate commercial terms and conditions.
  3. To seek permission to use the Works (or part of them) send an email to mda@ampco.com.au .
  4. 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. 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
    E-mail:     info@copyright.com.au .

7. PROVIDING FEEDBACK ON WEBSITE

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 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.

8. ACKNOWLEDGEMENT, WARRANTY AND LIABILITY

8.1   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. We do not provide information on doctors and other directory listees who have specifically requested that their details not be published (excluding services used exclusively by us and the AMA);
  3. The Subscription Services includes security features (such as fictitious names and addresses) designed to help enforce AMPCo's rights in the event of misuse by a user or breach of these Terms;
  4. Although we have taken all reasonable steps to ensure that the Works are accurate, we do not make any warranties about the Subscription Services or Works, including without limitation any warranty that the Works or Subscription Services are complete or error-free;
  5. 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.

8.2   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 websites 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 websites that may be referred to on the Website.

8.3   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.

8.4   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.

8.5   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;

8.6   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 8.5 or the aggregate amounts paid by you in respect of those goods or services to us.

9. YOUR WARRANTIES

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;
  3. the duration of the licence sought by you.

10. INDEMNITY

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.

11. PRIVACY

11.1   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.

11.2   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.

11.3   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).

12. TERMINATION

12.1   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.

12.2   On termination of these Terms:

  1. you must not access or attempt to access the Subscription Service of the Website;
  2. we may immediately deny you access to the Subscription Service or any other part of the Website, at our sole discretion; and
  3. you must destroy any physical or electronic copy of any part of the Works in your possession.

12.3   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.

13. GENERAL

  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.
  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.
  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.
  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 of those rights operate as a waiver of any subsequent breach.
  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.

14. DEFINITIONS

14.1   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. Mail Merge means any process that makes more than one copy of a letter, email ,fax or any other communication from a list that contains more than one record.
  4. Online access means accessible by means of an internet portal or link;
  5. Subscription Fee means the amount notified to you by AMPCo from time to time;
  6. Subscription Service means the online service that you have been authorised to access;
  7. Terms means the terms and conditions contained in this Agreement;
  8. 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
  9. www means the World Wide Web;
  10. You or yourmeans the Subscriber and includes the person who pays the Subscription Fee and the person responsible for using the service on your behalf.

14.2   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.

Multi-User Subscriber Terms And Conditions

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 12.

2. SUBSCRIPTION SERVICES

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

3. ACCESS AND USE

3.1   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 or the Authorised Users 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:

                              I.             only Authorised Users are able to access and use the Subscription Service by means of any computer system, network or internet portal that is owned, operated or controlled by you or on your behalf;

                           II.             any and all access and use of the Subscription Service by the Authorised Users is in accordance with these Terms;

                        III.             any unauthorised access or use of the Subscription Service is immediately notified to us;

                        IV.             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;

                           V.             you shall not knowingly allow any person other than an Authorised User to access or use the Subscription Service;

                        VI.             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;

                     VII.             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

                  VIII.             you shall not assign or sub-license any licence granted under these Terms.


3.3   You agree that you shall not, and shall use your best endeavours to ensure that any Authorised Users do 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. In particular, you agree that you shall not use any or all of the Works to compile a mailing list, send multiple copies of a communication, complete an electronic or physical Mail Merge or otherwise use the Works for any form of promotion, marketing or sales.

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 12.

3.5   In the event that you wish to access various areas or sections of a Website, AMPCo may issue to each Authorised User 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 IP Access 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 IP Authorisation, 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 to any unauthorised user/s;
  4. you shall not disclose the Login to any other person who is not an authorised user;
  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 where you are not an authorised user of that subscription as appointed by the administrator.


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

  1. revoke, vary, suspend or cancel the Login IP Access;
  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, and you must ensure that Authorised Users do not, use the Website, or post any material on the Website, 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.

 

  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.
  2. If AMPCo, or any person, makes available or introduces to you or any Authorised User 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.
  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. NO PERMISSION TO USE WORKS

  1. AMPCo makes information available on the World Wide Web for professional referrals and personal contact with referrals and health professionals and institutions.
  2. 5.2 You may only use and permit use of Works to look up entries on screen. The user may not otherwise copy or reproduce, or permit the copying or reproduction of, part or all of the Works.
  3. Notwithstanding the restrictions on use of the Works referred to in this clause 5, you may make temporary electronic copies of the Works that are necessary to browse the Website and may print single copies of Works from the Website for non-commercial personal use provided you do not remove any copyright or trade mark notices contained on or in the Works.

6. REPRODUCTION AND COMMUNICATION FOR OTHER PURPOSES

  1. No further reproduction or distribution of the Works in whole or in part is permitted without the express written agreement of AMPCo.
  2. AMPCo may make mailing lists and directory information available for approved communication purposes based on separate commercial terms and conditions.
  3. To seek permission to use the Works (or part of them) send an email to mda@ampco.com.au .
  4. 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. 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
    E-mail:     info@copyright.com.au .

7. PROVIDING FEEDBACK ON WEBSITE

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 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.

8. ACKNOWLEDGEMENT, WARRANTY AND LIABILITY

8.1   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. We do not provide information on doctors and other directory listees who have specifically requested that their details not be published (excluding services used exclusively by us and the AMA);
  3. The Subscription Services includes security features (such as fictitious names and addresses) designed to help enforce AMPCo's rights in the event of misuse by a user or breach of these Terms;
  4. Although we have taken all reasonable steps to ensure that the Works are accurate, we do not make any warranties about the Subscription Services or Works, including without limitation any warranty that the Works or Subscription Services are complete or error-free;
  5. 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.

8.2   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 websites 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 websites that may be referred to on the Website.

8.3   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.

8.4   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.

8.5   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;

8.6   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 8.5 or the aggregate amounts paid by you in respect of those goods or services to us.

9. YOUR WARRANTIES

9.1 You warrant that the Subscription Fee paid or to be paid by you to AMPCo is the correct Subscription Fee that applies to you. 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 for the relevant year;
  2. the correct nature of your enterprise;
  3. the correct and up to date aggregate number of concurrent users; and
  4. the duration of the licence sought by you.

10. INDEMNITY

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 AMCPO related to or in any way connected with any use of the Subscription Service by you or 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 and provided that you did not cause, knowingly assist or condone the continuation of such breach to continue after becoming aware of an actual breach having occurred. This indemnity shall survive the termination of these Terms.

11. PRIVACY

11.1   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.

11.2   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.

11.3   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).

12. TERMINATION

12.1   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 or an Authorised User breaches any term or condition of these Terms and fails to remedy such breach to our satisfaction within seven (7) days of notification from us.

12.2   On termination of these Terms:

  1. you must not access or attempt to access the Subscription Service of the Website;
  2. you must use your best endeavours to ensure that the Authorised Users do not access or attempt to access the Subscription Service of the Website;
  3. you must destroy any physical or electronic copy of any part of the Works in your possession; and
  4. we may immediately deny any or all of the Authorised Users access to the Subscription Service of the Website, or any other part of the Website, at our sole discretion.

12.3   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.

13. GENERAL

  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.
  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.
  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.
  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 of those rights operate as a waiver of any subsequent breach.
  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.

14. DEFINITIONS

14.1   In these Terms:

  1. Agreement means these Terms;
  2. Authorised User has the meaning given to that expression in clause 14.3;
  3. 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;
  4. Mail Merge means any process that makes more than one copy of a letter, email ,fax or any other communication from a list that contains more than one record.
  5. Online access means accessible by means of an internet portal or link;
  6. Subscription Fee means the amount notified to you by AMPCo from time to time;
  7. Subscription Service includes the product known as Masterlink, and also extends to any other service that may be offered by AMPCo from time to time and for which a Subscription Fee is payable by the user. For the sake of clarity, in respect of any particular subscription, the Subscription Service only includes that part of AMPCo's Subscription Services that you have paid for.
  8. Terms means the terms and conditions contained in this Agreement;
  9. 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
  10. www means the World Wide Web;
  11. You or yourmeans the Person who pays the Subscription Fee and includes any Authorised User.

14.2   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. 14.   In these Terms:

  1. in the event that you are a corporation, an "Authorised User"means your:
    1. employee;
    2. officer; or
    3. director;
  2. in the event that you are a university or educational institution established by an Act of the Parliament of a State or Territory or by the Commonwealth of Australia, an "Authorised User" means an:

                               i.             employee of;

                             ii.             staff member of;

                           iii.             officer of;

                           iv.             director of;

                             v.             person holding an academic position with;

                           vi.             student duly enrolled with; or

                         vii.             person who has been duly granted access to academic resources including, without limitation, library resources by you; and

                        in the event that you are a body or department of a State or Territory or the Commonwealth of Australia, an "Authorised User" means an:

                                 i.             employee;

                               ii.             officer, or office holder;

                             iii.             director; or

                           iv.             minister of you.

MasterLink Counts Subscriber Terms And Conditions

1. DURATION

These Terms commence on the date of first use of the Subscription Service or the Masterlink Count Service (whichever is earlier) and continue in full force and effect until the Masterlink Count Service is terminated in accordance with the terms of this Agreement.

2. MASTERLINK COUNT SERVICES

We grant you a licence to use the Masterlink Count Service subject to and in accordance with these Terms. If we also provide you with a Subscription Service then these terms apply in conjunction with the terms and conditions applying to the Subscription Service.

3. ACCESS AND USE

3.1   Your access to and use of the Website is conditional on your acceptance of these Terms. If you do not accept these Terms 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 this Masterlink Count Service by you shall be in accordance with:

    1. these Terms;

    2. any notices displayed on the Website from time to time;

    3. any applicable Subscription Terms; and

    4. 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:

                              I.             any unauthorised access or use of the Masterlink Count Service is immediately notified to us;

                           II.             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;

                        III.             You shall not knowingly allow any other person to access or use the Masterlink Count Service unless that person is using the service on your behalf;

                        IV.             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 Masterlink Count 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;

                           V.             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

                        VI.             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   You agree that:

  1. the creation of an account 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 an account login name which should be a valid business email address; and

    2. provisional password which should be replaced with a password created by you. The Login is non-transferable unless given to a person who is using the subscription on your behalf;

  3. you shall not disclose the Login to any other person;

  4. you shall keep the details of the Login safe and confidential;

  5. you accept all liability for any activities whatsoever conducted using the Login that is issued to you under clause 3.5; and

  6. 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 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.


3.6   You must not use the Website, or post any material on the Website, 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; and

  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

  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.

  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.

  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. NO PERMISSION TO USE WORKS

  1. AMPCo makes information available on the World Wide Web for professional referrals and personal contact with referrals and health professionals and institutions.

  2. You may only use and permit use of Works to generate counts on screen.

6. REPRODUCTION AND COMMUNICATION FOR OTHER PURPOSES

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

  2. AMPCo may make mailing lists and directory information available for approved communication purposes based on separate commercial terms and conditions.

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

  4. 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. 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
    E-mail: info@copyright.com.au.

7. PROVIDING FEEDBACK ON WEBSITE

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 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.

8. ACKNOWLEDGEMENT, WARRANTY AND LIABILITY

8.1   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. We do not provide information on doctors and other directory listees who have specifically requested that their details not be published (excluding services used exclusively by us and the AMA);

  3. Although we have taken all reasonable steps to ensure that the Works are accurate, we do not make or give any warranties about the Masterlink Count Services or Works, including without limitation any warranty that the Works or Masterlink Count Services are complete or error-free;

  4. 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.

8.2   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 websites 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 websites that may be referred to on the Website.

8.3   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.

8.4   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 Masterlink Count Services, the Works or the Website; and

  3. AMPCo does not warrant or guarantee the accuracy, completeness, merchantability, or fitness for purpose of the Masterlink Count Service, the Works, or the Website.

8.5   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;

8.6   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 8.5 or the aggregate amounts paid by you in respect of those goods or services to us.

9. INDEMNITY

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 Masterlink Count 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 send communications regarding product updates, marketing and promotional information.

  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, 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. we agree; or

  2. you breach any term or condition of these Terms and fail to remedy such breach to our satisfaction

11.2   On termination of these Terms:

  1. you must not access or attempt to access the Masterlink Count Service on the Website;

  2. we may immediately deny you access to the Masterlink Count Service or any other part of the Website, at our sole discretion; and

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

  1. These Terms and the documents referred to in the Terms, supersede all prior agreements, arrangements and undertakings between the parties and constitute the entire agreement between the parties relating to the Masterlink Count Service.

  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.

  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.

  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 of those rights operate as a waiver of any subsequent breach.

  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. Masterlink Count Service means the service that provides numeric search results only and does not provide any personal or identifying details of medical practitioners.

  4. Online access means accessible by means of an internet portal or link;

  5. Subscription Service means any online general (single or multi) subscription service that you have been authorised to access;

  6. Terms means the terms and conditions contained in this Agreement;

  7. Works means report or data provided to you as part of the Masterlink Count Service; and

  8. www means the World Wide Web;

  9. You or your means the Subscriber or any other user of the Masterlink Count Service.

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.

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