Terms of Use

These Terms of Use (‘Terms’) govern your use of our website located at www.AustralianHealthcareIndex.com.au (‘the Website‘). The Website is owned and operated by Healthengine Limited of PO Box 7754, Cloisters Square PO, WA 6850, Australia (‘H.E.‘).

We encourage you to review these Terms carefully. By accessing or using the Website in any way, you acknowledge and confirm that you have read and understood these Terms and agree to abide by these Terms. If you do not agree to any of the Terms, you may not use the Website.

Licence to Use Website

1.1 H.E. grants to you a limited, revocable right to access and use the Website and to print pages therefrom for personal, non-commercial or informational purposes only. Use of any automated system or software, whether operated by a third party or otherwise, to extract any data from this website for commercial purposes (“screen scraping”) is strictly prohibited.

1.2 Except as permitted under these Terms and applicable laws, no part of the Website may be otherwise reproduced, adapted or transmitted in any form by any process without the specific written consent of H.E.

Copyright in Website Content

2.1 Copyright in all content contained on the Website, including but not limited to text, drawings, photographs and page layout, subsists under, and is protected by, the Copyright Act 1968 (Cth) and international copyright laws and, unless stated otherwise, is owned by H.E. or used by H.E. under licence.

H.E. Trade Marks

3.1 Unless otherwise indicated, the HealthEngine® logo appearing on the Website are trade marks belonging to H.E. Any use of these trade mark without the prior written consent of H.E. is a breach of the Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited.

3.2 Third party trade marks may appear on the Website and all rights therein are reserved to the registered owners of those trade marks.

Linking to the Website

4.1 H.E. grants to you a limited, revocable, non-exclusive right to create a hypertext link to the home page of the Website, provided that H.E. is notified of, and approves, such hyperlink and such hyperlink does not portray H.E. or its products in a false, misleading or otherwise illegal or offensive manner.

4.2 You may not make any part of the Website available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the Website into another site without the prior written consent of H.E.

4.3 You will be liable for any direct or indirect consequences of hyperlinking or framing and will fully indemnify H.E. in respect of any loss or damage suffered by HE in respect thereof.

Linked Third Party Websites and Information

5.1 The Website may contain links to third party information and products. Such content and links are not owned, operated or maintained by H.E. nor are they affiliated or associated with H.E. in any way, unless indicated on the external site.

5.2 H.E. is not responsible for the content of any third party material appearing on the Website or any third party sites linked to the Website. Such information, advertisements or links are purely for information purposes only and are not endorsements by H.E. as to the quality, accuracy or completeness of the third party information or sites.

5.3 If you decide to access any of the third party services or websites advertised or linked, you do so entirely at your own risk and, as far as lawfully possible, H.E. accepts no liability or responsibility for the actions or omissions of users of the Website or linked sites in relation to the content contained therein.

User Submissions & Testimonials

6.1 Subject to its legal obligations with respect to privacy, any material, information or testimonials submitted to H.E. and posted on the Website will be considered as having been voluntarily submitted for use by H.E. and as non-confidential and non-proprietary information and H.E. is free to use such information on the Website and otherwise at its sole discretion, whether for commercial or non-commercial purposes and without liability or compensation to any person or entity.

Limitation of Liability

7.1 All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms that are not contained in these Terms, are excluded to the maximum extent permitted by law.

7.2 While H.E. takes all reasonable care to include accurate and up-to-date information on the Website, the information provided should not be relied upon as being error free or accurate and H.E. makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the Website, nor does it accept any responsibility arising in any way for errors or omissions.

7.3 As far as lawfully possible, H.E. accepts no liability or responsibility for the actions or omissions of any users of the Website in relation to the content contained herein.

7.4 All information provided on the Website is general in nature and does not constitute medical or any other form of advice and is provided ‘as is’ without warranty of any kind, express or implied, to the fullest extent possible under law.

7.5 In no event will H.E. be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website, (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.

7.6 H.E. is not responsible for the deletion, failure to store, misdelivery, or untimely delivery of any material accessed through the Website or external sites and will not be liable for any damage or loss whatsoever resulting from any users downloading or accessing any information or material through the Website.

7.7 H.E. does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website (including hypertext links to external sites if any) for any reason whatsoever.

7.8 H.E. does not guarantee that files or programs executed and/or downloaded from this Website or provided via this Website are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and H.E. is not liable for any such damage or interference which may be suffered in connection with use of the online services.

7.9 H.E. does not guarantee the security of any information sent to the Website via the Internet and such information is sent at the transmitter’s own risk.

7.10 H.E. does not endorse the content of advertisements appearing on the Website and has no liability in respect thereof.

7.11 These Terms apply except to the extent of any inconsistency with any applicable law (including consumer protection laws such as the Australian Consumer Law), in which event such law will prevail to the extent of the inconsistency. If any provision of these Terms is void, illegal, invalid or unenforceable, the Terms will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable. For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify your rights including under consumer protection laws such as the Australian Consumer Law which cannot be excluded, restricted or modified.

Changes to the Website

8.1 H.E. reserves the right to revise, change, modify or delete the content of any part of the Website, including any product available through the Website, at any time in its sole discretion and without prior written notice.

8.2 H.E. reserves the right to terminate or restrict access to the Website or modify, suspend or cancel any of the online services provided via the Website at any time without notice.

Updates

9.1 H.E. reserves the right to revise, change or modify these Terms at any time by posting new Terms on the Website. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website to review the current Terms by which you must abide.

Privacy

10.1 H.E. will not collect any personal information about you from your use of the Website, except where you have provided such information to H.E.

10.2 In providing any personal information to H.E. via the Website, you agree to H.E. handling that personal information as described in its Privacy Policy.

10.3 You warrant that you have obtained the consent of any third person whose personal information you post to the Website.

10.4 H.E. may change its Privacy Policy from time to time at its discretion and without notice. If any such changes are made, H.E. will make all reasonable efforts to bring those changes to the attention of its Users.

Applicable Laws

11.1 These Terms of the Website are governed by the laws of the State of Western Australia.