Last updated: 30 November 2017

Website terms and conditions of use

Welcome to www.diabetesqualified.com.au (the ‘Website‘). The Website provides users with accessible and relevant diabetes education, solutions and resources (the ‘Services’).

The Website is operated by Diabetes Qualified PTY LTD (ACN 609570694). Diabetes Qualified is a wholly owned subsidiary of Diabetes NSW & ACT. Access to and use of the Website, or any of its associated Services, is provided by Diabetes Qualified.

Diabetes Qualified may update these Terms and Conditions (the ‘Terms and Conditions‘) from time to time without notice. We will indicate at the top of this page the date that these Terms and Conditions were last revised. If the changes are material, we will take reasonable steps to inform you of any changes before the changes go into effect.

Additional Terms apply to some of our Services, to view them please see the following:

 

Use of your personal information

Diabetes Qualified takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Diabetes Qualified’s Privacy Policy, which can be found here.

 

Copyright and Intellectual Property

The Website, the Services and all of the related products of Diabetes Qualified are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Diabetes Qualified or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Diabetes Qualified, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

  1. use the Website pursuant to the Terms and Conditions;
  2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
  3. print pages from the Website for your own personal and non-commercial use.

Diabetes Qualified does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Diabetes Qualified.

Diabetes Qualified retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.

You may not, without the prior written permission of Diabetes Qualified and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms and Conditions. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

 

General Disclaimers

Nothing in the Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law.

Subject to this clause, and to the extent permitted by law:

  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms and Conditions are excluded; and
  2. Diabetes Qualified will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms and Conditions (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

Viruses

Use of this Website is at your sole risk. Diabetes Qualified cannot guarantee content is secure or free from bugs, viruses, errors and omissions. Users access the information at their own risk and are solely responsible for any damages caused to their computers, systems, hardware, software, data or files.

 

Health and medical information disclaimer

All information provided on this Website is intended to be a guide only for health professionals, the general public, people with diabetes, and their carers. It does not replace medical advice. Any concerns which visitors to the Website have about diabetes and its treatment, should be discussed with their doctor/health professional.

While best endeavours have been made to ensure the accuracy of the information on this Website, Diabetes Qualified will not be liable for the accuracy of that information or for any error or omission, or for any decisions made based on such information.

 

Links to third-party sites

The Website, including information provided in the Services, may contain links to information created and maintained by external organisations. Diabetes Qualified cannot guarantee the accuracy of the information provided on these external links and cannot be held liable for any use of this information.

Diabetes Qualified does not endorse or in any respect warrant any third party products or services by virtue of any information, material or content referred to or included on, or linked from or to this Website.

 

Limitation of liability

You expressly understand and agree that Diabetes Qualified, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 

 

Governing Law

The Terms and Conditions are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.

 

Severance

If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.

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