Terms, Conditions and Policies

Terms of Use

Please read and review these Terms, Conditions and Policies carefully before accessing or using the Surgery.com.au website (also referenced as Surgery). By accessing or using this site, you acknowledge that you have read, understood and agreed to all Terms, Conditions and Policies as updated by Surgery. If you do not agree to the Terms & Conditions, you may not access or use the Site. Surgery may modify these at any time, and such modifications shall be deemed effective immediately upon posting on the Site. Any continued use of the Site shall be deemed conclusive of your acceptance of the modified Terms, Conditions and Policies.

Terms and Conditions

The Site may contain information relating to various professions or industries. The product related information on this Site is not legal or medical advice and should not be relied upon by any particular individual or for any specific purpose as Surgery.com.au is not a law firm. Any legal questions should be referred to your legal professional. If in doubt, please seek legal advice. Through your access to and use of the site, you accept, without limitation or qualification, the Terms & Conditions set forth.

Use of Site

You may freely browse the Site and may freely download material therein. Any and all downloaded materials may only be used by you for personal, non-commercial use. You may not distribute, modify, transmit, reuse, repost or use any of such materials for public or commercial purposes, without the express written permission of Surgery.

Limitations on Access

Except as otherwise expressly permitted by Surgery, any access or attempt to access other areas of the Surgery computer system, database or other information contained on the system for any purpose is strictly prohibited. You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Surgery’s infrastructure.

Forward Looking Statements

This Site may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen.

Timeliness of Information

Surgery uses reasonable efforts to include accurate and up to date information in the Site, however, since information changes so quickly, Surgery is unable to make any warranties or representations as to its accuracy. TO THE EXTENT PERMITTED BY LAW, NEITHER Surgery NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR, OR MAKE S ANY WARRANTIES OR REPRESENTATIONS AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE.

Liability

Your use of the Site is at your own risk. In no event shall Surgery or any other party involved in creating, producing or delivering the Site be liable for any damages (including, without limitation, direct, incidental, consequential, indirect or punitive loss or damages, or damages resulting from lost profits, lost data, damages or business interruption) arising out of your access to, use of or inability to access or use, the Site or errors or omissions in its content as well as the use or misuse of any products listed on the site.

Without limiting the foregoing, everything on the Site is provided to you “AS IS” without warranties of any kind, either express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. All users access and use this Site and its content at their own risk. Surgery does not accept responsibility for information on other sites, including those linked to this Site.

Indemnification

You agree to indemnify, defend and hold harmless Surgery, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, litigation, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you or us of these Terms & Conditions, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

Confidentiality

Subject to the terms and conditions set forth herein, our Privacy Policy, any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary information. Surgery, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further Surgery, and its affiliates, are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.

Trademarks

The trademarks, brand names, logos and related tag-lines and service marks (collectively, the “Trademarks”) displayed on the Site, whether or not appearing in large print or with the trade mark symbol (™), are registered and unregistered trademarks of Surgery, its affiliates, related companies or its licensors or joint venture partners.

Copyrights

Surgery grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the “Surgery Content”) on the Site solely for your personal, non-commercial use. Surgery may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Surgery Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, “Works”) are the intellectual property of Surgery. All rights reserved. Other than the limited grant of access to and viewing of the Surgery Content set forth above, Surgery grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of Surgery, is strictly prohibited.

Online Communications

Although Surgery may, from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Surgery is under no obligation to do so and assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site. Surgery assumes no responsibility for checking information posted in discussions, chats, transmissions, bulletin boards or the like on the Site for accuracy.

Protection of Personal LegalInformation

The My Account and User Profile allows you to record varying amounts of personal legal and financial information, on a voluntary basis, on servers maintained by Surgery or on its behalf. My Account is structured to allow access only to Account holders with a valid username and password. Whenever you submit or modify information, we will send such information over the Internet using encryption technology, Secure Socket Layer (SSL) software.

However, we do not warrant or represent that the information you submit will be protected against loss, misuse, or alteration by third parties in the event of a security breach. We will do everything within our power to remedy the effects of said breach. But you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password to My Account. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of My Account and your password; (3) promptly inform Surgery of any need to deactivate a password or change user information.

You grant Surgery and all other persons or entities involved in the operation of the Site and My Account and User Profiles the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of My Account. Surgery cannot and does not assume any responsibility or liability for any information you submit to My Account.

Operating Policy

You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. Surgery will fully cooperate with any law enforcement authorities or court order requesting or directing Surgery to disclose the identity of anyone posting any such information or materials.

Review of Communications

Surgery reserves the right, but is not obligated, to review communications and materials posted or uploaded to the Site, and to block, edit, add or remove communications or materials that it determines to be of an inappropriate nature or otherwise unacceptable to Surgery at its sole discretion.

Editorial Policy

Surgery reserves the right to alter or delete material from the Site at any time.

Void Where Prohibited

Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions. Surgery reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made in the materials on this Site is void where prohibited.

Miscellaneous

These Terms, Conditions and Policies and any other agreement that may be entered into by you and Surgery in connection with a specific product or service of Surgery, constitute the entire agreement between you and Surgery and supersede any and all other agreements, representations and understandings, whether written or oral. Surgery may modify or amend these Terms & Conditions and the Privacy Policy at any time without notice to you. You should regularly review these Terms & Conditions for any modifications or amendments to these Terms & Conditions as your continued use of the Site after a modification or amendment signifies your assent and agreement to these Terms & Conditions, as amended. These Terms & Conditions and your use of the Site and any products and services provided by the Site shall be governed by the laws of Victoria, Australia.