Terms and conditions
This Web Site, together with and including all Content thereon, wherever from or however derived and including all Content on the myDr Web Site (the "Web Site") is not a substitute for independent professional advice from your qualified health care professional. The following information sets out the conditions of use, general disclaimer and copyright conditions of the Web Site. All information on the Web Site is intended solely for Australian residents and is of a general nature and for information purposes only. By accessing, viewing or using the Web Site you:
(a) warrant that you are an Australian resident and are accessing the Web Site from within Australia;
(b) acknowledge that you will not rely on any of its Contents, but will treat the information as being only of a general and informational nature; and
(c) otherwise acknowledge, accept and agree to abide by these terms and conditions.
Dr Me Pty Ltd, the operator of the Web Site, its affiliates, business partners and their respective employees, officers, agents and contractors ("Dr Me") reviews all Content provided by it but makes no representation nor warranty that all Content or information is complete, up-to-date or appropriate. Content and associated interactions contained in this Web Site are not intended to be used to diagnose, treat, cure or prevent any disease or for therapeutic purposes. No person should act in reliance on any statement contained in the Content provided and at all times should obtain specific advice from a qualified health care professional. Dr Me does not accept any liability for any injury, loss or damage incurred by use of or in reliance on the Content provided through the Web Site whether arising from negligence or otherwise.
All rights reserved. Dr Me, Australia 2016.
1. Web Site information is intended for residents of Australia only
Content on the Web Site is intended solely for residents of Australia. If you are not a resident of Australia you may not access or use the Web Site.
2. This information is not intended to replace the advice of your qualified healthcare professional
This Content is of a general nature only and is not intended as a substitute for the advice of a qualified healthcare professional. No person should act in reliance on any statement contained in the Content provided on the Web Site and at all times should obtain specific advice from a qualified healthcare professional.
3. Quality of the information
Dr Me and its affiliates and business partners have made reasonable efforts to ensure that all Content provided by it is accurate and up-to-date. However they cannot guarantee and assume no legal liability or responsibility for the accuracy, currency or completeness of any information. To the extent permitted by law, Dr Me, its affiliates, business partners and their respective employees, officers and agents exclude all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the Content contained in or provided through the Web Site. You acknowledge that use of the Web Site is entirely at your own risk.
4. This information complies with Australian regulations only
Dr Me recognises the global nature of the Internet and also recognise that the pharmaceutical industry is subject to country-specific health legislation with regard to the information which may be provided. Dr Me has used its best endeavours to ensure that the Content contained on the Web Site complies with specific Australian health regulations and codes of practice. However, Dr Me takes no responsibility for the accuracy or legal compliance of the information contained in advertisements or on the sub-sites owned or administered by third parties and hosted by Dr Me. Dr Me also recognises that the availability of pharmaceutical products varies around the world. Products referred to on this Australian site may not be available or permitted in other countries.
5. Third Party Liability
Dr Me accepts no responsibility nor liability for the Content shown or advice given by third parties, including third parties with web sites hosted or affiliated with Dr Me. These terms and conditions extend to your use of those web sites. The Web Site may also contain links to other web sites which are external to the Web Site for your benefit. These linked web sites are not under the control of Dr Me and Dr Me accepts no responsibility nor liability for the conduct of third parties (whether or not associated with the Web Site), nor for the Content of other sites or their privacy practices. We recommend that you carefully read their terms and conditions including their privacy policies, especially if you are asked to supply personal information to those sites. The Web Site privacy statements and disclaimers apply solely to information collected by the Web site.
Links to external web sites are for convenience only and are not a guarantee or endorsement of those web sites or the products or services offered by such web sites. Views or recommendations provided in linked sites do not necessarily represent the views of Dr Me.
6. Medicines Information
Consumer Medicines Information is provided by MIMS Australia and hosted by Dr Me on behalf of the pharmaceutical companies. All copyright and responsibility for the information included is that of the corresponding pharmaceutical company. No responsibility is taken by Dr Me or its agents or servants for the information contained within the Consumer Medicines Information. The publisher and its servants or agents shall not be responsible for the continued currency of the information or for any errors, omissions or inaccuracies in these listings whether arising from negligence or otherwise, or for any consequences arising there from.
7. Web Site Linking Policy
myDr does not engage in reciprocal links with other websites, however other websites are welcome to link to myDr.
Framing myDr Content
All Content on the Web Site is copyright and we do not grant permission for anyone to copy Content from the Web Site to their own web pages. Similarly, myDr does not permit other web sites to present Content from myDr in a frame unless those websites have licensed that Content from Dr Me.
Users may print a single copy of articles or other items of Content for personal use. No further reproduction or distribution of the Content in whole or in part should proceed without permission of the Editor.
8. General Information and Waiver
You agree that these terms and conditions and Your access to the Web Site are governed by the laws of Victoria and You agree to submit to the exclusive jurisdiction of the Courts located within the State of Victoria for any disputes.
You acknowledge that these terms and conditions constitute the entire agreement between You and Dr Me and govern Your use of the Web Site superseding any prior agreement between You and Dr Me.
You may also be subject to additional terms and conditions that may apply when You use or purchase other services from Dr Me.
The failure of Dr Me to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver or any such right or provision. If any provision of the terms of service is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court shall endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the terms and conditions shall remain in full force and effect.
You indemnify Dr Me against any losses or damages caused by downloading Content from the Web Site which contains viruses, worms, Trojan horses or other destructive codes of any form.
9. Member Account, Password and Security
As You are aware, there are certain parts of the Web Site which are restricted to member only access.
You will receive a password, user name and account designation upon completing the Web Site registration process. You are responsible for maintaining the confidentiality of Your user name, the password and account and You are fully responsible for all activities that occur under Your user name, password and account.
You agree to:
(a) immediately notify the Web Site of any unauthorised use of Your password or account or any other breach of security; and
(b) ensure that You exit from Your account at the end of each session.
Dr Me cannot, and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
10. Your Conduct
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You are responsible for all Content that You upload, post, email, transmit or otherwise make available via the Web Site. Dr Me does not control the Content posted by You and other members via the Web Site, and as such does not guarantee its accuracy, integrity or quality. You understand by using the Web Site You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Dr Me be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for 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 the Web Site.
You agree not to use the Web Site to:
(a) Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or ethnically otherwise objectionable.
(b) Harm minors in any way.
(c) Impersonate any person or entity including, but not limited to a Dr Me representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site.
(e) Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or contractual or fiduciary relationship.
(f) Upload, post, email, transmit or otherwise make available any Content that infringes any Intellectual Property Rights of any other party.
(g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising or promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
(h) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any computer code files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(i) Interfere with or disrupt the Web Site or servers or networks connected to the Web site or disobey any requirements, procedures or policies or regulations of networks connected to the Web Site.
(j) Intentionally or unintentionally violate any applicable local, state, national or international law.
(k) Stalk or otherwise harass another.
(l) Collect or store personal data of other users.
(m) You confirm that any Content which includes personal information, such as images of patients, has been obtained with all the necessary consents and waivers from those patients for the display of this information on the Web Site.
(n) You acknowledge that Dr Me may not pre-screen Content provided by members, but Dr Me retains the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Web Site. Without limiting the foregoing Dr Me has the right to remove any Content provided by members that violates the terms and conditions or are otherwise objectionable. You agree that You must evaluate and bear all risks associated with the use of any Content provided by members, including any reliance on the accurateness, completeness or usefulness of such Content provided by members.
(o) You acknowledge that by disclosing information in accordance with the terms and conditions of use for the Web Site you are indemnifying the Web site and Dr Me from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.
You acknowledge, consent and agree that Dr Me may access, preserve or disclose Your account information in Content if required to do so by law, or in good faith believes that such access, preservation or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce the terms and conditions the servers seek;
(c) Respond to any claims that any Content violates the rights of third parties;
(d) Respond to Your request for customer service; or
(e) Protect the rights and property of Dr Me and its users.
You understand that technical processing and transmission of the Web Site including Your Content may involve:
(a) transmissions over various networks; and
(b) changes to conform to technical requirements of connecting networks or devices.
You understand that the Web Site may include security components that permit digital materials to protect it and the use of these materials is subject to usage rules set by Dr Me and/or Content providers who provide Content to the service. You may not attempt to override or circumvent any of the usage rules embedded in the Web Site. Any unauthorised reproduction, publication, further distribution or public exhibition of materials provided on the Web Site in whole or in part is strictly prohibited.
11. Web Site Advertising
The Web Site carries Paid Display Advertisements in accordance with the following rules and the Web Site’s Advertising Policy which is displayed on the Web Site:
(a) to apply for a Paid Display Advertisement contact the Advertising Manager by email: firstname.lastname@example.org or telephone 1300 88 60 77.
(b) Dr Me will use its reasonable endeavours to publish your Paid Display Advertisement in accordance with the information you provide to us in accordance with sub-clause 11.1(a);
(c) Dr Me may, in its absolute discretion, refuse or withdraw your Paid Display Advertisement from publication. A binding contract between You and Dr Me will only occur when Dr Me accepts Your Paid Display Advertisement in writing or generates and sends to you a Tax Invoice for that Paid Display Advertisement. Nevertheless, Dr Me reserves the right to refuse or withdraw from publication any Paid Display Advertising at any time without giving reasons;
(d) You warrant to Dr Me that your Paid Display Advertisement does not breach or infringe
- any consumer laws;
- any Intellectual Property Rights of any other party including copyright, trademark, obligation of confidentiality or other personal or proprietary information;
- any laws regarding defamation, obscenity or contempt of any Court, Tribunal or Royal Commission;
- any anti-discrimination legislation, either State or Federal;
- any privacy legislation, either State or Federal;
- any other law which may be applicable to your Paid Display Advertisement such as laws regulating pharmaceutical products and therapeutic goods.
(e) You must not submit a Paid Display Advertisement for publication without complete contact details, including Your full name and Your street address.
(f) Your Paid Display Advertisement must comply with all our specifications in the myDr advertising booking form and Media Kit. Your Paid Display Advertisement may be rejected if not submitted in accordance with the specifications.
(g) If you wish to make a claim on Dr Me for credit, re-publication or other remedy in respect of a Paid Display Advertisement, you must send the claim to us in writing no later than twenty-give (25) days after the date of the Tax Invoice or date of publication for the Paid Display Advertisement, whichever is the earlier. Dr Me will only investigate complaints during normal business hours and will, in its absolute discretion, resolve your complaint.
(h) You must pay for the Paid Display Advertisement in accordance with the Display Rates.
(i) If Dr Me is liable by law for any GST on any Primary Payment, You must pay to Dr Me the amount of GST.
(j) You must pay to Dr Me an amount in respect to any GST that You are required to pay under these terms and conditions at the same time and in the same manner as You are required to pay for the Primary Payment to which the amount of GST relates.
(k) Dr Me must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
(l) If Dr Me refunds to You any amount under these terms and conditions, Dr Me must also refund to You an amount in respect of any GST that You paid in respect of that amount.
(m) You must pay for the Paid Display Advertisement within thirty (30) days after the date of the Tax Invoice.
(n) A Paid Display Advertisement will only appear for as long as it has been booked.
(o) All cancellations must be made in writing and must be made nine (9) days prior to the publication date. Cancellations can be made by contacting the Advertising Manager by email: email@example.com or by fax.
(p) You acknowledge that by disclosing this information in accordance with the terms and conditions for the Web Site, you are indemnifying the Web Site and Dr Me from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.
(q) You warrant that if Your Paid Display Advertisement contains any Content which is the name, or photographic or pictorial representation of any living person or anything by which a living person can be identified, You have obtained the consent of the person involved to use that Content.
12. Security of the Web Site
The Internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. Dr Me accepts no responsibility or liability for interference with transmissions or any consequent loss or liability caused to the user.
13. Limitation of Liability
To the extent permitted by law, Dr Me excludes (and to the extent that such exclusion is prohibited, limits to the maximum allowable extent) any and all loss, costs, damages or expenses of whatsoever nature (whether direct, indirect, incidental, consequential or otherwise) including, but not limited to, loss of profits, loss of savings or other incidental or consequential damages arising out of, relating to or connected in any manner whatsoever with your use of the Web Site. In the event that such liability cannot be excluded, Dr Me limits its liability to, at its option:
(a) in the case of goods:
- (i) the replacement of the goods or the supply of equivalent goods;
- (ii) the repair of the goods;
- (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
- (iv) the payment of the cost of having the goods repaired;
(b) in the case of services:
- (i) the supplying of the services again; or
- (ii) the payment of the cost of having the services supplied again.
14. The Content of the myDr Web Site and its affiliates is copyright
All rights reserved. In particular, no alterations, additions or adaptations of this Web publication are permitted without written consent from the publisher.
Dr Me makes every effort to contact copyright holders of photographs, illustrations, images and Content. If a work in copyright has been inadvertently included, Dr Me apologises to those concerned. Should the copyright holder prefer that the work not be made available on the Web Site, please contact Dr Me in writing and the Web Site will be amended.
This Web Site displays photographs and images that are posed by models and in no way does Dr Me or its affiliates suggest that the people portrayed in those images are linked to any disease or condition.
"Advertising Manager" means the Advertising Manager appointed by Dr Me who is responsible for paid display advertising and can be contacted on (firstname.lastname@example.org).
"Billing Details" means the section of the myDr Advertising Booking Form where You provide us with information so that we can issue a Tax Invoice to You for the Paid Display Advertisement.
"Content" means any information, data, text, software, music, sound, photographs, graphics, video messages or other material.
"Display Rates" means the Paid Display rates specified in the Rate Card.
"Editor" means the Editor appointed by Dr Me who is responsible for the Web Site and can be contacted on (editorial@myDr.com.au).
"GST" means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature.
"Input Tax" means an amount equal to the amount of GST paid or payable for the supply for anything acquired.
"Issues and Deadlines" means the issues and deadlines identified and specified in the myDr Advertising Booking Form.
"Media Kit" means the brochure describing the Web Site traffic and demographics which includes the Rate Card.
"myDr Advertising Booking Form" means the booking form provided by the Advertising Manager for Paid Display Advertisements.
"Paid Display Advertisement" means an advertisement submitted by You which contains graphics and/or images and paid for in accordance with these terms and conditions.
"Primary Payment" means any payment by You to Us of any fees or other amounts payable by you to us under these terms and conditions.
"Rate Card" means the advertising rate card referred to in the Media Kit.
"Size" means the size of the Paid Display Advertisement as specified on the myDr Advertising Booking Form.
"Tax Invoice" means an invoice in the format required by the law and which also shows the amount of GST payable by you in respect of the relevant Primary Payment.
"Third Party", "Third Parties" means anyone including individual doctors, health care professionals, medically based associations or charities, and health associations.
"You" means anyone, including members, accessing this Web Site.
© Dr Me, Australia 2016. This publication is copyright. Subject to the provisions of the Australian Copyright Act 1968 and its Amendments, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any means (including electronic, mechanical, microcopying, photocopying, recording or otherwise) without the written permission of the publisher.
Published by Dr Me, Level 2, 105-115 Dover Street, Cremorne VIC 3121.
Telephone: 1300 88 60 77
Fax: +61 3 8679 4446
Last revised: 25/10/2016