IMPORTANT LEGAL NOTICE
We reserve the right to change these Terms from time to time.
Effective Date: 26 May 2020
TERMS AND CONDITIONS OF USE
1. How you can access our website
1.1 Acceptance of terms
By accessing any part of the Website, you indicate that you accept these Terms. If you do not accept these Terms, you should not use or access the Website.
1.2. Revision of terms
We may revise these Terms at any time. You should check the Website regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that you use the Website.
1.3. Age restriction
The Website is only available to those individuals 16 years of age or older who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 16 years of age for whom they have legal responsibility. You are not permitted to use the Website if you are not 16 years of age or older unless you have the consent of your parent or guardian. Even if you have the consent of your parent or guardian, you may not use the Website if you are 13 years of age or younger.
2. Your licence to use our website
2.1. Permitted use
You are permitted to use the Website for your own personal non-commercial use on the following basis:
- You must not misuse the Website.
- Unless otherwise stated, the copyright and other intellectual property rights on the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with paragraph 6.1 is prohibited.
2.2. Limitation on use
Except as stated in paragraph 2.1., the Website may not be used, and no part of the Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service, without our prior written permission.
2.3. Reservation of rights
Any rights not expressly granted in these Terms are reserved.
3. Your access to our website
3.1. Website availability
While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable or otherwise not fully or properly functioning at any time or for any period.
3.2. Suspension of access
Access to the Website may be suspended temporarily at any time and without notice.
3.3. Information security
The transmission of information via any website like the Website is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
4. Your account
4.1. Username and password
If you create an account, you will be required to select a password. You are responsible for keeping your username and password secure and are responsible for all use and activity carried out under this username. You must not share, give or sell your username or password to any person or company. Excessive viewings or logins by you will be construed by us as fraudulent use of the Website, which may result in the immediate cancellation or suspension of your account without refund or notice. You must take all actions possible to protect your username and password from fraudulent use.
4.2. Account types
If you create an account, you will be required to select an account type – either an ‘Ostomate’ or a ‘Healthcare Professional’. Your account type may restrict the functionality of the Website. Your account type will be prominently displayed along with any post, submission, photo, video or other content uploaded or otherwise made available through the Website by you (Your Submissions).
4.3. Healthcare professional accounts
If you create a Healthcare Professional Account, you may be required to provide evidence to the satisfaction of Omnigon of your professional qualifications to verify your account. Omnigon reserves the right to approve or reject evidence of your qualifications for any reason. Omnigon may publish or otherwise state your qualifications on the Website and identify whether your professional qualifications have been verified. If you falsify or other mislead Omnigon as to the nature of your professional qualifications, you will breach these Terms and Omnigon may refer you to the appropriate authorities.
4.4. Personal information
5. Intellectual property
5.1. Ownership of intellectual property
The Website, including, without limitation, all design, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in the Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use the IP without our express prior written consent. You are not allowed to use, modify, adapt, translate, create derivative words of, decompile, disseminate, reverse engineer, merge or reproduce any of our IP for commercial purposes without obtaining a licence from us to do so.
5.2. Your submissions
You represent and warrant to us that, with regard to Your Submissions:
- you own or have the necessary licences, rights, consents and permissions to use, and irrevocably authorise Us to use, all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all of Your Submissions to enable their inclusion and use in the manner contemplated by us and these Terms;
- you hereby unconditionally assigns to Omnigon all current and future right, title and interest in and to Your Submission that you have free and clear of all encumbrances and third party rights, including but not limited to any moral rights you may have in Your Submission; and
- you have the written consent, release and/or permission of each and every identifiable person in Your Submissions to use their name or likeness to enable inclusion and use of Your Submissions in the manner contemplated by us and these Terms.
You agree that Your Submissions will not:
- include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these Terms;
- publish falsehoods or misrepresentations that could damage us or any third party;
- include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate; or
- post advertisements or solicitations of business.
5.4. Use of intellectual property
- We reserve the right, for any reason, to remove or not publish any or all of Your Submissions and to remove content posted by you without prior notice.
- You understand and acknowledge that, when you submit content in any form to the Website, we may authorise such content to be distributed or syndicated to or published on other Omnigon owned or operated environments or the web platforms of any of Our affiliates.
- You indemnify us, and will keep us indemnified, against any breach of this clause 5 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
- You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that the Website infringes your copyright, please contact us at email: email@example.com
- We acknowledge that all personal information provided by you remains your property.
6. Medical disclaimers
6.1. Information on the website
The Website include information and instructions relating to stomas, living with stomas and health and support advices in relation to them. You acknowledge and agree that the disclaimers in this clause 6 apply to all such information, instructions, products and services. All views expressed by account holders are made by the author and do not represent the views of Omnigon.
6.2. Omnigon is not a licensed medical practitioner
Omnigon and the Website do not provide medical advice and are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained on the Website. Before participating in any discussion or using any advice that may be described and/or made accessible in or through the Website, we strongly recommend that you consult with a medical practitioner or other healthcare provider. Unless otherwise stated, Omnigon, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any particular advice on your specific situation.
6.3. Information may not be up to date
Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however We give no guarantee or assurance whatsoever that the information or content that are part of the Website is the most recent on any particular subject.
6.4. You must seek qualified medical guidance
You should never disregard medical advice or delay seeking it because of a statement you have read or heard on the Website. Omnigon and the Website should not be used in lieu of specific advice given by qualified medical professionals, such as your doctor or stomal therapy nurse. It is important that the Website is used only in conjunction with qualified medical guidance. You are encouraged to consult with your healthcare provider with any questions or concerns you may have regarding your specific situation and your specific health condition in order to determine whether the Website is appropriate for you.
6.5. Risk of personal injury
We take reasonable precautions to ensure that the information on the Website is safe. However, you acknowledge and agree that, when following any advice on the Website, there is the possibility of physical injury, worsening of your current medical conditions or, in extreme cases, death. Given the disclosures and disclaimers by Us, you assume the risk and responsibility for any such results or outcomes.
6.6. Seek assistance if you experience side effects
If you experience any discomfort, pain or other unexpected side effect while following any directions you obtain through the Website, you must immediately cease the activity and seek the assistance of a suitably qualified professional.
7. Links to and from other websites
7.1. Third-party websites
Links to third-party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We do not review and do not control any of these third-party websites (and are not responsible or liable for the review or control of these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk. We do not represent or warrant that any third-party website, is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems.
7.2. Linking permission
You may link to the Website, provided that:
- you do so in a fair and legal way which does not damage or take advantage of our reputation;
- you do not establish a link from a website or other medium that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
- any website from which you link our Website to must comply with the content standards set out in these Terms;
- we have the right to withdraw linking permission at any time and for any reason.
8.1. Website information
We may make changes to the material on the Website, at any time without notice.
8.2. Service lists
Services listed on the Website are subject to change without notice.
8.3. Viruses and malware
We do not represent or warrant that the Website or any other material accessible from the Website, is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
8.4. Exclusion of terms
We provide you with access to the Website on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, as set out in the Schedule 1 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
9.1. Your rights
Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.
9.2. Exclusion of liability
Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of goodwill; or
- any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
9.3. Additional costs
You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
You agree to indemnify and hold Omnigon, its affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on an indemnity basis, made by any third party due to or arising out of your breach of these Terms, your use of the Website or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
10. Ending this agreement
10.1. When we can terminate
We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
- you have used the Website in breach of paragraph 2 (Licence);
- you have breached paragraph 4.2 (Links to and from other Websites); or
- you have breached any other term or condition of these Terms.
10.2. Obligations upon termination
Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
11. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email (if one has been provided) or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Additional terms
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.2. Entire agreement
These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
12.3. No waiver
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
12.5. Headings and explanations
You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer The headings and explanations in these Terms are included for convenience only and do not affect their interpretation.
13. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the law of Victoria. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) are subject to the exclusive jurisdiction of the courts of Victoria.