Terms and Conditions

1 Legal agreement and Definitions

  • 1.1 The portal “Doctorsweb.com.au”, hereinafter referred to as the “Portal” is the property of DOCTORSWEB LIMITED, a company registered in England under number 7850258 with its registered office is at 20 Ilex Close, Sonning Common, Reading RG4 9LG, Oxfordshire, United Kingdom.
  • 1.2 If you become a member of the Portal, an agreement between you and the Portal, comprising of these Terms and Conditions, and the Portal privacy policy will come into effect. Portal reserves the right to refuse to accept anyone as a member, without giving any reason.
  • 1.3 Portal may add to, modify or delete any of the Services it provides and the facilities available on it at any time.
  • 1.4 By using the Services, you must adhere to these Terms and Conditions, the Portal privacy policy, and all other documents referred to therein.
  • 1.5 Portal has the right to amend these Terms and Conditions or its Privacy Policy (or both) at any time, either by posting the change or the amended version on this Portal or by sending it by email. The amendment will take effect on the date of the posting or email.
  • 1.6 The following expressions are given meanings as set out below:
    • a) Agreement – an agreement concluded between you and the Portal at the moment you accept these Terms and Conditions (including Privacy Policy) and begin to use the Services
    • b) Service or Services – any and all services provided by the Portal, including in particular electronic storage, e-mail, eCases, MediPedia, Newsletter and other services as set out in these Terms and Conditions;
    • c) “information” or “material” – any information (including personal data), data, graphics, pictures, images (still or moving), text, literary or artistic work and any other material that you from time to time publish, store or transmit via the Portal.

2 Services

  • 2.1 The Portal intends to keep its Services available 24 hours a day, 7 days a week, however from time to time, it may restrict access to all or some of its Services without any notice, in particular for maintenance purposes, or if it suspects any breach of security, a breach of these Terms and Conditions, or any other unlawful use of this Portal or the Services. The Portal may, restrict the use of this Portal and any or all of the Services, or limit their availability.
  • 2.2 Access to and use of some the Services will depend on meeting certain criteria by the user, such as qualifications and their length. The Portal reserves the right, at its discretion, to introduce new criteria and to change any criteria at any time.
  • 2.3 The Portal reserves the right to remove the contents of a users email account. To ensure continued access to your Portal email account, use the email facility and access the Portal at least once every 90 days. Use of the email facility is defined as via the Portal or synched using POP, IMAP or webmail. Before deactivating your account the Portal will send you a warning to the alternative email address registered on your account, however it is your obligation to ensure that your account remains active. The Portal would encourage you to archive any sent or received email that you wish to keep.
  • 2.4 The Portal may without prior notice remove any material from this Portal and from any forum, and it does not undertake to keep or make available any material that has been posted to this Portal or to any forum for any period of time. It is advised to make a copy of any message or material that you wish to keep. The Portal reserves also the right to archive, make unavailable, modify or comment on any forum posting or thread within a forum, and to close individual forum without notice.
  • 2.5 The Portal may be also used by its users when both seeking employment or candidates for employees. Users willing to apply for certain job offers may be required to submit copies of documents proving their educational or professional credentials (degrees, diplomas, certificates, etc.) as well as proving their command of foreign language if applicable. Users seeking potential employees will be permitted to search the database for possible candidates and be able to contact such candidates via telephone or e-mail or directly through the Portal.
  • 2.6 The Portal provides also electronic storage services by granting certain amount of web-space to its users. Depending on the amount of capacity provided the service is either free of charge or paid in accordance with the rates published on the Portal.

3 Software requirements

3.1 The Portal shall use its reasonable endeavours to fully support the following browsers:

  • Windows XP, Vista and Windows 7: Firefox 4+ or higher, Chrome 23 or higher, Internet Explorer 6 or higher
  • Mac OS 10.4 or higher: Safari
  • iOS5.1 or higher: Mobile Safari
  • Android 2.3+ or higher: Chrome

If your browser is not in this list, then the Portal recommends upgrading to optimise the use of its Services.

4 Newsletter Services

  • 4.1 By using the Services of the Portal, you agree to receive a regular newsletter, (the Newsletter) distributed by email. The Newsletter will contain information carefully targeted to doctors' interests and their medical specialties as well as information and updates on the Services.

5 Users conduct

When accessing or using the Portal or any of the Services you must undertake the following:

  • 5.1 Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements
  • 5.2 Provide accurate information to us and update it as necessary
  • 5.3 Review and comply with our Privacy Policy
  • 5.4 Review and comply with notices sent by the Portal concerning the Services
  • 5.5 Use the Services in a professional manner
  • 5.6 Use your real name on your profile.
  • 5.7 Not to send unsolicited email, or send or post any message which is disruptive or which generates complaints.
  • 5.8 Not to post the same or similar messages multiple times in the same forum or in multiple forums.
  • 5.9 Not to flame, hack or obtain unauthorised access to any data or system.
  • 5.10 Not to post any message whose subject or content is unrelated to the subject matter of the forum to which it is posted.
  • 5.11 Not to post chain letters of any type, or files to forums not specifically named for that purpose.
  • 5.12 Not to obtain any information or material for any commercial purpose or post information or material for the benefit of any commercial venture; this includes advertising or attempting to sell items for personal gain.
  • 5.13 Not to obtain email addresses or any other information for marketing purposes
  • 5.14 Not to involve in any criminal or unlawful activity, also by posting any information or material.
  • 5.15 Not to harass any person. Harassment for the purposes of these terms and conditions includes being intimidating, threatening, abusive, hostile or otherwise offensive towards another person.
  • 5.16 Not to cancel or supersede any message or posting other than your own (unless authorised by the Portal to do so).
  • 5.17 Not to Introduce software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the Portal or any user of the Portal.
  • 5.18 at your own expense (subject to any special arrangements for you negotiated and introduced by the Portal with any service provider) obtain, install, and maintain suitable equipment and software and Internet access or connection services to access the Portal and the Services.
  • 5.19 Comply with all your obligations to third parties such as internet service and software providers.
  • 5.20 Make and keep back-ups of the material stored by you on our server, and accept that you (not the Portal) are responsible for the restoration of any material which is spoiled or lost.
  • 5.21 Not seek redress from the Portal if you suffer loss or damage, or if you are harmed, defamed or offended by material, information, products or other services which you accessed or obtained through or which were posted on this Portal or through any of the Portal Service.
  • 5.22 Not to post or send any libellous, defamatory, obscene, derogatory, menacing, offensive, pornographic, or indecent material to this Portal or via any of the Service. (Any comments posted that imply that another member is suffering from mental illness are considered to contravene these Terms and Conditions).
  • 5.23 Obtain all necessary permissions if you use this Portal or any of the service to receive, upload, download, display, transmit, distribute, perform or execute materials, programs or other works protected by intellectual property rights or rights of privacy or confidence.
  • 5.24 Obtain patient consent before posting any material on this Portal that includes identifiable or potentially identifiable case material.
  • 5.25 Comply with all applicable laws, regulations and conventions, including those related to privacy, personal data, international communications, or the export of technical data.
  • 5.26 Not to attempt to interfere with this Portal or any of the Services or any other service. (This includes, but is not limited to, "denial of service" attacks, "flooding" sites, deliberate attempts to overload any site and attempts to "crash" any website host.).
  • 5.27 Not to use any program, script or command which interferes with any person's use of any site or service.
  • 5.28 When participating in market research, provide accurate information to the best of your knowledge.
  • 5.29 Keep all passwords, PINs and user IDs secure and confidential and inform us immediately if you become aware of or suspect any unauthorised use or breach of security. You accept that we may suspend or change any password, PIN or user ID and that we may suspend any of the Services in the event of any actual or suspected breach of security.

6 Personal Data

  • 6.1 The Portal will use your personal data strictly in accordance with its Privacy Policy. Privacy is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that the Portal may process such information, within the terms of the Privacy Policy.
  • 6.2 No information posted to this Portal or provided by you via any of the Services shall be deemed as confidential. In order to avoid any doubts, it does not refer to emails, which are treated as confidential.
  • 6.4 The Portal is entitled block, delete or remove from this Portal and from any of the Services any and all information or material posted, sent or received by you at any time and without prior notice.
  • 6.5 of the has no obligation to monitor or moderate any forum, email or message, and as a rule it refrains from such actions. However if you have any complaint about any posting or email or message made or sent by a third party, please email office@doctorsweb.com.au immediately.

7 Third party Sites and Services

  • 7.1 If you purchase or acquire goods or services from any third party, even if directed from this Portal or by any of the Portal Service to them, such contract entered into with that third party and any use made of its site is a matter between you and that third party. The Portal bears no liability for the quality or type of services or goods provided by any third party it may mention on this Portal or to whom this site may be linked. You are responsible for evaluating whether you want to access or use a third party site. You should review any applicable terms or privacy policy of a third party site or service before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not.
  • 7.2 Any opinion, advice, statement, service, offer, or information or content provided or made by any third party on this Portal or via any of the Portal Service, or on any site to which this Portal is linked, is not of the Portal but of the author or provider. The Portal does not confirm, and it is not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or content.
  • 7.3 Where content or information on or services available via this Portal or any of the Portal Services have been supplied by a third party, the Portal does not control or confirm them in any way. All information, content and services supplied by third parties are provided to you in good faith however the Portal is not (to the extent allowed by the law) responsible for their accuracy or use.
  • 7.4 The Portal does neither represent or warrant on any other site or any services or goods provided by any third party, or any opinion, advice, statement, offer, information or content on any such site or made by any such party. The Portal has no control over their quality, content or availability. The Portal will not be liable for any loss or damage caused by or in connection with use of, or reliance on, any content, goods or services available on or through any other site.
  • 7.5 Any concern about any other website should be directed to that site's website administrator or webmaster.

8 Limitations of Liability

  • 8.1 The Portal will attempt to ensure that any information and content on this Portal or available through its Services that has not been supplied by a third party is accurate, however it makes no representation and gives no warranty that any information or content is accurate, up to date or complete. It accepts no liability for any loss or damage caused by inaccurate information or content.
  • 8.2 If you happen to find any inaccurate, outdated or incomplete information or content on this Portal or in any of the Services, or if you suspect an infringement of any intellectual property right, please immediately contact the Portal to help@doctorsweb.com.au.
  • 8.3 You should independently verify any information and content made available to you via this Portal or any of the Services before depending on it. Such information and content are not intended to address any particular requirements, do not constitute any form of advice or recommendation from the Portal and are not intended to be relied upon in making (or refraining from making) any decision. Such information and content on and through this Portal are not, and the Services are not, substitutes for the professional judgment. If you have not got enough experienced or qualifications to make that judgment, you should seek professional advice.
  • 8.4 The Portal, its content and the Services are provided on “AS IS” AND “AS AVAILABLE” BASIS. The Portal gives no warranty that this Portal, its content or any Service is free of error or will be available without interruption, or at all.
  • 8.5 To the fullest extent permissible under applicable law, the Portal and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non infringement.
  • 8.6 You bear all risk for using, and for any results obtained, or liability incurred, by or as a result of accessing this Portal or any of the Services.
  • 8.7 The Portal is not liable for any third party's information, programs, products or services, whether or not the Portal has negotiated special terms for the provision of the same to its members. If you access or use any information on this Portal that has been supplied by a third-party, you will be bound by any additional terms and conditions specified by that third party. You agree to read those additional terms and conditions before accessing or using such third party information and not to access or use that information you do not accept those additional terms and conditions. You should always read the relevant terms and conditions before accessing any information.
  • 8.8 The Portal does not guarantee the prevention of the loss of, alteration of, or improper access to, any information or computer systems. The Portal is not responsible for invalid destinations or transmission errors in, the corruption of, or the security of information or messages on this Portal or transmitted using any of the Service or carried over any telecommunications or data communications facilities. Passwords and user IDs are personal to individual members. You are responsible for keeping your password and ID secret and secure, and not to allow anyone else to use them. You are responsible for the use or misuse of this Portal and any of the Service by any person accessing them through your password or ID (whether that use is authorised or unauthorised) and you agree to bear all losses, expenses, inconvenience and Portal charges arising as a result of that use. You must not use or attempt to use anyone else's password or ID.
  • 8.9 The Portal is not liable for any claim that may arise from your access to or use of this Portal, any content of it or any of the Services that infringes any third party's intellectual property or other rights.
  • 8.10 The Portal bears no liability for any loss or damage arising from your failure to perform your obligations.
  • 8.11 Irrespectively of any other provision in these Terms and Conditions, The Portal does not exclude or limit its liability for death or personal injury caused by its negligence, or for any fraudulent act. Subject to this, the Portal will not be liable for any of the following, whether arising because of its negligence, or in any other
    • 8.11.1 Loss of profits, loss of business, loss of anticipated savings, loss of goodwill or reputation, lost or wasted management time or the lost time of other employees;
    • 8.11.2 Loss, destruction or corruption of data;
    • 8.11.3 Any indirect, or consequential loss or damage; or
    • 8.11.4 Any loss or damage arising as a result of any claim against you by any other party; even if the Portal has been advised of the possibility of that loss or damage arising.
  • 8.12 You will indemnify the Portal and keep it indemnified against all and any losses, damages, liabilities, costs and expenses that may arise in connection with your breach of any of these Terms and Conditions or as a result of a third party accessing or using this Portal, any content or any of the Service by means of your password or user ID.
  • 8.13 The maximum liability of the Portal to you in connection with this Portal, any content and any of the Services, or the failure to provide any of the same, is £1 or the aggregate of sums you have paid to the Portal in the 12 months preceding the cause of action to which your claim relates, arose (whichever is the greater).

9 Termination

  • 9.1 If you are dissatisfied with the Services or any feature provided in or through this Portal you may terminate your membership by giving not less than 7 days' notice to office@doctorsweb.com.au. Such termination shall be your sole and exclusive remedy if you are dissatisfied with this Portal. You may terminate this Agreement, for any or no reason, at any time, by giving not less than 7 days' notice to the Portal to office@doctorsweb.com.au. This notice will be effective upon the Portal processing your notice. The Portal may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Portal account includes disabling your access to the Portal and may also bar you from any future use of the Portal.
  • 9.2 Your membership may be terminated by you or by the Portal at any time by giving the other 7 days' notice. In addition, the Portal may terminate or suspend your membership and access to this Portal and any of the Services at any time without notice if you breach or are suspected of having breached these Terms and Conditions, if you cease to meet the criteria from time to time for access to or use of this Portal or any of the Services, or if your agreement with any internet service provider for access or connection to the internet is terminated for any reason. The Portal and may also bar you from any future use of the Portal.
  • 9.3 Conditions 1, 6, 7, 8.2, 9 and 10 will survive termination and continue indefinitely.

10 Intellectual Property Rights

  • 10.1 This Portal, its contents and information, and the Services, their content and information, are protected by copyright, database rights and other intellectual property rights. You authorise the Portal to act on your behalf if your intellectual property rights in any material you post to this Portal or in any message that you send via the Portal Service is infringed by any third party.
  • 10.2 You assign to the Portal the copyright in all material that you post to this Portal (except for emails, eCases and images and photographs posted) . You waive all moral rights in connection with that material and those messages, and you authorise the Portal to act on your behalf in any action they may decide to take if any intellectual property rights in any material you post to this Portal or in any message that you send via the Portal Service are infringed by any third party.
  • the Portal does not claim exclusive copyright over material posted by you on this Portal. In the case of images, material, eCases and photographs posted, this material will be subject to a Creative Commons Attribution 3.0 Licence, and you authorise the Portal to act on your behalf in any action they may decide to take if any intellectual property rights in any material you post to these parts of the Portal is infringed by any third party.
  • 10.3 Subject to any conditions specific to any of the Services, you may read, print and download parts of the material and information on this Portal or through any of the Services for your private, non-commercial use or use in the ordinary course of the your profession, but you may not make any profit from the use of that material or information nor republish, disseminate or transmit any of it, or exploit it for any commercial purpose, or make any derivative work, or copy it for any other purpose without first obtaining the Portal's written permission, or that of the rights owner. To seek permission please contact: office@doctorsweb.com.au.
  • 10.4 You must not post to this Portal, or send, using any of the Services any data, software, or other work or material that infringes the intellectual property rights of the Portal or any third party.

11 General terms

  • 11.1 You may not assign or transfer your membership to, or share or sublicense the advantages of membership of the Portal with, any other person.
  • 11.3 The Portal may assign or sub-contract its rights or obligations (or both) to any third party.
  • 11.4 If any part of any of these Terms and Conditions is invalid or unenforceable, it will not affect any other provision and all other provisions which will remain in full force and effect.
  • 11.5 These Terms and Conditions, and the Agreement between you and the Portal, are governed by the laws of England and Wales and you agree to submit to the jurisdiction of the courts of England and Wales.
  • 11.6 These terms and conditions, together with the Privacy Policy, any conditions specific to any of the Services and any rules that the Portal publishes from time to time governing the criteria for access to this Portal or any of the Services, constitute entire agreement between the Portal and you in relation to the use of this Portal, its contents and any of the Services. They supersede any proposal or prior agreement, oral or written, and any other communications between the Portal and you relating to their subject matter.
  • 11.7 Nothing in these Terms and Conditions confers or purports to confer on anyone except you any right under the Contracts Rights of Third Parties) Act 1999 or in any other way to enforce any of these Terms and Conditions.