Terms of use

By using the Neuro Clinic Australia (“we”, “us”, “our”) website, you agree to be bound by, and abide by, these Terms of Use. We may change these Terms of Use at our discretion and without notice. We may modify, suspend or cancel any content of this website online service at any time. By continuing to use this website you accept the Terms of Use as they apply from time to time.

These Terms of Use apply in conjunction with any other terms and conditions that apply including our Privacy Policy.

Intellectual Property

Unless otherwise expressed, we own or are authorised to use any trademarks, copyright and other intellectual property rights in any product, artwork, design, content and all materials used in and produced by our website and any online service (including but not limited to any text, documents, images, photos, videos, digital files, records, logos, animations, sound recordings and/or software). Please do not infringe those rights.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or any other applicable legislation throughout the world, you may not, in any form or by any means reproduce, display, store in a retrieval system or transmit, print, publish, distribute, commercialise, perform, adapt, or create of derivative work from any design, artwork, information, product or service accessed or acquired from this website.

Lawful Use

You may only use this website, any product or online services for lawful purposes, and must ensure that your use does not breach any laws that apply to you.

No Health Advice

The contents and online services made available by this website are prepared for general information only. It does not constitute health or medical advice. Do not act on the basis of the contents of this website but seek advice from a registered health professional in respect of your specific circumstances. Any material obtained on and from this website or produced by any online service should not be relied upon as a substitute for detailed and specific health or medical advice. Any transmission of information is not intended to create a patient/medical/health professional relationship between you and us.

Disclaimers

We do not warrant that access to the contents of this website or any online services will always be uninterrupted, timely or secure.  The website, and all content and services provided or made available through this website, are made available to you on an “as is” and “as available” basis.

This website (or social media websites on which we maintain presences or RSS feeds) may be linked to other websites or applications which we may have no control. Links to those websites are provided for convenience only, and we are not responsible for their use, effect or content. It should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other websites or applications unless specifically stated. By accessing these third party sites, you agree to any terms of access or use imposed by those sites. We make no representations or warranties about the accuracy of information contained on those websites or applications. We do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person. We exclude all implied conditions and warranties except any implied condition or warranty the exclusion of which would cause this clause to be void.

We will not be liable if the website (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:

  • telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
  • negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
  • maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of this website; 
  • any events beyond our control; or
  • services provided by third parties ceasing or becoming unavailable.

You also acknowledge and agree that to the extent possible under the law, and subject to the Consumer Guarantees section below, we do not represent, warrant or guarantee that this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

Consumer Guarantees

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms of Use. However, if a supply under these Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in these Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

  • in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  • in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out above.

Security

We cannot ensure the security of any information you send to us via the internet during its transmission. Accordingly, any information you transmit in this manner will be sent at your own risk. However, once we have received your information, we will take reasonable steps to ensure it remains secure. We recommend that you do not provide us with confidential information via our online services unless you accept the risk that the information may be lost, corrupted, or disclosed to third parties during its transmission.

Passwords

We may choose to issue you with a username and password to enable you to access particular features on our website. If we do, you must keep those details confidential (and you are responsible for their misuse if you do not).

Submissions

Any material you send to us on or via this website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

You represent and warrant that the information and/or material you provide to us:

  • is information and/or material that you are authorised to provide;
  • is not defamatory or offensive in relation to or adversely reflects any product, service, person or corporation;
  • does not infringe any intellectual property rights or other rights, including trademarks, business names, copyright, confidential information, designs or patents;
  • is not misleading or deceptive or likely to mislead or deceive, is not the “passing off” of any product or service, and does not constitute unfair competition;
  • does not infringe any State or Federal legislation or regulations of Australia; and
  • will not give rise to any claims or liabilities against us

Posting Comments

Our website may enable you to post comments (for example, on blogs, forums, listing boards, advertisements or other public areas). You are responsible for all comments that you post (or that are posted using your username and password). You must not post any comment that:

  • is inflammatory (commonly referred to as “trolling”);
  • is xenophobic, racist, abusive, harassing or hateful;
  • is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users;
  • is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material; 
  • constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as “spamming”);
  • infringes someone else’s copyright or other intellectual property rights, or
  • violates any applicable law.

We may delete any comments or feedback for any reason at our absolute discretion.

Access

We may terminate or restrict access to the contents of this website or any online service at any time without notice. If we do so, these Terms of Use will continue to apply and any use must discontinue or be limited as we require immediately.

Limitation of Liability

To the maximum extent permitted by law we exclude all liability for any loss or damage of any kind (including special, indirect or consequential loss and including without limitation loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits) arising out of or in connection with the website content and the use or performance or services provided or made available through this website except to the extent that the loss or damage is directly caused by us fraud or wilful misconduct.

Severability

If any of these terms or conditions are invalid, illegal or unenforceable, those terms or conditions will be struck out and other provisions which are self-sustaining and capable of separate enforcement to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.

Waiver

The failure, or delay on the part of us in exercising its power or right in relation to your breach of these terms or conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of any power or right.

Governing Law

These Terms of Use are governed by the laws in force in Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which may hear appeals from those courts.

Definitions

In these Terms of Use: “linked websites” means websites of persons or entities which are hyperlinked from the website (or our social media websites on which we maintain presence).

“website” means the whole or any part of the web pages located at www.neuroclinics.com.au and associated url, social media links/sites (including the lay-out of the website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of the website.)