This Internet web site ('Site') is owned and operated by Australian Acupuncture Forum ('Acupuncture.com.au'). The following provisions set out the terms and conditions ('Terms and Conditions') under which any person accessing and using the Site ('You' and 'Your') may:
- access and use the Site, including any pages or information linked to it that are owned and operated by Acupuncture.com.au;
By accessing and using the Site, You agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully before accessing and using the Site. If You do not accept and agree to abide by the Terms and Conditions, please do not access and use the Site.
Acupuncture.com.au grants You a limited, non-exclusive, revocable licence to:
- access, use, and download the Works contained in the Site solely for non commercial and personal purposes;
- access and use the Site solely for non-commercial and personal purposes;
Any conduct with respect to any of the Works contained in the Site, other than that described (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of Acupuncture.com.au), is strictly prohibited.
Any conduct with respect to the Works that is authorised, must include the Acupuncture.com.au copyright notice "© 2006 Acupuncture.com.au. All Rights Reserved" and any other credits, trade marks or other legal notices applicable to the Works.
Use of the site by children
Acupuncture.com.au does not target as customers, or solicit data from, persons under the age of eighteen (18) years ('Children' or 'Child'). Children should obtain the consent of a parent or guardian prior to accessing and using the Site.
Submission of material to the site
Acupuncture.com.au may invite ('Invitation') You to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response ('Material'), to the Site (particularly to the 'Discussion Forum' and 'Contact Form' sections of the Site).
Upon the Invitation of Acupuncture.com.au, You may submit Material to the Site, provided that such Material:
- is accurate;
- is not defamatory, obscene, threatening, pornographic, or offensive;
- does not violate any applicable law, including communications that would give rise to criminal or civil liability;
- does not advocate any illegal activity;
- does not infringe the intellectual property rights of any third party;
- does not violate or infringe the rights of any person or entity, including a person's right of privacy; or
- does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'.
- Acupuncture.com.au shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. Acupuncture.com.au nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions.
In consideration for Acupuncture.com.au granting You an opportunity to submit Material to the Site, You hereby agree that:
- such Material is non-confidential; and
- by submitting such Material, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999) authorising the assignment of all rights, title and interest in all such Material to Acupuncture.com.au, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.
You warrant and represent that:
- any Material submitted to the Site is original and will not infringe or breach any law or any person's right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);
- any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to Acupuncture.com.au, free from any claim by any person;
- You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by Acupuncture.com.au in perpetuity, without any requirement for Acupuncture.com.au to make any payment to You or such third parties, and can provide any written evidence of this to Acupuncture.com.au on Acupuncture.com.au's request;
- You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit Acupuncture.com.au's rights to use the Material;
- as to living people identifiable in the Material, if any, You have acquired written permissions and releases permitting the exclusive use of the said person's name, likeness and life story in connection with any use of the Material and You hereby assign such rights to Acupuncture.com.au;
- You will enter into any formal written documentation if required by Acupuncture.com.au, to formalise Your assignment of all rights in the Material to Acupuncture.com.au; and
- You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.
To the full extent permitted by law, Acupuncture.com.au, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.
You agree to indemnify Acupuncture.com.au and hold Acupuncture.com.au indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
Links to third party sites
Acupuncture.com.au makes no representations whatsoever about any other web sites which You may accessed from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that Acupuncture.com.au endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.
You consent to receiving communications from Acupuncture.com.au electronically, including electronic mail or notices posted on the Site.
You acknowledge that all agreements, notices, disclosures and other communications that Acupuncture.com.au provides to You and that You provide to Acupuncture.com.au electronically, satisfy any legal requirement that such communications be in writing.
Acupuncture.com.au may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice ('Notice'):
- by electronic mail; or
- by posting on the Site.
The Terms and Conditions constitute:
- the entire agreement between Acupuncture.com.au and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site;.
The Terms and Conditions supercede all previous, written or oral agreements between You and Acupuncture.com.au.
No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
If any provision of the Terms and Conditions is held to be unlawful, invalid, unenforceable or in conflict with any law in Australia, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.
Your indemnity and assignment of all rights in any Material submitted to Acupuncture.com.au and the Site will survive any change to, or termination of, the Terms and Conditions.
The Terms and Conditions shall be governed by, and construed according to, the laws of Queensland, Australia. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of Queensland and, by using the Site, You hereby submit to that jurisdiction.
Australian Acupuncture Forum
PO Box 612
Paradise Point, QLD 4216