For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via Contact Us facility that appears on the Site.
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
“Goods” in these Terms means goods and services supplied or to be supplied by us to you from time to time via purchases made through the Site.
“AOJ” in these Terms means the Australian Orthoptic Journal.
1. Licence to use Site
- We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this document.
- You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
- You must not add any content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Site, into disrepute; or
- that infringes the intellectual property or other rights of any person.
- The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
- You acknowledge and agree that:
- we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion;
- the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
- the Site may contain technical inaccuracies or typographical errors and that we have the right to make changes, corrections and/or improvements to the information at any time without notice;
- the information contained on this Site is general educational information only, it cannot be comprehensive and is intended only to provide a summary overview of the subject matter covered and it is not a substitute for professional orthoptic or medical advice or a face to face orthoptic or medical consultation or examination;
- whilst reasonable efforts are made by us to ensure the information provided is accurate and current at the time of publishing we do not make any warranty in that regard;
- we notified you that you should not act on the basis of anything contained on this Site without obtaining the advice of a qualified orthoptist or medical professional;
- You acknowledge and agree that:
- you have or will before applying for membership (which includes renewal) carefully and with due diligence check and assess your membership eligibility against the criteria published on the Site and will apply for the appropriate membership option;
- you have or will when due pay the appropriate fee that corresponds to the membership option selected by you in accordance with your eligibility;
- we have the right in our absolute discretion to audit your membership payments and status and request you to adjust it within a period of time we deem appropriate, if we determine that you have not selected the membership option based on the appropriate membership selection criteria;
- should you refuse to adjust the payment pursuant to our request under the preceding clause, we have the right to forfeit any money you paid and/or suspend or cancel your membership (together with all benefits and privileges the membership entails) and/or pursue and exercise any other course of action we think is appropriate;
- if you have purchased subscription to AOJ, the access to AOJ will be provided on a login access basis only and we
- may (in our sole discretion) provide you with multiple logins if you request so and if we deem it necessary; and
you must reset your AOJ login access password at least once every year during your AOJ access entitlement period and if you do not do so and if you refuse to provide to us evidence at our request that you have done so, we reserve the right to reset your password.
2. Formation of contract and pricing
- Quotations posted by us on the Site will not constitute an offer to sell specified Goods at specified price, but rather will constitute an invitation to you to make an offer to purchase the specified Goods at the quoted price by placing an order in accordance with the procedure specified on the Site. A contract for the supply of Goods by us to you is formed when we accept an order.
- These Terms apply to and form part of every contract for the supply of Goods by us to you. Orders are only accepted upon and subject to these Terms.
- Any qualification, addition, variation or provision which conflicts with these Terms which forms part of your order shall not form part of the contract between us and you unless such change is duly accepted by and confirmed by us in writing.
- All Goods must be paid for by you on the date and in the manner specified on the Site for those Goods.
- Any tax (including GST) or other duty on the supply of any Goods sold by us now imposed or hereafter becoming effective shall be added to the price quoted and shall be paid by you, unless the price quoted already includes such tax.
3. Intellectual Property Rights
- Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
- By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 3.3 will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 3.2 and 3.3.
- Ownership of all intellectual property rights (other than third party intellectual property rights) associated with the Goods and any related documentation provided to you or used by you belongs to and will vest in us.
- Nothing stated in these Terms shall be construed as an implied or express transfer of the intellectual property rights to you or any other party.
- You shall not use any of our intellectual property rights without the prior written consent by us. Permission to use documents (such as submissions, press releases, and other publications) from this Site is granted by us provided the use of such documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and no modifications of any documents are made.
4. Warranties and acknowledgements
- You represent and warrant to us that:
- you have the legal capacity to enter into these Terms;
- you have complied with clause 1.3; and
- you have made due inquiries and rely on your own skill and judgment when deciding whether the Goods are fit for purpose;
- You acknowledge that it is your responsibility to satisfy yourself that the Goods are of a description, quality and character suitable for the purpose for which they are purchased and, to the extent permitted by law, we shall not be liable in any way for any loss or damage (including direct, indirect or consequential) arising from your failure to so satisfy yourself.
5. Liability and Indemnity
- To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential, incidental or other damages sustained in connection with the use of this Site or a linked site.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- To the full extent permitted by law, we exclude all liability arising from or in any way connected with the use of this Site or its content. In particular, we exclude any liability for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on this Site. We also exclude any liability for, any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
- To the full extent permitted by law, we exclude all liability whatsoever for any interruption or discontinuance of any or all functionality of this Site, whether the result of actions or omissions by us or a third party.
- These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- You indemnify us against all costs (including legal costs), expenses, damages, accounts or other losses or liability, including those arising from any actions, suits, proceedings, claims or demands, made against or suffered by us, arising out of supplying the Goods in accordance with these Terms or arising out of you breaching any of your obligations (which includes any negligent act or omission by you or your agents) under these Terms.
- These Terms terminate automatically if, for any reason, we cease to operate the Site.
- We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
- You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
- We may in our sole discretion amend these Terms from time to time in which case any amended terms will become effective upon being published on the Site.
- You may not, without our consent, raise a set off or counterclaim available to you against us in reduction of your liability under these Terms.
- A waiver by us of a default by you of any of the provisions of these Terms will not constitute a waiver of another or continued default of the same nature or any other provision of these Terms.
- Clause headings are for ease of reference only and are not intended to affect the construction or interpretation of these Terms.
- These Terms are governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.