Terms Of Service

PERIOP PARTNERS – TERMS OF SERVICE

Disclaimer, legal notices and acceptable use policy
  1. Disclaimers, liability limitation and indemnity
  2. Copyright and intellectual property notices
  3. User Conduct
  4. Applicable law

Access to and use of this web site is provided by Be Your Own Health Services Pty Ltd (ACN 600 809 158) trading as “Periop Partners” (hereinafter referred to “we”, “us”, “BYOH” and “Be Your Own Health Services” on the following conditions and any other directions or rules of use on this web site (“Terms”). If you access this web site (other than to read these Terms for the first time), you agree to these Terms.

We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the web site after changes are posted, you are taken to have accepted such changes.

1. Disclaimers, liability limitation and indemnity

1.1 General disclaimers

Use of this web site is at your risk. None of Be Your Own Health Services, its affiliates nor any of their respective employees, agents, third party content providers nor licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this web site, its use, its content or any products or services (including our products or services) referred to on this web site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. Your reliance on the completeness, accuracy, suitability or currency of the web site or its content. For example, all results from the calendars are simulations, which are indicative approximations only and are neither a quote nor guarantee of service(s).
  2. Failure of, or delay in, the performance, operation or transmission of this website or data on or through this website, a computer virus or other harmful component, a loss of data, a communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
  3. Accessing any web sites or servers maintained by other organisations through links on this web site. Links are provided for the convenience of our web site users only, and we do not accept responsibility for the content or operation of those web sites. Unless otherwise stated, we do not endorse linked web sites or their products and services. You link to any such web site at your own risk.
  4. Defamatory, threatening, offensive or unlawful conduct of third parties.
1.2 No advice given

Do not rely on the general material on this web site.

Be Your Own Health Services provides this web site in order to allow its users to view information including general information about our services.

The resources provided on this web site are not a substitute for the advice of your personal physician or other qualified healthcare professional. The mention of specific products or services on this web site does not constitute or imply a recommendation or endorsement by Be Your Own Health Services unless it is specifically stated.

1.3 Warranty disclaimer

Be Your Own Health Services provides the information on this web site. This web site and its content and web site-related services are provided “as is”, with all faults, and with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchant ability, fitness for a particular purpose, and non-infringement.

You assume total responsibility and risk for your use of this web site, web site-related services, and hyperlinked web sites. No oral or written information or advice given by Be Your Own Health Services, its agents, or its authorized representatives shall create a warranty or in any way increase the scope of this warranty.

Be Your Own Health Services is not liable to any other party for any loss or damage, including direct, consequential, incidental or indirect loss or damage, including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these terms and conditions by Be Your Own Health Services or the negligence of Be Your Own Health Services or its representatives.

1.4 Limitation of our liability (if any) to you

Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:

  1.  In the case of information or services supplied or offered by us for a fee – the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; and
  2. In the case of goods supplied or offered by us for a fee – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.
1.5 Indemnity

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us (“Our Loss”) as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this web site.

Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties’ intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this web site.

1.6 Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

1.7 Information on this web site

The materials on this web site are provided “as is” and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. Be Your Own Health Services disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Be Your Own Health Services makes no claim or representation as to the accuracy of the content contained on this web site. Be Your Own Health Services does not accept liability to any person for the information or advice provided on this web site including or incorporated into it by reference. Be Your Own Health Services does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this web site, or any other information incorporated by reference.

All information on this web site is provided by Be Your Own Health Services on the basis that all persons accessing this web site undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.

1.8 Access, correction, and data integrity

Although we attempt to ensure the integrity and accurateness of the web site, we make no guarantees as to its correctness or accuracy. It is possible that the web site contains typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the web site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.

1.9 Revisions, changes, and updates

We may revise our policies and the information on this web site or change or update the web site without notice. Be Your Own Health Services may also make improvements and/or changes in products and/or services described in this information or add new features at any time without notice. We encourage you to periodically reread these Terms and Conditions to see if there have been any changes to our policies that may affect you.

1.10 Click-stream data and cookies

A “cookie” is a small text file placed on your computer by a web server when you access a web site. Cookies are frequently used on web sites. Cookies in themselves do not identify the individual user, just the computer used.

Be Your Own Health Services generally uses cookies to make a record of your visit and will log the following information:

Be Your Own Health Services uses this information for various purposes including:

but in each case, information collected cannot be used to personally identify you.

You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the content and facilities of this web site.

2. Copyright and intellectual property notices

2.1 Copyright and trademark notices

We own the intellectual property rights in and to all information, text, material, graphics and advertisements on this web site.

No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

The product names and /staticfiles/BMVS/images on this web site may be trademarks or registered trademarks of ours, our affiliates or third parties (including advertisers, sponsors and customers). The use or misuse of these trademarks, except as expressly authorised, is prohibited. The use by us of a third party trademark on this web site is not intended to indicate any association with, or endorsement by Be Your Own Health Services , of that trademark.

2.2 We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages,online /staticfiles/BMVS/images (including text, graphics, logos, button icons, video /staticfiles/BMVS/images, audio clips and software), software code and data comprising this web site are owned or controlled, and are reserved, by us. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on this web site or expressly authorised in writing by us.

3. User Conduct

3.1 Lawful and authorised use only

You must use this web site only for lawful purposes and for the purposes explicitly outlined and authorised in this web site (including in these Terms).
You are not authorised to:

  1. Download and view content; and
  2. Use the software included in this web site for your own personal, non-commercial use, even if you keep intact all copyright and other proprietary notices.

You must not, without our prior written permission, exploit any of our web site content for commercial purposes.

You are not authorised, without our prior written permission or the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from, these web pages for any other purpose.

This prohibition does not extend to materials on this web site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

3.2 Personal Use

Be Your Own Health Services authorises you to print and copy materials on this web site, subject to the material being used exclusively for personal use, and the material not being modified in any manner.

Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of this web site may be reproduced without the written permission of Be Your Own Health Services.

If you download material (including software) from this web site, the software, including any files, and/or /staticfiles/BMVS/images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Be Your Own Health Services and subject to a licence fee. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.

3.3 Commercial Use

Printing, copying, downloading, reproduction or distribution of material from this web site for commercial use is expressly prohibited without Be Your Own Health Services’s prior written consent.

Linking, and in particular but without limitation deep linking, to this website is expressly prohibited without Be Your Own Health Services’s prior written consent, where such consent is at the sole discretion of Be Your Own Health Services .

3.4 General prohibitions

You must not (a) use this web site, or any tools offered through this web site, in a manner which; or (b) up-load, post, transmit or otherwise make available through this web site any material which:

  1. Violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
  2. Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  3. Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
  4. Restricts or inhibits any other user from using or enjoying this web site;
  5. Affects the functionality or operation of this web site or its servers or the functionality or operation of any users computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
  6. Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
3.5 Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

3.6 Disclaimer about others’ materials

You acknowledge that any third party materials appearing on this web site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

3.7 Termination

By using this web site you agree to these terms and conditions of use.

This agreement is effective from your first use of this web site until terminated by you or Be Your Own Health Services. You may only terminate this agreement by unsubscribing to all services provided by Be Your Own Health Services on this web site and destroying all materials obtained from this web site, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not.

This agreement will terminate immediately, with notice from Be Your Own Health Services if, in Be Your Own Health Services ’s sole discretion, you fail to comply with any term or provision of these terms and conditions. Upon termination, you must destroy all materials obtained from this web site and unsubscribe from all services provided by Be Your Own Health Services on this web site.

4. Applicable law

4.1 Victoria law applies

This web site (excluding any linked, third party web sites) is controlled by us from Australia.

Any disputes must be determined by the courts having jurisdiction in Victoria, Australia in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.

4.2 Unenforceable Terms

If any provision of the Terms is found by a court to be not valid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

4.3 Web site or content may be unlawful outside Australia

We do not warrant that the content of this web site complies with the laws of any country outside of Australia. If you access this web site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

4.4 Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this web site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority.

4.5 No offers where illegality arises

Nothing on this web site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

5. Terms of Use (including Pilot)

5.1 Acceptance of Terms.

By registering for and/or using the Service in any manner, including using or accessing the website, application(s), platform(s) or service(s), contributing content, information, and other materials or services within these media, you agree via that to be bound by all of these terms and conditions herein, Periop Partners’ Privacy Policy, and any other rules, policies and procedures, as published, updated or amended from time to time without notice to you (“Terms & Conditions”). Particular services offered through the Service may be subject to additional terms and conditions from time to time, and your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms.

5.2 Access.

Subject to these Terms of Use, Periop Partners may offer to provide the Services selected by you, solely for your own use, and not for the use or benefit of any third party. The Services include any services, functions or benefits MBS Search performs or provides for you, any information, materials or other Content you access, display or use, any applications or widgets offered by Periop Partners that you download from the Site or third party application stores authorized by Periop Partners.

5.3 Registration and Eligibility.

You may browse the App and view certain Content without registering, however you are required to register with Periop Partners to access all Content. If you register, you represent, warrant and covenant that you provide MBS Search with accurate, truthful, and complete registration information as required by Periop Partners (including your own name (which will become your “User Name”), e-mail address and a password you will use to access the Service). You agree to keep your registration information accurate and up-to-date; failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You shall not: provide any false personal information to Periop Partners or create an account for anyone other than yourself without such person’s authorisation; create a User Name with the intent of impersonating another person; or attempt to register a User Name that is offensive, vulgar, obscene or otherwise unlawful. You are solely responsible and liable for activity that occurs on your account and must maintain the confidentiality of your password.