1. Disclaimers, liability limitation and indemnity
1.1 General disclaimers
Use of this website is at your risk. None of Employ Health, 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 are be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this website, its use, its content or any products or services (including our products or services) referred to on this website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- Your reliance on the completeness, accuracy, suitability or currency of the website or its content.
- 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.
- Accessing any websites or servers maintained by other organisations through links on this website. Links are provided for the convenience of our website users only, and we do not accept responsibility for the content or operation of those websites. Unless otherwise stated, we do not endorse linked websites or their products and services. You link to any such website at your own risk.
- Defamatory, threatening, offensive or unlawful conduct of third parties.
1.2 No advice given
If you require specific advice for your individual circumstances, please call us on 1300 367 519. Do not rely on the general material on this website.
Employ Health provides this website in order to allow its users to view information including general information about hour services and products.
The mention of specific products or services on this website does not constitute or imply a recommendation or endorsement by Employ Health unless it is specifically stated.
1.3 Warranty disclaimer
Employ Health provides the information on this website. This website and its content and website-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 merchantability, fitness for a particular purpose, and non-infringement.
You assume total responsibility and risk for your use of this website, website-related services, and hyperlinked websites. No oral or written information or advice given by Employ Health, its agents, or its authorised representatives shall create a warranty or in any way increase the scope of this warranty.
Employ Health 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 Employ Health or the negligence of Employ Health 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 is limited, at our election, to:
- 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
- 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 website.
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 website.
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 website
The materials on this website are provided “as is” and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. Employ Health disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Employ Health makes no claim or representation as to the accuracy of the content contained on this website. Employ Health does not accept liability to any person for the information or advice provided on this website including or incorporated into it by reference. Employ Health does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this website, or any other information incorporated by reference.
All information on this website is provided by Employ Health on the basis that all persons accessing this website 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 website, we make no guarantees as to its correctness or accuracy. It is possible that the website contains typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the website 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 website or change or update the website without notice. Employ Health 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 website. Cookies are frequently used on websites. Cookies in themselves do not identify the individual user, just the computer used.
Employ Health generally uses cookies to make a record of your visit and will log the following information:
- Your server address;
- Your top level domain name;
- The date and time of access to the website;
- Pages accessed and documents downloaded;
- The previous website visited; and
- The type of browser software in use.
Employ Health uses this information for various purposes including:
- statistical purposes;
- to enable you to access online services; and
- to determine whether you have previously used parts of the website or to identify the pages you have accessed,
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 website.
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 website.
No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
The product names and images on this website 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 website is not intended to indicate any association with, or endorsement by Employ Health, 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 webpages, online images (including text, graphics, logos, button icons, video images, audio clips and software), software code and data comprising this website 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 website or expressly authorised in writing by us.
3. User Conduct
3.1 Lawful and authorised use only
You must use this website only for lawful purposes and for the purposes explicitly outlined and authorised in this website (including in these Terms).
You are authorised to:
- Download and view content; and
- Use the software included in this website for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You must not, without our prior written permission, exploit any of our website content for commercial purposes.
Otherwise 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 website which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
3.2 Personal Use
Employ Health authorises you to print, copy, reproduce and download materials on this website, 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 website may be reproduced without the written permission of Employ Health.
If you download material (including software) from this website, the software, including any files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Employ Health. 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 website for commercial use is expressly prohibited without Employ Health’s prior written consent.
Linking, and in particular but without limitation deep linking, to this website is expressly prohibited without Employ Health’s prior written consent, where such consent is at the sole discretion of Employ Health.
3.4 General prohibitions
You must not (a) use this website, or any tools offered through this website, in a manner which; or (b) up-load, post, transmit or otherwise make available through this website any material which:
- Violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
- 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;
- Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
- Restricts or inhibits any other user from using or enjoying this website;
- 5.Affects the functionality or operation of this website 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 website are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
3.7 Termination
By using this website you agree to these terms and conditions of use.
This agreement is effective from your first use of this website until terminated by you or Employ Health. You may only terminate this agreement by unsubscribing to all services provided by Employ Health on this website and destroying all materials obtained from this website, 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 Employ Health if, in Employ Health’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 website and unsubscribe from all services provided by Employ Health on this website.
4. Applicable law
4.1 Queensland law applies
This website (excluding any linked, third party websites) is controlled by us from Australia.
Any disputes must be determined by the courts having jurisdiction in Queensland, Australia in accordance with laws in force in Queensland. 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 Website or content may be unlawful outside Australia
We do not warrant that the content of this website complies with the laws of any country outside of Australia. If you access this website 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 website 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 website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.