Terms of Use

THE TERMS

 

Please be aware of The Terms of using Australian Doctor Group network websites and apps.
Date of Last Revision: Dec 8t, 2020.

This website is owned and operated by Australian Doctor Group Pty Ltd ABN 94 615 959 914 (ADG). The following are ADG’s terms and conditions for using our website and apps, (collectively The Terms)

  • Website Terms and Conditions
  • ADG User Terms
  • Community Rules

 By using our website and services you are agreeing to comply with and be bound by The Terms. ADG may update The Terms at any time with or without notice to you. You are responsible for ensuring that you are aware of and comply with The Terms as applicable from time to time.

Website Terms and Conditions

  1. INTRODUCTION

(a) Meanings

“ADG”, “we” or “us” in The Terms includes Australian Doctor Group Pty Ltd, its directors, officers, employees and agents.

“customer”, “client”, “user”, “you” “audience” or any grammatical variation of these words is a reference to the user of the ADG website or services who has agreed to The Terms.

“website” means the website provided by us pursuant to us providing the services.

“services” means the provision of a medical networking website, along with any user account, offerings, features or additional services which we may make available to you from time to time across any of our digital properties.

(b) Where we are the publisher, we take every possible precaution to deliver accurate information and to factcheck the information presented to us. The information and settings provided in this website are correct at the time of publishing. However, ADG takes no responsibility for the accuracy of the information and graphics nor any user-generated content. Some information is obtained from our suppliers and third parties. If any errors or omissions on the website are brought to our attention, we shall endeavour to rectify those errors or omissions as soon as possible. ADG we will not be responsible for any loss suffered by any users of the website as a result of our errors or omissions.

(c) The content of this website is for your general information and use only.

(d) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of The Terms.

(f) From time to time this website may also include links to other websites.  The linked sites are not under the control of ADG and ADG is not responsible for the content of any linked site or any link contained in a linked site. Any links are provided as a convenience to you only and in no way should this be interpreted as an endorsement of any company, content or products to which it links.

(g) We may provide notices to your through our websites, services, digital properties and via your contact information. You need to keep this information up to date, including email addresses.

  1. REGISTRATION

(a) Access to and use of password protected or secured areas of this website is restricted to authorised users only. You must register to obtain an account to access such areas. Registration is subject to our ADG User Terms, as well as certain eligibility criteria.

(b) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.

(c) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of The Terms.

  1. SYSTEM INTEGRITY

(a) You must not, by the use of any device, software, action or instruction, interfere or attempt to interfere with the proper working of the website or any activities being conducted on the website.

(b) Our website is a closed system for the medical community. As such messages, comments and posts by users are made with the intention of being a closed network and it is our intention that we provide a safe space for the community to communicate, share opinions and make comments on this basis. You must not disclose or share any confidential information, including your password to or with any third parties or use any such information for any unauthorised purpose. You must not take screenshots or make copies of users’ comments or posts with the intention to cause harm and under no circumstances are you permitted to use these screenshots without the express permission of the author in writing.

You can share articles published by ADG on the website via the sharing toolbars and on social media, however as we are a closed network publishing messages, user generated posts or comments outside the website is a breach of The Terms and your access to the website will be revoked.

(c) You are solely responsible for your transmissions and communications across the website – including messages, comments and posts.

(d) You must be open and honest in all your communications through the website.

(e) You must not use the website for illegal purposes.

(f) You must comply with all relevant laws, regulations, policies and procedures in relation to your use of the website.

(g) We reserve the right to determine whether or not you are in default of The Terms and may, in our sole discretion, immediately terminate your use of the website when we believe that you are in breach of The Terms.

(h) We agree to always act reasonably when exercising our right to terminate your use of the website.

  1. YOUR INFORMATION

(a) “Your Information” includes any information you provide or communicate to us at any time, including when you register to use the website and any material provided by you which is posted or displayed on this website or any of our websites or services used by you and includes comments made by you in any of our websites or services.

(b) You must register for our services using accurate data, including your AHPRA number, current mobile phone number as required and email address. If you change your mobile phone number or email address, you will need to update this through our support team or directly through the website account settings.

(c) You are solely responsible for Your Information and we may assume that Your Information is being legally and validly used and is correct.

(d) We may deal with Your Information if, in our absolute discretion, it is necessary.

(e) Except for any disclosure by you for technical support purposes, uses specified in our Privacy Policy or where Your Information is clearly marked by you to the contrary, Your Information will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to us will be deemed the property of ADG and ADG shall be entitled to full rights of ownership, including without limitation, unrestricted rights to use or disclose such in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.

(f) You must ensure that Your Information:

(i) is true, accurate and complete;

(ii) is not false or misleading;

(iii) does not infringe any other person’s intellectual property rights;

(iv) is not contrary to any applicable law or industry code of practice;

(v) is not defamatory, threatening or harassing;

(vi) is not obscene or pornographic;

(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or

(viii) the existence or content of Your Information or your provision of Your Information to us is not contrary to any applicable law or industry code of practice.

(g) Where Your Information includes or in any way incorporates a third party’s personal information (as defined by the Privacy Act (Cth) 1988 (the Privacy Act)) you will ensure that it is de-identified (as defined by the Privacy Act) prior to you providing it to us or uploading it to our website or your user account;

(h) By providing Your Information to us you grant to us an irrevocable, royalty free, world-wide, transferable and sub-licensable licence to reproduce, copy, modify, publish, distribute or in any way otherwise use Your Information for the purposes of providing our services to you or any other person; and

(i) Without limiting our rights in the event of a breach of The Terms  by you, we may, at our sole discretion, remove or delete part or all of Your Information from our services or website, if we become of the opinion that you or Your Information in any way breaches the obligations contained in The Terms.

  1. OUR RIGHTS

(a) We may refuse you the right to use the website if:

(i) you give information which is untrue, inaccurate or incomplete; or

(ii) we believe that you have engaged in any form of misleading and deceptive conduct you may, in the sole discretion of ADG, be permanently suspended from the website and any associated accounts and websites.

 

(c) ADG may suspend, cancel or terminate your access to the website if you breach or fail to observe The Terms, including by not complying with obligations for Your Information, or for any other reason at ADG’s absolute discretion.

(d) We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account if you breach The Terms or if we are unable to verify or authenticate any information you provide to us.

(e)  If we suspend your access, you may not register again.

(g) We may refer users who we believe have engaged in criminal conduct to the police and to your internet website provider.

(h) You may be subject to legal proceedings by any person arising out of any illegal action.

  1. NETWORKING AND MESSAGING SERVICES

 

  1. ADG provides the ability for a user to communicate with other members of the medical community via message, voice or video. The service and things sent via the service are end to end encrypted, and comply with relevant Australian guidelines and laws at the time of writing. We do not have any obligations or liability to you for any security or breaches or incidents involving your property such as your mobile phone or computer.
  2. To deliver the services, we rely upon infrastructure - including WiFi networks, mobile networks, hosted applications and mobile devices - that are beyond our ability to maintain, monitor and control. As a result, our services should not be used to provide emergency or time-critical communications.
  3. Communications conducted via the messaging services are secure and end-to-end encrypted. As such, we do not read or review the content of messages or transmissions made using this service. As an encrypted platform, only the sender and recipient can view the content of these messages.
  4. We will not have any liability or responsibility for the content of any communications you make on or via this website, or for any errors or violations of any laws or regulations by you, or for information stored on your personal equipment. ADG will comply with any court order in disclosing the identity of any person making communications on or via this website as required.

When networking or messaging other users on the platform you agree that:

  1. You are responsible for ensuring that each person you connect with (and receive messages from and send messages to) is the person you think they are (check for false identities) and that you report users you believe are using a false identify.
  2. Patient data is communicated in adherence to all relevant legislation and guidelines.
  3. You are responsible for ensuring the person or people to whom you send a message is/are correct and are the people/person to whom you intended to send the message.
  4. You must not copy, download or forward a message without the owners express consent.

 

  1. INTELLECTUAL PROPERTY

Copyright

Unless otherwise specified, all materials on this website are the property of ADG and are protected by the copyright laws of Australia and throughout the world by the applicable copyright laws. The use of any such material for any other purpose is strictly prohibited. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than as follows:

(a) With the exception of content and comments created by users of this site, you may print or download to local storage extracts of articles for your personal and non-commercial use only, provided you keep intact all copyright and other proprietary notices.

(b) Other than as outlined in (a) above no materials on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without prior written permission from ADG.

  1. TRADEMARKS

The ADG name and logo are trademarks being the property of ADG. With the exception of the allowance in the following clause you have no right to use such trademarks and nothing contained on our website or The Terms grants any right to use (by implication, waiver, estoppel or otherwise) our trade marks without our prior, express written permission. Notwithstanding, for so long as you have a registered user account we grant to you a licence to use a copy of the ADG logo, as shown on our website, for the sole purposes of embedding a hyperlink to your user account in your electronic correspondence, or in any written communications to indicate that you have registered a user account with us and maintain that user account.

Without limiting the effects of termination of this agreement, the licence granted in this clause is automatically revoked and you must immediately cease any use of the ADG logo in the event that your user account is suspended or terminated.

  1. OTHER INTELECTUAL PROPERTY.

All other intellectual property provided by us in relation to the services is the sole property of ADG and its licence providers. You have no right to use such intellectual property and nothing contained on our website or The Terms grants any right to use our intellectual property without our prior, express written permission, save as required for the purposes of using our services.

  1. LIABILITY AND INDEMNITIES

Our Liability to You:

(a) We provide the website without any express or implied warranty. 

(b) We are not responsible for any loss, liability or damage incurred by you as a result of the sending or receiving or the failure to send or receive any communications due to any reason whatsoever. 

(c) In no event shall ADG be liable for any direct, indirect, special, incidental or consequential losses or damages including, without limitation, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any linked site, damages resulting from use of or reliance on the information or materials presented on this website, us exercising our discretion as outlined in The Terms, whether based on warranty, contract, tort or any other legal theory even if ADG has been advised of the possibility of such damages.

(d) We do not guarantee continuous, uninterrupted or secure access to the website.

(e) We do not guarantee the preservation of any record, particularly after the provision of the website to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

  1. INDEMNITIES

(a) You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the website.

(b) You agree to indemnify us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (“the Indemnified Parties”) from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.

(c) You further agree to indemnify the Indemnified Parties from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of The Terms by you, or the infringement by you, or other user of the website using your user name and password, of any intellectual property or other right of any person or entity.

  1. PRIVACY

(a) Our privacy policy (as it appears from time to time) is available on the website.

(b) We will take all reasonable steps to abide by this policy and all users of the website agree to the policy when using this website. 

(c) If you do not agree to the collection of this information and the other information specified in the privacy policy, then you must not use the website.

  1. COMPLAINTS, CONCERNS & SUGGESTIONS

If you have any complaints, concerns or suggestions about this website please contact Australian Doctor Group Pty Ltd to address the issue. We also value your feedback and suggestions, please email [email protected]

  1. GENERAL

If any provision of The Terms shall be invalid, void, illegal or unenforceable the remaining provisions shall not be affected.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of the other party.

  1. APPLICABLE LAWS

The Terms are governed by the law in force in the state of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning The Terms.

 

 

ADG USER TERMS

  1. Introduction
  1. ADG provides a networking and educational platform for medical professionals, medical students allied health professionals and the broader medical industry. The purpose of this platform is to inform and keep the medical community up to date, provide opportunities to connect and collaborate, get second opinions, share experience and mentor students. Participating on the website or via our services means that others can read your public contributions and use that information.
  2. These ADG User Terms form part of The Terms to the extent that you have an account with any of our websites or online services.
  3. A reference in these ADG User Terms to “agreement”, “terms” or “conditions” is a reference to the rights and obligations contained in these ADG User Terms any other defined terms are as defined in The Terms section.
  4. A “user account” is a personalised account where we offer you additional services, including, but not limited to, the ability to upload information to our website, in a manner which identifies you as the originator of the information such as photos and contact details, education, expertise and professional interests, listing in our professional directory, creation and participation in groups, the ability to view Third Party information including content and feeds, for example PubMed feeds, as well as the ability to correspond with other users and receive correspondence from them by means of our services.
  5. Your Information is as defined in The Terms.
  6. Third party information means any information available on our website or through our services which was provided by a registered user of the website other than you.
  1. Agreement
  1. By creating a user account you agree to be bound by these ADG User Terms.
  2. We may elect to modify the ADG User Terms at any time. In the event that we choose to do so we will notify you before or within a reasonable time after the variation takes effect. You may then elect whether to continue using our services or terminate your user account. By continuing to use our services after the variation of these ADG User Terms you are deemed to have agreed to the ADG User Terms as varied.
  3. To the extent that there is any conflict between these ADG User Terms and our Website Terms and Conditions, these ADG User terms will take precedence, to the extent of the conflict.
  1. Registration

 

  1. In order to use our services you must first apply to register a user account. Acceptance of your application to register a user account is in our sole discretion.
  2. In order to register for a user account you must provide the following accurate information:
  1. Your real name.
  2. Your email address;
  3. Your AHPRA number or other medical professional registration identification;
  4. A password, to be selected by you;
  5. A contact number;
  6. Such other information as we may reasonably require of you from time to time.
  1. The following criteria must be met for ADG to consider granting you a user account:
  1. You must be a medical doctor or medical student, an allied health professional or part of the broader medical industry. In order to register for a user account you must be able to provide evidence, to our reasonable satisfaction, that you are either a licenced medical practitioner, or a current medical student or part of the broader medical industry. Where you are located in a jurisdiction with a publicly available register of medical practitioners then we may elect to verify your registration as a medical practitioner as a prerequisite to granting you a user account. In a jurisdiction where medical practitioners are required to be registered, but there is no publicly available copy of that register we may require you to provide proof of your registration as a medical practitioner prior to granting you a user account.
  2. You must have legal capacity to agree to The Terms.
  3. Your use of our services must not breach the applicable law of this agreement and any law in force in your country of residence or any country in which you use our services.
  4. You must be under no restriction whether legal or otherwise, which prohibits you from agreeing to The Terms or using our services.
  1. The registration, including the continued registration, of your user account and your use of our services is conditional upon you complying with The Terms and these ADG User Terms. If you change any of Your Information you must update it and keep all your registration details accurate. You agree that we may send text messages or phone calls as part of the registration process or to access our services.
  2. Your Information as set out in the Website Terms and Conditions applies to these ADG User Terms also.

 

  1. Your Obligations

In using our services you agree to comply with the following obligations:

You will:

  1. Keep all your user account access details (including your password) confidential;
  2. Comply with any and all laws applicable to your use of the services, the laws in force in your country of residence and the laws in force in any country in which you access or use the services;
  3. Use your real name in relation to the services;
  4. Be honest, professional and courteous in your use of the services and your interactions with other users of the services;
  5. Notify us immediately if you become aware of any unauthorised use of your user name or password or of any misuse of your user account;
  6. Ensure that the person you are communicating with is the intended party for the communications.

You will not:

  1. Use the website or services as a practice management system;
  2. Wilfully or negligently provide incomplete, false or misleading information;
  3. Create or seek to register a user account using a false identity, whether that identity is the identity of another person, living or dead, or a fabricated identity;
  4. Misrepresent your areas of practice, specialty or previous experience;
  5. Misrepresent your identity;
  6. Allow any other person, to access your user account or to provide information to us on your behalf;
  7. Act in a harassing, abusive, obscene, inappropriate, defamatory or otherwise unprofessional manner;
  8. Collect and/or use the information provided by other registered users of the services for the purposes of sending spam or other mass marketing information to them;
  9. Engage in conduct which is contrary to the requirements of any applicable industry or medical standards, enforceable guidelines or code of practice;
  10. Seek to commercialise or monetise any aspect of the services;
  11. Share messages, content or comments created by users of this service on the website with third parties in any manner;
  12. Infringe any other person’s intellectual property rights;
  13. Collect or harvest any information from the website or service other than as permitted by us;
  14. Circumvent or override any of the security or privacy features of the services; or
  15. by the use of any device, software, action or instruction, interfere or attempt to interfere with the proper working of the website or any activities being conducted on the website.
  1. Our Rights
  1. Where technically possible, ADG will have the right to review your communications on this website to determine whether you comply with The Terms. We will not have any liability or responsibility for the content of any communications you make on or via this website, or for any errors or violations of any laws or regulations by you. We will comply with any court order in disclosing the identity of any person making communications on or via this website.
  2. If we suspend your access to the website, you agree that you will not seek to gain access to the website by creating an additional user account.
  1. Liability, Indemnities and Acknowledgements

To the fullest extent permitted by law, and without in any way limiting the application of the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth):

  1. You acknowledge and agree that by providing the services we do not purport to provide any medical advice. Any content which might constitute medical advice is provided by registered users of the services and they are solely responsible for any loss or damage caused to any person due to the reliance on the third party information by any person.
  2. We are not responsible for any obligations nor have any liability to you in relation to any loss, unauthorised access, security, breaches, or incidents involving your property such as your mobile phone or computer.
  3. We are not responsible for and you indemnify us against and release us from all liability in relation to any loss or damage incurred by you or any other person as a result of your use of the services or reliance on any information made available on the or through the services.
  1. Termination
  1. Termination By You

You may terminate these ADG User Terms at any time, without notice to us, by de-registering your user account. Instructions on how to do so may be found on our website.

  1. Termination By Us

We may terminate these ADG User Terms and de-register and remove your user account from our website and services if:

  1. We provide you 30 days notice of our intention to do so, or;
  2. Without notice to you in the event that we become of the reasonable opinion that you have breached the obligations imposed on you by The Terms;
  3. Effect of Termination;
  4. Any provisions of The Terms which are so intended, either expressly or through implication, survive termination of The Terms.  

 

ADG COMMUNITY RULES

These are our ‘House Rules’ for commenting or posting.

 

Please be kind to each other. There is enough misery in the world. Part of our mission is to encourage respectful debate and provide a forum for discussion. All comments are published unmoderated. However, we do not tolerate abuse, threats or potential defamation and will remove comments, or people, from the website when we deem necessary.

 

As a general guide, comments will be removed if they:

 

  1. Are off topic.
  2. Are defamatory or inflammatory.
  3. Contain threats or personal attacks.
  4. Use personal information, including home or work addresses, phone numbers or email addresses.

 

Note:  We also apply Godwin’s law.

 

 

    1. Introduction

 

 

These are ADG’s strict rules regarding the information which may be uploaded or transmitted through this website. These rules form part of our The Terms. These rules include, but are not limited to, restricting the uploading or transmission of information which is (collectively “Inappropriate Information”):

  1. Misleading, inaccurate or deceptive.
  2. Defamatory.
  3. Intellectual property rights misuse or infringements.
  4. Threatening or harassing.
  5. Obscene or pornographic (having regard to the context in which the information is provided) or
  6. In the nature of, or containing, damaging or malicious software or computer code.

ADG is committed to removing Inappropriate Information as and when it is brought to ADG’s attention.

In order to facilitate this aim we have put in place the following complaints process. If you are of the opinion that any information or comments contained on this website constitutes inappropriate Information, breaches community guidelines or that such information defames you in any way, please follow the procedure below to allow us to assess your claim.

Please note that, pursuant to legislation in force in Australia, in some circumstances making an unjustified or groundless threat of action or proceedings may give the threatened entity a cause of action against you. If you have any doubts regarding your rights we recommend consulting a legal professional prior to making a complaint.

  1. Complaint Procedure

If you wish to make a complaint that any inappropriate information is contained on our website, please send an email to along with the following information:

  • Your name.
  • The name of the user of our website who you believe has provided or used the Inappropriate Information;
  • A description (including a screen-shot where available) of the relevant Inappropriate Information;
  • Any evidence which you can provide in support of your allegation, including, where possible, a description of how you have been defamed, or in what ways the Inappropriate Information breaches our rules.

Upon receipt of a complaint in compliance with the above requirements we shall take the following actions:

  • Assessing your complaint and where appropriate removing the alleged Inappropriate Information from our website. Please note that this will not include immediate removal from our own back-ups or from the cache. We are also not able to remove material from any other website which may have taken an image of our website; and
  • Provide a notice to the person who submitted the alleged Inappropriate Information, including the nature of the complaint (without specifically identifying the complainant, unless required to do so by law).

In the event that you receive a notice from us you may respond requesting us to allow the alleged Inappropriate Information to be replaced on our website. While the decision to do so will be solely at our discretion, we may require you to do one or both of the following prior to us agreeing to your request:

  • Provide conclusive evidence confirming that the alleged Inappropriate Information does not in fact breach The Terms. We may elect to provide this information to the complainant, and by providing it to us you agree to us doing so, for their comments on the nature or accuracy of your evidence; and/or
  • Provide a signed Deed of Indemnity, under which you agree to indemnify us against any and all loss or damage suffered by us as a result of us publishing the relevant Inappropriate Information on our website.

Note that by requesting you to comply with either or both of the above requirements, or by you so complying, we are not agreeing to allow the relevant Inappropriate Information to be republished on our website. The final decision as to whether to allow the republishing of any removed Inappropriate Information shall be solely at our discretion.

The fact that we remove any Inappropriate Information from our website is not to be taken as an admission by us that the Inappropriate Information in any way infringed the rights of any person or any law applicable to the publishing of materials on this website.