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Preamble
Access to this website is strictly subject to the
terms and conditions outlined in the agreement below. In this agreement,
"we" and "us" refer to MedEntry, 'the Site' refers to www.eureka-umat.com.au
and "you" refers to the applicant.
1. General
The products and services displayed on this website
are limited to persons who are eligible to enter into contracts under
applicable laws. If you do not meet these requirements, you cannot
purchase goods or services on our website. All materials appearing
on this site, including site design, text, graphics, icons, interfaces,
and the selection, assembly and arrangements are owned or licensed
by MedEntry. MedEntry reserves the right to reject your application
to become a registered user. MedEntry also reserves the right to suspend
user privileges and block access of any registered user who violates
this User Agreement. Use of this website implies your consent to this
Agreement. If you do not agree with any provisions in this Agreement,
you must discontinue use of this site immediately. This website may
have links to other third-party websites which we have no control
over and as such we are not responsible for their content.
2. Refund/Return Policy
Returns, refunds or exchanges will not be provided
to you unless there are exceptional circumstances and the decision
whether to provide a return, refund or exchange is solely at our discretion.
In any situation (whether they relate to goods or services), a written
letter will need to be provided to MedEntry stating your name and
contact details, the full history of the transaction in question,
the full list of reasons why you are requesting a refund/exchange,
the contact person that you have dealt with from MedEntry, photocopies
of all relevant documents related to the situation and any other documents
and information that we deem to be relevant.
Goods: 'Exceptional circumstances' include if the
goods are seriously defective. Evidence will need to be provided as
to the nature of the defect. The appropriate remedy will be provided
depending on the nature of the defect.
3. Currency
All prices on this website are in Australian Dollars
(AUD) and all purchases will be made in Australian Dollars.
4. Delivery Policy
Our goods will be made available online to you via
our Learning Management System. You will be responsible for providing
the correct email address and MedEntry will be in no way held responsible
if the email address provided to us is inaccurate, outdated or incorrect.
You will have access to the Learning Management System until 2 weeks
after the UMAT, at which time access to your UMAT resources will be
suspended.
5. Use of this website
You will not use the Site:
(a) for the posting, uploading, emailing or other
transmission of any material, the publication, dissemination, use
or possession of which infringes the rights of any person or which
is unlawful in any other respect;
(b) in any way which is abusive, defamatory or obscene
or which will harass, distress or inconvenience any person or which
might restrict or inhibit the use and enjoyment of the Site by any
person;
(c) for the posting, uploading, emailing or other
transmission of any unsolicited or unauthorised advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation or
commercial exploitation;
(d) for the posting, uploading, emailing or other
transmission of any material that contains software viruses or any
other computer code, files or programs designed to interrupt, restrict,
destroy, limit the functionality of or compromise the integrity of
any computer software or hardware or telecommunications equipment;
(e) to create a commercial database (electronic
or otherwise) that includes material downloaded or otherwise obtained
from the Site;
(f) to transmit or re-circulate any material obtained
from the Site to any third party;
(g) in such a way so as to remove the copyright
or trade mark notice(s) from any copies of any material made in accordance
with these terms; or
(h) in any way that might bring MedEntry into disrepute.
6. Copyright
All content included on the Site is the sole property
of MedEntry and is protected by Australian copyright and other intellectual
property laws.
Except where necessary for and incidental to viewing
the material on this Website via your web browser, or as permitted
under the Copyright Act 1968 (Cth) or other applicable laws, a ny
use of content other than in accordance with this Agreement, including
the reproduction, modification, distribution, transmission, republication,
display, or performance except as expressly authorised by MedEntry,
is strictly prohibited.
7. Licensing
Unless otherwise explicitly stated, it is assumed
that purchases of our products are for a single licence for use on
one computer only. Any activity that does not comply by these terms
will be deemed a breach of copyright.
8. Termination
You may terminate your registration on our website
at any time by providing written or email notice to MedEntry with
all appropriate details (including your password). MedEntry reserves
the right to terminate your registration at any time and after termination,
all applicable provisions of this agreement will survive. If you would
like to be removed from our mailing list, you may do so at any time
by clicking on the link to unsubscribe in any of our mailouts.
9. Indemnity
You agree to defend, indemnify and hold harmless
MedEntry and any of its directors, officers, agents and employees
from and against any and all third party claims and all liabilities,
assessments, losses, costs or damages resulting from or arising out
of or related to (i) any breach by you of any term or condition of
this Agreement or (ii) your engagement in any transactions on or use
of our web site including, without limitation, any disputes between
you and another user or any other party and any other claims arising
out of or in any way connected with any transactions conducted via
our web site. If any such action shall be brought against any indemnified
party, they shall notify you in writing and you shall assume and control
the defence and settlement of each such action, including the employment
of counsel and payment of all expenses. Any indemnified party shall
have the right to employ separate counsel in any such action and participate
in the defence, at their own cost unless otherwise agreed to by you.
10. Limitation of Liability
MedEntry shall not be liable to you or any third
party for any direct, special, indirect, consequential or incidental
damages (or any loss of revenue, profits or data) incurred arising
out of the use or the inability to use this website, or out of any
breach of a representation of warranty, regardless of the type of
claim or the nature of the cause of action, even if we have been advised
of the possibility of such damage or loss.
Our liability for damages, for any cause or based
on any matters arising from this agreement, shall be limited to the
total amount paid in during the preceding twelve months of service
by you to MedEntry under this agreement. This may, at our option,
take the form of reprovision, repair or payment of the cost of providing
the goods and/or services in question.
11. Disclaimer
Access to the MedEntry website and its content,
products and services are provided "as is." The contents of the MedEntry
web site are distributed to you without any warranty of any kind.
MedEntry, its directors and employees, disclaim any and all warranties,
express or implied, including, without limitation, any implied warranties
of merchantability or fitness for a particular purpose concerning
or relating to the information provided on the MedEntry web site.
Use of the site and its contents are at your risk. We shall not be
held liable for any damages you may incur from your use of this site.
Although MedEntry makes every reasonable effort to do so it makes
no representations that the information presented is accurate, complete
or timely. Accordingly, we will not be liable to you or any other
person or organisation seeking relief through you for any decision
made or actions taken in reliance on any information presented by
MedEntry that results in any indirect, special, punitive, consequential,
incidental loss or damage of any nature arising from any cause whatsoever
(including, but not limited to, trading losses, loss of anticipated
revenue, personal injury, or other indirect loss or damage), even
if MedEntry has been advised of the possibility of such damages.
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