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Dr Deb The Travel Doctor

Level 5, 247 Adelaide Street, Brisbane, Queensland, Australia

T: +61 7 3221 9066 | F: +61 7 3221 7076

E: clinic@thetraveldoctor.com.au

Postal: GPO Box 2832, Brisbane, Queensland, Australia 4001

ABN: 76 071 390 693

 

Website Terms and Conditions

DD219

 

1. Purpose

 

(1)      The purpose of this Website Terms and Conditions is to, without limitation, set forth the terms and conditions for accessing, viewing and using the website.

 

2. Repeal and Enactment

 

(1)      Website Terms and Conditions with a Version Number of less than 2.1 are repealed.

 

(2)      This Website Terms and Conditions (Version Number 2.1) is:

 

(a)      a policy; and

 

(b)      enacted.

 

3. Interaction with Policies

 

(1)      This Website Terms and Conditions is subject to:

 

(a)      the Governing Policy (available at http://www.thetraveldoctor.com.au/governing_policy.htm);

 

(b)      the Email Terms and Conditions (available at http://www.thetraveldoctor.com.au/email_terms_conditions.htm); and

 

(c)      the Privacy Policy (available at http://www.thetraveldoctor.com.au/wp-content/uploads/2015/08/privacy.pdf).

 

4. Definitions

 

(1)      Terms that appear in bold are defined in Schedule 1.

 

5. Ownership

 

(1)      The website is owned and governed by Dr Deb The Travel Doctor.

 

6. Intellectual Property

 

6.1. Licence

 

(1)      Content available on the website, other than that content mentioned in Section 6.1(2), is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License (available at http://creativecommons.org/licenses/by-nd/4.0/) by Dr Deb The Travel Doctor.

 

(2)      Content available on the website that is not licenced under a Creative Commons Licence by Dr Deb The Travel Doctor:

 

(a)      is the property of a third party, unless confirmed otherwise;

 

(b)      has been copyrighted by a third party, unless confirmed otherwise;

 

(c)      has been made available on the website:

 

(i)        pursuant to law; and

 

(ii)       under license, unless confirmed otherwise; and

 

(d)      encompasses:

 

(i)        all images, excluding the Dr Deb The Travel Doctor logo;

 

(ii)       all maps and map data ( 2016 Google); and

 

(iii)      all fonts.

 

(3)      Permission must be obtained from the copyright owner of third party content to use that content, unless confirmed otherwise.

 

6.2. Attribution

 

6.2.1. Instructions

 

(1)      Content obtained from the website that is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License by Dr Deb The Travel Doctor must be attributed to Dr Deb The Travel Doctor pursuant to the Creative Commons Attribution-NoDerivatives 4.0 International License.

 

6.3. Severability

 

(1)      Notwithstanding Section 6.1 to Section 6.2, if there is an inconsistency between this Website Terms and Conditions, or part thereof, and the Creative Commons Attribution-NoDerivatives 4.0 International License, or part thereof, or a licence, within the meaning of Section 6.1(2)(c)(ii), or part thereof, that Creative Commons Attribution-NoDerivatives 4.0 International License or licence shall prevail, and this Website Terms and Conditions, to the extent of the inconsistency, shall be severed, invalidated and deleted, and all other Sections, or part thereof, of this Website Terms and Conditions shall continue to be in force.

 

7. Hyperlinking

 

(1)      A hyperlink to the website must:

 

(a)      use accurate display text; and

 

(b)      not use an inline linking technique.

 

(2)      A website that hyperlinks to the website must not contain content that is defamatory, is distasteful, is obscene, is offensive, is scandalous, contravenes a law, disparages or adversely affects the brand or reputation of Dr Deb The Travel Doctor or the goods and services offered by Dr Deb The Travel Doctor, makes a representation, not previously authorised by Dr Deb The Travel Doctor, about Dr Deb The Travel Doctor or the goods and services offered by Dr Deb The Travel Doctor, including a representation of an endorsement, a sponsorship, an affiliation or an approval of that website, the host of that website or the owner of that website by Dr Deb The Travel Doctor, or claims that a document belonging to Dr Deb The Travel Doctor belongs to that website, the host of that website or the owner of that website.

 

8. Security

 

(1)      Access to, viewing of and use of the website cannot be guaranteed to be secure and error-free as website transmission may:

 

(a)      be intercepted, be corrupted, be lost, be destroyed or arrive late or incomplete; or

 

(b)      contain a virus, another malicious computer program or code, or another thing that may damage a computer that accesses, views or uses the website or data on that computer.

 

9. Privacy

 

9.1. Interaction with Privacy Policy

 

(1)      The collection, storage, use and disclosure of personal information in relation to the website is pursuant to the Privacy Policy.

 

9.2. Tracking

 

(1)      Upon accessing, viewing or using the website, a worker or Dr Deb The Travel Doctor may record and store:

 

(a)      the Internet Protocol Address used to access, view or use the website; or

 

(b)      how the website was accessed, viewed or used; or

 

(c)      the device used to access, view or use the website; or

 

(d)      the kind of device used to access, view or use the website; or

 

(e)      the location of the device used to access, view or use the website; or

 

(f)        the operating system of the device used to access, view or use the website; or

 

(g)      the internet browser used to access, view or use the website; or

 

(h)      the version of the internet browser used to access, view or use the website; or

 

(i)        the language of the internet browser used to access, view or use the website; or

 

(j)        whether the website was accessed, viewed or used; or

 

(k)      the time and date that the website was accessed, viewed or used; or

 

(l)        the duration for which the website was accessed, viewed or used; or

 

(m)     the frequency with which the website was accessed, viewed or used.

 

10. Online Forms

 

(1)      For the purposes of this Website Terms and Conditions, submission of an online form within the website constitutes the transmission of an email to Dr Deb The Travel Doctor by the submitter of that online form.

 

11. Content

 

(1)      Dr Deb The Travel Doctor does not warrant or represent the accuracy, completeness, currency or relevance of any content available on the website.

 

(2)      Content available on the website:

 

(a)      may contain errors, inaccuracies or omissions; or

 

(b)      may not be current; or

 

(c)      may change at any time without notice, and may include changes to:

 

(i)        the Website Terms and Conditions; or

 

(ii)       content relating to charges and services.

 

(3)      Content available on the website:

 

(a)      is not intended to, does not constitute and is not a substitute for advice of any kind, including personal, medical, legal, financial or investment advice; and

 

(b)      is made available for general informational purposes only.

 

(4)      Accessing, viewing or using the website does not establish a relationship of any kind.

 

(5)      Access to, viewing of or use of the website:

 

(a)      may not be uninterrupted; or

 

(b)      may be discontinued, varied or made unavailable at any time without notice.

 

(6)      A hyperlink from the website to a website, other than a hyperlink to the website, does not imply or constitute any relationship with or endorsement of that website, the host of that website or the owner of that website by Dr Deb The Travel Doctor.

 

(7)      A hyperlink from the website to a document, other than a hyperlink to a document hosted by Dr Deb The Travel Doctor, does not imply or constitute any relationship with or endorsement of that document, the host of that document or the owner of that document by Dr Deb The Travel Doctor.

 

12. Acceptable Access, Viewing and Use

 

(1)      The website, including all content available on the website, must not:

 

(a)      be accessed, viewed or used in a way that:

 

(i)        causes, or may cause, damage to the website; or

 

(ii)       impairs, or may impair:

 

(α)      the ability to access, view or use the website; or

 

(β)      the function or operation of the website intended by Dr Deb The Travel Doctor; or

 

(iii)      causes a document or the website to transmit a document that contains content that is defamatory, is distasteful, is obscene, is offensive, is scandalous, contravenes a law, disparages or adversely affects the brand or reputation of Dr Deb The Travel Doctor or the goods and services offered by Dr Deb The Travel Doctor, makes a representation, not previously authorised by Dr Deb The Travel Doctor, about Dr Deb The Travel Doctor or the goods and services offered by Dr Deb The Travel Doctor, or claims that a document belonging to Dr Deb The Travel Doctor belongs to another person; or

 

(iv)      causes a document or the website to copy, store, host, transmit, use, publish or distribute a virus, another malicious computer program or code, or another thing that may damage a computer that accesses, views or uses a document, the website or data on that computer; or

 

(v)       causes a person that accesses, views or uses the website to contravene a law; or

 

(vi)      causes a worker or Dr Deb The Travel Doctor to contravene a law; or

 

(b)      be subjected to systematic or automated data collection activities unless authorised by Dr Deb The Travel Doctor.

 

13. Restricted Access, Viewing and Use

 

(1)      Access to, viewing of or use of specific subpages of the website is restricted.

 

(2)      If a worker or Dr Deb The Travel Doctor provides a person with a username and password to enable that person to access, view or use specific subpages of the website that are otherwise restricted, that person:

 

(a)      must ensure that that username and password remain confidential;

 

(b)      is responsible and liable, to the fullest extent permitted by law or otherwise, for all actions and inactions via that username; and

 

(c)      must immediately inform Dr Deb The Travel Doctor of any unauthorised actions or inactions in relation to that username.

 

(3)      A worker or Dr Deb The Travel Doctor may restrict access to, viewing of or use of the website or specific subpages of the website at any time without notice, to the fullest extent permitted by law or otherwise.

 

(4)      Without limiting Section 13(3), a worker or Dr Deb The Travel Doctor may restrict access to, viewing of or use of specific subpages of the website by disabling or deleting a username or password provided by a worker or Dr Deb The Travel Doctor at any time without notice.

 

14. Liability

 

14.1. No Liability

 

(1)      No worker nor Dr Deb The Travel Doctor is liable for:

 

(a)      an error, inaccuracy or omission in any content available on the website; or

 

(b)      a change to any content available on the website; or

 

(c)      interruption to, discontinuation of, variation of or unavailability of access to, viewing of or use of the website; or

 

(d)      the performance of the website; or

 

(e)      a hyperlink from the website to a website or content available on a website, other than a hyperlink to the website; or

 

(f)        a hyperlink from the website to a document, other than a hyperlink to a document hosted by Dr Deb The Travel Doctor; or

 

(g)      any interception, corruption, loss, destruction, delay or incompleteness of website transmission; or

 

(h)      a virus, another malicious computer program or code, or another thing that may damage a computer that accesses the website or data on that computer;

 

to the fullest extent permitted by law or otherwise.

 

(2)      Without limiting Section 14.1(1), no worker nor Dr Deb The Travel Doctor is liable for any consequential, direct, incidental, indirect or special charges, costs (including without limitation legal costs and defence or settlement costs), claims, damages, deaths, expenses, injuries, liabilities, losses or penalties (including without limitation damages for loss of profits, corruption or loss of data, failure to transmit or receive data, business interruption or any other commercial damages or losses) in relation to or arising out of a matter mentioned in Section 14.1(1), regardless of whether a worker or Dr Deb The Travel Doctor has been expressly informed or advised of the prospect of liability in relation to or arising out of a matter mentioned this Section 14.1, to the fullest extent permitted by law or otherwise.

 

14.2. Limitation of Liability

 

(1)      The liability of a worker or Dr Deb The Travel Doctor for a breach of a condition or warranty, that cannot be excluded by law or otherwise, is limited to the fullest extent permitted by law or otherwise, at the option of Dr Deb The Travel Doctor, to:

 

(a)      resupply the website, or part thereof; or

 

(b)      pay the cost of having the website, or part thereof, resupplied.

 

(2)      For the avoidance of doubt, Section 14.2(1) does not limit, to the fullest extent permitted by law or otherwise, Section 15(1)(e)(iii).

 

15. Understanding, Acknowledgement, Acceptance, Agreement and Express Consent

 

(1)      An individual, by accessing, viewing or using the website, understands, acknowledges, accepts, agrees and expressly consents, to the fullest extent permitted by law or otherwise:

 

(a)      that the use of any content available on the website is at the sole risk of that individual;

 

(b)      to indemnify all workers and Dr Deb The Travel Doctor against all consequential, direct, incidental, indirect or special charges, costs (including without limitation legal costs and defence or settlement costs), claims, damages, deaths, expenses, injuries, liabilities, losses or penalties (including without limitation damages for loss of profits, corruption or loss of data, failure to transmit or receive data, business interruption or any other commercial damages or losses) in relation to or arising out of a contravention of this Website Terms and Conditions by that individual;

 

(c)      that Dr Deb The Travel Doctor may transfer, sub-contract or otherwise deal with a duty, an obligation, a power, a privilege, a remedy or a right of Dr Deb The Travel Doctor pursuant to this Website Terms and Conditions at any time without notice to that individual, or the understanding, acknowledgement, acceptance, agreement or consent of that individual;

 

(d)      not to transfer, sub-contract or otherwise deal with a duty, an obligation, a power, a privilege, a remedy or a right of that individual pursuant to this Website Terms and Conditions; and

 

(e)      that it is the responsibility of that individual to:

 

(i)        consult directly with workers to confirm the accuracy, completeness, currency and relevance of content available on the website before undertaking an action or failing to undertake an action based upon content available on the website;

 

(ii)       obtain appropriate independent professional advice before undertaking an action or failing to undertake an action based upon content available on the website;

 

(iii)      to pay all costs incurred to access, view and use the website, including internet access and telecommunications charges, and computer hardware and software expenses;

 

(iv)      to undertake all procedures to satisfy the requirements of that individual for accessing, viewing and using the website, including antivirus scans, antispyware scans, and firewall monitoring and controls;

 

(v)       to this Website Terms and Conditions and all policies set forth within Section 3(1) to the extent that this Website Terms and Conditions is subject to those policies; and

 

(vi)      that, for the avoidance of doubt, a reference to a policy within Section 15(1)(e)(v) includes that policy as amended, supplemented, varied or replaced, from time to time.

 

Schedule 1

 

Dictionary

 

Document has the same meaning as in the Governing Policy.

 

Dr Deb The Travel Doctor has the same meaning as in the Governing Policy.

 

Email has the same meaning as in the Email Policy.

 

Law has the same meaning as in the Governing Policy.

 

Person has the same meaning as in the Governing Policy.

 

The website means:

 

(f)        http://www.drdeb.com.au and its and each of its subpages;

 

(g)      http://www.qfever.com.au and its and each of its subpages;

 

(h)      http://www.thetraveldoctor.com.au and its and each of its subpages;

 

(i)        http://www.travelmedicine.com.au and its and each of its subpages;

 

(j)        http://www.travellingwell.com.au and its and each of its subpages; and

 

(k)       http://www.yellowfever.com.au and its and each of its subpages.

 

Worker has the same meaning as in the Governing Policy.