1. Terms of Use

This web site (“Web Site”) is hosted by The George Institute for Global Health (ABN 90 085 953 331) (“TGI”) for and on behalf of the Australian Sepsis Network (“ASN”). By accessing or using this Web Site, you agree to accept and comply with the terms, conditions, notices and disclaimers stated below and elsewhere on the Web Site (known collectively as the “Terms of Use”).

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be made available on the Web Site as they are changed. By continuing to use the Web Site you accept the Terms of Use as they apply from time to time.

2. Disclaimer

All information, text, material, images, graphics, publications, reports and works contained on and/or accessed via the Web Site (“Content”) is provided for your general interest and is only intended to provide a summary and general overview of the matters of interest.

We have used our best endeavours to ensure that all Content is correct and current at the time of publication; however neither TGI nor ASN will be held responsible for errors, omissions or defects in the Content, or liable for any direct, indirect, incidental, special and/or consequential damages, in whole or in part, resulting from your use or any user’s use of or reliance upon the Content or the Content of any third party web site which is linked to the Web Site (“Third Party Sites”).

The Web Site is not provided for, or intended as, a means of disseminating medical advice. Content should not be relied upon for medical purposes in any way. If medical advice is required you should seek expert medical assistance.

3. Limitation of Liability

The Web Site is provided on an ‘as is’ basis. To the extent permitted by law:

(a)     neither TGI nor ASN makes any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site or the Content or products on the Web Site;

(b)     TGI and ASN expressly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose;

(c)     neither TGI nor ASN warrants that the functions on the Web Site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits Content to you is free of viruses or other harmful components; and

(d)     neither TGI nor ASN warrants or makes any representation regarding your access to, or the results of your access to, the Web Site (including any Third Party Sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including, but not limited, to any act or omission on the part of TGI or ASN) does TGI or ASN accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Web Site.

You expressly acknowledge and agree that TGI and ASN do not exert control over users of the Web Site (including individuals referred to on the Web Site) and is not liable either for their opinions or their behaviour including any Content and/or advice and any defamatory statements or offensive conduct.

TGI and ASN’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of TGI or ASN (as applicable) to the following:

(a)     in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

(b)     In the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

4. Third Party Sites and Advertising

The Web Site may contain links to Third Party Sites. Whilst TGI and ASN may be associated or affiliated with Third Parties, neither TGI nor ASN is associated or affiliated with any Third Party Site and the Content in any Third Party Sites is not produced by nor is it the responsibility of TGI or ASN. TGI and ASN do not sponsor, endorse or support, in any way, the goods, services or Content supplied by or displayed on Third Party Sites.

TGI and ASN do not permit the Web Site to be linked to any Third Party Site without our prior written consent.

5. Grant of Licence by User to TGI and ASN

If you place any information or other material on the Web Site, including without limitation posting messages, uploading files, inputting data or engaging in any form of communication, subject to the Privacy Policy, you grant to TGI and ASN

(a)     a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to:

(i)       use, copy, sublicense, redistribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material; and

(ii)     sublicense to any third party the unrestricted right to exercise any of the rights outlined in sub-paragraph (i) above; and

(b)     the right to exploit all proprietary rights in any information or material including, without limitation, rights under copyright, trademarks, designs and/or patent laws in any jurisdiction worldwide. You agree to execute and deliver to the Institute all instruments and take all action that may be required to carry out this grant of licence.

6. Warranties

If you place any Content on the Web Site, including without limitation posting messages, uploading files, inputting data or engaging in any form of communication, you warrant that you have obtained all the necessary assignments or licences in respect of any Content supplied by a third party to you, including without limitation any authoring tool, application software or other program used in the development and production of the information supplied.

7. Copyright and restriction on use of Content

All rights are reserved to TGI and ASN. All Content, software and advertisements on the Web Site are protected by Australian and international copyright and trademark laws. Content on the Web Site is published in real-time. Using an industry standard Web browser, you may download, display and browse the Content including making copies in a temporary storage device necessary to facilitate browsing and print hard copies in unaltered forms for your own personal, non-commercial use provided that you:

(a)     do not download the Content in its entirety as a single file;

(b)     do not modify the copy of the Content from how it appears on the Web Site;

(c)     include the copyright notice ‘©Australian Sepsis Network’ in the copy of the Content; and

(d)     comply with all provisions of the Copyright Act 1968 (Cth) and all other relevant Australian and international copyright and trademark laws.

You must not otherwise modify, copy, reproduce, adapt, frame, publish, transmit (including broadcast), distribute, upload to a third party, link to or otherwise use any of the material on the site, including audio and video excerpts, except as expressly permitted by law or with the Institute’s prior written consent.

You must not use the Web Site in any manner or for any purpose that:

(a)     is unlawful;

(b)     violates any rights of TGI and/or ASN; or

(c)     is prohibited by the Terms of Use.

8. Trademarks

You may not use TGI’s or ASN’s trade marks in connection with any product or service that does not belong to TGI or ASN or in any manner that is likely to cause confusion, or that disparages or discredits TGI or ASN.

You may not use TGI’s or ASN’s trade marks in any way, including, without limitation, in advertising or publicity relating to distribution of materials, without the express prior written permission of TGI or ASN (as applicable).

All other trademarks displayed on the Web Site are trademarks of their respective owners. Nothing contained on the Web Site should be construed as granting a licence or right to use of any trade mark displayed in the Web Site without the express prior written permission of the Institute or the owner of the relevant trade mark.

9. Applicable Law

The Terms of Use are governed by and to be construed in accordance with the laws of New South Wales, Australia and the Commonwealth of Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales and Australia. If any provision of the Terms of Use is found to be invalid or unenforceable by such a court, such invalidity or unenforceability will not affect the remainder of the Terms of Use that will continue to have force and effect.

Neither TGI nor ASN makes any representation that the content of the Web Site complies with the laws of any country outside Australia.

All rights not expressly granted herein are reserved.