Terms & Conditions
In order to use Medimates, you must create an account (Member Account).
By registering for a Member Account, you further agree that:
- You will not create more than one personal Member Account;
- You will not create a Member Account for anyone but yourself without their permission;
- You will not create a Member Account with false information;
- If we disable your Member Account for any reason, that you will not attempt to make a new Member Account;
- You will not use your Member Account for commercial gain; and
- You will not transfer your Member Account to anyone without first gaining our written permission.
If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to
- exercise supervision over the Minor's use of our website and account;
- assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
- assume liabilities resulting from the Minor's use of our website and their account;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
Use of Services
We may alter or amend any aspect or part of the Services at any time in our sole discretion without prior notice or liability to you. Notwithstanding the foregoing, you acknowledge that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the Services.
The Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). We reserve the right to cease the operation of the Services, or any part thereof, at any time without prior notice or liability to you.
You own all content and information that you post, upload, display or otherwise make available via the Service (collectively “Post”).
By creating a Member Account, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you supply on your Member Account, as well as any information you Post on the Service or transmit to other users (collectively, Content). This licence is granted by you to us for the purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Medimate users).
This licence ends when you delete your Member Account, unless your Content has been shared with other users and they have not deleted it. You also understand that deleted Content may persist in backup copies for a reasonable period of time.
You must not add/remove any Content to/from the Services:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- infringes the intellectual property or other rights of any third party;
- brings or could bring us into disrepute;
- is or could reasonably be considered to be deceptive, misleading, false, fraudulent, obscene, defamatory, disparaging, indecent, seditious, offensive, scandalous, sexually explicit, threatening, abusive, harassing, hateful, degrading, intimidating, graphically violent, liable to incite racial hatred, discriminatory, blasphemous or otherwise inappropriate;
- unlawfully impersonates any person (including by way of celebrity look-a-likes or sound-a-likes), or states or misrepresents any affiliation with any person where such affiliation does not exist;
- depicts, encourages, promotes or induces conduct that could violate any law or give rise to criminal or civil liability;
- contains any personally identifying or other personal information about you or any other person except as requested by us in line with the provision of Services to you;
- is in breach of confidence or in breach of privacy, or contains any confidential information, material, or non-public information about any individual, person, or company without express approval of the individual, person, or company; or
- contains or omits any information or instruction that might be injurious to any person’s physical wellbeing.
Provision of Personal Information
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you.
- how we store and use, and how you may access and correct your personal information;
- how you can lodge a complaint regarding the handling of your personal information; and
- how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at email@example.com
Promotions and Competitions
Mobile and Other Devices
Please be aware that when you access or use the Services on your mobile or other personal device that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
Our services may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual Property Rights
In using the Services you agree that you shall not (and will not permit anyone else) to adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any intellectual property in the Services. You agree that you will not use any intellectual property in a way that is likely or intended to cause confusion about the owner or authorised user of the intellectual property. Any reproduction or redistribution of the Services is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
If you believe that any materials on the Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative, and must:
- identify the allegedly infringing materials;
- indicate where on the Website the infringing materials are located;
- provide your name and contact information;
- state that you have a good faith belief that the materials are infringing;
- state that the information in your claim is accurate; and
- indicate that you are the lawful copyright owner or are authorised to act on the owner's behalf.
If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice in accordance with our requirements. Our contact for copyright issues relating to the Services (including the notices and counter-notices) is firstname.lastname@example.org
Services Code of Conduct
Certain types of conduct are inappropriate when using the Services. You agree not to engage or encourage others to engage in such inappropriate conduct. In particular, but without limitation, you must not:
- Use, share, upload, create or deal in any way with any material that infringes or violates any third party rights (including copyright or trade mark);
- Impersonate any person or entity without their prior authorisation;
- Obtain or attempt to obtain another person’s password or other details in connection with the Services;
- Harvest any information or communicate another person’s information or details without their prior consent;
- Falsely state or otherwise misrepresent your affiliation with a person or entity;
- Threaten, stalk, intimidate, harass, bully, assault, pester or do anything else unwanted to another person;
- Use offensive, vulgar, profane, invasive, abusive or obscene language or gestures;
- Use racially, religious or sexually offensive language or gestures;
- Use, share, upload, create or deal in any way with material that is defamatory, libellous, derogatory malicious, demeaning or hateful;
- Use, share, upload, create or deal in any way with material that contains “viruses”, “Trojan horses”, “copybots”, “worms”, spyware, “time bombs”, “cancelbots” or any other computer programs or codes that are intended to damage, interrupt, destroy, detrimentally interfere with or limit the functionality of any computer system, computer software or hardware, data, personal information or telecommunications equipment or other such device;
- Modify, or attempt to modify, any underlying computer code in the Services and/or any related material;
- Directly or indirectly send “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, unauthorised advertisements or unauthorised promotion;
- Use, share, upload, create or deal in any way with material that is obscene, pornographic, harmful to children, depicts gratuitous violence, sexually explicit, unlawful or illegal; or
- Discuss or encourage illegal activity, such as underage drinking or how to obtain illicit drugs.
If you engage in such conduct we may take whatever steps are necessary to stop and/or prevent such behaviour, including termination of your Member Account and use of the Services.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF OUR USERS. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE CONDUCT OF USERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
Disclaimer of Warranty
The Services are provided “as is", without any warranty of any kind. We expressly disclaim all implied warranties to the maximum extent allowed by law, and we make no warranty regarding the information in the Services. You should monitor any changes to the information contained in the Services.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Services or a third-party linked website. You must take your own precautions to ensure that whatever you select for your use of our Services is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
To the maximum extent permitted by law, we and our affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, licensees and licensors (collectively, the Related Parties) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further excludes liability for all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Services, even if we or our Related Parties have been advised of the possibility of such damages.
Indemnity by you
You agree to indemnify, hold harmless and defend us and our Related Parties at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable solicitors' fees and other dispute resolution expenses) incurred by us and our Related Parties arising out of or relating to:
- your access to or use of the Services;
- your content; and
- your breach of these Terms.
We may transfer, assign, novate or otherwise deal with any part or whole of the Services without notification to you.