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TERMS & CONDITIONS

Terms of Use

The information presented on this site is for general use only and is not intended to provide personal medical advice or substitute for the advice of your doctor or other professional healthcare providers. If you have questions or concerns about individual health matters please consult your health care providers.

Any references to products, processes, services or organisations does not necessarily constitute or imply Chronic Pain Australia endorsement, recommendation or favouring. Chronic Pain Australia cannot verify the quality of products, services or organisations referred to on this site.

Online Privacy Policy

This online Privacy Policy is provided to make you aware of how Chronic Pain Australia collects, uses and manages information of visitors to its Internet website. Chronic Pain Australia, the publisher of www.chronicpainaustralia.org.au, views the personal privacy of users as an important issue, and are committed to maintaining the security of personal information provided to Chronic Pain Australia by users in accessing www.chronicpainaustralia.org.au. This policy forms part of the terms of use of the website, and describes how Chronic Pain Australia treats personal information that it receives through your use of the website.

Please note: Chronic Pain Australia makes some other websites available to you from hyperlinks in www.chronicpainaustralia.org.au. These websites are not subject to Chronic Pain Australia Privacy Policy. You should review the privacy policy of each individual website you access via hyperlinks from this website, and assess whether the policy of each website is satisfactory to you before you use the other websites.

What Information Do We Collect and How Is It Used?

Chronic Pain Australia collects the following information regarding visitors to our website: domain name, name, information regarding what pages are accessed, information volunteered by you, such as survey information, e-mail address, or website registrations, and your preferred means of communication. Chronic Pain Australia collects and logs this information for statistical purposes.

Other than stated in the preceding, no attempt is made to identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect logs, or where Chronic Pain Australia believes it is required to collect and produce relevant electronic documentation to fulfil its obligations to third parties, including statutory organisations under local law.

Disclaimer

Chronic Pain Australia endeavours to use and disclose your personal information only in limited circumstances. Chronic Pain Australia will do so if it is necessary to protect any copyright or intellectual property in the material in the website, or if it is necessary to enforce the Chronic Pain Australia website Terms and Conditions of Use.

Except as specifically stated in this Privacy Policy, we will not share your personally identifiable information with a company that is not associated with Chronic Pain Australia.

While Chronic Pain Australia has endeavoured to ensure that all information provided on www.chronicpainaustralia.org.au is accurate and up to date Chronic Pain Australia takes no responsibility for any error or omission relating to this information. To the maximum extent permitted by law Chronic Pain Australia will not be liable for any cost, loss or damage suffered by you through your use of Chronic Pain Australia Internet website or Chronic Pain Australia failure to provide access to these Internet Web sites or information updates.

Your use of the website is governed by the Chronic Pain Australia website Terms and Conditions of Use. As a user of the Chronic Pain Australia website (‘www.chronicpainaustralia.org.au’), you are bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.

Licence

By allowing you to access the website, Chronic Pain Australia grants to you a licence. By accessing the website, you accept the terms and conditions of this licence. Pursuant to this licence and subject to the absolute right of Chronic Pain Australia to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

• View the material in the website.

• Access material contained in the website.

• Use the website strictly in accordance with the provisions of this licence. If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so.

Your Obligations

You hereby undertake the following obligations:

• To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of Chronic Pain Australia, except as expressly authorised by this licence.

• To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this licence.

• To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of Chronic Pain Australia.

• To not use the material in the website for, or in connection with, a service bureau operation.

Warranties

Chronic Pain Australia does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superceded material in the website will not cause Chronic Pain Australia to be in breach of the terms of this licence.

Chronic Pain Australia reserves the right to change, add or remove any material in or from the website without notice.

Chronic Pain Australia does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of Chronic Pain Australia for breach of any such implied term will be limited, at the option of Chronic Pain Australia, to any one or more of the following:

• The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.

• The repair of such goods or services.

• The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.

• The payment of the cost of having the goods repaired or the services performed again.

Chronic Pain Australia will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.

When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Chronic Pain Australia which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Chronic Pain Australia (which material may be out of date or superceded).

Intellectual Property Rights

You acknowledge that the material in the website is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence.

Indemnity

You must indemnify and keep Chronic Pain Australia indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Chronic Pain Australia may incur to a third party or you as a result of your breach of the provisions of this licence.

This website may contain hyperlinks to other websites operated by third parties. You accept that Chronic Pain Australia has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.

Disclaimer

You accept that Chronic Pain Australia takes no responsibility for any error or omission relating to the material contained in the website.

You accept that Chronic Pain Australia makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that Chronic Pain Australia will not be held liable for any lapse in the website's accessibility, or any consequences whatsoever that flow from the unavailability of the website.

Terms of Licence

This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by Chronic Pain Australia if you are in breach of any terms of this licence.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by Chronic Pain Australia.

Termination pursuant to this clause shall not affect any rights or remedies, which Chronic Pain Australia may otherwise have under this licence or at law.

Amendments to this Licence

These are the current terms and conditions of the licence.

Chronic Pain Australia may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, Chronic Pain Australia has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.

Waiver

Failure or neglect by Chronic Pain Australia to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Chronic Pain Australia under this licence. This licence shall be governed by and construed according to the laws of the state of New South Wales, Australia.

Definitions

'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

'Intellectual Property' means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Chronic Pain Australia website.

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