Terms & Conditions, Privacy
Terms and Conditions of Use
- Welcome to thebestofemergencymedicine.com (the “Website”, the “Services”).
- The Website is operated by Zaplutus IQ Pty Ltd. (ABN 62165360734). Access to and use of the Website, or any of its associated Products or Services, is provided by Zaplutus IQ. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Zaplutus IQ reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Zaplutus IQ updates the Terms, it will use reasonable endeavours to provide with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Zaplutus IQ in the user interface.
Copyright and Intellectual Property
- The Website, the content and all of the related products of Zaplutus IQ are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts , design and interactive features) or the content are owned or controlled for these purposes, and are reserved by Zaplutus IQ or its contributors.
- All trademarks, service marks and trade names are owned , registered and/or licensed by Zaplutus IQ, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- Use the Website pursuant to the Terms;
- Copy and store the Website and the material contained in the Website in your device’s cache memory; and
- Print pages from the Website for your own personal and non-commercial use.
- Zaplutus IQ does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Zaplutus IQ.
- Zaplutus IQ retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
- Business name, trading name, domain name, trade mark, industrial design, Patent, registered design or copyright, or
- A right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
- A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
- You may not, without the prior written permission of Zaplutus IQ and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in anyway the content or third party content for any purpose, unless otherwise provided by these terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law not be limited or excluded.
- Subject to this clause 4, and to the extent permitted by law:
- All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded: and
- Zaplutus IQ will not be liable for any special, indirect or consequential loss or damage (unless such a loss or damage is reasonably foreseeable resulting from failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statue or otherwise
- Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Zaplutus IQ make any express or implied representation or warranty about the content or any products or content (including the products or content of Zaplutus IQ) referred to on the Website, This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- The accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
- Costs incurred as a result of you using the Website, the content or any of the products of Zaplutus IQ; and
- The content or operation in respect to links are provided for your convenience
- Limitation of liability
- Zaplutus IQ’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statue or otherwise, will not excess the resupply of the content to you.
- You expressly understand and agree that Zaplutus IQ, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- You acknowledge and agree that Zaplutus IQ holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content (“Your Content”) to the Website.
- Your Content also involves but is not limited to discussions, correspondence, emails, and personal visits to your place of work in relation to the production and publication of Articles on the Website
- By engaging in such activities in you acknowledge and agree that you are responsible and have permission from your place of work for any content shared or published in an Article to be in the public domain
Termination of Contract
- If you want to terminate the Terms, you may do so by providing Zaplutus IQ with a days’ notice of your intention to terminate by sending notice of your intention to terminate to Zaplutus IQ via the Contact Us link on our homepage, or Unsubscribe link on emails from the Website.
- Zaplutus IQ may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Zaplutus IQ is required to do so by law;
- Zaplutus IQ is transitioning to no longer providing the services to Members in the country in which you are resident or from which you use the service; or
- The provision of the Services to you by Zaplutus IQ, is in the opinion of Zaplutus IQ, no longer commercially viable.
- Subject to local applicable laws, Zaplutus IQ reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Zaplutus IQ’s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Zaplutus IQ have benefitted from, been subject to (or which have accrued over the time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by the cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify Zaplutus IQ, its affiliates, employees, agents, contributors, third party content providers and licensors from against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you assessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms
- Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought)
- Notice: A party of the Terms claiming a dispute (“Dispute”) has arisen under the terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute
- Resolution: On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”)must:
- Within 14 days of the Notice endeavour on good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree:
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Director of the or his or her nominees;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay ay amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Victoria, Australia
- Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation: If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
- The services offered by Zaplutus IQ are intended to be viewed primarily by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia
- The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and the pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns
Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be served and the rest of the Terms shall remain in force
Collection of your Personal Information
- There are many aspects of the Website which can be viewed without providing personal information, however, for access to future Zaplutus IQ customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Sharing of your Personal Information
- We may occasionally engage other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Zaplutus IQ takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your Personal Information
- For each visitor to reach the Website, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Website, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Website. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Accessing Your Personal Information
- You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons.