News-Medical.net is owned and operated by AZoM.com Limited (T/A) AZoNetwork and warmly welcomes all users, potential contributors, suppliers and experts to this site and all Websites that currently form part of “AZoNetwork” as detailed at www.azonetwork.com. Throughout these Terms and Conditions, where a reference is made to News-Medical.net, it is made on the basis that News-Medical.net is owned and operated by AZoNetwork.
News-Medical.net aims to provide free access information to the medical, healthcare, life sciences and medical technology communities worldwide and to provide information, news, reviews, a forum for ideas, debate and learning, and to facilitate interaction between all parts of these communities worldwide.
AZoNetwork hopes that you find this Website relevant, commercially and personally useful, and stimulating. It is important to AZoNetwork that copyright and other laws, and principles of intellectual integrity are observed. AZoNetwork also hopes that any business conducted independently between parties as a result of introduction through this Website is conducted professionally, courteously, ethically, and in compliance with the laws that apply to them in their location.
AZoNetwork looks to Users to help keep the standards high. If you see a contribution that you believe may breach the copyright of another person, or may be using the ideas of others without proper acknowledgment, please contact us [email protected].
News-Medical.net is intended to be open by nature. Participants are likely to come from the tens of millions who comprise the diverse worldwide science, healthcare and technology community, including industry professionals, academics, technical journalists, students, government officials and engaged individuals.
Given the forum's open nature, AZoNetwork has been advised that it can only remain viable if all risk (except as specifically required by law) remains with Participants and other third parties. Therefore, AZoNetwork requires all Participants to accept the terms and conditions of this Website as a precondition of their participation. Use of this Website in any way or capacity constitutes acceptance of these terms and conditions.
This Website is owned and operated by AZoM.com Limited (ACN 092 434 529) T/A AZoNetwork of Suite 24, MVB, 90 Mona Vale Road, Mona Vale, NSW, 2103, Australia (AZoNetwork). Please send any e-mail enquiries to [email protected].
Becoming a Participant
Users may become such by use of the Site or by any registration procedures shown on the Website, including acceptance of these Terms and Conditions.
Persons wishing to become Contributors are warmly invited to submit material for consideration to be included as Content for the Website. To ensure the highest editorial standards, AZoNetwork may from time to time request information from persons submitting material, and reserves the right to reject any submitted material.
Persons may be invited to become Experts and AZoNetwork may request further information from applicants, and reserves the right to reject any applicant.
TERMS AND CONDITIONS
- NO LIABILITY REGARDING CONTENT & AUTHORSHIP
AZoNetwork expects to attract Content from a wide variety of sources, and AZoNetwork has limited capability to thoroughly verify the accuracy or authorship of Content, and largely relies on the word of contributors. You acknowledge and agree that:
- The Content (including opinions, ideas, products, information, statistics and representations) is not, and should not be regarded as, endorsed or guaranteed by AZoNetwork in any way, or relied upon as a substitute for professional advice. In respect of Content, AZoNetwork accepts no responsibility, and liability in this respect is expressly disclaimed.
- Any representations regarding authorship of any work forming part of the Content must not be inferred as any endorsement by AZoNetwork:
- That the person named as author of any work is necessarily a true and complete representation of authorship of the relevant work;
- That the person named as author has the legal right to submit the work for inclusion on the Website without unlawfully infringing intellectual property rights of any other person; and
- That any work within the Website is necessarily the original work of the person named as author and AZoNetwork excludes all liability in respect of any breaches of the above.
- Users accept that AZoNetwork may receive financial compensation for the production of content derived from information provided by the suppliers of related goods and services.
- USING EXPERTS
AZoNetwork expects the Website to contain from time to time links to Experts or Organisations who provide expert services and who may be available to provide various services to Users and accordingly:
- AZoNetwork neither makes nor endorses any representations or claims regarding the experience, competence, qualifications or suitability of any Experts to meet the needs of a particular User.
- AZoNetwork expressly excludes all liability to Participants in relation to any service provided by any Expert engaged pursuant to an introduction via the Website, including but not limited to:
- Any liability to Users in respect of any wrong committed or alleged, whether arising in either contract, tort, statutory duty or otherwise, by an Expert in the provision of any service to a User; and
- Any liability to Experts in respect of any failure by any User to pay fees and disbursements for any services provided by Experts to Users.
- POLICIES RELATING TO ADVERTISING, SPONSORED CONTENT, NO LIABILITY FOR LINKS, ADVERTISERS, STRATEGIC PARTNERS OR COMMENTS
- The Website may, from time to time, have links to other sites (including links to sites operated by AZoNetwork's collaborators and customers). AZoNetwork has no control over the content on any such sites and for that reason AZoNetwork makes no warranties, either express or implied, concerning such content, including the accuracy, completeness, reliability or suitability for any particular purpose. AZoNetwork also does not warrant that such sites or content are free from any breaches of copyright, trademark or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination.
- The Website may contain advertising and sponsorship. Advertising and sponsorship helps defray the costs of operating the Website and providing all information in an open access format and is therefore a much welcomed contributor to the Website's ongoing viability. Despite the use of Advertising in various forms on News-Medical.Net, Editorial Policies are truly independent are not subject to control by any external third parties or by any commercial advertising relationships. Advertisers and sponsors must ensure all advertising and other submitted material complies with relevant laws, including intellectual property laws. AZoNetwork excludes to the extent allowed by law any liability to Participants and third parties for any error or inaccuracy appearing in any advertising or sponsorship material, or for any breach in tort, contract or statutory duty (including duties imposed under copyright and other intellectual property laws) in relation to such material.
- Display Advertising: News-Medical.Net receives payment for display advertisements. These are subject to strict guidelines and we will refuse any advertising that we believe does not assist or add value to our community of users.
- Advertising served "in house" is not targeted to individual users but may be placed on the site adjacent to content related to advertiser or sponsor interest. Advertisement is distinguished by the word "Advertisement".
- Sponsored Content Polices: Some content on News-Medical.Net is derived from sources where we have existing commercial relationships. Such articles are clearly labeled as sponsored content and are only accepted when the content is deemed to add value to the core editorial ethos of News-Medical.Net, which is to educate and inform site visitors interested in medical research, science, devices and treatments.
- In addition to sponsored articles, News Medical also provides an equipment listings directory. All items are linked to supplier profiles.
- The Website may provide commenting services to users who have signed up to the service. AZoNetwork encourages users to comment and add value to the community. All comments are pre-moderated by staff before being published and it is AZoNetwork policy not to edit comments but only to refuse or accept them without providing any feedback to the commenter.
- Commenting guidelines
- We do not accept comments that may incite violence or hatred.
- Comments which abuse the author, supplier or subjects of the article.
- Comments which are purely promotional are for commercial purposes or Spam.
- NO LIABILITY FOR ANY DISRUPTIONS TO YOUR SYSTEM
Whilst AZoNetwork expects to maintain its IT infrastructure to the highest standards, it cannot accept legal responsibility to Participants for any act or omission (including viruses and the like) that inadvertently results in any damage, interference or other problems with any system, data or personal information. If you have any problems in that regard, AZoNetwork would appreciate appropriate advice from Participants.
- NO LIABILITY FOR INTERRUPTIONS OF SERVICE DUE TO MAINTENANCE, UPGRADES, ETC
AZoNetwork shall not be liable for any disruptions to the Website for any reason, including but not limited to disruptions caused by any third party service provider, and any Website downtime for any reason, including but not limited to repairs, maintenance, Website design changes, or the implementation of any changes to the Content.
- FURTHER ON EXCLUSION OF DAMAGES
- Exclusion of liability under these Terms and Conditions extends to exclude from liability AZoNetwork and Related Parties.
- Exclusion extends to all kinds of liabilities, including but not limited to special, incidental, consequential, or indirect damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, all other commercial damages or loss, or exemplary or punitive damages relating to the Website.
- Exclusion of liability shall only apply to the extent permitted by law.
- In respect of his/her relevant participation in the Website, each Participant (and if more than one in respect of participation, jointly and severally) indemnifies and holds AZoNetwork and its Related Parties harmless from and against all claims, liabilities, and costs, including reasonable legal fees, incurred by AZoNetwork and/or its Related Parties arising from any third party claim resulting directly or indirectly from the Participant's participation in the Website. Such indemnity includes but is not limited to claims in respect of the infringement of intellectual property rights.
- The relevant Participant shall reimburse AZoNetwork and/or any relevant Related Party for all costs reasonably incurred by it/them in any such proceeding in which it is a party.
- EXCLUSION OF WARRANTIES
You acknowledge and agree as follows:
- Your participation in the Website is at your own risk. The service is provided on an "as is" and "as available" basis. To the extent permissible by law, AZoNetwork expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
- To the extent permitted by law, in respect of the Website and any associated service or advice provided (Services), whether supplied by or on behalf of AZoNetwork or by a third party including any Expert, Supplier or Advertiser, AZoNetwork makes no warranty that:
- The Services will meet your requirements;
- The Services will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Service will be accurate or reliable; and
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- SPECIFIC DISCLAIMER RELATING TO MEDICAL INFORMATION
- News Medical contains articles on many medical topics; however no warranty is provided that any of the articles are accurate. There is absolutely no assurance that any statement contained or cited in an article touching on medical matters is true, correct, precise, or up-to-date. Articles may be written, in part or in whole, by Editorial Staff or Freelancers who are not health care professionals. Even if a statement made about drugs, medical treatments or devices is accurate, it may not apply to you or your symptoms. AT ALL TIMES SEEK PROFESSIONAL MEDICAL ADVICE BEFORE ACTING ON ANY INFORMATION YOU READ ON NEWS-MEDICAL.NET
- News Medical uses imagery under license from Thinkstock.com, Shutterstock.com and Photos.com which may not be an accurate representation of medical conditions, procedures or related activities.
- AZONETWORK'S COMMISSION
AZoNetwork hereby discloses that a commission, advertising or listing fee may be payable by Suppliers, Service providers or Experts to AZoNetwork for incorporating related content on the website and for any business placed with them as a result of an introduction of a client through the Website.
- We respect your privacy AZoNetwork Limited respects your right to privacy and this policy sets out how we collect and treat your personal information.
- What personal information we collect
We may collect the following types of personal information from you:
- phone number
- fax number
- email address
- Information about the goods or services you have ordered or have expressed an interest in.
- information from enquiries, document downloads or Requests for Quotation you have made
- communications between us
- credit card information
Except where stated otherwise. As part of registration processes, Site Users, Suppliers, Contributors and Experts may, in addition to the information detailed above, be asked for certain Personal and Corporate Information, including contact details, qualifications, and employment details.
Disclosure of any such Personal and Corporate Information by a Supplier, Contributor or Expert to AZoNetwork in any registration process shall be deemed to be a grant of permission by the relevant person to AZoNetwork to publish any such Information on the Website.
- AZoNetwork will use reasonable endeavours to ensure all Personal and Corporate Information published on the Website in respect of a Site User, Supplier, Contributor or Expert is correct, but accepts no liability for any errors in that regard. If Site Users, Suppliers, Contributors or Experts identify any errors in respect of their Personal or Corporate Information on the Website, AZoNetwork would appreciate prompt notification and will use reasonable endeavours to promptly make necessary corrections.
- We collect personal information from you in a variety of ways, including: when you interact with us electronically or in person; when you access our website; and when we provide our services to you.
- Use of your personal information - We use your information to provide our service to you. We also use it to improve our service and to notify you of opportunities that we think you might be interested in. We do not provide your information to third parties, except that we may provide your information to our business partners who assist us in the provision of our services to you or where you have explicitly agreed to such information being passed onto related suppliers. Where you have completed an online form and requested that we supply you with additional information, we may pass your information on to related suppliers who may contact you directly. We specify when this may occur on any related form and request your opt-in permission at that point. You accept that any related publicly available information you have made available online may be also be viewed by related suppliers. You can unsubscribe to any of these services at any time by sending an email to [email protected]
- Disclosure of your personal information overseas - We are likely to disclose your personal information to recipients in the following countries – Australia, UK, USA, India. Where you have specifically requested further information we are likely to disclose your personal information to recipients in countries worldwide dependent on the location of the suppliers of related goods and services.
- Security of your personal information - We take reasonable steps to protect your personal information. However we are not liable for any unauthorised access to this information.
- Access to your personal information - You can access and update your personal information by contacting us [email protected] +61 2 9999 0070 (Australia) +44 (0)161 457 7150 (UK and ROW). We may charge a reasonable administration fee for this access.
- Complaints about privacy - If you have any complaints about our privacy practices, please feel free to send in details of your complaints to [email protected] or by mail to AZoNetwork, S24, MVB, 90 Mona Vale Road, Mona Vale, NSW, 2103, Australia. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
- Website Usage –
- When you visit our website - When you come on to our website we may collect certain information such as browser type, operating system, IP address, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service. If you have previously logged into our sites this information may be used to supply you with specifically related information.
- Please be aware that restricting or blocking cookies set on the Website may impact the functionality or performance of the Website, or prevent you from using certain services provided through the Website. It will also affect our ability to update the Website to cater for user preferences and improve performance.
- Strictly Necessary Cookies – Overview - Strictly necessary cookies are essential for the use of the features and services on the Website. Use on the Website – These cookies identify you as being logged-in to the website and related platforms. If you block these cookies we cannot guarantee access to the services provided through the Website or be sure how the Website will perform during your visit.
- Performance Cookies – Overview - Performance cookies collect information about how the Website is used so that we can improve the site. All information collected by these cookies is aggregated and therefore anonymous. Use on the Website –
- Monitor and provide statistics on how the Website is used
- Help us improve the Website by measuring any errors that occur
- See how effective adverts on the Website are and try to ensure they are as relevant as possible
- Provide feedback to our affiliates, and third parties we have allowed to link to the Website, regarding users accessing their sites. This information may be used by those third parties to improve their sites or services
- Test the Website's design and operability
- Functional Cookies – Overview - Functional cookies allow the Website to remember choices you make such as your user name, log in details or language preferences, and any customisations you make to pages on the Website during your visit. If you block these cookies certain features and services may be affected and we cannot be sure how the Website will perform during your visit. Use on the Website –
- Show you when you're logged in to the Website
- Provide individual services, such as watching a video or commenting
- Share information with partners and suppliers to provide a service on the Website. The information shared is only to be used to provide the service, product or function and not for any other purpose.
- Limit the number of times you see an advert
- Help measure the effectiveness of advertising and marketing campaigns
- Track the distribution of electronic content (such as documents and images) we make available on our Website or otherwise distribute, including the identity of the individuals who view and forward that content
- Link to social networks like Facebook, who may subsequently use information about your visit to serve you with targeted advertising on other websites
- Provide advertising agencies and suppliers with information on your visit so that they can present you with adverts, product or service offerings in accordance with the terms specified when you logged in to such services.
- Third party sites - Our sites have links to other websites not owned or controlled by us. We are not responsible for these sites or the consequences of you going on to those sites.
- Where information is provided by the site user to AZoNetwork in the course of requesting a quotation or further information from any related supplier(s), the site user accepts that such information will be passed on to the related supplier(s) and the supplier(s) may contact the site user directly.
- If AZoNetwork disposes any part of its business undertaking to a third party where such disposal necessitates any transferee having need in good faith to access to AZoNetwork's records of Participants' Personal Information, then nothing in these Terms and Conditions prevents AZoNetwork giving the relevant transferee access to such Personal Information for the purpose of carrying on the relevant undertaking.
- USE OF WEBSITE
In any capacity as a Participant, whether as a User (Individual or Corporate), Advertiser, Agent of an Advertiser, Expert or Contributor, you agree to not participate in the Website (including but not limited to submission of Content and entering any arrangement for provision of service between User and Expert) as follows:
Without limiting available legal remedies, AZoNetwork reserves the right to cancel the participation of any person, corporate entity, advertiser or advertising agent who engages in any of the above activities. On such cancellation, AZoNetwork may take any necessary action, including cancellation of any password and the removal of any Content or Advertising Materials provided by them.
- To engage in any activity that is unlawful, harmful or threatening (including to minors), tortious, invasive of another's privacy, or otherwise objectionable;
- To misrepresent information about yourself, including your identity (whether by giving a fictitious name or the name of another person), contact details, qualifications, affiliation with any entity and the like;
- To misrepresent yourself as the owner or authorised licensee of intellectual property in any work or thing, or as the author of any work;
- To transmit or otherwise deal with any Content that infringes the intellectual property of any person, including AZoNetwork;
- To transmit any material that contains software viruses or the like that may limit the functionality of any software or hardware or other equipment;
- To do anything which may impair the functionality of the Website;
- To do anything, which may in the opinion of the site operator, lead to a breach of the best practice guidelines of major search engines and /or behave in any manner which may artificially inflate visitors to the site or clicks on any advertisements;
- To breach any relevant law in the jurisdiction where you operate;
- To breach any part of these Terms and Conditions, including any directions forming part of the Website.
- To do anything which in the opinion of AZoNetwork damages or could potentially damage the reputation and standing in the community of AZoNetwork and any Related Parties.
- RIGHT TO MODIFY THE SERVICE
Without notice and without accepting liability to you in this regard:
- AZoNetwork may modify or discontinue the Website (or any part), including any associated service (whether temporarily or permanently); and
- AZoNetwork may amend these Terms and Conditions, except in relation to privacy and security affecting pre-existing Participants, where such changes are detrimental to those to whom an existing duty of privacy and security are owed.
- PROPERTY RIGHTS OF AZONETWORK AND OTHERS
- You acknowledge and agree that the Website contains material that is the intellectual property of AZoNetwork and others. Without limitation, intellectual property rights may subsist in parts of the Content, in software, domain names and trade marks of AZoNetwork and any advertisers and strategic partners.
- Unless authorised by the legitimate owner or licensee of the relevant intellectual property, you agree:
- Not to do any act in breach of the intellectual property laws of Australia or the jurisdiction where you live, including without limitation, copy, distribute, or create derivative works based on the relevant material.
- To indemnify fully AZoNetwork and any related party for any loss damage or cost incurred in relation to such breach caused by you.
- ANY DIRECTIONS ETC FORM PART OF TERMS AND CONDITIONS
The Website may, from time to time, contain directions regarding its use, which also may be modified from time to time. Any such directions are deemed to form part of these Terms and Conditions, and any breach thereof shall be considered a breach of these Terms and Conditions.
No remedy conferred by any of the provisions of these Terms and Conditions is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the parties hereto shall not constitute a waiver by such party of the right to pursue any other available remedy.
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
- SURVIVAL OF RIGHTS, DUTIES AND OBLIGATION
- Termination of these Terms and Conditions or cessation of participation in the Website by a Participant shall not release a party from any liability which at the time of termination has already accrued to another party or which thereafter may accrue in respect of any act or omission prior to such termination.
- Each indemnity in these Terms and Conditions is a continuing obligation, separate and independent from the other indemnities and survives termination of these Terms and Conditions or cessation of participation by a Participant.
- ENTIRE AGREEMENT
- These Terms and Conditions embody the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions.
- No oral explanation or information provided by any party or its officer, employee, agent or adviser to another:
- affects the meaning or interpretation of these Terms and Conditions; or
- constitutes any collateral agreement, warranty or understanding between any of the parties.
- No waiver of any of the provisions of these Terms and Conditions by a party shall be effective unless made in writing addressed to the other parties and duly signed by the party making the waiver.
- MUTUAL AGREEMENT
The parties recognise that it is impracticable to make provision for every contingency that may arise in the course of performance of the provisions of these Terms and Conditions and accordingly declare their intention that these Terms and Conditions shall operate among them with fairness and covenant and agree with each other that they shall act reasonably at all times in carrying out their respective obligations and use all reasonable endeavours to ensure that full effect be given to the terms of these Terms and Conditions in the spirit in which it was agreed.
These Terms and Conditions shall be binding on the parties hereto and their respective successors and assigns.
- NO PARTNERSHIP
Unless otherwise specifically agreed in writing, nothing in these Terms and Conditions or in your participation in the Website in any capacity imply any relationship between AZoNetwork and you other than that of service provider and customer. No relationship of agency, partnership, joint venture, employment, or franchise shall be construed.
Any notice to you or to AZoNetwork shall be made by either e-mail or regular mail.
- FURTHER ASSURANCE
Each party shall promptly execute all documents and do all things that any other party from time to time reasonably requires of it to effect, perfect or complete the provisions of these Terms and Conditions and any transaction contemplated by it.
- GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, and where Commonwealth jurisdiction applies, the laws of Australia.
The parties irrevocably agree that the courts of New South Wales and the Australian Commonwealth shall have non-exclusive jurisdiction to settle any dispute, which may arise out of or in connection with these Terms and Conditions.
- DISPUTE RESOLUTION
- Except for the right of either party to apply to a court of competent jurisdiction for an injunction or other provisional remedy to preserve the status quo or prevent irreparable harm, the parties will endeavour first to resolve any dispute, controversy or claim arising out of or relating to these Terms and Conditions among themselves prior to resorting to any other method.
- If the parties are unable to resolve the dispute, controversy or claim within 30 days, either party may submit such dispute, controversy or claim to conciliation administered by the Australian Commercial Disputes Centre Limited (the Centre) conducted and held in accordance with the conciliation rules of the Centre in force at the date of these Terms and Conditions.
- In the event that the dispute, controversy or claim has not been resolved within 30 days (or such period as agreed in writing between the parties) after the appointment of the conciliator by the parties, the dispute, controversy or claim shall be submitted to arbitration administered by the Centre conducted and held in accordance with the rules of the Institute of Arbitrators Australia for the conduct of commercial arbitrations. Arbitration shall be conducted by an expert appointed by the Centre. Notwithstanding anything else contained in these Terms and Conditions the Commercial Arbitration Act 1984 (NSW) shall apply to any arbitration referred to in this clause.
- 'Content' means all content of the Website, including articles published on the Website, but excludes any content on any other website not operated by AZoNetwork to which a hyperlink may be provided on the Website.
- 'Contributor' means any person or User who submits material for inclusion as Content on the Website, whether the author or otherwise of that material.
- 'Expert' means any person contactable through the Website for provision of advisory and related services to Users. Authors, Editors and the Suppliers of related goods and services may also act in the capacity of “Experts”.
- 'Participant' means a Contributor, Expert or User, and includes a person who may take part in the Website more than one of these capacities.
- 'Related Parties' means in respect of AZoNetwork, its successors and assigns, its subsidiaries, affiliates, officers, agents, co-branders or other strategic partners, contractors and employees, and the successors and assigns of any of them.
- 'User' means any member of the public who registers with AZoNetwork to access Content and to generally operate the website.
- 'Website' means the websites, mobile websites and APP operated under the URL’s described at www.AZoNetwork.com or such substitute as AZoNetwork decides from time to time, and includes any pages of that website.
- Reference to a person includes a corporation.
- Reference to the singular includes reference to the plural and vice versa
- Headings are for convenience only and shall not affect the interpretation of this Agreement.
- Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
- ACKNOWLEDGE YOU ARE OVER 18 OR IF NOT, HAVE PARENTAL CONSENT
You acknowledge that as a Participant either:
- You are 18 years of age or over, or
- You are under 18 years of age but have the permission of a parent, guardian or other person with parental responsibility for you to use this Website.
Last Updated: Mar 28, 2017