News-Medical - Website Terms & Conditions

News-Medical 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) 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 (Website). Throughout these Terms and Conditions, where a reference is made to News-Medical, it is made on the basis that News-Medical is owned and operated by AZoNetwork.

AZoNetwork aims to provide information for the industrial, design, medical, healthcare and technology communities worldwide and to provide information, news, reviews and 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 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 these Website Terms and Conditions ("Terms and Conditions") 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 operated by AZoNetwork’s related entity AZoNetwork UK Ltd. 4th Floor, NEO Building, 9 Charlotte Street, Manchester M1 4ET, United Kingdom. ICO Registration Number: ZA257204. Please send any e-mail enquiries to [email protected].

Becoming a Participant

Users may become Participants by use of the Website 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 Freelance Contributors and AZoNetwork may request further information from applicants and reserves the right to reject any applicant.

In providing the Website and facilitating the provision of services to you, AZoNetwork may need to collect your personal data (both directly and indirectly). AZoNetwork takes the privacy of our Content providers, Contributors, Suppliers, Experts and Users very seriously. The collection, holding, use and disclosure of your personal data is governed by our Privacy Policy, which is available at www.azonetwork.com/marketing-science/privacy. It is incorporated into these terms by reference. It is a condition of your use of the Website that you provide us with the personal data in question and agree to receive certain content. AZoNetwork Content providers will have their own terms and conditions and privacy policies, which they will make available to you as part of their provision of their services to you. By registering for and using the Website you are agreeing to both these Terms and Conditions and our Privacy Policy and consequently should read them carefully before registering. If you are not eligible, do not understand them or do not agree, you must not access or use the Website.

AZoNetwork reserves the right to modify the provisions of these Terms and Conditions and advises the User to refer to them each time you use or access the Website.

These Terms and Conditions govern all Participants use of the Website. If you are a Content provider, Contributor, Expert or Supplier there will be additional terms and conditions, which govern that legal relationship.

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:
1. 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.
2. 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 expressly excludes all liability in respect of any breaches of the above.
3. Users accept that AZoNetwork may receive financial compensation to produce Content derived from information provided by Suppliers.
USING EXPERTS
AZoNetwork expects the Website to contain from time to time links to Experts or organizations who provide expert services, opinions and who may be available to provide various services to Users and accordingly:
1. 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.
2. 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.
NO LIABILITY REGARDING EQUIPMENT RELATED CONTENT
AZoNetwork works with Suppliers and third parties to provide product listings and reviews across a wide variety of science, technology, medical and life science disciplines, consequently:
1. AZoNetwork neither makes nor endorses any representations or claims related to quality, reliability, certifications or suitability of any product listed on AZoNetwork to meet the needs of a particular User.
2. AZoNetwork expressly excludes all liability to Participants in relation to any product provided by any Suppler 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 a Supplier in the provision of any service to a User; and
  - Any liability to Suppliers in respect of any failure by any User to pay fees and disbursements for any products provided by Suppliers to Users
POLICIES RELATING TO ADVERTISING, SPONSORED CONTENT, NO LIABILITY FOR LINKS, ADVERTISERS, STRATEGIC PARTNERS OR COMMENTS
1. The Website may, from time to time, have links to other sites (including links to sites operated by AZoNetwork's Suppliers, collaborators and clients). 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 Intellectual Property or other infringements of the rights of third parties or that such sites or content are devoid of viruses or other contamination.
2. The Website may contain advertising and sponsorship. Advertising and sponsorship help 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 AZoNetwork websites, 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 permitted 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.
3. Display Advertising: AZoNetwork 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".
  - Advertising served by Google as part of the Adsense network, or other advertising networks may be targeted to an individual. We do not control such ads. Google, as a third-party vendor, uses cookies to serve ads on this site. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy https://www.google.com/policies/technologies/ads/
4. Sponsored Content Polices: Some content on AZoNetwork sites 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 AZoNetwork’s sites, which is to educate and inform site visitors interested in industry, design, medical, healthcare and technology.
5. In addition to sponsored articles, AZoNetwork also provides an equipment listings directory. All items are linked to supplier profiles.
6. 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.
    - Comments which are do not comply with global regulations in terms of pharmaceutical products, treatments or medical devices.
    - Comments which do not contribute the overall body of knowledge on the Website or provide editorial value to other Users.
NO LIABILITY FOR ANY DISRUPTIONS TO YOUR SYSTEM
While AZoNetwork expects to maintain its IT infrastructure to the highest standards, to the extent permitted by law it cannot accept legal responsibility to Participants for any act or omission (including viruses and harmful pieces of software) that inadvertently results in any damage, interference or other problems with any system, data or personal data. 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
To the extent permitted by law the exclusion of liability under these Terms and Conditions extends to exclude AZoNetwork and Related Parties from all liability, 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, even if AZoNetwork had been advised of the possibility of it.
INDEMNITIES
1. In respect of their 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.
2. 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
Participants acknowledge and agree as follows:
1. Your participation in the Website is at your own risk. The Website and any associated service or advice provided (Services) are provided on an "as is" and "as available" basis. To the extent permissible by law, AZoNetwork expressly disclaims all warranties and guarantees 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;
2. To the extent permitted by law, in respect of the Website and any 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 Website will meet your expectations.
3. To the extent this clause applies if any warranties or guarantees are made applicable in respect of the Terms and Conditions by statue (including The Competition and Consumer Act 2010 (CTH) (ACL) and that statute prohibits provisions in a contract excluding or modifying the application of these warranties or guarantees (Non excludable Guarantees). Then any such Non Excludable Guarantee applies in respect of the Terms and Conditions despite anything else in the Terms and Conditions .However AZoNetwork and its Related Parties liability for any breach of Non Excludable Guarantee (other than those referred to in Sections 51 to 53 of the ACL, to the extent applicable ) is limited, at the option of AZoNetwork if permitted by law to the repair or replacement of the good or resupply of the service or to the cost of repair, replacement or resupply.
SPECIFIC DISCLAIMER RELATING TO MEDICAL INFORMATION
1. AZoNetwork site News-Medical.net 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 any supplied Content referencing medical conditions, treatments, devices or similar content 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.
2. News Medical uses imagery under license from Thinkstock.com, Shutterstock.com and Photos.com as well as other sources under applicable creative commons licenses, 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.
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:
1. To engage in any activity that is unlawful, harmful or threatening (including to minors), tortious, invasive of another's privacy, or otherwise objectionable;
2. 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 etc;
3. To misrepresent yourself as the owner or authorized licensee of intellectual property in any work or thing, or as the author of any work;
4. To transmit or otherwise deal with any Content that infringes the intellectual property of any person, including AZoNetwork;
5. To transmit any material that contains software viruses, malware, ransomware or other material that may limit the functionality of any software or hardware or other equipment;
6. To do anything which may impair the functionality of the Website;
7. 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;
8. To breach any relevant law in the jurisdiction where you operate;
9. To breach any part of these Terms and Conditions, including any directions forming part of the Website.
10. 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.
Without limiting available legal remedies, AZoNetwork reserves the right to deny access to any, and all of their systems, databases and websites at their absolute discretion and/or 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.
RIGHT TO MODIFY THE SERVICE
Without notice and without accepting liability to you in this regard:
1. AZoNetwork may modify or discontinue the Website (or any part), including any associated service (whether temporarily or permanently); and
2. 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
1. 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 trademarks of AZoNetwork and any advertisers, Suppliers, Experts, Content providers and strategic partners.
2. Unless authorized 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 fully indemnify AZoNetwork and any Related Party for any loss damage or cost incurred in relation to such breach caused by you.
ANY DIRECTIONS 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.
REMEDIES
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.
SEVERANCE
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
1. 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.
2. 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
1. These Terms and Conditions embody the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions.
2. 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 recognize 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 endeavors to ensure that full effect be given to the terms of these Terms and Conditions in the spirit in which it was agreed.
ASSIGNMENT
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.
NOTICE
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
1. 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 endeavor 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.
2. 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.
3. 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.
DEFINITIONS
1. '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.
2. 'Contributor' means any person or User who submits material for inclusion as Content on the Website, whether the author or otherwise of that material.
3. '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”.
4. 'Intellectual Property' means all intellectual property rights, whether registered or unregistered anywhere in the world, including:
  1. patents, copyright, rights in circuit layouts, registered designs, trademarks and the right to have confidential information kept confidential; and
  2. any application or right to apply for registration of any of those rights.
5. 'Participant' means a Contributor, Expert or User, and includes a person who may take part in the Website more than one of these capacities.
6. '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.
7. 'Supplier' means suppliers of related goods and services, or those legal entities that are Subsidiaries or Direct Affiliates (each other person controlled by the company) of the suppliers.
8. 'User' means any member of the public who registers with AZoNetwork to access Content and to generally operate the website.
9. '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.
10. Reference to a person includes a corporation.
11. Reference to the singular includes reference to the plural and vice versa
12. Reference to any one gender includes reference to all genders.
13. Headings are for convenience only and shall not affect the interpretation of this Agreement.
14. 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:
1. You are 18 years of age or over, or
2. 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.