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TERMS & CONDITIONS

 

Welcome to the website of Dr Peter Keogh (he, we or us). This website is located on the web via the domain https://www.drpeterkeogh.com.au or https://www.drpeterkeogh.au and includes all of the files located in those domains and all linked systems, sub-systems and networks (this site).

 

Agreement to these Website Terms of Use

By accessing this site and continuing to use this site, you agree to be bound by these terms of use (Website Terms of Use). These Website Terms of Use constitute a binding agreement between you and us and our associated companies and partners and govern your use of this site.

Privacy Policy
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy.

 

Restrictions on use

 

Prohibited conduct
Your use of this site is subject to the following rules:

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;

  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure, including a denial of service attack;

  • use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;

  • use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;

  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;

  • use this site by any automated means;

  • use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;

  • access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the any purpose including soliciting or sharing reviews;

  • interfere with the display of any advertisements appearing on or in connection with this site;

  • reverse engineer, decompile, disassemble, adapt, modify, translate, copy, frame or reformat any of the material contained on this site;

  • reproduce, duplicate, copy or store any of the material appearing on this site;

  • falsely imply that any other website, entity or individual is associated with this site;

  • do anything that leads, or may lead, to a decrease in the value of the intellectual property rights in this site;

  • use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;

  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the site without the prior written consent; or

  • use this site to transmit any information or material that is, or may reasonably be considered to be:

    • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

    • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

    • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

    • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

    • in breach of any person’s privacy or publicity rights;

    • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

    • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

    • containing any political campaigning material, advertisements or solicitations;

    • likely to bring us or any of our affiliations into disrepute.

 

No medical advice

The information posted on this website should not be considered medical advice and is not intended to replace consultation with a qualified medical professional. We do not answer specific medical questions.

 

Third party content

We are distributors (not publishers) of the content supplied by visitors and other third parties. Any options, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, nor do we vouch for its accuracy or usefulness. Furthermore, we expressly disclaim any liability associated with material posted by third parties.

 

Disclaimer of endorsement

Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is an endorsement of us implied by such links.


Violations of these Terms of Use
Without limiting any other remedies available us at law or in equity, we reserve the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:

    • you breach any provision of these Website Terms of Use;

    • we are unable to verify or authenticate any information that you provide to us; or

    • we believe that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person; and

    • remove or block access to any information and/or materials (in whole or in part) that we, at our sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.
       

Indemnity
You indemnify and hold harmless us and our officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;

  • your use of, or connection to, this site; or

  • your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

 

Intellectual property

 

Copyright
In these Website Terms of Use, the term Proprietary Content means:

  • this site;

  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and

  • all software, systems and other information owned or used by us in connection with this site (whether hosted on the same server as this site or otherwise).


All Proprietary Content is the property of us or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of us or other copyright owner (as applicable).

You may not download, copy and or print out content from this site.

 

Trademarks


The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of us. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of us.

 

User Content

In these Website Terms of Use, the term User Content means any and all content that is submitted, posted or otherwise added to this site by any user, such as (but not limited to) comments, webform content, forum posts, chat room messages, reviews, ratings and feedback.

 

This site may contains some features that enable you and other users to upload User Content. We reserve the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

  • represent and warranty to us that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and

  • grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at our absolute discretion.

 

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, US AND OUR OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, us and our officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of the this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

  • this site will meet your requirements or expectations;

  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;

  • the quality of any information or other material purchased or obtained through this site will meet any particular requirements or expectations;

  • it represents correct medical advice;

  • errors or defects will be corrected; or

  • this site or the servers that make it available are free of viruses or other harmful components.

 

Limitation of liability

 

Exclusion of liability
To the maximum extent permitted by law, us and our officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
 
Remedies limited
To the maximum extent permitted by law, us and our officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):

  • in the case of goods, to any of the following:

    • the replacement of the goods or the supply of equivalent goods;

    • the repair of the goods;

    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or

    • the payment of the cost of having the goods repaired; and

  • in the case of services:

    • the supply of the services again; or

    • the payment of the cost of having the services supplied again.

 
Release
You agree that your use of this site is at your own discretion and risk. You agree to release us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.
 
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, we exclude liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations.

 

General

 

Interpretation
In these Website Terms of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;

  • these Website Terms of Use may not be construed adversely against us solely because the we prepared them;

  • the singular includes the plural and vice-versa;

  • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

  • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.


Notifications
We may provide any notification for the purposes of these Website Terms of Use by email.

 

Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without our prior written consent. We may assign, transfer or sub-contract any of our rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by us to act with respect to a breach by you or others does not waive our right to act with respect to that breach or any subsequent or similar breaches.

Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation
We reserve the right to amend these Website Terms of Use and any other policy on this site at any time at our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site. You may only vary or amend these Website Terms of Use by written agreement with us.

Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

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