By using this site, you agree to the following terms and conditions.
1. Use of this Website
1.1. For the purposes of this disclaimer, the term ‘Performance Medicine’ includes both the entity of the website ‘Performance Medicine Media’ as well as its webmasters and associated affiliates, including Performance Medicine Pty Ltd, unless an intention to the contrary is explicitly stated.
1.2. The information provided at or through this Website is general and is not advice on any particular matter. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained at this Website.
1.3. Accordingly, you should not act on the basis of any information accessed at or through this Website without obtaining and considering appropriate professional advice upon your own circumstances.
2. Unauthorised Transactions
2.1. There are many inherent risks involved in transmitting information over the Internet. Unauthorised access and faults in computer networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet. Consequently, Performance Medicine is unable to warrant that this Website will be free from such risks.
3. Disclaimer of Liability
3.1. Performance Medicine and its affiliates and agents expressly disclaim all and any liability to any person in respect of anything and the consequences of anything done or omitted to be done by any person in whole or partial reliance on all or any part of the information accessed at or through this Website.
3.2. The materials provided at this Website (and any links from this Website) are provided “as is”. To the maximum extent permitted under the law, Performance Medicine makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Performance Medicine does not warrant the accuracy and completeness of information accessed at or through this Website.
3.3. Performance Medicine may make changes to the materials at this Website at any time without notice. The materials at this Website may be out of date, and Performance Medicine makes no commitment to update the materials at this Website.
3.4. Performance Medicine is not responsible in any way for the way in which downloadable material is used by the user. Performance Medicine provides users with many downloadable items but Performance Medicine is not responsible for any action taken or made by a user.
4. Limitation of Liability
4.1. To the maximum extent permitted under the law, in no event will Performance Medicine and its affiliates be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any web websites linked to this Website, the results derived from any calculating tool on this Website, or the materials or information contained at any or all such websites, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. If circumstance arise where you are entitled to claim damages from Performance Medicine notwithstanding the provisions of these Terms, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us including, without limitation, negligence) is limited to the provision of the services again or the cost of providing the services again (at our election).
5. Links to Third Party Websites
5.1. Links to third party web websites on this Website are provided solely as a convenience to you and such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked website or its content. Performance Medicine has not reviewed any of these third party websites and should you decide to access any of the third party websites linked to this Website, you do this entirely at your own risk.
6. Advertising Disclaimer
6.1. Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of Performance Medicine and are not under the control of Performance Medicine or its related bodies corporate and neither Performance Medicine nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave the website and do so entirely at your own risk.
6.2. The Website may display third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Performance Medicine or its related bodies corporate of the relevant advertiser, its products or services or any such linked website.
6.3. If you contact a third party using functionality provided on the Website, including via e-mail, Performance Medicine accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
7.1. Performance Medicine cannot and does not guarantee or warrant that any files available for downloading through this Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining an appropriate means for the reconstruction of any lost data.
8. Applicable Law
8.1. These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of this Website must be commenced in the appropriate court in Queensland. If you use this Website from locations outside of Queensland, you are solely responsible for compliance with your local laws.
8.2. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
8.3. Performance Medicine may revise these Terms at any time by updating this posting. You are bound by such revisions and should therefore regularly revisit this page to review the then current Terms by which you are bound.