CLINICIAN CONNECT TERMS OF SERVICE

1. Introduction

In these terms and conditions, the expressions ‘Clinician Connect’, ’we’, ‘us’ and ‘our’ are references to Clinician Connect Pty Ltd ACN 611 175 529 and references to ‘you’ are references to the person authorised to use our software.


1.1. Purpose

The mission of Clinician Connect is to connect the world’s health professionals to enable them to be more productive and successful. To achieve our mission, we make services available through our websites, mobile applications, and developer platforms, to help you efficiently, easily, seamlessly, and economically link with other health professionals for mutual benefit in arranging necessary consults or shift requirements. 
When you use Clinician Connect services you agree these terms of service. 
You also agree to our privacy policy, which is available on our website (“Privacy Policy”). This Privacy Policy covers how we collect, use, share, and store your personal information.

1.2. Scope and Intent

You agree that by creating an account with Clinician Connect (“Account”), or accessing our website, mobile application, or any content or information provided as part of a service provided by Clinician Connect (each a “Service”), you are entering into a legally binding agreement with Clinician Connect Pty Ltd ACN 611 175 529, based on these terms of service and our Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”), whether as a registered member on Clinician Connect or www.clinicianconnect.com.au and/or other Service, as applicable (“Member”), or unregistered user (“Visitor”). If you are using Clinician Connect on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. By clicking “Join Now”, “Join Clinician Connect”, “Sign Up” or a similar button, or by using any Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.


2. Your Obligations

2.1. Applicable laws and this Agreement

Some promises you make to us in this Agreement: 
You will comply with the law and the terms of this Agreement. 
You represent and warrant that your use of the Services will not (a) violate applicable laws or regulations; (b) violate any third party terms, including (without limitation) your mobile phone or internet service provider agreement and the terms of your employment or any agency agreement; (c) be false or misleading; (d) infringe any third party rights, including intellectual property rights; (e) cause the distribution of any malicious code or viruses; (f) threaten our infrastructure or affect the quality of access to our Services; (g) collect personal information about other users, unless such collection is strictly necessary for the intended use of the Services in accordance with the Agreement; or (h) jeopardise the security of the Services or any users’ account.

You agree to abide by the policies and processes contained in or referred to in this Agreement, including the:
DOs and DON’Ts; 
complaints process regarding content posted on the Services; 
the Privacy Policy ; and 
other specific rules for particular Services, such as Groups.

2.2. License and warranty for your submissions to Clinician Connect

You still own what you own, but you grant us a license to the content and/or information you provide us. 
As between you and Clinician Connect, you own the content and information you provide Clinician Connect under this Agreement, and may request its deletion at any time by sending us an email at admin@clinicianconnect.com.au, however, we will be unable to remove your information or content if it has been shared with others and they have not deleted it, or it was copied or stored by other users.

You grant Clinician Connect a non-exclusive, irrevocable, worldwide, perpetual, assignable, sub-licensable, royalty-free licence to deal with any information you provide to us, either directly or indirectly, for the purposes of providing the Services. This may include, for example, copying, distributing, publishing, removing, retaining, processing, analysing, using or commercialising this content or information. Your content and information includes, for example, any content, ideas, concepts, techniques and/or data generated by you.
We will respect the choices you make about who gets to see your information and content. 
Pursuant to this licence, Clinician Connect may grant other Members and Visitors access to and the ability to share with others, your content and information, in accordance with this Agreement, your personal settings on your Account and your degree of connection with those Members and Visitors. 
You promise to only provide us information and content that you have the right to give us and you promise that your information and content in your Clinician Connect Account will be accurate. 
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restriction or other third party rights (including any intellectual property rights). 
It is your responsibility to keep your Clinician Connect Account information accurate and updated.

We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to or through the Service is transmitted at your own risk. If you become aware of any problems with the security of the data or the Services, please contact us immediately.

2.3. Service Eligibility

You are eligible to enter into this contract and you are at least our “Minimum Age.” 
The information you provide is truthful. 
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (a) are at least of the minimum age required in your jurisdiction to use the Services (or, if there is no minimum age, at least 13 years of age); (b) are not currently restricted from the Services, or not otherwise prohibited from having a Clinician Connect Account, (c) are not a competitor of Clinician Connect or are not using the Services for reasons that are in competition with Clinician Connect; (d) will only maintain one Clinician Connect Account at any given time; (e) will use your real name and only provide accurate information to Clinician Connect; (f) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (g) will not violate any rights of Clinician Connect or of a third party, including intellectual property rights such as copyright or trademark rights; and (h) agree to provide, at your cost, all equipment, software, mobile access, and internet access necessary to use the Services.

 


2.4. Your Membership

You will keep your password a secret. 
You will not share an account with anyone else. 
You will not copy or transfer any part of the Services. 
If you create an Account, with the exception of any content and information that you license to us, the Account is owned by Clinician Connect. However, between you and others, your Account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your Account; (3) not use other’s Accounts; (4) not sell, trade, or transfer your Account to another party; and (5) not grant access to, or charge anyone for access to, the Services or any portion thereof, or any information therein. You are responsible for anything that happens through your Account unless and until you close down your Account. To close your Clinician Connect Account, please visit clinicianconnect.com.au.

 


2.5. Indemnification

You will pay us for any losses that you cause. 
You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including, but not limited to, legal costs) which arise out of or relate to (1) your use of a Service; (2) any information that you provide to us via a Service; (3) any damage that you may cause to a Service; or (4) a breach of this Agreement by you. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).


2.6. Payment

There is currently no billing for Nursing staff, Interns, Residents or Registrars. All other users; you will honour your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don’t guarantee refunds unless required by law. 
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to the collection, transmission and storage of your payment information by SR Global Solutions Pty Ltd ACN 132 951 172 trading as “Merchant Warrior” (“Merchant Warrior”) or such other persons we use in that role from time to time. Your payment information may include any credit card details you provide as well as other personal information about you. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Clinician Connect does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment information or cancel your Account you authorise us to continue billing you that using that payment method and you remain responsible for any uncollected amounts. No requests will be sent without a valid means of payment. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. If you require a printed invoice for your transaction with us, you may request one by contacting our Customer Support team (this service will attract a fee.

We do not provide refunds if you are dissatisfied or simply change your mind. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods (at our discretion), or in the case of a supply of services, supplying the services again or paying the cost of having the services supplies again (at our discretion).

2.7. Notify us of acts contrary to the Agreement

If you think you have to breach this Agreement, you will let us know. 
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

 


2.8. Notifications and Service Messages

You agree to us giving you important notices on our websites, mobile apps, or your email. 
The contact information you provide must be accurate or you may not receive important notices. 
For purposes of receiving notices about your Account or the Services (including changes to this Agreement), Clinician Connect may place a banner notice across its webpages to alert you to certain changes, such as modifications to this Agreement. Alternatively, notice may consist of an email from Clinician Connect to an email address associated with your Account, or by other means including telephone or post. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.

 


2.9. Clinician Connect Applications

This Agreement applies to mobile applications as well.

You agree certain additional information can be shared with us. 
Clinician Connect may offer the Services through applications built using Clinician Connect’s platform (“Applications”). Examples of Clinician Connect’s Applications include its smart phone applications (e.g. Clinician Connect for Android, iOS and Windows). Clinician Connect’s Applications are distinct from third party Applications addressed in Section 4.2. If you use our Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Clinician Connect plugins that load in your browser may be communicated to us. Further, by importing any of your Clinician Connect data through an Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Clinician Connect Account to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Clinician Connect through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available for your specific mobile device. By using any Application to enable your use of the Services, you are explicitly confirming your acceptance of this Agreement and the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.

2.10. User-to-User Communication and Sharing (Clinician Connect Groups, Updates, Company Pages, etc.)

When you share information, others can see, copy and use that information. 
Clinician Connect offers various forums such as Clinician Connect “Groups” and “Representatives”, where you can connect with clinicians or manage clinicians. Clinician Connect also enables sharing of information by allowing users to see their groups or who they are representing or being represented by. Members can create Clinician Connect Groups or Representatives for free, however, Clinician Connect, in its sole discretion, may close or transfer Clinician Connect Groups and Representatives, or remove content from them or from anywhere on the Services if the content violates this Agreement or others’ intellectual property rights. Clinician Connect cannot guarantee the manner in which Representatives you accept will or will not use Clinician Connect. Clinician Connect IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON Clinician Connect.

 


2.11. Privacy

You agree to us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy. 
You should carefully read our full Privacy Policy before using Clinician Connect as it is incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Clinician Connect, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Clinician Connect may process such information, within the terms of the Privacy Policy.

 


2.12. Contributions to Clinician Connect

If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback. 
By submitting suggestions or other feedback regarding our Services (“Contributions”) in any way to Clinician Connect, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Clinician Connect is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Clinician Connect shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Clinician Connect may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Clinician Connect rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Clinician Connect under any circumstances.

 


3. Your Rights

3.1. Limited Licence

If you comply with this Agreement, we grant you a limited right to use the Services. 
You will only access and use the Services in the way this Agreement allows you. 
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Dos and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, non-assignable, non-sub-licensable licence and right to access the Services, through a generally available web browser, mobile device or Clinician Connect authorised application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Clinician Connect), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of the Services contrary to our mission and purpose (such as seeking to connect to someone you do not know, or to use information gathered from Clinician Connect commercially unless expressly authorised by Clinician Connect) is strictly prohibited and constitutes a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items, including any and all copies made of the Clinician Connect websites.


3.2. Storage of Credit Card Data

Your credit card data is stored and kept secure by Merchant Warrior in accordance with their terms of use. Clinician Connect will not store your credit card data. Merchant Warrior is responsible for the security of this data. By agreeing to this Agreement, you agree to the terms of use of Merchant Warrior.

4. Our Rights & Obligations

4.1. Services Availability

We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and content. 
For as long as Clinician Connect continues to offer the Services, Clinician Connect shall provide and seek to update, improve and expand the Services (as we consider necessary). As a result, we allow you to access the Services as they may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on the Services or by notice to you in accordance with this Agreement. 

We may not keep showing the content or information you provide to us. 
Clinician Connect further reserves the right to withhold, remove or discard any content available as part of your Account, with or without notice if deemed by Clinician Connect to be contrary to this Agreement. For avoidance of doubt, Clinician Connect has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Clinician Connect may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.

 


4.2. Third Party Content, Sites and Developers

Your access of other Members’ and third parties’ content and information posted on the Services is at your own risk. 
By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You acknowledge that we do not review or filter such content and do not have the capacity to exercise editorial control over the content, before or after it is published. You agree and acknowledge that we are not responsible for other Members’ or third party content or information on the Services or for any damage or loss of any kind arising in connection with or incurred as result of the publication of any information or matter by any Member, Visitor or other person or your reliance on such information or matter. 
Third parties may offer their own products and services through Clinician Connect, and we are not responsible for these third-party activities. 
Clinician Connect may include links to third party web sites (“Third Party Sites”) on our Services. We enable third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Clinician Connect through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Clinician Connect is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Clinician Connect also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow a Platform Application or Third Party Site to authenticate you or connect with your Clinician Connect account, that application or website can access information you have provided to Clinician Connect related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Clinician Connect’s Privacy Policy.

 


4.3. Disclosure of User Information

You agree that we can use, store, and share information about you as permitted in our Privacy Policy. 
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Clinician Connect, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

 


4.4. Connections and Interactions with other Members

We have the right to limit the connections and interactions on the Services. 
You are solely responsible for your interactions with other Members. Clinician Connect may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Clinician Connect reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Clinician Connect determines, in our sole discretion, that doing so is necessary to enforce this Agreement. 

4.5. Intellectual Property Notices

We are providing you notice about our intellectual property rights. 
The Services include the copyrights and Intellectual property rights of Clinician Connect and except for the limited licence granted to you in Section 3, Clinician Connect reserves all of its intellectual property rights in the Services. Clinician Connect, the Clinician Connect logos and other Clinician Connect trademarks, service marks, graphics, and logos used in connection with Clinician Connect are trademarks or registered trademarks of Clinician Connect or Clinician Connect Affiliates (as defined below) in Australia or other countries. You may not in any form by any means copy, adapt, reproduce (other than for the purpose of viewing the Services), store, modify, distribute, print, upload, display, perform, publish, post-frame within another website or mobile application or create derivate works from, any part of a Service or commercialise any information obtain from any part of a Service, without our prior written permission (which may be withheld in our absolute discretion). Other trademarks and logos used in connection with Clinician Connect may be the trademarks of their respective owners. This Agreement does not grant you any right or licence with respect to any such trademarks and logos.

5. Disclaimer

We disclaim any legal liability for the quality, safety, or reliability of Clinician Connect. 
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON CLINICIAN CONNECT OR IT’S SUPPLIERS, ANY INFORMATION THEREIN, OR IT’S CONTINUATION. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLINICIAN CONNECT DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLINICIAN CONNECT AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CLINICIAN CONNECT OR ANYTHING RELATED TO CLINICIAN CONNECT, YOU MAY CLOSE YOUR CLINICIAN CONNECT ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. CLINICIAN CONNECT IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH A SERVICE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. CLINICIAN CONNECT DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES OR ANY INFORMATION ABOUT, OR PROVIDED BY, SUCH PERSONS (INCLUDING, WITHOUT LIMITATION, THEIR QUALIFICATIONS OR EXPERIENCE), NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CLINICIAN CONNECT DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. CLINICIAN CONNECT DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CLINICIAN CONNECT DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CLINICIAN CONNECT DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO EQUIPMENT FAILURE, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, THE SATURATION OF THE INTERNET NETWORK OR FOR ANY OTHER REASON 

6. Limitation of Liability

Our legal liability to you is limited. 
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Clinician Connect nor any of our subsidiaries, associated companies, suppliers, employees, shareholders or directors (“Clinician Connect Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid if any, or AUD $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Clinician Connect. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall (a) apply regardless of whether: (1) you base your claim on contract, tort, statute or other right; (2) we knew or should have known about the possibility of such damages; or (3) the limited remedies provided in this section fail of their essential purpose; and (b) not apply to any damage that Clinician Connect may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement. 


7. Termination

7.1. Mutual rights of termination

We can each end this Agreement anytime we want. 
You may terminate this Agreement, for any or no reason, at any time, with notice to Clinician Connect pursuant to Section 9.3. This notice will be effective upon Clinician Connect processing your notice. Clinician Connect may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Clinician Connect account includes disabling your access to Clinician Connect and may also bar you from any future use of Clinician Connect.

7.2. Misuse of the Services

Clinician Connect may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes methods to avoid paying for a confirmed connection; abusing the Clinician Connect messaging services; creating multiple or false Accounts; infringing any intellectual property rights, violating any of the Dos and Don’ts listed in Section 10, or any other behaviour that Clinician Connect, in its sole discretion, deems contrary to the purpose of the Services.


7.3. Effect of Termination

Upon termination of your Clinician Connect account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”), Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”) and Section 6 (“Limitation of Liability”). 


8. Dispute Resolution

8.1. Law and Forum for Legal Disputes

In the unlikely event we end up in a legal dispute, it will take place in Queensland courts, applying Queensland law. 
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Queensland regardless of your country of origin or where you access Clinician Connect, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods (if applicable). You and Clinician Connect agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Brisbane, Queensland, except as otherwise agreed by the parties. You and Clinician Connect agree to submit to the personal jurisdiction of the courts located within Brisbane, Queensland for the purpose of litigating all such claims. Notwithstanding the above, you agree that Clinician Connect shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

9. General Terms

9.1. Severability

Here are some important details about how to read the Agreement. 
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.


9.2. Language

Where Clinician Connect has provided you with a translation of the English language version of this Agreement (including the Privacy Policy), or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement and any other documentation, will govern your relationship with Clinician Connect. 

9.3. Notices and Service of Process

In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings on www.clinicianconnect.com.au or another Service. You may contact us here. Or via mail or courier at: Clinician Connect ATTN: Legal Department Suite 303, 550 Stanley St, South Brisbane, Qld, 4101, AUSTRALIA. Additionally, Clinician Connect accepts service at this address. Any notices that you provide without compliance with this section shall have no legal effect.

9.4. Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Clinician Connect regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Clinician Connect services, third-party content or third party software.

9.5. Amendments to This Agreement

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting www.clinicianconnect.com.au or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

9.6. No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Clinician Connect Affiliate shall be deemed legally binding on any Clinician Connect Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Clinician Connect.

9.7. No Injunctive Relief

You waive your rights to try to stop Clinician Connect, but we don’t waive our rights to ask a court to stop your actions. 
To the maximum extent permitted by law, in no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

9.8. Beneficiaries

Clinician Connect holds all rights it has under this Agreement on trust for itself and its associates (as defined under the Corporations Act 2001 (Cth)) (“Associates”). These rights may be enforced by Clinician Connect and/or its Associates.


9.9. Assignment and Delegation

You can’t assign your rights under this Agreement, but we can. 
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. You agree that we may also substitute, by way of unilateral novation, effective upon notice to you, Clinician Connect for any third party that assumes our rights and obligations under this Agreement.

9.10. Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside Australia. 

10. Clinician Connect “DOs” and “DON’Ts.”

As a condition to access Clinician Connect, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

10.1. Do undertake the following:

Here’s a list of some of the specific things we ask you to do and not do on Clinician Connect.

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

Provide accurate information to us and update it as necessary; 

Review and comply with our Privacy Policy; 
Review and comply with notices sent by Clinician Connect concerning the Services; 

Use the Services in a professional manner; and 
Use your real name on your Account.

10.2. Don’t undertake the following:

Act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, or objectionable content to the Services;

Publish inaccurate information in the designated fields on your Account;

Create an Account for anyone other than a natural person;

Harass, abuse or harm another person, including sending unwelcomed communications to others using the Services;

Use or attempt to use another’s account or create a false identity on the Services;

Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:

Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;

Is unlawful, defamatory, abusive, obscene, discriminatory or otherwise objectionable;

Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Clinician Connect);

Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

Contains a software virus, worm, or any other computer code, file or program that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Clinician Connect or any user of the Services;

Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or

Even if it is legal where you are located, create an Account or provide content that promotes escort services or prostitution.

Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;

Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in this Agreement;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

Utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in Clinician Connect’s sole discretion, with the Services;

Adapt, modify or create derivative works based on the Services or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Clinician Connect’s developer program;

Rent, lease, loan, trade, sell/re-sell access to the Services or any information therein, or the equivalent, in whole or part;

Sell, sponsor, or otherwise monetise a Clinician Connect Group or any other service or functionality of the Services, without the express written permission of Clinician Connect;

Remove any copyright, trademark or other proprietary rights notices contained in or on the Services, including those of both Clinician Connect and any of its licensors;

Remove, cover or otherwise obscure any form of advertisement included on the Services;

Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services or Clinician Connect except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

Share information of non-Members without their express consent;

Infringe or use Clinician Connect’s brand, logos or trademarks, including, without limitation, using the word “Clinician Connect” in any business name, email, or URL, except as expressly permitted by Clinician Connect;

Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;

Use bots or other automated methods to access Clinician Connect, add or download contacts, send or redirect messages, or perform other similar activities through the Services, unless explicitly permitted by Clinician Connect;

Access, via automated or manual means or processes, the Services for purposes of monitoring Clinician Connect’s availability, performance or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

Attempt to or actually access the Services by any means other than through the interfaces provided by Clinician Connect such as its mobile application or by navigating to www.clinicianconnect.com.au using a web browser. This prohibition includes accessing or attempting to access Clinician Connect using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including the Services;

Attempt to or actually override any security component included in or underlying the Services;

Engage in any action that directly or indirectly interferes with the proper working of or places an

unreasonable load on Clinician Connect’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Clinician Connect personnel, attempting to gain unauthorised access to the Services, or transmitting or activating computer viruses through or on the Services; and/or

Interfere or disrupt or game Clinician Connect or the Services, including, but not limited to, any servers or networks connected to Clinician Connect or the Services, or Clinician Connect’s search algorithms.

11. Complaints Regarding Content Posted on the Clinician Connect Website

If you think someone has written inappropriate content or misrepresented their professional status please check out our Appropriate Use Policy. 
We built the Services to help you to access clinical services. To achieve this purpose, we encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We require members to avoid offensive or inappropriate posts and to truthfully represent their clinical status. To promote these objectives, Clinician Connect provides a process for submission of complaints concerning content posted by our Members.

How To Contact Us

If you have questions or comments about this User Agreement, please contact us online or by physical mail at: 
Clinician Connect 
Attn: User Agreement Issues

Suite 303

550 Stanley St

South Brisbane, Qld, 4101

Australia.