Terms and Conditions

The following information sets out the conditions of use, general disclaimer and copyright conditions of the Medical Observer web site ("the Web site")

All information on the Web site is intended solely for Australian medical practitioners. By accessing, viewing or using the Web site You:

UBM Medica Australia Pty Ltd, the operator of the Web site, its affiliates, business partners and their respective employees, officers, agents and contractors ("UBM Medica Australia", "We" or "Us") provides all Content for the Web site but makes no representation nor warranty that its Content or information is complete, up-to-date or appropriate for clinical decisions.

UBM Medica Australia uses its best endeavours to ensure at the time of publishing (as indicated by the published date on each article or section of the Web site) the Content provided by UBM Medica Australia was complete to the best of UBM Medica Australia's knowledge.

In order to access this Web site, You must be an Australian Medical Practitioner and You must provide Your name and either Your provider number or registration number to verify Your identity when You enter the Web site. If You are not an Australian Medical Practitioner, please exit this Web site immediately. UBM Medica Australia considers anyone who is not a qualified Australian Medical Practitioner to be a Consumer. The information contained in this Web site is not intended to be used by Consumers.

In particular, the Content in this Web site is not intended to be used by Consumers to diagnose, treat, cure or prevent any disease or for therapeutic purposes. Consumers should not act in reliance on any statement contained in the information provided and at all times should obtain specific advice from a qualified health care professional.

UBM Medica Australia does not accept any liability for any injury, loss or damage incurred by use of or in reliance on the information provided through the Web site by Australian Medical Practitioners or Consumers whether arising from negligence or otherwise.

All rights reserved. UBM Medica, Australia 2008.

1. Dictionary
"Ad Category" means the categories referred to in the MO Display Booking Form and MO Freebies Booking Form.

"Advertisement Details" means the portion of the MO Display Booking Form and MO Freebies Booking Form where You describe to us the Paid Display or Freebie You require.

"Advertising Manager" means the advertising manager appointed by UBM Medica Australia who is responsible for paid display and freebies advertising and can be contacted on (advertising@medobs.com.au)

"Australian Medical Practitioner" means a medically trained person who has met the requirements set down by the relevant authorities for practising as a Medical Practitioner in Australia.

"Billing Details" means the section of the MO Display Booking Form where You provide us with information so that we can issue a Tax Invoice to You for the Paid Display and the section of the MO Freebies Booking Form where You identify Yourself to Us.

"Consumer" means anyone who is not a qualified Australian Medical Practitioner.

"Content" means any information, data, text, software, music, sound, photographs, graphics, video messages or other material.

"Display Rates" means the Paid Display rates specified in the Rate Card.

"Editor" means the Editor appointed by UBM Medica Australia from time to time who is responsible for the Web site and can be contacted on (editorial@medobs.com.au).

"Freebie" means an advertisement placed for career opportunities, locums, work wanted, wanted items, for sale or lease items and general issues excluding practice for sale or business for sale advertisements in accordance with these terms and conditions of use, which contains no graphics or images.

"GST" means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature.

"Input Tax" means an amount equal to the amount of GST paid or payable for the supply for anything acquired.

"Issues and Deadlines" means the issues and deadlines identified and specified in the MO Classifieds Booking Form.

"MO Display Booking Form" means the booking form located on the website atwww.medicalobserver.com.au/classifieds/paidform.aspfor both Paid Display Classifieds and Paid Display Advertisements.

"MO Freebies Booking Form" means the booking form located on the website atwww.medicalobserver.com.au/classifieds/freebiesform.asp.

"Newsletter" means the Medical Observer email newsletter which may be published by Us in connection with the Web site.

"Paid Display Advertisement" means an advertisement submitted by You which contains graphics and/or images and paid for in accordance with these terms and conditions of use.

"Paid Display Classifieds" means a classified advertisement submitted by You and paid for in accordance with these terms and conditions of use, which contains no graphics or images.

"Primary Payment" means any payment by You to Us of any fees or other amounts payable by you to us under these terms and conditions of use.

"Rate Card" means the advertising rate card referred to in clause 16.

"Tax Invoice" means an invoice in the format required by the law and which also shows the amount of GST payable by you in respect of the relevant Primary Payment.

"Size" means the size of the Paid Display as specified on the MO Classifieds Booking Form.

"You" means any Australian Medical Practitioner accessing this Web site.

2. Web site information is intended for Australian Medical Practitioners only
Information on the Web site is intended solely for Australian Medical Practitioners and the information contained on this site and sub-sites is Australia-specific.

3. Clinical information contained within the news update, clinical review and registrar sections of this site is not intended for the use of consumer
Clinical information contained on this site is intended for the educational instruction of qualified healthcare professionals, specifically Australian medical practitioners. Consumers seeking clinical information should not act in reliance on any statement contained in the information provided on the Web site and at all times should obtain specific advice from a qualified healthcare professional.

If you provide any clinical information to the Web site, you agree that you will obtain patient consent for any Content concerning a particular patient case study from the patient concerned before providing the Content to the Web site.

4. Quality of the information
UBM Medica Australia has made all reasonable efforts to ensure that all Content provided on the Web site and in the Newsletter is accurate and up-to-date. However UBM Medica Australia cannot guarantee complete accuracy of the Content on the Web site or in the Newsletter and assumes no legal liability or responsibility for the accuracy, currency or completeness of any information found on the Web site or in the Newsletter.

Clinical decisions are the responsibility of the Australian Medical Practitioner using the Web site and where any doubt exists regarding the appropriateness or not of any Content on the Web site or in the Newsletter, referral to a relevant specialist is recommended.

There will inevitably be clinical situations which will not be fully covered by the Content as provided by UBM Medica Australia on the Web site. In these circumstances it is strongly recommended that further information and advice be sought before a clinical decision is made.

To the extent permitted by law, UBM Medica Australia excludes all liability (even if negligent) for any injury, loss or damage caused by reliance on any of the information contained in or provided through the Web site or the Newsletter. You acknowledge that the use of the Web site is entirely at Your own risk.

5. This information complies with Australian regulations only
UBM Medica Australia recognises the global nature of the Internet and also recognises that the pharmaceutical industry is subject to country-specific health legislation with regard to the information which may be provided.

UBM Medica Australia has used its best endeavours to ensure that the information contained on the Web site and the Newsletter complies with specific Australian health regulations and codes of practice. However, UBM Medica Australia takes no responsibility for the accuracy or legal compliance of the information contained in advertisements or on the sub-sites owned or administered by third parties and hosted by UBM Medica Australia.

UBM Medica Australia also recognises that the availability of pharmaceutical products varies around the world. Products referred to on this Australian site may not be available or permitted in other countries.

6. Third party liability
If You use the links to external web sites available on this Web site then You acknowledge that UBM Medica Australia has not reviewed and is not responsible for any information contained and accessed through any link provided on the Web site.

The links to these web sites are made available by UBM Medica Australia for Your convenience only. The existence of these links does not constitute a guarantee or endorsement of those web sites or the products or services offered by such web sites, by UBM Medica Australia. Views or recommendations provided in the linked web sites do not necessarily represent the views of UBM Medica Australia.

UBM Medica Australia accepts no responsibility nor liability for information shown or advice given on these web sites, whether or not these websites are hosted or otherwise affiliated with UBM Medica Australia. These terms and conditions of use extend to Your use of those Web sites. We recommend that You carefully read their terms and conditions of use for each web site You visit from the links provided, including their privacy policies, especially if You are asked to supply personal information to those sites. The Web site privacy statements and disclaimers provided here apply solely to information collected by this Web site.

7. Email communication
Email contributions forwarded via the Web site may be published inMedical Observer at the Editor’s discretion.

Only contributions that are published in the print version of Medical Observer are eligible for a prize/payment where specified. You agree to abide by the Editor’s decision.

If You are providing Content which includes clinical information to the Web site or the Newsletter, you agree to:

• obtain the particular patient’s consent involved in the case study prior to providing the information to the Web site;
• remove from the Content to be provided including all images, any information or identification marks which could reveal the patient’s identity.

If You provide Content to the Web site or the Newsletter which includes your opinion on a current political issue or any other issue facing the medical profession, and that opinion:

• contains personal information about You;
• contains sensitive information identifying Your affiliation with any trade union or professional organisation or political party;

then You agree that the Web site or the Newsletter can publish your opinion including that information and You indemnify the Web site and UBM Medica Australia from any claim, loss, damage or harassment which may occur by this information being available on the Internet.

Email contributors to the IT Helpdesk section understand that queries will be published in the paper and on the Web site at the discretion of the Editor. Contributors to this section understand queries should be general in nature and can not be answered on an individual or real time basis.

Email contributors must agree to supply contact details and to be contacted prior to publishing for verification and editing purposes. For more information refer to our privacy policy.

If You communicate with UBM Medica Australia or the Web site by email, You agree not to use the Web site to:

• Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or ethnically otherwise objectionable.
• Impersonate any person or entity including, but not limited to a MediMedia Australia representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web site.
• Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or contractual or fiduciary relationship.
• Upload, post, email, transmit or otherwise make available any Content that infringes any Intellectual Property Rights of any other party.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising or promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any computer code files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Interfere with or disrupt the Web site or servers or networks connected to the Web site or disobey any requirements, procedures or policies or regulations of networks connected to the Web site.
• Intentionally or unintentionally violate any applicable local, state, national or international law.
• Stalk or otherwise harass another.
• Collect or store personal data of other users.
• You confirm that for any Content which includes information, images of patients you have obtained all necessary consents and waivers from those patients for the display of this information on the Web site.

8. Security of the Web site
The Internet is an insecure public network and transmissions may be viewed, intercepted or interfered with by third parties. UBM Medica Australia accepts no responsibility or liability for interference with transmissions or any consequent loss or liability caused to the user.

9. Limitation of Liability

 

 

?

• in the case of goods:
  • 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;
  • the payment of the cost of having the goods repaired;
or...
• in the case of services:
  • the supplying of the services again; or

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

 

 

9.1 To the extent permitted by law, UBM Medica Australia excludes (and to the extent that such exclusion is prohibited, limits to the maximum allowable extent) any and all loss, costs, damages or expenses of whatsoever nature (whether direct, indirect, incidental, consequential or otherwise) including, but not limited to, loss of profits, loss of savings or other incidental or consequential damages arising out of, relating to or connected in any manner whatsoever with Your use of the Web site. In the event that such liability cannot be excluded, UBM Medica Australia limits its liability to, at its option:

9.2 To the extent permitted by law, UBM Medica Australia is not responsible for any service or product provided by a third party supplier, for example the Medical Observer Wine Club or Box Office.

10. The Content of the Medical Observer Web site and its affiliates, and the Newsletter is copyright?All rights reserved by UBM Medica Australia.

 

 

In particular, no alterations, additions or adaptations of this Web publication are permitted by any company outside UBM Medica Australia without written consent from the Editor.

UBM Medica Australia makes every effort to contact copyright holders of photographs, illustrations, images and Content. If a work in copyright has been inadvertently included, UBM Medica Australia apologises to those concerned. Should the copyright holder prefer that the work not be made available on the Web site or in the Newsletter, please contact UBM Medica Australia in writing and the Web site or the Newsletter will be amended.

This Web site or the Newsletter may display photographs and images that are posed by models and in no way does UBM Medica Australia or its affiliates suggest that the people portrayed in those images are linked to any disease or condition.

11. Website linking policy

 

 

Other websites are welcome to link pages in the Web site, provided that permission is sought by those websites prior to any linking occurring. If permission is granted by the Editor for linking, the linking can occur, provided that no attempt is made to pass off the Content of

Medical Observer or the Web site as the property of the linking website. We do not approve of websites presenting Medical Observer articles or the Content of the Web site as a frame within their web pages.

We do not grant permission for anyone to copy Medical Observerarticles or the Content of the Web site to their own web pages without the prior written consent of the Editor.

Readers may print a single copy of articles for personal use. No further reproduction or distribution of the articles in whole or in part should proceed without the permission of the publisher.

?

12. General Information and Waiver

 

 

?

You acknowledge that these terms and conditions of use constitute the entire agreement between You and UBM Medica Australia and govern Your use of the Web site superseding any prior agreement between You and UBM Medica Australia.

You may also be subject to additional terms and conditions of use that may apply when You use or purchase other services from UBM Medica Australia.

The failure of UBM Medica Australia to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver or any such right or provision. If any provision of the terms of service is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court shall endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the terms and conditions of use shall remain in full force and effect.

13. Access restricted to Australian Medical Practitioners

 

 

?

Access to the Web site is restricted to Australian Medical Practitioners. In order to access the Web site, You must provide Your name and either Your provider number or registration number to verify Your identity when You enter the Web site. UBM Medica Australia cannot and will not be liable for any loss or damage arising from:

• Your failure to comply with the above requirements;
• any unauthorised use of Your name or details to access, view or use the Web site;
• any failure of any identification software used to verify users of the Web site; or

• any accessing, viewing or using of the Web site by a Consumer.

14. Member Account, Password and Security

 

 

As You are aware, there are certain parts of the Web site which are restricted to member only access which are managed by third party providers. Password protected third-party providers to the

Medical Observerwebsite include:

MO LearningYou will receive a password, user name and account designation upon completing the third party provider's Web site registration process. You are responsible for maintaining the confidentiality of Your user name, the password and account and You are fully responsible for all activities that occur under Your user name, password and account.

You agree to:

• immediately notify the relevant third party of any unauthorised use of Your password or account or any other breach of security; and
• ensure that You exit from Your account at the end of each session.

UBM Medica Australia cannot, and will not be liable for any loss or damage arising from Your failure to comply with these requirements.

15. Your Conduct

 

 

You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You are responsible for all Content that You upload, post, email, transmit or otherwise make available via the Web site. UBM Medica Australia does not control the Content posted by You and other members via the Web site, and as such does not guarantee its accuracy, integrity or quality. You understand by using the Web site You may be exposed to Content that is offensive, indecent or objectionable. Clinical decisions are the responsibility of You and where any doubt exists regarding the appropriateness or not of any Content on the Web site or Content provided by other members, referral to a relevant specialist is recommended. There will inevitably be clinical situations which are not fully covered by the Content provided on the Web site, or the Content provided by other members. In these circumstances it is strongly recommended that further information and advice be sought before a clinical decision is made. Under no circumstances will UBM Medica Australia be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Web site.

You agree not to use the Web site to:

• Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or ethnically otherwise objectionable.
• Harm minors in any way.
• Impersonate any person or entity including, but not limited to a UBM Medica Australia representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web site.
• Upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or contractual or fiduciary relationship.
• Upload, post, email, transmit or otherwise make available any Content that infringes any Intellectual Property Rights of any other party.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising or promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any computer code files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Interfere with or disrupt the Web site or servers or networks connected to the Web site or disobey any requirements, procedures or policies or regulations of networks connected to the Web site.
• Intentionally or unintentionally violate any applicable local, state, national or international law.
• Stalk or otherwise harass another.
• Collect or store personal data of other users.
• You confirm that any content which includes personal information, such as images of patients, has been obtained with all the necessary consents and waivers from those patients for the display of this information on the Web site.
• You acknowledge that UBM Medica Australia may not pre-screen Content provided by members, but UBM Medica Australia retains the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Web site. Without limiting the foregoing UBM Medica Australia has the right to remove any Content provided by members that violates the terms and conditions of use or are otherwise objectionable. You agree that You must evaluate and bear all risks associated with the use of any Content provided by members, including any reliance on the accurateness, completeness or usefulness of such Content provided by members .
• You acknowledge that by disclosing information in accordance with the terms and conditions of use for the Web site you are indemnifying the Web site and UBM Medica Australia from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.

You acknowledge, consent and agree that UBM Medica Australia may access, preserve or disclose Your account information in Content if required to do so by law, or in good faith believes that such access, preservation or disclosure is reasonably necessary to:

• Comply with legal process;
• Enforce the terms and conditions of use the servers seek;
• Respond to any claims that any Content violates the rights of third parties;
• Respond to Your request for customer service; or
• Protect the rights and property of UBM Medica Australia and its users.

You understand that technical processing and transmission of the Web site including Your Content may involve:

• transmissions over various networks; and
• Changes to conform to technical requirements of connecting networks or devices.

You understand that the Web site may include security components that permit digital materials to protect it and the use of these materials is subject to usage rules set by UBM Medica Australia and/or Content providers who provide Content to the service. You may not attempt to override or circumvent any of the usage rules embedded in the Web site. Any unauthorised reproduction, publication, further distribution or public exhibition of materials provided on the Web site in whole or in part is strictly prohibited.

16. Web site Advertising

 

 

?

16.1 UBM Medica Australia offers You the opportunity to submit via the website, or by telephone or facsimile Paid Display Classifieds in accordance with the following rules:

• to apply for a Paid Display Classified either contact the Advertising Manager by phone (1800 444 848 or 02 9902 7851 ), fax (02 9902 7779) or complete the MO Display Booking Form located on our website: (http://www.medicalobserver.com.au/classifieds/paidform.asp);
• UBM Medica Australia will use its reasonable endeavours to publish your Paid Display Classified in accordance with the information you provide to us in accordance with subclause 16.1(a);
• UBM Medica Australia may, in its absolute discretion, refuse or withdraw your Paid Display Classified from publication. A binding contract between You and UBM Medica Australia will only occur when UBM Medica Australia accepts Your Paid Display Classified in writing or generates and sends to you a Tax Invoice for that Paid Display Classified. Nevertheless, UBM Medica Australia reserves the right to refuse or withdraw from publication any Paid Display Classified at any time without giving reasons;
• UBM Medica Australia reserves the right to vary the placement of Your Paid Display Classified and to change the format of Your Paid Display Classified. UBM Medica Australia will endeavour to notify You of any such changes. UBM Medica Australia will not be liable for any costs, expenses, losses or damages suffered or incurred by You arising from any change to the placement or format of Your Paid Display Classified.
• You agree to abide by the rules of conduct specified in clause 7 of these terms and conditions of use regarding email communication for each Paid Display Classified you place with UBM Medica Australia.
• You warrant to UBM Medica Australia that Your Paid Display Classified does not breach or infringe:
  • any consumer laws;
  • any Intellectual Property Rights of any third party including copyright, trademark, obligation of confidentiality or other personal or proprietary information;
  • any laws regarding defamation, obscenity or contempt of any Court, Tribunal or Royal Commission;
  • any anti-discrimination legislation, either State or Federal;
  • any privacy legislation, either State or Federal;
  • any other law which may be applicable to your Paid Display Classified such as the laws regulating pharmaceutical products and therapeutic goods.
• You must not submit a Paid Display Classified for publication without complete contact details including full name and Your street address.
• If in the Advertising Manager’s opinion You submit a Paid Display Classified that looks like editorial material, UBM Medica Australia may publish the Paid Display Classified under the heading "advertising" with a border distinguishing it from a nearby editorial.
• If you submit your Paid Display Classified to Us electronically, You must comply with all of our specifications in the MO Display Booking Form. Your Paid Display Classified may be rejected if it is not submitted in accordance with these specifications.
• We have identified in the Advertisement Details various advertisement categories and will publish Your Paid Display Classified under the ad category we reasonably believe is most appropriate. You must realise that these categories are for the convenience of our readers and are determined at our discretion from time to time.
• We will publish the Paid Display Classified in alphabetical caption order and where space permits with related online advertising.
• If You submit online, you are responsible for ensuring that Your Paid Display Classified is error free.
• UBM Medica Australia does not accept responsibility for any errors in Paid Display Classifieds placed over the telephone or via facsimile.
• If you wish to make a claim on UBM Medica Australia for credit republication or other remedy in respect of a Paid Display Classified You must send the claim to us in writing no later than 25 days after the date of the Tax Invoice or date of publication of the Paid Display Classified, whichever is the earlier. UBM Medica Australia will only investigate complaints during normal business hours and will, at its absolute discretion, resolve Your complaint.
• You must pay for the Paid Display Classified in accordance with the Display Rates.
• If UBM Medica Australia is liable by law for any GST on any Primary Payment, You must pay to UBM Medica Australia the amount of GST.
• You must pay to UBM Medica Australia an amount in respect to any GST that You are required to pay under these terms and conditions of use at the same time and in the same manner as You are required to pay for the Primary Payment to which the amount of GST relates.
• UBM Medica Australia must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
• If UBM Medica Australia refunds to You any amount under these terms and conditions of use, UBM Medica Australia must also refund to You an amount in respect of any GST that You paid in respect of that amount.
• UBM Medica Australia may grant or deny or withdraw credit to You at any time in its discretion. You must ensure that Your account number is only available to Your employees authorised to use it. You will be liable for all Paid Display Classifieds requested with a quotation of Your account number.
• You must pay for the Paid Display Classified:
  • by pre-payment if lodged online;
  • if lodged via facsimile or telephone within 7 days after the date of the Tax Invoice.
• A Paid Display Classified will only appear for as long as it has been booked.
• To be displayed on all websites, the Paid Display Classified must be displayed on the paper version of Medical Observer, Display Rates advertised in the paper and on our website (www.medicalobserver.com.au/classifieds/rates.asp).
• Paid Display Classifieds will only appear for as long as it has been booked.
• No cancellations or bookings can be made after a booking deadline. All cancellations must be made in writing and must be made 9 days prior to the publication date. Cancellations can be made by contacting the Advertising Manager by email:classifieds@medobs.com.au or by fax.
• You acknowledge that by disclosing this information in accordance with the terms and conditions of use for the Web site, you are indemnifying the Web site and UBM Medica Australia from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.

16.2 UBM Medica Australia offers you the opportunity to submit Freebies in accordance with the following rules:

• Freebies are for locums, wanted items, for sale items, general excluding practice for sale or business for sale advertisements.
• Freebies are available only to individual Australian Medical Practitioners for personal items only.
• To apply for a Classified Freebie, the form available in the paper version of Medical Observer or on the Web site must be completed (www.medicalobserver.com.au/classifieds/freebiesform.asp). Each Classified Freebie will be published if possible, but no guarantee is given;
• Each Classified Freebie will be displayed for 7 days only;
• Classified Freebies are limited to 20 words only;
• You acknowledge that by disclosing this information in accordance with the terms and conditions of use for the Web site, you are indemnifying the Web site and UBM Medica Australia from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.
• You are responsible for ensuring that Your Freebie is error free;
• If you submit your Freebie to Us electronically, You must comply with all of our specifications in the MO Freebies Booking Form. Your Freebie may be rejected if it is not submitted in accordance with these specifications.
• We will publish the Freebie in alphabetical caption order and where space permits with related online advertising.
• UBM Medica Australia does not accept responsibility for any errors in Freebies placed over the telephone or via facsimile.

16.3 UBM Medica Australia offers You the opportunity to submit via the Web site or by telephone or facsimile Paid Display Advertisement in accordance with the following rules:

• to apply for a Paid Display Advertisement either contact the Advertising Manager by phone (1800 444 848 or 02 9902 7851), fax (02 9902 7779) or complete the MO Display Booking Form located on our website: (www.medicalobserver.com.au/classifieds/paidform.asp);
• UBM Medica Australia will use its reasonable endeavours to publish your Paid Display Advertisement in accordance with the information you provide to us in accordance with subclause 16.1(a);
• UBM Medica Australia may, in its absolute discretion, refuse or withdraw your Paid Display Advertisement from publication. A binding contract between You and UBM Medica Australia will only occur when UBM Medica Australia accepts Your Paid Display Advertisement in writing or generates and sends to you a Tax Invoice for that Paid Display Advertisement. Nevertheless, UBM Medica Australia reserves the right to refuse or withdraw from publication any Paid Display Advertising at any time without giving reasons;
• UBM Medica Australia reserves the right to vary the placement of Your Paid Display Advertisement and to change the format of Your Paid Display Advertisement. UBM Medica Australia will endeavour to notify You of any such changes. UBM Medica Australia will not be liable for any costs, expenses, losses or damages suffered or incurred by You arising from any change to the placement or format of Your Paid Display Advertisement.
• You agree to abide by the rules of conduct specified in clause 7 of these terms and conditions of use regarding email communication for each Paid Display Advertisement you place with UBM Medica Australia.
• You warrant to UBM Medica Australia that Your Paid Display Advertisement does not breach or infringe:
  • any consumer laws;
  • any Intellectual Property Rights of any third party including copyright, trademark, obligation of confidentiality or other personal or proprietary information;
  • any laws regarding defamation, obscenity or contempt of any Court, Tribunal or Royal Commission;
  • any anti-discrimination legislation, either State or Federal;
  • any privacy legislation, either State or Federal;
  • any other law which may be applicable to your Paid Display Advertisement such as the laws regulating pharmaceutical products and therapeutic goods.
• You must not submit a Paid Display Advertisement for publication without complete contact details including full name and Your street address.
• If in the Advertising Manager’s opinion You submit a Paid Display Advertisement that looks like editorial material, UBM Medica Australia may publish the Paid Display Advertisement under the heading "advertising" with a border distinguishing it from a nearby editorial.
• If you submit your Paid Display Advertisement to Us electronically, You must comply with all of our specifications in the MO Display Booking Form. Your Paid Display Advertisement may be rejected if it is not submitted in accordance with these specifications.
• We have identified in the Advertisement Details various advertisement categories and will publish Your Paid Display Advertisement under the ad category we reasonably believe is most appropriate. You must realise that these categories are for the convenience of our readers and are determined at our discretion from time to time.
• We will publish the Paid Display Advertisement in alphabetical caption order and where space permits with related online advertising.
• If You submit online, you are responsible for ensuring that Your Paid Display Advertisement is error free.
• UBM Medica Australia does not accept responsibility for any errors in Paid Display Advertisement placed over the telephone or via facsimile.
• If you wish to make a claim on UBM Medica Australia for credit republication or other remedy in respect of a Paid Display Advertisement You must send the claim to us in writing no later than 25 days after the date of the Tax Invoice or date of publication of the Paid Display Advertisement, whichever is the earlier. UBM Medica Australia will only investigate complaints during normal business hours and will, at its absolute discretion, resolve Your complaint.
• You must pay for the Paid Display Advertisement in accordance with the Display Rates.
• If UBM Medica Australia is liable by law for any GST on any Primary Payment, You must pay to UBM Medica Australia the amount of GST.
• You must pay to UBM Medica Australia an amount in respect to any GST that You are required to pay under these terms and conditions of use at the same time and in the same manner as You are required to pay for the Primary Payment to which the amount of GST relates.
• UBM Medica Australia must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
• If UBM Medica Australia refunds to You any amount under these terms and conditions of use, UBM Medica Australia must also refund to You an amount in respect of any GST that You paid in respect of that amount.
• UBM Medica Australia may grant or deny or withdraw credit to You at any time in its discretion. You must ensure that Your account number is only available to Your employees authorised to use it. You will be liable for all Paid Display Advertisement requested with a quotation of Your account number.
• You must pay for the Paid Display Advertisement:
  • by pre-payment if lodged online;
  • if lodged via facsimile or telephone within 7 days after the date of the Tax Invoice.
• A Paid Display Advertisement will only appear for as long as it has been booked.
• To be displayed on all websites, the Paid Display Advertisement must be displayed on the paper version of Medical Observer, Display Rates advertised in the paper and on our website (www.medicalobserver.com.au/classifieds/rates.asp).
• Paid Display Advertisements will only appear for as long as it has been booked.
• No cancellations or bookings can be made after a booking deadline. All cancellations must be made in writing and must be made 9 days prior to the publication date. Cancellations can be made by contacting the Advertising Manager by email:advertising@medobs.com.au or by fax.
• You acknowledge that by disclosing this information in accordance with the terms and conditions of use for the Web site, you are indemnifying the Web site and UBM Medica Australia from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.

• You warrant that if Your Paid Display Advertisement contains any Content which is the name, or photographic or pictorial representation of any living person or anything by which a living person can be identified, You have obtained the consent of the person involved to use that Content.

17. Community noticeboard

 

 

?

UBM Medica Australia offers You the opportunity to submit by email, free community announcements ("Announcements") on the Community Notice Board in accordance with the following rules:

• the Community Notice Board is for the display of non-commercial announcements such as for reunions, obituaries and anniversaries.
• Any advertisements for commercial products or events will not be accepted.
• It is at the Advertising Manager's discretion to decide whether or not an Announcement is suitable for the Community Notice Board.
• Community noticeboard announcements are limited to 100 words
• Only members of the Australian medical community can post Announcements to the Community Notice Board.
• To apply for an Announcement to be placed on the Community Notice Board the form available on the Web site must be completed and sent to the Advertising Manager via the website
• Each Announcement that meets the above criteria will be published and displayed for the time specified by the user by the date of publishing.
• You acknowledge that by disclosing information in accordance with the terms and conditions of use for the Web site you are indemnifying the Web site and UBM Medica Australia from any claim for any loss, damage, or harassment which may occur by this information being available on the Internet.