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Terms of Use

Terms and Conditions of Use

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 Health Professionals. Each time you access, view or use the Web site You:

  • warrant that You are a qualified Australian Health Professional;
  • warrant that all of the information You have provided to us, including but not limited to the information You provided to us at the time You registered as a member of the Web site is true, complete, accurate and up-to-date;
  • warrant that You are accessing the Web site from within Australia; and
  • acknowledge, accept and agree to abide by these terms and conditions of use.

UBM Medica Australia Pty Ltd (ACN 050 695 157), 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, except for the Content contained in the Classifieds and the Content provided by users of 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. UBM Medica Australia is not responsible for any Content contained in the Classifieds or the Content provided by users of the Web site.

In order to access this Web site You must be an Australian Health Professional and:

  • If You You are 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; or
  • If You are any other class of Australian Health Professional, You must provide us with any information we may request you to provide from time to time to verify your identity.

If You are not an Australian Health Professional, please exit this Web site immediately.

UBM Medica Australia considers anyone who is not a qualified Australian Health Professional 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 Health Professionals or Consumers whether arising from negligence or otherwise.

All rights reserved. UBM Medica Australia Pty Ltd 2010.

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 Health Professional" means a person to belongs to one of the classes of persons described in section 42AA of the Therapeutic Goods Act 1989 (Cth) or any subordinate legislation (including regulations) and other instruments under it and consolidations, amendments, re-enactments or replacements of that section of the Therapeutic Goods Act 1989 (Cth), and includes an Australian Medical Practitioner.

"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.

“Booked Period”means:

  • in relation to Freebies, the Weekly Period; and
  • in relation to Paid Display Classifieds, the Weekly Periods booked by You.

“Booking Deadline”means 12pm on the Wednesday before the next Weekly Period.“Classifieds”means the area of the Web site which displays Freebies and Paid Display Classifieds.

"Consumer" means anyone who is not a qualified Australian Health Professional.

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

"Display Rates" means our rates for Paid Display Advertisements as advertised on our website (www.medicalobserver.com.au/classifieds/).

"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.

“Intellectual Property” means all intellectual property and proprietary rights (whether registered or unregistered), including:

  • business names;
  • trade or service marks;
  • any right to have information kept confidential; and
  • patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, data bases, know?how, logos, designs, design rights, copyright and similar industrial or intellectual property rights.

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

“Laws”means any and all laws in any jurisdiction which may apply to the Web site, the Content or any of the Classifieds, including, but not limited to:

  • consumer law;
  • Intellectual Property rights of any third party;
  • laws regarding defamation, obscenity or contempt of any court, tribunal or royal commission;
  • anti-discrimination legislation;
  • privacy legislation; and
  • laws regulating pharmaceutical products and therapeutic goods.

"MO Display Booking Form" means the booking form located on the website at www.medicalobserver.com.au/classifieds/ for 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/.

"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 which contains graphics and/or images.

"Paid Display Classified" means a classified advertisement, other than a Freebie, which contains no graphics or images.

“Personal Information”has the meaning given to that term in the Privacy Act 1988 (Cth).

"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.

"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.

"You" means any person accessing this Web site.

“Weekly Period”means the seven day cycle of the Classifieds.

2. Web site information is intended for Australian Health Professionals only

Information on the Web site is intended solely for Australian Health Professionals 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 Health Professionals. 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, other than the Classifieds and any Content provided by users of 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 Health Professional 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. Email communication

Email contributions forwarded via the Web site may be published in Medical 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.

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 cannot 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.

7. Use of 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.
  • Upload, post, email, transmit or otherwise make available any Content that is not in keeping with the professional and respectful tone appropriate for the Medical Observer online community.
  • 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. Warranty and Indemnity

You warrant to UBM Medica Australia that any Classified or Paid Display Advertisement submitted by You complies with all Laws and does not infringe any third party Intellectual Property rights.

You indemnify and keep UBM Medica Australia indemnified from and against all and any actions, claims, demands, costs, losses and expenses of any nature incurred by UBM Medica Australia arising as a result of or in connection with:

  • Any breach of the above warranty by You;
  • any negligent act or omission, unlawful or wilful misconduct by You;
  • any breach of these terms and conditions of use by You;
  • any misleading or deceptive conduct by You;
  • any Content of Your Freebie, Paid Display Classified or Paid Display Advertisement; and
  • any information You make available on the Internet using the Web site.

10. Limitation of Liability

You agree that except for any implied condition or warranty the exclusion of which from these terms would contravene any statute or cause any part of these terms to be void (“Non Excludable Condition”), UBM Medica Australia excludes from these terms of use all conditions, warranties and terms implied by statute, general law or custom. Except for liability in relation to a Non Excludable Condition, UBM Medica (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of Your use of the Web site, including, without limitation, any technical difficulties or malfunction of the Web site (whether or not under UBM Medica Australia’s control).

In the event that such liability cannot be excluded, UBM Medica Australia limits its liability to, at its option:

  • 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.

UBM Medica Australia is not responsible for any service or product provided by a third party supplier, , or any service or product which appears in the Classifieds or as a Paid Display Advertisement.

11. The Content of the 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.

12. 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 the Web site as the property of the linking website.

You must not present or display, or allow or enable any other person to present or display, Medical Observer articles or the Content of the Web site as a frame within another web page. We do not grant permission for anyone to copy Medical Observer articles 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.

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 or 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.

13. Access and security

Access to the Web site is restricted to Australian Health Professionals. In order to access the Web site, You must provide Your name and:

  • if you are an Australian Medical Practitioner, either Your provider number or registration number;
  • if you are a member of any other class of an Australian Health Professional, any information we may from time to time request you to provide,

to verify Your identity when You enter the Web site.

Certain parts of the Web site are restricted to member only access which may be managed by third party providers. Password protected third-party providers to the Web site include:

MO Learning

UBM Medica Australia or Our third party providers will provide You with a password, user name and account designation upon completing the 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 the requirements of this clause 13;
  • any unauthorised use of Your Access Details;
  • 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. Your Conduct

You understand and agree 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 Your responsibility and where any doubt exists regarding the appropriateness or not of any Content on the Web site or Content provided by other members you should not rely on such Content. 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.

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 or health 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, consent and agree that UBM Medica Australia may access, preserve or disclose Your account information 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 these terms and conditions of use;
  • Enforce the terms and conditions of use Our 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 must 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.

15. Paid Display Classifieds

UBM Medica Australia invites You to submit via the Web site, or by phone (1800 444 848 or 02 9902 7851 ), fax (02 9902 7779) or the MO Display Booking Form located on the Web site (http://www.medicalobserver.com.au/classifieds/), a Paid Display Classified in accordance with the following rules:

  • UBM Medica Australia will use its reasonable endeavours to publish your Paid Display Classified in accordance with the information you provide to us;
  • UBM Medica Australia may, in its absolute discretion, refuse or withdraw your Paid Display Classified from publication at any time without giving reasons.
  • 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.
  • 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 must not submit a Paid Display Classified for publication without Your 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.
  • We will publish Your Paid Display Classified under the Ad Category we reasonably believe is most appropriate. You acknowledge that these categories are for the convenience of Our readers and are determined at Our discretion from time to time.

16. Paid Display Advertisements

UBM Medica Australia invites You to submit via the Web site or by phone (1800 444 848 or 02 9902 7851 ), fax (02 9902 7779) or the MO Display Booking Form located on the Web site (http://www.medicalobserver.com.au/classifieds/), a Paid Display Advertisement in accordance with the following rules:

  • UBM Medica Australia will use its reasonable endeavours to publish your Paid Display Advertisement in accordance with the information you provide to us.
  • UBM Medica Australia may, in its absolute discretion, refuse or withdraw your Paid Display Advertisement from publication at any time without giving reasons.
  • 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.
  • 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 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.
  • 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.

17. Payment

  • You must pay for Your Paid Display Classified or Paid Display Advertisement in accordance with the Display Rates.
  • If UBM Medica Australia is liable for any GST on any Primary Payment, You must pay to UBM Medica Australia the amount of GST payable 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 will 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 (if any). You will be liable for all Paid Display Classifieds and Paid Display Advertisements requested with a quotation of Your account number.
  • You must pay for the Paid Display Classified:
    • if lodged online, by pre-payment; or
    • if lodged via fax or phone, within 7 days after the date of the Tax Invoice.
  • Paid Display Advertisements and Paid Display Classifieds will only appear for the duration of the Booked Period. If You do not wish Your Paid Display Classified or Paid Display Advertisement to appear in the next Weekly Period which forms part of the Booked Period, You must contact the Advertising Manager before the Booking Deadline by phone, email (advertising@medobs.com.au) or fax. No cancellations or changes or bookings can be made after the Booking Deadline.
  • Paid Display Advertisements and Paid Display Classifieds will be displayed on the paper version of Medical Observer as well as on the Web site.
  • We will not be liable for any misuse or unauthorised use of your credit card details in any circumstances.
  • All transactions are in AUD.
  • 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 is not under any obligation to resolve Your complaint.

18. Freebies

UBM Medica Australia offers you the opportunity to submit Freebies on Our Web site in accordance with the followingrules:

  • Freebies are available to Australian Medical Practitioners only for personal items for sale or wanted items or locums, excluding ‘practice for sale’ or ‘business for sale’ advertisements.
  • Freebies are not available to recruitment companies, skin clinics, corporations or practice management companies.
  • To apply for a Freebie, You must complete the form available in the paper version of Medical Observer or on the Web site (www.medicalobserver.com.au/classifieds/create-free).
  • Each Freebie will be displayed for 7 days only. The information must be re-entered for a further issue.
  • Classified Freebies are limited to 20 words only, a headline and contact details.
  • You are responsible for ensuring that Your Freebie is error free. You acknowledge that once you enter your Freebie, You cannot amend or cancel it.
  • A maximum of one Freebie per user per issue applies.
  • 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.
  • While we endeavour to publish every Freebie submitted to us, we cannot guarantee we can publish every Freebie submitted to us and carriage of Freebies submitted to us at all times remains at the Advertising Manager’s absolute discretion.

19. Community noticeboard

UBM Medica Australia invites You 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 Web site.
  • Each Announcement that meets the above criteria will be published and displayed for the time specified by the user by the date of publishing.

20. Intellectual Property

You agree that Our Intellectual Property remains our Intellectual Property and that any Intellectual Property arising from or in connection with Your use of the Web site will be Our Intellectual Property, other than the Content of the Classifieds.

You will immediately notify UBM Medica Australia of any actual or potential infringement of UBM Medica Australia’s Intellectual Property rights of which You become aware.

22. Privacy

UBM Medica Australia respects your privacy and complies with relevant privacy laws in the collection, management and use of your personal information. We may collect and use personal information from you for the purposes of providing you with access to the Web site in accordance with our Privacy Policy (www.medicalobserver.com.au/about/privacy). Personal information may be reasonably provided to employees and third party providers. If you choose not to supply or consent to us using your personal information, UBM Medica Australia may not be able to provide you with access to the Web site or the Classifieds.

23. General

By using the Web site You agree to be bound by these terms and conditions of use.

You agree that these terms and conditions of use of the Web site are governed by the laws of New South Wales and You agree to submit to the exclusive jurisdiction of the Courts located within the State of New South Wales for any disputes.

UBM Medica Australia reserves the right to change these terms and conditions from time to time. UBM Medica Australia may also be required to change these terms and conditions of use for security reasons, for technical infrastructure reasons, or if required by law. UBM Medica Australia may change these terms and conditions of use at any time by posting the updated terms and conditions on the Web site.. It is Your responsibility to be aware of any changes to these terms and conditions of use.

You may be subject to additional terms and conditions of use that may apply when You use or purchase other services from UBM Medica Australia and terms of use of third parties who manage parts of the Web site.

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.