Terms Of Use

Please aware of the terms and conditions of using the Medical Observer website.
Date of Last Revision: 28th July, 2015.

 

 

Cirrus Media Pty Ltd Website Terms and Condition

1. USE

This website (www.medicalobserver.com.au) is owned and operated by Cirrus Media Pty Ltd ACN 132 719 861.  By browsing and using our website you are agreeing to comply with and be bound by the following terms and conditions of use.

(a) A reference to “Cirrus”, “we” or “us” in these Terms and Conditions includes Cirrus Media
Pty Ltd, its directors, officers, employees and agents.

(b) The information and settings provided in this website are correct at the time of publishing.  
Cirrus takes no responsibility for the accuracy of the information and graphics.  Some information is obtained from our suppliers and third parties.  
We take every possible precaution to deliver accurate information, but cannot be held responsible for minor variances that may occur in such information.  
In the event that any errors or omissions on the website are brought to our attention, we shall endeavour to rectify those errors or omissions as soon as possible.  
However we will not be responsible for any consequential loss suffered by any users of the website as a result of our errors or omissions.

(c) The content of the pages of this website is for your general information and use only.  
We reserve the right to amend or update our website without providing notice to you.

(d) This website contains material which is owned by or licensed to us.  This material includes, but is not limited to, the design,
layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.

(e) Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

(f) From time to time this website may also include links to other websites.  
The linked sites are not under the control of Cirrus and Cirrus is not responsible for the content of any linked site or any link contained in a linked site.
Cirrus reserves the right to terminate any link at any time. Any links are provided as a convenience to you only and in no way should this be interpreted as an endorsement
of any company, content or products to which it links. If you decide to access any of the third party sites linked to this website you do so entirely at your own risk.
Cirrus disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or
legality of any content of a linked site.

(g) You may not create a link to this website from another website or document without
our prior written consent.

2. COPYRIGHT

Unless otherwise specified, all materials on this website are the property of Cirrus and are protected by the copyright laws of Australia and throughout the world by the
applicable copyright laws. The use of any such material on any other website or networked computer environment or for any other purpose is strictly prohibited and such
unauthorised use may violate copyright, trade mark and other similar laws. Any redistribution or reproduction of part or all of the contents in any form is prohibited other
than as follows:

(a) You may print or download to a local hard disk extracts for your personal and non-commercial use only,
provided you keep intact all copyright and other proprietary notices.

(b) You may copy the content to individual third parties for
their personal use, but only if you acknowledge this website as the source of the material.

(c) Other than as outlined in (a) and (b) above no materials on this website, in whole or in part, may be copied, reproduced, modified,
republished, uploaded, posted, transmitted or distributed in any form or by any means without prior written permission from Cirrus.

3. TRADE MARKS

The trade marks, service marks and logos of Cirrus and others used in this website (Trade Marks) are the property of Cirrus and their respective owners.
You have no right to use any such Trade Marks, and nothing contained in this website or these Terms and Conditions grants any right to use (by implication, waiver, estoppel or
otherwise) any Trade Marks without the prior written permission of Cirrus or the respective owner.

4. SYSTEM INTEGRITY

 

(a) You must not, by the use of any device, software, action or instruction, interfere or attempt to interfere with the proper working
of the Website or any activities being conducted on the Website.

(b) You must not disclose or share any confidential information,
including your password to or with any third parties or use any such information for any unauthorised purpose.

(c) You are solely responsible for your transmissions through the Website.

(d) You must be open and honest in all your communications through the Website.

(e) You must not use the Website for illegal purposes.

(f) You must comply with all relevant laws, regulations, policies and procedures in relation to your use of the Website.

(g) We reserve the right to determine whether or not you are in default of the Terms and Conditions and may, in our sole discretion,
immediately terminate your Account and use of the Website when we believe that you are in default of the Terms and Conditions.

(h) We agree to always act reasonably when exercising our right to terminate your Account in relation to the Website.

5. REGISTRATION

 

(a) Access to and use of password protected or secured areas of this website is restricted to authorised users only.
You must register to obtain an account to access such areas. Registration for such is subject to our Registered User Terms and Conditions, as well as certain eligibility
criteria.

6. YOUR INFORMATION

 

(a) “Your Information” includes any information you provide or communicate to us at any time, including when you register to
use the Website and any material provided by you which is posted or displayed on this website.

(b) You are solely responsible for Your Information and we may assume that Your Information is being legally and validly used and is
correct.

(c) We may deal with Your Information if, in our absolute discretion, it is necessary.

(d) Except for any disclosure by you for technical support purposes, uses specified in our Privacy Policy or where Your Information is
clearly marked by you to the contrary, Your Information will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback
and ideas regarding our company, products or services that you communicate to Cirrus will be deemed the property of Cirrus and Cirrus shall be entitled to full rights of
ownership, including without limitation, unrestricted rights to use or disclose such in any form, medium or technology now known or later developed, and for any purpose,
commercial or otherwise, without compensation to you.

(e) You must ensure that Your Information:

(i) is true, accurate and complete;

(ii) is not false or misleading;

(iii) does not infringe any other person’s rights or privacy;

(iv) is not contrary to any applicable law or industry code of practice;

(v) is not defamatory, threatening or harassing;

(vi) is not obscene or pornographic; or

(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage,detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

(f) You must not do or allow to be done anything involving the Website which:

(i) may be contrary to any applicable law or industry code of practice, or

(ii) is prohibited by these Terms and Conditions.

7. OUR RIGHTS

 

(a) We may refuse you the right to use the Website if you give information which is untrue, inaccurate or incomplete; or

(b) If we believe that you have engaged in any form of misleading and deceptive conduct you may, in the sole discretion of Cirrus, be
permanently suspended from the Website and any associated accounts and Websites.

(c) Although not obliged to do so, Cirrus will have the right to review your communications on this website to determine whether you comply with these Terms and Conditions. Cirrus will not have any liability or responsibility for the content of any communications you make on or via this website, or for any errors or violations of any laws or regulations by you. Cirrus will comply with any court order in disclosing the identity of any person making communications on or via this website.

(d) Cirrus may suspend, cancel or terminate your access to the Website if you breach or fail to observe the Terms and Conditions or for any other reason at Cirrus’s absolute discretion.

(e) We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us.

(f)        If we suspend your access to the Website, you may not register again.

8. FALSE OR MISLEADING CONDUCT

 

(a) We may refer fraudulent users to the police and to your internet Website provider.

(b) You may be sued for any losses suffered by any person arising out of any illegal action.

9. LIABILITY AND INDEMNITIES

9.1 Our Liability to You

(a) We are not responsible for any loss, liability or damage incurred by you as a result of the sending or receiving or the failure to send or receive any communications due to any reason whatsoever. 

(b) We provide the Website without any express or implied warranty. 

(c) In no event shall Cirrus be liable for any direct, indirect, special, incidental or consequential losses or damages including, without limitation, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any linked site, damages resulting from use of or reliance on the information or materials presented on this website, whether based on warranty, contract, tort or any other legal theory even if Cirrus has been advised of the possibility of such damages.

(d) We do not guarantee continuous, uninterrupted or secure access to the Website.

(e) You acknowledge that the internet can be an unstable and, sometimes, insecure environment and that the Website may at times not be available.

(f) We do not guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Website. 

(g) We do not guarantee the preservation of any record, particularly after the provision of the Website to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

(h) We are not liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising due to us exercising our discretion as outlined in these terms and conditions.

10. INDEMNITIES

 

(a) You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Website.

(b) You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (“the Indemnified Parties”) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.

(c) You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of the Terms and Conditions by you, or the infringement by you, or other user of the Website using your user name and password, of any intellectual property or other right of any person or entity.

11. PRIVACY

 

(a) Our privacy policy (as it appears from time to time) is available on the Website.

(b) We will take all reasonable steps to abide by this policy and all users of the Website agree to the policy when using this Website. 

(c) If you do not agree to the collection of this information and the other information specified in the privacy policy, then you may not use the Website.

(d) By registering with the Website and accepting these Terms and Conditions, you also consent to:

(i) the collection of a variety of personal information which is specified in greater detail in the privacy policy, including your name, address, contact details, and your use of our Website generally;

(ii) the use of your personal information for certain purposes as specified in greater detail in the privacy policy, including internal use for improving the Website, meeting our obligations under State and Federal laws, statistical analysis of usage of our Website to improve the Website, to utilise our content and product offerings and deliver promotional material to you and administrative purposes connected with the Website.

(e)       We may disclose your information in the circumstances specified in the privacy policy.

12. COMPLAINTS, CONCERNS & SUGGESTIONS

If you have any complaints, concerns or suggestions about this Website please contact Cirrus Media Pty Ltd to address the issue.  We also value your feedback and suggestions, please email  [email protected]

13. GENERAL

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of the other party.

These Terms and Conditions are current as at 21 April 2015.

Cirrus may update these Terms and Conditions at any time with or without notice to you. You are responsible for ensuring that you are aware of and comply with these Terms and Conditions as applicable from time to time.

14. DISCLAIMER

Cirrus assumes no responsibility for accuracy, correctness, timeliness or content of the materials on this website. You should not assume that the materials on this website are continuously updated or otherwise contain current information. The materials provided on this website are provided “as is” and any warranty (express or implied), condition or other terms of any kind, including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or title is hereby negatived to the extent allowable by law.

15.  APPLICABLE LAWS

These Terms and Conditions are governed by the law in force in the state of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning these Terms and Conditions.

 

 

 

 

CIRRUS USER TERMS

  1. Introduction
    • Cirrus provides a networking and educational platform for medical professionals and students. The purpose of this platform is to encourage and facilitate communication within the medical industry to encourage community, collegiality and mentorship.
    • A reference in this document to “Cirrus”, “we”, “us” or any grammatical variation of these words is a reference to Cirrus Media Pty Ltd ACN 132 719 861.
    • A reference to “customer”, “client”, “user”, “you” or any grammatical variation of these words is a reference to the registered user of the Cirrus services who has agreed to these terms in accordance with clause 1.
    • A reference to “agreement”, “terms” or “conditions” is a reference to the rights and obligations contained in this document.
    • A reference to “services” means the provision of a medical networking website, along with any user account, offerings, features or additional services which we may make available to you from time to time.
    • A reference to “website” means the website provided by us pursuant to us providing the services.
    • A “user account” is a personalised account whereby we offer you additional services, including, but not limited to, the ability to upload information to our website, in a manner which identifies you as the originator of the information, the ability to view Third Party information as well as the ability to correspond with other users and receive correspondence from them by means of our services.
    • Your Information includes any information you provide or communicate to us at any time, including when you register to use our website and any material provided by you which is posted or displayed on this website.
    • Third party information means any information available on our website or through our services which was provided by a registered user of the website, such registered user not being us or you.
    • Intellectual Property means all forms of intellectual property and includes but is not limited to:
      • inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, methods or techniques;
      • copyright (including future copyright) throughout the world in all literary works, artistic works, computer Software, and any other works or subject matter in which copyright subsists and may in the future subsist;
      • confidential information and trade secrets;
      • trade and service marks (whether registered or unregistered), business names, trade names, domain names, logos and get-up; and
      • proprietary rights under the Circuit Layouts Act 1989 (Cth).
  1. Agreement
  • By creating a user account you agree to be bound by the obligations, limitations and rights contained in this agreement.
  • We may elect to modify these terms at any time. In the event that we choose to do so we will notify you before or within a reasonable time after the variation takes effect. You may then elect whether to continue using our services or terminate your user account. By continuing to use our services after the variation of these terms you are deemed to have agreed to the terms as varied. In the event that you elect to terminate your account, so long as you do so within 2 business days of being notified of the variation of our terms you will only be bound by the ongoing obligations (as detailed in clause 3) contained in the terms prior to the relevant variation.
  • The content of the pages of this website is for your general information and use only. We reserve the right to amend or update our website without providing notice to you.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with these terms.
  • Unauthorised use of this website, or any materials contained on it, may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. The linked sites are not under the control of Cirrus and Cirrus is not responsible for the content of any linked site or any link contained in a linked site. Cirrus reserves the right to terminate any link at any time. Any links are provided as a convenience to you only and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this website you do so entirely at your own risk. Cirrus disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.
  • The use of this website an/or your user account is subject to our Website Terms, Privacy Policy and Copyright Policy, in addition to this agreement. To the extent that there is any conflict between this agreement and our Website Terms, the terms and conditions of this agreement will take precedence, to the extent of the conflict.
  1. Registration
  • Requirement for Registration

In order to use our services you must first apply to register a user account. Acceptance of your application to register a user account is at the sole discretion of Cirrus.

  • Registration Process

In order to register for a user account you must provide the following information:

  • Your real name;
  • Your email address;
  • A password, to be selected by you;
  • If we deem it necessary on a case by case basis sufficient evidence to establish, to our reasonable satisfaction, that you are either a medical practitioner or a medical student; and
  • Such other information as we may reasonably require of you from time to time.
  • Eligibility to Create User Account

The following criteria must be met in order for us to consider granting you a user account:

  • You must be a medical doctor or medical student. In order to register for a user account you must be able to provide evidence, to our reasonable satisfaction, that you are either a licenced medical practitioner, or a current medical student. Where you are located in a jurisdiction with a publicly available register of medical practitioners then we may elect to verify your registration as a medical practitioner as a prerequisite to granting you a user account. In a jurisdiction where medical practitioners are required to be registered, but there is no publicly available copy of that register we may require you to provide proof of your registration as a medical practitioner prior to granting you a user account.
  • You must have legal capacity to agree to these terms, as defined by the applicable law of this agreement (see clause 12) and any law in force in your country of residence or any country in which you use our services.
  • Your use of our services must not breach the applicable law of this agreement (see clause 12) and any law in force in your country of residence or any country in which you use our services.
  • You must be under no restriction whether legal or otherwise, which prohibits you from agreeing to these terms or using our services.
  • Conditions of Registration

The registration, including the continued registration, of your user account and your use of our services is conditional upon you complying with the terms of this agreement.

  1. Intellectual Property
  • Cirrus Intellectual Property
    • Trade Marks
      • The Cirrus name and logo are trade marks being the property of Cirrus. With the exception of the allowance in the following clause you have no right to use such trade marks and nothing contained on our website or these terms grants any right to use (by implication, waiver, estoppel or otherwise) our trade marks without our prior, express written permission.
      • Notwithstanding the previous clause of these terms, for so long as you have a registered user account we grant to you a licence to use a copy of the Cirrus logo, as shown on our website, for the sole purposes of
        • embedding a hyperlink to your user account in your electronic correspondence, or
        • in any written communications to indicate that you have registered a user account with us and maintain that user account.

Without limiting the effects of termination of this agreement, the licence granted in this clause is automatically revoked and you must immediately cease any use of the Cirrus logo in the event that your user account is suspended or terminated.

  • Other Intellectual Property

All other intellectual property provided by us in relation to the services is the sole property of Cirrus and its licence providers. You have no right to use such intellectual property and nothing contained on our website or these terms grants any right to use (by implication, waiver, estoppel or otherwise) our intellectual property without our prior, express written permission, save as required for the purposes of using our services.

  • Your Information
    • You are solely responsible for Your Information and you warrant that:
      • Your Information:
        • is being legally and validly used;
        • is true, accurate and complete;
        • is not false or misleading;
        • does not infringe any person’s rights (including, but not limited to, intellectual property rights in the information) or privacy;
        • is not defamatory, threatening or harassing;
        • is not obscene or pornographic, having regard to the context in which your information is published or provided;
        • where your information includes or in any way incorporates a third party’s personal information (as defined by the Privacy Act (Cth) 1988 (the Privacy Act)) you will ensure that it is de-identified (as defined by the Privacy Act) prior to you providing it to us or uploading it to our website or your user account; and
        • does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or in any other way act or perform in a manner which might not reasonably be expected by any recipient of your information.
      • The existence or content of your information or your provision of your information to us is not contrary to any applicable law or industry code of practice; and
      • You are either the owner of your information or have been provided a sufficient licence or right by the legal owner of your information to publish, provide to us or otherwise use your information and to grant to us the licence described in clause 2(b)
    • By providing Your Information to us you grant to us an irrevocable, royalty free, world-wide, transferable and sub-licensable licence to reproduce, copy, modify, publish, distribute or in any way otherwise use your information for the purposes of providing our services to you or any other person.

In the event that you remove your information from your user account or our website this licence is revoked, save to the extent that:

  • Your information is contained in any back-ups,
  • Your information has been lawfully copied by any third party using our services;
  • you have given specific consent for your information to be used beyond the date that you remove it from your user account or our website; or
  • a copy of your information is required for our reasonable record keeping purposes, including, but not limited to, any legal requirement that we must retain information for a minimum period of time.
  • Without limiting our rights in the event of a breach of these terms by you, we may, at our sole discretion, remove or delete part or all of your information from our services or website, if we become of the opinion that you or your information in any way breaches the obligations contained in these terms.
  • You acknowledge and agree that other persons may access and/or copy your information from our website, subject to the terms implied on them as users of our services.
  • We may from time to time request your consent to use your information for purposes other than the provision of our services. In such circumstances our licence to use your information will be subject to any terms or conditions agreed between you and us at the time you give your consent.
  • Third Party Information

While the providers of any third party information are subject to these terms, as amended form time to time, we cannot be responsible for ensuring the accuracy or suitability for any purpose of any third party information provided. You agree to indemnify us against and release us from any liability in relation to any loss or damage, howsoever caused, to any person in relation to your reliance on any third party information.

You take sole responsibility for ensuring that any third party information is correct, factual and appropriate for your uses prior to relying on such third party information.

Our licence to use and publish any third party information is solely for the purposes of providing our services. If you wish to use any third party information for any purpose other than using our services you must obtain appropriate permission from the person who provided the third party information.

  1. Your obligations

In using our services you agree to comply with the following obligations

  • You will:
    • Keep your user account access details (including, but not limited to your password) confidential;
    • Comply with any and all laws applicable to your use of the services, including, but not limited to, the laws referred to in clause 12, the laws in force in your country of residence and the laws in force in any country in which you access or use the services;
    • Use your real name in relation to the services;
    • Be honest, professional and courteous in your use of the services and your interactions with other users of the services;
    • Notify us immediately if you become aware of any unauthorised use of your user name or password or of any misuse of your user account;
  • You will not:
    • Wilfully or negligently provide incomplete, false or misleading information;
    • Breach any laws applicable to your use of the services, including, but not limited to, the laws referred to in clause 12, the laws in force in your country of residence and the laws in force in any country in which you access or use the services;
    • Create or seek to register a user account using a false identity, whether that identity is the identity of another person, living or dead, or a fabricated identity;
    • Misrepresent your areas of practice, specialty or previous experience;
    • Misrepresent your identity;
    • Allow any person, not being yourself, to access your user account or to provide information to us on your behalf;
    • Act in a harassing, abusive, obscene, inappropriate, defamatory or otherwise unprofessional manner;
    • Collect and/or use the information provided by other registered users of the services for the purposes of sending spam or other mass marketing information to them;
    • Violate the intellectual property rights of any person;
    • Engage in conduct which breaches any persons privacy or confidentiality;
    • Engage in conduct which is contrary to the requirements of any applicable industry or medical standards, enforceable guidelines or code of practice;
    • Seek to commercialise or monetise any aspect of the services;
    • Circumvent or override any of the security or privacy features of the services; or
    • by the use of any device, software, action or instruction, interfere or attempt to interfere with the proper working of the Website or any activities being conducted on the Website.
  1. Our Rights
  • We may refuse you the right to use the services if you give information which is untrue, inaccurate or incomplete.
  • If we believe that you have engaged in a breach of these terms you may, in the sole discretion of Cirrus, be temporarily or permanently suspended from the services and any associated accounts and Websites.
  • Although not obliged to Cirrus will have the right to review your communications on this website to determine whether you comply with these terms. We will not have any liability or responsibility for the content of any communications you make on or via this website, or for any errors or violations of any laws or regulations by you. We will comply with any court order in disclosing the identity of any person making communications on or via this website.
  • We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us.
  • If we suspend your access to the Website, you agree that you will not seek to gain access to the Website by creating an additional user account. If we terminate your access to the Website you agree that you will not seek to gain access to the Website by creating an additional user account.
  1. Liability, Indemnities and Acknowledgements
  • To the fullest extent permitted by law, and without in any way limiting the application of the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth):
    • You acknowledge and agree that by providing the services we do not purport to provide any medical advice. Any content which might constitute medical advice is provided by registered users of the services and they are solely responsible for any loss or damage caused to any person due to the reliance on the third party information by any person.
    • We are not responsible for and you indemnify us against and release us from all liability in relation to any loss or damage incurred by you or any other person as a result of your use of the services or reliance on any information made available on the or through the services.
    • In no event shall Cirrus be liable for any direct, indirect, special, incidental or consequential losses or damages including, without limitation, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any linked site, damages resulting from use of or reliance on the information or materials presented on this website, whether based on warranty, contract, tort or any other legal theory even if Cirrus has been advised of the possibility of such damages.
  • You further acknowledge that:
    • We provide the services without any express or implied warranty. 
    • We do not guarantee continuous, uninterrupted or secure access to the Website.
    • You acknowledge that the internet can be an unstable and, sometimes, insecure environment and that the Website may at times not be available.
    • You acknowledge and accept that at times our services may be unavailable due to scheduled or unscheduled maintenance
    • We do not guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Website. 
    • We do not guarantee the preservation of any record, particularly after the provision of the Website to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
    • We are not liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising due to us exercising our discretion as outlined in these terms and conditions.

and to the fullest extent permitted by law you release us from any liability for, and indemnify us against, any loss or damage, howsoever caused, to any person in relation to the matters outlined in this clause.

  • You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of these terms by you, or the infringement by you, or other user of the services using your user name and password, of any intellectual property or other right of any person or entity.
  1. Privacy
    • Our Privacy Policy (as it appears from time to time) is available on the website.
    • We will take all reasonable steps to abide by this policy and all users of the services or the website agree to the policy when using the services. 
    • If you do not agree to the collection of this information and the other information specified in the Privacy Policy, then you may be limited in your use of our services.
    • By registering a user account and accepting these terms, you also consent to:
      • the collection of a variety of personal information which is specified in greater detail in the Privacy Policy;
      • the use of your personal information for certain purposes as specified in greater detail in the Privacy Policy, including internal use for improving the services, meeting our legal obligations, statistical analysis of usage of our services to improve the services, to utilise our content and product offerings and deliver promotional material to you and administrative purposes connected with the services.
    • We may disclose your information in the circumstances specified in the Privacy Policy.
  1. Termination
  • Termination By You

You may terminate these terms at any time, without notice to us, by de-registering your user account. Instructions on how to do so may be found on our website.

  • Termination By Us

We may terminate these terms and de-register and remove your user account from our website and services if:

  • We provide you 30 days notice of our intention to do so; or
  • Without notice to you in the event that we become of the reasonable opinion that you have breached the obligations imposed on you by these terms.
  • Effect of Termination

Any provisions of these terms which are so intended, either expressly or through implication, survive termination of these terms, including, but not limited to, clauses 4, 5, 5(b), 5(b)(ii), 5(b)(vii), 5(b)(viii), 5(b)(ix), 5(b)(x), 5(b)(xi), 5(b)(xii), 5(b)(xiii), 6 and 10.

  1. Dispute Resolution
  • Dispute

If any dispute arises out of these terms (Dispute) a party to the terms must not commence any court or arbitration proceedings unless the parties to the Dispute have complied with the following paragraphs of this clause except where a party seeks urgent interlocutory relief.

  • Notice of Dispute

A party to this contract claiming that a Dispute has arisen out of or in relation to this contract must give written notice (Notice) to the other party to this contract specifying the nature of the Dispute.

  • Dispute resolution

If the parties do not agree within 7 days of receipt of the Notice (or such further period as agreed in writing by them) as to:

  • the dispute resolution technique (eg expert determination) and procedures to be adopted;
  • the timetable for all steps in those procedures; and
  • the selection and compensation of the independent person required for such technique,

the parties must mediate the Dispute in accordance with the Mediation Rules of the Law Society of New South Wales, and, the President of the Law Society of New South Wales or the President’s nominee will select the mediator and determine the mediator’s remuneration.

  1. General
  • If any provision of these terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of the other party.
  1. Governing law and submission to jurisdiction
    • These terms will be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia
    • Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State New South Wales, Australia and courts of appeal from them for determining any dispute concerning this Agreement or the transactions contemplated by it.
    • Each party waives any right it has to object to an action being brought in those courts including, but not limited to, claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

 

 

 

 

Cirrus Intellectual Property Right Infringement Policy

 

  1. Introduction

Cirrus respects all person’s intellectual property rights and aims to ensure that the use of its services and website by any person does not infringe such intellectual property rights. In pursuit of this aim Cirrus requires any person who provides information to be displayed on the Cirrus website (User Submitted Information) to agree and warrant that they have full rights to supply such information and that the information does not infringe the intellectual property rights of any person.

In order to facilitate this aim Cirrus has put in place the following complaints process. If you are of the opinion that any User Submitted Information is in breach of your intellectual property rights, please follow the procedure below to allow us to assess your claim.

Please note that, pursuant to legislation in force in Australia, in some circumstances making an unjustified or groundless threat of action or proceedings for the breach of intellectual property rights may give the threatened entity a cause of action against you. If you have any doubts regarding your rights we recommend consulting a legal professional prior to making a complaint.

  1. Complaint Procedure

In the event that you wish to make a complaint that any User Submitted Information infringes on your intellectual property rights please send an email to along with the following information:

  • Your name;
  • The name of the entity whose intellectual property rights you believe to have been infringed (if that is not you);
  • The name of the user of our website who you believe has infringed the intellectual property rights;
  • A description (including a screen-shot where available) of the relevant User Submitted Information;
  • Any evidence which you can provide in support of your allegation, including, where possible, a description of how your rights in the material first arose, and how the relevant user of our website might have come into possession of the material.

Upon receipt of a complaint in compliance with the above requirements we shall take the following actions:

  • Removal of the allegedly infringing User Submitted Information from our website. Please note that this will not include immediate removal from our own back-ups. We are also not able to remove material from any other website which may have taken an image of our website, including, but not limited to, web.archive.org; and
  • Provide a notice to the person who submitted the allegedly infringing User Submitted Information, including the nature of the complaint (without specifically identifying the complainant, unless required to do so by law).

In the event that you receive a notice from us pursuant to clause 2(g) you may respond requesting us to allow the User Submitted Material to be replaced on our website. While the decision to do so will be solely at our discretion, we may require you to do one or both of the following prior to us agreeing to your request:

  • Provide conclusive evidence confirming that you have full rights to use and submit the relevant User Submitted Information. We may elect to provide this information to the complainant, and by providing it to us you agree to us doing so, for their comments on the nature or accuracy of your evidence; and/or
  • Provide a signed Deed of Indemnity, under which you agree to indemnify us against any and all loss or damage suffered by us as a result of us publishing the relevant User Submitted Information on our website.

Note that by requesting you to comply with either or both of the above requirements, or by you so complying, we are not agreeing to allow the relevant User Submitted Information to be republished on our website. The final decision as to whether to allow the republishing of any removed User Submitted Information shall be solely at our discretion.

  1. General

Please note that, despite anything in this policy we reserve the right to suspend or terminate any user’s account in circumstances where we believe that the user has breached the Cirrus User Terms.

The fact that we remove any User Submitted Material from our website is not to be taken as an admission by us that the User Submitted Material in any way infringed the intellectual property rights of any person.

 

 

 

 

 

 

Inappropriate Information Policy

 

  1. Introduction

Cirrus has strict rules regarding the information which may be uploaded or transmitted through this website. These rules are contained in our Registered User Terms and our Website Terms. These rules include, but are not limited to, restricting the uploading or transmission of information which is (collectively “Inappropriate Information”):

  • misleading, inaccurate or deceptive;
  • defamatory;
  • threatening or harassing;
  • obscene or pornographic (having regard to the context in which the information is provided); or
  • in the nature of, or containing, damaging or malicious software or computer code.

Cirrus is committed to removing Inappropriate Information as and when it is brought to Cirrus’ attention.

In order to facilitate this aim Cirrus has put in place the following complaints process. If you are of the opinion that any information contained on this website constitutes Inappropriate Information, or that such information defames you in any way, please follow the procedure below to allow us to assess your claim.

Please note that, pursuant to legislation in force in Australia, in some circumstances making an unjustified or groundless threat of action or proceedings may give the threatened entity a cause of action against you. If you have any doubts regarding your rights we recommend consulting a legal professional prior to making a complaint.

  1. Complaint Procedure

In the event that you wish to make a complaint that any Inappropriate Information is contained on our website please send an email to along with the following information:

  • Your name;
  • The name of the user of our website who you believe has provided the Inappropriate Information;
  • A description (including a screen-shot where available) of the relevant Inappropriate Information;
  • Any evidence which you can provide in support of your allegation, including, where possible, a description of how you have been defamed, or in what ways the Inappropriate Information breaches our rules.

Upon receipt of a complaint in compliance with the above requirements we shall take the following actions:

  • Assessing your complaint and where appropriate removing the alleged Inappropriate Information from our website. Please note that this will not include immediate removal from our own back-ups. We are also not able to remove material from any other website which may have taken an image of our website, including, but not limited to, web.archive.org; and
  • Provide a notice to the person who submitted the alleged Inappropriate Information, including the nature of the complaint (without specifically identifying the complainant, unless required to do so by law).

In the event that you receive a notice from us pursuant to clause 2(f) you may respond requesting us to allow the alleged Inappropriate Information to be replaced on our website. While the decision to do so will be solely at our discretion, we may require you to do one or both of the following prior to us agreeing to your request:

  • Provide conclusive evidence confirming that the alleged Inappropriate Information does not in fact breach our rules. We may elect to provide this information to the complainant, and by providing it to us you agree to us doing so, for their comments on the nature or accuracy of your evidence; and/or
  • Provide a signed Deed of Indemnity, under which you agree to indemnify us against any and all loss or damage suffered by us as a result of us publishing the relevant Inappropriate Information on our website.

Note that by requesting you to comply with either or both of the above requirements, or by you so complying, we are not agreeing to allow the relevant Inappropriate Information to be republished on our website. The final decision as to whether to allow the republishing of any removed Inappropriate Information shall be solely at our discretion.

  1. General

Please note that, despite anything in this policy we reserve the right to suspend or terminate any user’s account in circumstances where we believe that the user has breached the Cirrus User Terms.

The fact that we remove any Inappropriate Information from our website is not to be taken as an admission by us that the Inappropriate Information in any way infringed the rights of any person or any law applicable to the publishing of materials on this website.

 

 

 

 

 

 

 

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