Terms and Conditions (Agreement)
Dr Brendan CroninQueensland Eye Institute
140 Melbourne Street South Brisbane Qld 4101
Effective Date: 10th March 2019
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.drbrendancronin.com.au (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
DEFINITIONS
“us”, “we”, and “our” refer to Dr Brendan Cronin, the owner of this Website.
“Visitor” is someone who merely browses our Website.
“User” is a collective identifier that refers to any visitor, electronic, person or otherwise who visits the site.
“Product” refers to any products we sell or give away.
“Content” refers to all text, information, graphics, design, and data offered through our Website or Services, whether produced by our Users or by us.
“User Content” distinguishes content posted by our Users.
TABLE OF CONTENTS
- Acceptance of Agreement
- Privacy Notice
- Arbitration
- Choice of Law
- Limited License
- Legal Compliance
- Our Relationship to You
- Our Intellectual Property
- Errors, Corrections, and Changes
- Disclaimer
- Warranty Disclaimer
- Limitation of Liability
- User Conduct
- Use of Information
- Unlawful Activity
- Linking to Our Website
- Links to Other Websites
- Indemnification
- Severability and Survival
- Changes to Our Terms and Conditions
ACCEPTANCE OF AGREEMENT
This Agreement is between you and Dr Brendan Cronin.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Dr Brendan Cronin and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
PRIVACY NOTICE
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.drbrendancronin.com.au Privacy Notice, do not use this Website or our Services.
ARBITRATION
Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including any question regarding its existence, validity, or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Brisbane, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
CHOICE OF LAW
This Agreement will be governed by and construed in accordance with the laws of Queensland Australia, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
LIMITED LICENSE
Dr Brendan Cronin grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Dr Brendan Cronin.
OUR INTELLECTUAL PROPERTY
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Dr Brendan Cronin.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
ERRORS, CORRECTIONS, AND CHANGES
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
Dr Brendan Cronin reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
DISCLAIMER
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, Dr Brendan Cronin has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Dr Brendan Cronin. Dr Brendan Cronin does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Dr Brendan Cronin or our Users. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
WARRANTY DISCLAIMER
Dr Brendan Cronin is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Users of our Website, or by Dr Brendan Cronin. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Dr Brendan Cronin is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Dr Brendan Cronin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of User communications.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED.
LIMITATION OF LIABILITY
IN NO EVENT WILL DR BRENDAN CRONIN OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES...
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DR BRENDAN CRONIN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER... WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH.
USER CONDUCT
As a User, you agree not to use our Services to do any of the following:
- Upload, post, or otherwise transmit any User Content that violates laws, infringes on proprietary rights, or is otherwise objectionable.
- Contains software viruses or unauthorized advertising.
- Use our Content to develop a competing website or create derivative works.
- Decompile, disassemble, or reverse engineer our Website or Services.
USE OF INFORMATION
You grant Dr Brendan Cronin a license to use the information and materials you post to our Website. By posting content, you grant Dr Brendan Cronin a non-exclusive, royalty-free license to use, distribute, copy, and edit such User Content in connection with the operation of the business.
UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including reporting suspected unlawful activity to law enforcement.
LINKING TO OUR WEBSITE
You may provide links to our Website provided that you do not obscure any portion of our Website, your site does not engage in illegal activities, and you cease linking upon our request.
LINKS TO OTHER WEBSITES
Our Website may contain links to third-party websites. Inclusion of these links does not mean that we endorse or warrant the information on those sites. You access third-party websites at your own risk.
INDEMNIFICATION
You agree to indemnify, defend, and hold us free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement.
SEVERABILITY AND SURVIVAL
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
CHANGES TO OUR TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions at any time. We will provide advance notice by email or by posting on our website. These changes will become effective 30 days after notice.