Terms and Conditions

This website is hosted by Estia Health Pty Ltd ACN 160 986 201 (Estia Health) (referred to also as we, us or our). The terms and conditions and any policies referred to on this page, including Estia Health's Privacy Policy, (together referred to as the Terms and Conditions) govern your use of this website (the Website). By using the Website, you agree to be bound by the Terms and Conditions. If you do not agree with the Terms and Conditions, you must stop using the Website.

Estia Health may amend these Terms and Conditions or related policies from time to time. If any amendments are made, they will be effective immediately upon being posted on this page. Estia Health will also post a notification of amendment on the Website. If you continue to use the Website after the Terms and Conditions are amended, you agree to be bound by the amended Terms and Conditions, even where the notification has been made retrospectively.

In these Terms and Conditions, "Webpage Facilities" means any facilities on the Website to which you may contribute or in which you may participate.

Use of Webpage Facilities

Participation in the Webpage Facilities is only open to you if you are 18 years old or over, or if you have the consent of your parent or guardian. If you are under 18 years of age, you must not participate in the Comments Facilities unless you have the consent of your parent or guardian.

Rules of Conduct

The Website includes the ability for you to interact and submit content to the Website. By agreeing to our Terms and Conditions, you also agree to the following rules:

You will not post any unsolicited commercial messages or spam on or using the Website.
You will not collect any Website content or user information using automated means without our written permission.
You will not upload, link or transmit any viruses or other malicious code to the Website.
You will not post any messages that are offensive, threatening, unlawful or discriminatory, or that bully, intimidate, defame or harass any person.
You agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions.
You will not post content or take any action that infringes or violates another person or entity’s rights or otherwise violates the law. You warrant that all material posted is your original work and not sourced from anyone else.
When you submit material to the Website, you assign all copyright which subsists in such material to us.
You will not impersonate anyone else, nor make any false or misleading representations about connections between you, Estia Health and anyone else.
You will ensure that any information you provide on the website is at all times true, correct, accurate and up-to-date.
You will not post any material that contains viruses or other computer codes, files or programs that are designed to limit or destroy the functionality of other computer software or hardware.
You will abide by any moderation rules made available on the Website.

If you see anything that violates the Terms and Conditions while using the Website, please report it to reception@estiahealth.com.au

Estia Health can remove any content, at any time, for any reason. This includes content that Estia Health considers to violate the Rules or any other aspect of the Terms and Conditions. Any violation of these Rules or any other aspects of the Terms and Conditions may result in your access to the Website being temporarily suspended or permanently removed at any time, without notice, and at the absolute discretion of Estia Health.

You must indemnify Estia Health and any related body corporate of Estia Health, and directors and employees of Estia Health, against any claim by anyone else arising out of a breach of these Terms and Conditions by you or anyone else authorised to represent you.

We do not approve or endorse content posted by anyone using the Website’s facilities. We are not responsible for any loss, damage, harm or injury that results from unlawful, offensive, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, discriminatory, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable content posted using the Website’s facilities.

Use of the Website

You are provided with access to the Website for your personal use only. You can print or make a copy of any information on the Website for your personal use alone. Except where expressly permitted by law, you may not interact with or use any content on the Website for any other purpose without our written permission. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.

Estia Health is not responsible for the accuracy or nature of any content provided by any site administrator or anyone else. All content provided by Estia Health is provided in good faith. Content posted on the Website is provided as general information and should not be considered advice.

You rely on the contents of the Website at your own risk. We do not represent or warrant that the information on this site is reliable, accurate or complete, or that your access to the Website will be uninterrupted, timely or secure. We are not responsible for any loss resulting from you or anyone else taking action or relying on any content on the Website, whether provided by Estia Health or anyone else. This includes information on other websites that are linked to the Website. Please seek your own advice from relevant professionals before taking action or relying on any Website content.

If you download anything from the Website, you do so at your own risk. You acknowledge that we are not liable to you for any loss or damage, however it is caused, that arises from you downloading content or subsequently using any downloaded material.

We do not make any warranties or promises that content you submit will be protected against loss, misuse or alteration by third parties, content you submit will be posted on the Website, content will be posted within a certain timeframe, or that we will respond to any questions or comments you submit on the Website. Access the the Website may be terminated at any time by us without notice.

Ownership of content

By submitting, posting or otherwise making available any content on the Website, you:

assign all copyright that subsists in the content to Estia Health,
warrant that you have the ability to assign copyright in the content to Estia Health,
warrant that the content does not breach these Terms and Conditions, and
unconditionally waive all moral rights which you may have in the content.

Content is any information or material that you provide to us by your use of the Website and includes, but is not limited to, comments posted, materials uploaded and responses to polls or surveys by you.

You also acknowledge that content you provide to us will not be treated as confidential or proprietary information, and we may use the content without restriction. Estia Health's treatment of any personal information will be subject to the Estia Health Privacy Policy.

Except where indicated otherwise, copyright in the Website, including all text, graphics, logos, icons, sound recording and software is owned or licensed by Estia Health. Except where you have express consent under these Terms and Conditions, subject to the Copyright Act 1968 (Cth) or any equivalent legislation in your jurisdiction, you must have Estia Health's written permission to:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website, or
make any commercial use of information, products or services obtained from any part of the Website.

If you use any of trade marks of Estia Health to refer to our respective activities, products or services, you must include a statement acknowledging that it is a trade mark owned by Estia Health. You must not use any of trade marks of Estia Health:

as a part or the whole of your own trade marks,
in connection with activities, products or services that are not Estia Health,
in a way that might be confusing, misleading or deceptive, or
in a way that disparages Estia Health's information, activities, products or services.

Linked websites

Any links to external websites provided on the Website are provided for convenience only, and they may not remain current or be maintained. Links to external websites are not endorsements, approvals or recommendations of the linked websites, content on the linked websites or of their owners or operators. We are not responsible for the privacy practices of any linked websites, and do not assume any responsibility for material accessed by links to external website.

Direct marketing and privacy

Estia Health will not send you unsolicited email communications except in accordance with the terms of the Estia Health Privacy Policy and any associated collection statement. By providing your personal information on the Website and providing consent at the time of providing your personal information, you agree to receive email marketing messages in accordance with those policies and collection statements. You will have the option to unsubscribe from emails of this nature at any time.

You agree that in the course of you using the Website Estia Health may collect demographic and statistical information, including any opinion you may express, individually or aggregated with other information. Individual information to be used for the purposes of providing the Website and its facilities, and aggregated information to be used for any lawful purpose, including analysis, research, marketing and sharing with Estia Health's partners. All personal information collected, used or disclosed by Estia Health in the course of using the Website is handled strictly in accordance with Estia Health's Privacy Policy.

Where there is a conflict between Estia Health's Privacy Policy and any other aspect of the Terms and Conditions, the Privacy Policy will prevail.

Security

No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. You acknowledge sole responsibility for and assume all risk arising from your use of the Website.

General

These Terms and Conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Any condition or warranty that would otherwise be implied into these Terms and Conditions is excluded. Where the law prohibits exclusion or modification, the condition or warranty will be included but our liability will be limited to the replacement, supply or repair of goods, the re-supply of services, or to the cost of replacement, supply, repair or re-supply.

If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that we will waive those rights on any other occasion.

If any portions of these Terms and Conditions are found to be invalid, unenforceable or illegal for any reason, those particular portions will be excluded to the minimum extent required by the law and the remaining Terms and Conditions will continue in full force.

Last updated: July 2014