This Website, accessible at www.medimatchpartners.com, as well as and LinkedIn site linked to this web site (collectively “Website”) are owned and operated by Medimatch Partners Pty Ltd (ACN 137 226 852) (“Medimatch”, “we” or “us”). By using this Website, or downloading materials from this Website, you agree to the terms and conditions in this Terms of Use document.

General Information

Unless expressly agreed otherwise, the Website is provided and may be used for information purposes by Australian residents only. The information, opinions and other materials appearing on the Website are of a general nature only and must not be construed as advice. We accept no responsibility for the accuracy or completeness of the information, opinions or other materials provided on or accessible through the Website. The Website has not been prepared with reference to your individual legal or personal circumstances. You should not rely on any advice in this Website without first seeking appropriate professional, legal or financial advice.

Where we make third party material available or accessible through the Website you acknowledge that we are a distributor and not a publisher of that content and that our editorial control is limited.

Restriction on Use of Media Website

As a condition of your use of our website or any web applications contained on this Website, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with the terms and conditions contained on this Website.

Specifically, You Agree Not to:

Use this Website to defame, abuse, harass, stalk, threaten or otherwise offend others.

Disseminate (by email or otherwise) any material which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious.

• Use any address harvesting software or automated scripting tool software.
• Engage in chain letters, unsolicited emailing or spamming via our tools.
• Impersonate any person or entity.
• Use (upload, post, email or transmit) our web applications and Website materials in ways that you do not have a right to under any applicable law or contract; or
• Interrupt or attempt to interrupt the operation of this Website in any way.

No materials from this Website or any Website owned, operated, licensed or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the written permission of Medimatch. You may download material displayed on this Website for your personal use only, if you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including the text, images, audio, and video without written approval from the director of Medimatch.

Limitation of Liability

General no part of these Terms of Use excludes, restricts or modifies any condition or warranty implied into these Terms of Use or any liability imposed on Medimatch by any applicable law (including the Australian Consumer Law contained in the Competition and Consumer Act 2010 if to do so would contravene such law or make any part of these Terms of Use void.

Exclusion and Limitation

To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from these Terms of Use. If any statute implies terms into these Terms of Use which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of Medimatch for the breach of any such term will be limited to the minimum remedy provided for in such terms and conditions.

Liability of Medimatch (whether that liability arises under contract, tort (including negligence) or statute) is limited to the amount paid by you, if any, for accessing this Website. In no circumstances will Medimatch, its subsidiaries, affiliates, or any party involved in creating, producing, or delivering this Website be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if Medimatch or a Medimatch authorised representative has been expressly advised of the possibility of such damage. Medimatch excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if Medimatch or an authorised representative of Medimatch has been expressly advised of the possibility of such damage.

Indemnity

You agree to indemnify, defend and hold harmless Medimatch, its officers, employees and directors from any claim, loss, liability, demand or expenses (including legal costs on an indemnity basis) asserted by any third party due to or arising from or in connection with your use of the content of the Website, or your conduct on this Website, or messages posted or transmitted by you on or through the Website. Medimatch reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Damage and Viruses

Medimatch will not be liable for any damage to, or viruses that may infect, your computer equipment or other property because of access to, use of, or browsing this Website or your downloading of any data, text, images, video, or audio material from this Website.

Errors Medimatch does not warrant that the functions contained in the Website materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Medimatch does not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. Medimatch does not warrant the reliability of any advice, opinion, statement or other information displayed on this Website. The information and descriptions contained on this Website are not intended to be complete descriptions of all terms, exclusions and conditions applicable to Medimatch’s products and services, but are provided solely for general informational purposes. Medimatch reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Medimatch neither warrants nor represents that your use of materials displayed on this Website will not infringe any rights of third parties not owned by or affiliated with Medimatch.

Third Party Websites

This Website may be linked to other Websites that are not maintained by Medimatch. Medimatch is not responsible for the content of those Websites. If you use these Websites, you will be directed to leave this Website. If you do decide to visit any linked website, you do so at your own risk and understand that it is your responsibility to take all protective measures against viruses or other destructive elements. The inclusion of any link to such Websites does not imply approval or endorsement by Medimatch of such Websites or the content thereof. Medimatch makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which this Website is linked.

Trademarks and Copyrights

The trademark ‘Medimatch’ and all associated trademarks, trade names, logos, and icons are the legal property of Medimatch, unless otherwise noted. Nothing contained on this Website should be construed as granting, whether by implication, estoppel, or otherwise, any licence or right to use any trademark displayed on this Website without the written permission of Medimatch or such third party that may own the trademarks displayed on this Website. Your use of the trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited. Images displayed on this Website are either the property of, or used with permission by, Medimatch. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted herein. Any unauthorised use of the images may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Privacy and Mediamatch’s Use of Information

When you provide us with information (including personal information) we retain and use this information in accordance with our Privacy Policy.

Browsing the Website

Our web server and online business tools also collect information about:

• The number of visitors to the Website.
• The date, time and duration of visits.
• How visitors have navigated through the Website.
• The applications visitors used on the Website; and
• Whether visitors have transmitted our information on to third parties.

This data is obtained when people browse the Website or use any of Medimatch’s online business tools or web applications. It does not however include details that would identify any individual visitors to our website. Medimatch always reserves the right to lawfully monitor, record and disclose any personal information to satisfy applicable laws and regulations.

Login Details

In becoming a registered user, you agree to provide your contact details, work rights, medical details and work information. You are responsible for creating and maintaining the confidentiality of your password and username. You are entirely responsible for all activities that occur under your username. You may change your password at any time by following the instructions detailed on the Website. You may also change your login by contacting us directly.

You agree to,

immediately notify Medimatch of any unauthorised use of your account/username or any other breach of security known to you; authorise Medimatch to retain this information until such time as you either unsubscribe or are removed by Medimatch. We will use your contact details (including your email address) to provide you with information including but not limited to job vacancies, Medimatch services and general correspondence in connection with our services. Medimatch reserves the right to either reject or remove any registered user at any time.

Resumes

Resumes and job applications are provided by persons looking for employment and recruitment services. While we conduct checks to verify the contents of the resume or job application, we accept no responsibility or liability for the contents of resumes or job applications and expect potential employers to carry out their own verification procedures as are customary and prudent in the circumstances. Whilst we take great efforts to ensure that potential employees are available for work, we do not guarantee the availability or continued availability of that potential employee.

The author of the resume is responsible for ensuing that the content of the resume is up-to-date, accurate and not misleading in any way. You otherwise agree that it is a condition of use of the Site and any other services provided by Medimatch that you will not, through any act or omission, mislead or deceive others.

Changes to these terms of use

These Terms of Use may be revised to reflect changes in our practices, products and services. We reserve the right to make amendments to these Terms of Use at any time. When we make changes, we will revise the “Updated” date at the bottom of these Terms of Use. If you have any objections to our Terms of Use, you should not access or use our website or other products and services provided by us.

Victoria

Medimatch and these Terms of Use are governed by the laws of the State of Victoria, Australia and you irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court sitting in Victoria. Termination of these Terms of Use will not end those provisions that can survive the end of the Terms of Use.

Entire Agreement

These terms of use constitute the entire agreement between Medimatch and you with respect to your use of this Website. Part or all any provision in these terms of use that is illegal or unenforceable, will be severed from these terms of use and the remaining provisions will continue in force and effect and be enforced to the maximum extent permissible to affect the original intent of these terms of use.

Interpretation

Relationship: these Terms of Use do not create a relationship of employment, agency or partnership between the parties. Invalid Terms and Conditions: if a Court of competent jurisdiction determines that any or any part of the terms contained in these Terms of Use are invalid, unlawful or unenforceable, then such terms shall be severed from the remaining terms to the extent of their invalidity, unlawfulness or unenforceability.

Later Terms of Business

should you engage Medimatch to provide you with its services and are subsequently provided with our Terms of Business or Terms and Conditions, those subsequent Terms of Business or Terms and Conditions shall apply and prevail to the extent of any inconsistency with these Terms of Use.