Terms & Conditions
By using or accessing YourHealthRecord, you expressly agree to be bound by the
agreement listed below and all other terms or provisions referenced herein or
elsewhere on the YourHealthRecord.com site. Your continued use of the
YourHealthRecord.com website constitutes an affirmative acknowledgement and
agreement by you that you accept and agree to abide and by bound by these
conditions and any modifications.
WWW Machealth Pty Ltd reserves the right to change these terms and conditions
at any time, effective immediately upon posting on the YourHealthRecord.com website
or by direct correspondence. You should review these terms and conditions
regularly to check for any changes that may affect you. If, at any time, our
terms and conditions are unacceptable to you, your only recourse is to
immediately stop using this service.
You expressly agree and understand that in no circumstances will WWW Machealth
Pty Ltd or its directors or employees be liable to you for any direct,
indirect, incidental, special and/or consequential losses or damages or loss of
profits of whatever nature howsoever arising which result from the use of any
WWW Machealth Pty Ltd services.
The material on WWW Machealth Pty Ltd’s websites (including YourHealthRecord.com) is
intended as general information only, not advice to be acted upon independently
of professional advice. Users should seek professional advice tailored to their
specific circumstances before making any decisions.
Neither WWW Machealth Pty Ltd, nor its employees or directors nor
YourHealthRecord.com make any representation or warranty that any material presented
is reliable, accurate or complete. No responsibility is accepted arising any
way from any errors or omissions in the material presented.
WWW Machealth Pty Ltd will not be liable for any loss resulting from any action
or decision by you relying on the information presented on any of its websites
(including YourHealthRecord.com).
WWW Machealth Pty Ltd will not be liable for any loss of data or situations
arising out of loss of data, whether accidental or otherwise.
WWW Machealth Pty Ltd excludes all implied conditions and warranties from these
terms, except any condition or warranty which cannot by law be excluded.
WWW Machealth Pty Ltd limits its liability for breach of any non-excludable
condition (to the extent that such a breach can by law be limited) and for any
other error or omission posted upon this site whether in content or advertising
caused by WWW Machealth Pty Ltd or the advertising services affected by the
breach, or payment of the cost of re-supply.
WWW Machealth Pty Ltd excludes all other liability to users or customers for
any costs, expenses, losses or damages suffered or incurred in connection with
these terms and conditions or the user of this service whether liability arises
in contract, tort (including by WWW Machealth Pty Ltd's negligence) or under
statute. Without limitation, WWW Machealth Pty Ltd will under no circumstances
be liable for any indirect or consequential losses, including loss of profits,
loss of revenue, and loss of business opportunity.
Customers and users indemnify WWW Machealth Pty Ltd and its officers,
employees, contractors, and agents against any costs, expenses, losses, damages
and liability suffered or incurred arising from customers and users breach of
these terms and conditions and any negligent or unlawful act or omission of
customers and users in connection with their use of this service.
WWW Machealth Pty Ltd is not liable for any loss, damages or liabilities
arising from the failure of any telecommunications infrastructure, the world
wide web, or the internet.
You may not use this service for any critical application where human life or
safety is at stake or where environmental damage or severe property damage is
possible (such as a hospital, nuclear facility or air traffic control
system). This service is not designed for such use.
You are responsible for protecting your password and Secret ID. You are
responsible for logging off from your account at the end of a session. You
agree to indemnify WWW Machealth Pty Ltd of any unauthorized use of your
account.
To the extent permitted by law and except as expressly provided to the contrary
in this Agreement, all warranties whether express, implied, statutory or
otherwise, relating in any way to the subject matter of this Agreement or to
this Agreement generally, are excluded.
Where legislation implies in this Agreement any condition or warranty and that
legislation avoids or prohibits provisions in a contract excluding or modifying
the application of or the exercise of or liability under such term, such term
shall be deemed to be included in this Agreement. However, the liability of
Supplier for any breach of such term shall be limited, at the option of
Supplier, to any one or more of the following:
(i) if the breach related to goods: the replacement of the goods or the supply
of equivalent goods; the repair of such goods; the payment of the cost of
replacing the goods or of acquiring equivalent goods; or the payment of the
cost of having the goods repaired; and
(ii) if the breach relates to services the supplying of the services again; or
the payment of the cost of having the services supplied again.
To the extent permitted by law and except as expressly provided to the contrary
in this Agreement, Supplier shall not be under any liability (contractual,
tortious or otherwise) to Customer in respect of any loss or damage (including,
without limitation, consequential loss or damage) howsoever caused, which may
be suffered or incurred or which may arise directly or indirectly in respect to
the supply of goods or services pursuant to this Agreement or the act, failure
or omission of Supplier.