Terms and Conditions
When you access our Internet website you agree to these terms and conditions.
Disclaimer, legal notices and acceptable use policy
Access to and use of this website is provided by My Delta Care (ABN 90 007 122 456) (“My Delta Care”, “we”, “us” and “our”) on the following conditions and any other directions or rules of use on this website (“Terms”). If you access this website (other than to read these Terms for the first time), you agree to these Terms.
We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the website after changes are posted, you are taken to have accepted all changes.
1. Disclaimers, liability limitation and indemnity
1.1 General disclaimers
Use of this website is at your risk.
None of My Delta Care, its affiliates, related Bodies Corporate (as defined by the Corporation Act 2001), or any of their respective employees, agents, third-party content providers, or licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this website, its use, its content or any products or services (including our products or services) referred to on this website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- Your reliance on the completeness, accuracy, suitability or currency of the website or its content.
- Failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing any websites or servers maintained by other organisations through links on this website. Links are provided for the convenience of our website users only, without responsibility for the content or operation of those websites. Unless otherwise stated, we do not endorse linked websites and their products and services. You link to any such website at your own risk.
- Defamatory, threatening, offensive or unlawful conduct of third parties.
1.2 No advice given
The resources provided on this website are not a substitute for the advice of your personal physician or other qualified healthcare professional. The mention of specific products or services on this website does not constitute or imply a recommendation or endorsement by My Delta Care unless it is specifically stated.
1.3 Warranty disclaimer
My Delta Care provides the information on this website.
1.4 Limitation of our liability (if any) to you
Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:
You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us (“Our Loss”) as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this website.
Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties’ intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this website.
1.6 Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
This website may provide links to other websites that are not owned or controlled by My Delta Care. We are not responsible for the information or privacy practices of other websites. Please consult the privacy statement of each website you visit. Links to other websites do not constitute or imply endorsement by My Delta Care of those websites, the information they contain, or any products or services they describe.
1.8 Information on this website
The materials on this website are provided “as is” and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. My Delta Care disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
My Delta Care makes no claim or representation as to the accuracy of the content contained on this website. My Delta Care does not accept liability to any person for the information or advice provided on this website including or incorporated into it by reference. My Delta Care does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this website, or any other information incorporated by reference.
All information on this website is provided by My Delta Care on the basis that all persons accessing this website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.
1.9 Access, correction, and data integrity
Although we attempt to ensure the integrity and accurateness of the website, we make no guarantees as to its correctness or accuracy. It is possible that the website could include typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
1.10 Revisions, changes, and updates
We may revise our policies and the information on this website or change or update the website without notice. My Delta Care may also make improvements and/or changes in products and/or services described in this information or add new features at any time without notice. We encourage you to periodically reread these Terms and Conditions to see if there have been any changes to our policies that may affect you.
1.11 Click-stream data and cookies
A “cookie” is a small text file placed on your computer by a web server when you access a website. Cookies are frequently used on websites. Cookies in themselves do not identify the individual user, just the computer used.
My Delta Care uses this information for various purposes including:
You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the content and facilities of this website.
2. Copyright and intellectual property notices
2.1 Copyright and trademark notices
We own the Intellectual Property rights in and to all information, text, material, graphics and advertisements on this website.
No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
Our product names and images on this website may be trademarks or registered trademarks of ours, our affiliates, or third parties (including advertisers, sponsors, and customers). The use or misuse of these trademarks, except as expressly authorised, is prohibited.
The use by us of a third-party trademark on this website is not intended to indicate any association with, or endorsement by My Delta Care , of that trademark.
2.2 We own or control, and reserve, all rights
Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages and online images (including text, graphics, logos, button icons, video images, audio clips and software) comprising the website are owned or controlled, and are reserved, by us. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on this website or expressly authorised in writing by us.
3. User conduct
3.1 Lawful and authorised use only
You must use this website only for lawful purposes and for the purposes explicitly outlined and authorised in this website (including in these Terms).
You are authorised to:
You must not, without our prior written permission, exploit any of our website materials for commercial purposes.
Otherwise you are not authorised, without our prior written permission and the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from, these web pages for any other purpose.
This prohibition does not extend to materials on this website which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
3.2 Personal Use
My Delta Care authorises you to print, copy, reproduce and download materials on this website, subject to the material being used exclusively for personal use, and the material not being modified in any manner.
Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part of this website may be reproduced without the written permission of My Delta Care.
If you download material (including software) from this website, the software, including any files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by My Delta Care. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.
3.3 Commercial Use
Printing, copying, downloading, reproduction or distribution of material from this website for commercial use is expressly prohibited without My Delta Care prior written consent.
Hyperlinking and in particular but without limitation deep linking is expressly prohibited without My Delta Care prior written consent, such consent is at the sole discretion of My Delta Care.
3.4 General prohibitions
You must not use this website, or any tools offered through this website, in a manner which; or up-load, post, transmit or otherwise make available through this website any material which:
3.5 Co-operation with authorities
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
3.6 Disclaimer about others' materials
You acknowledge that any third party materials appearing on this website are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
By using this website you agree to these terms and conditions of use.
4. Applicable law
4.1 Victoria State Law Applies
These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.
We retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any appropriate country or jurisdiction.
4.2 Unenforceable Terms
If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.
4.3 Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this website is lawful, does not infringe any third party’s rights, and does not breach any standards, content requirements, or codes promulgated by any relevant authority.
4.4 No offers where illegality arises
Nothing on this website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.