1.3 By accessing or using the website you expressly consent to us automatically collecting information about your geographical location, including by analyzing your IP address or the location of your mobile phone, in order that we can tailor our provision of the Website based on your geographical location.
1.4 We may change these Terms at any time without notice to you. As you will be bound by any amendment to these Terms, you should review these Terms from time to time. By continuing to use the Website after any amendment to these Terms, you will be deemed to have accepted the amended Terms.
1.5 The content on this Website is made available for informational purposes only, and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of a qualified medical professional with any question you may have regarding any medical conditions or potential treatments. While efforts have been made to ensure that the content provided on this Website is accurate, you should not rely on it without professional medical advice, including in deciding whether a service or treatment referred to on this Website is suitable for you.
2. Intellectual Property Rights
2.1 All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, displayed on, relating to or arising out of, the Website are owned by and vest in NCC (or its licensors). You acknowledge and agree that the Terms do not transfer any right, title or interest in NCC’s (or its licensors’) intellectual property rights to you, nor may you use NCC’s trade marks without our prior written permission.
3. Linked Sites
3.1 We may provide links to third parties' websites on the Website or may divert your devices to third party websites from time to time ("Linked Sites"). Unless otherwise noted on a Linked Site, Linked Sites are not reviewed, controlled or examined by us in any way. The provision of links to Linked Sites does not mean that NCC or its directors, officers, employees or agents endorse or recommend, or have any association with, the Linked Sites or the relevant third party goods and websites.
3.2 You acknowledge and agree that we are not responsible for the content, availability, advertising, products, websites or other materials of any Linked Sites, or any additional links contained on Linked Sites, or the conduct of any person associated with a Linked Site.
3.3 Linked Sites may be subject to their own terms and conditions of use and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Site.
4. Unacceptable Usage
4.1 You must only see the Website in a reasonable manner, consistent with these terms as well as ordinary community standards of behavior and decency. Under no circumstances may the Website be used for any illegal purpose, or in a manner likely to cause offence to a reasonable person. You must not used any automated process or means (e.g. a spider, crawler, scraper or robot) to use, access or collect data from the Website.
5. Availability, accuracy and security
5.1 While we will take reasonable steps to ensure the availability and security of the Website, you accept that the Website is provided by us on an "as is" basis. We do not warrant that the Website will be continuously available and we will not be liable if the Website is unavailable at any time or for any reason. We may at any time immediately suspend or withdraw access without notice and without giving reasons.
5.2 We do not represent that the Website (or any software underpinning the Website) will be error, defect, "bug" or "virus" free, and you should take prudent steps to ensure your own online security and safety.
5.3 You acknowledge that the internet is an inherently insecure communication medium, and you use the Website at your own risk. You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Website.
6.1 We will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Website, including any viruses or other malicious software that may affect you while using the Website or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications made using the Website.
6.2 Other than any warranties, conditions, rights or guarantees implied by relevant legislation, including the Australian Consumer Law, the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void ("Non-excludable Rights"), you agree that we exclude all implied or express representations, terms, conditions or warranties that would otherwise apply to your use of the Website.
6.3 Our liability for breach of any Non-excludable Rights in relation to the supply of services which are not of a kind ordinarily required for personal, domestic or household use or consumption is limited, at our option, to supplying the services again or paying the cost of having the services supplied again. In all other cases, our liability for breach of any Non-excludable Rights is limited to the maximum extent permitted by law.
6.4 Except for liability in relation to breach of any Non-excludable Rights, our maximum aggregate liability to you in contract, tort (including negligence), statute or otherwise, is limited to $1,000.
6.5 To the maximum extent permitted by law, under no circumstances will we be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
6.6 You indemnify us and our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, your use of the Website or information or content available by means of the Website, or the use of the Website by anyone using your device.
7.1 If any provision in these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable and, to the extent that it cannot be so read down, will be severed from these Terms.
7.3 Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.
7.4 These Terms are governed exclusively by the laws in force in New South Wales, Australia and this applies notwithstanding any use of the Website from outside of Australia. The parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia.