Terms of Use

1. Introduction

Thank you for visiting the website of the Victor Chang Heart Health Check (“the Institute”, “we”, “us” or “our”). The following terms and conditions, together with our Privacy Policy and any other terms and conditions that appear in, or are linked to, the Institute website (“Additional Terms and Conditions”) (collectively the “Terms of Use”), apply to all of our websites and social media channels, including the content, features and services available from this website (collectively, the “Site”).

Please read these Terms of Use carefully before you use the Site and do not use the Site if you do not agree with these Terms of Use. By accessing or using the Site, you agree to these Terms of Use, including, but not limited to, the Privacy Policy and any Additional Terms and Conditions, as amended from time to time. These Terms of Use may change from time to time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check periodically for updates.

The Additional Terms and Conditions that appear on the Institute website will govern your use of, and access to, certain sections of the Site where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Site.

2. Definitions

The following terms are used in these Terms of Use:

Additional Terms and Conditions – any other terms and conditions that feature on the Site in any location that govern that particular part of the Site.

Content – All of the content featured or displayed on the Site, including without limitation all text, photographs, illustrations, videos, artwork and other graphic or other materials, and names, logos and trademarks.

Site – All websites of the Institute, including social media channels, the content, features, and services available from any website.

3. Website content and access

While the Institute endeavours to take reasonable care in preparing and maintaining the information on this Site we do not warrant the accuracy, reliability, adequacy, or completeness of any of the Content on the Site. You acknowledge and accept that the Site may include technical inaccuracies and typographical errors. The Content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it. It is your responsibility to enquire with us directly regarding the accuracy and currency of material or information you seek to rely upon.

4. Restrictions on Use; Permission Requests

Except as expressly permitted under copyright law or these Terms of Use, you may not reproduce, distribute, modify, create derivative works from, publicly display, publish, download, frame or incorporate into another website, store or transmit any Content without the express permission of the Institute and all other copyright owners. Content may not be sold or used for any commercial purpose under any circumstances without the express permission of the Institute and all other relevant copyright owners. You may request the Institute’s permission for the use of Content not expressly permitted under copyright law or these Terms of Use by sending your request to the applicable email address listed below; and including a link to the specific Content you are inquiring about and the terms of use you are seeking for such Content. The Institute and all other relevant copyright owners may grant or refuse permission in their absolute discretion.

Permission requests for Content (including photos, videos and illustrations) displayed on the Site should be sent to media@victorchang.edu.au. You must keep intact all copyright notices and provide appropriate attribution to the original author or, if another party is designated in the copyright notice, such party.

5. Prohibited Uses of the Site

You agree not to:

(a) use the Site in any way that violates any applicable law or regulation;

(b) engage in any conduct that disables, overburdens, damages, impairs, restricts or interferes with the Site or anyone’s use or enjoyment of the Site, or which may harm the Institute or users of the Site or expose them to liability;

(c) introduce viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Site;

(d) use the Site to stalk, harass or harm another individual, impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

(e) collect or store personal data about other users or visitors to the Site;

(f) place unauthorised pop-up windows on the Site, or otherwise affect the display of pages of the Site; or

(g) use any automatic device, process or means to access the Site for any purpose that violates these Terms of Use.

6. Intellectual property

All of the content featured or displayed on the Site, including without limitation all text, photographs, illustrations, artwork, videos and other graphic or other materials, and names, logos and trademarks (“Content”), and the selection, coordination and arrangement of such Content, is owned by the Institute (including its licensors and other providers of such material) and is protected by copyright, trademark, patent and other intellectual property or proprietary rights laws. All rights not expressly granted herein are reserved by the Institute.

Any Content may be downloaded and displayed solely for your personal, non-commercial use, provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of the Institute and all other copyright owners, except as permitted by these Terms of Use.

7. Submissions and Privacy

If you provide personal information to us, all uses of your personal information will be treated according to the Privacy Policy of the Institute. By using the Site, you accept the terms of the Privacy Policy. If you object to having your personal information used as described in our Privacy Policy, your sole recourse is to discontinue using the Site.

Any material, other than your personal information, that you send to us on or via the Site will be deemed to be public, non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use such material for any purpose without compensation to you.

8. Third-party websites

The Site may contain links to other websites operated, controlled or produced by third parties. These links are provided for your convenience only and do not indicate any endorsement by the Institute. Unless otherwise indicated, the Institute does not control, endorse, sponsor or approve any such third-party websites or their content and you agree that the Institute does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or for any loss or damage that may arise from your use of them.

9. Links to the Site and Social Media Features

You may link to the Site so long as the link does not suggest any association, approval or endorsement on the Institute’s part and does not otherwise violate the rights or policies of any third party.

The Site includes features that allow you to share certain Content via social media platforms such as Facebook, Twitter and LinkedIn, and to email links to certain Content to others. You may use these features in connection with the Site only as they are provided by the Institute and in accordance with these Terms of Use. If you use these features, you may be sharing certain profile elements. This sharing is subject to each social media platform’s policies.

10. No Warranties

Your use of the Site and the Content is at your own risk. To the extent permitted by law, the Site and the Content is provided on an ‘as is’ and ‘as available’ basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Neither the Institute nor any person associated with the Institute makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Content or the Site. Without limiting the foregoing, neither the Institute nor anyone associated with the Institute represents or warrants that the Site or the Content will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components or that the Site or the Content will otherwise meet your needs or expectations.

The Content on the Site and information on the Institute’s social media channels are provided for information and educational purposes. Your use of this Site or engagements with our social media channels does not imply nor establish any type of doctor/patient relationship. No diagnosis or treatment is being provided by the use of this Site or our social media channels. Your use of this Site or communication with our social channels does not constitute or offer any specific medical or surgical advice whatsoever to anyone and is not intended for that use. The Institute takes no responsibility regarding any misinterpretation of Content or any consequences resulting from the use of this Site. The Institute takes no responsibility for any websites or media channels that may be linked or shared from us, nor imply any relationships or endorsements to any linked website or media channel.

11. Limitation of liability

To the maximum extent permitted by law, in no event will the Institute, its employees, agents, officers or trustees be liable for any loss or damage of any kind (including special, direct, indirect, incidental or consequential or punitive loss or damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of personal and business profits) however caused (including negligence) arising out of or in connection with the Content and the use or performance of the Site.

Where the law implies a warranty into these Terms of Use which may not lawfully be excluded the Institute’s liability for breach of such a warranty shall be limited at its option, to any one or more of the following:

(a) in the case of goods, to any one it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Institute, its employees and agents from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from your use of the Site or the Content, or any violation by you of these Terms of Use. The Institute reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Institute.

13. Termination

We reserve the right to terminate your use of any or all of the Site at any time with or without prior notice. You agree that we shall not be liable to you or any third party for termination of your access to the Site. We also reserve the right to withdraw or amend the Site without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

14. Miscellaneous

These Terms of Use including the Privacy Policy constitute the entire agreement between you and the Institute with respect to the Site and the Content. Any failure of the Institute to assert a right or provision shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

15. Jurisdiction

These Terms of Use are governed by and construed in accordance with the law of the State of New South Wales, Australia. In the event that a dispute arises from these Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

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These Terms of Use were last updated on 2 August 2022.

Please refer to our Terms and Conditions of Purchase for information regarding purchase orders and merchandise orders, and our Privacy Policy regarding information that is collected.