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Terms and Conditions for the use of FMF Software

Terms & Condition and Disclaimer for participation in The Royal Australian & New Zealand College of Obstetricians & Gynaecologists Nucal Translucency Ultrasound Program and license to use the associated website and software ("The program")

  1. Disclaimer
    Please read carefully and completely the terms of the agreement which follows. By participating in the Program and accessing the Website you agree to be bound by these terms. If you do not wish to be bound to these terms, you must not access the site.  

    The College does not represent or warrant that the content of the website is accurate, authentic or complete or that the information contained in the website is suitable for your needs. You should assess whether the information is accurate, authentic or complete and, where appropriate, seek independent professional advice. 

    The College is not bound by any information supplied or transmitted for the Program, or the website. The College accepts no liability or responsibility  to any person as a consequence of any reliance upon the information contained in the Program or the Website. 

    Users must separately confirm or seek confirmation  of any College requirement, condition, consent or approval in relation to their own particular circumstances.
  2. Legal Disclaimers
    1. Accuracy
      Every effort is made to provide information that is accurate.  However, materials contained in the Program and the Website are subject to change at any time by appropriate action of the College. 

      We give no assurance or warranty that information is current, and take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information.
    2. Copyright
      Copyright in the Website rests with the College unless otherwise stated
    3. No Medical Legal or Financial Advice
      medical, legal or financial questions.  from the College in relation to your particular circumstances.  We do not answer specific intended to replace consultation with a qualified professional or specific written confirmation Information supplied should not be considered medical, financial or other advice and is not.
    4. No Warranties
      The Program and the Website is provided on an “as is”, “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of  TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE  or NONINFRINGEMENT or any warranty arising from a course of dealing, usage, or trade practice.  No oral advice or written information provided shall create a warranty; nor shall users rely on any such information or advice. 

      The Program is not intended to be a contract, explicit or implied, and the College reserves the right to make changes to the information contained.
    5. Disclaimer of Liability
      The user assumes all responsibility and risk for the use of the Program and the Website and the Internet generally.  We accept no liability or  responsibility to any person as a consequence of any reliance upon the information contained.  Under no circumstances, including negligence, shall anyone involved in creating or maintaining the Program and the Website be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use the Website and/or any other websites which are linked to this site.  

      Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorized access.   States or Countries which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.
    6. Online Conduct
      Visitors agree to use the Website only for lawful purposes and are prohibited from posting on the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.  

      Although in the absence of a specific complaint the postings are monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in any forum area will list the author’s name and institution - no anonymous postings will be permitted. 
       
    7. Third Party Content
      We are distributors (not publishers) of the content supplied by visitors and other third parties.  Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers  or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, we expressly disclaim any liability associated with material posted by third parties. 
       
    8. Disclaimer of Endorsement
      Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us.  Nor is endorsement of us implied by such links. They are for convenience only, as an index in a public library.
    9. Information Subject to Change
      Any information may include technical inaccuracies or typographical errors.  Furthermore, the information may change from time to time without any notice.
  3. Security Feature 
    You agree to observe and maintain the confidentiality of all security features relating to use of the Website (including passwords, access arrangements etc) as notified. The College will not be liable for any unauthorised breach or disclosure of the security features.
  4. You agree to indemnify the College (its employees and agents) for any loss suffered or liability incurred by the College (its employees and agents) arising from any unlawful, unauthorised or improper access or use of the Program or the Website or any breach of these terms by you or your employees, contractors or representative.
  5. Access
    The College does not guarantee constant availability of Website access and accept no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by ISP or system provider). 
     
  6. Links to Other Sites
    The Site may contain links to other sites on the internet (“Linked Sites”).  The College is not responsible for the accuracy, legality, decency of  material or copyright compliance of any Linked Site or services or information provided via any Linked Site.
     
  7. Security of Information
    No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. 
     
  8. Governing Law
    These terms and conditions will be constructed according to and are governed by the laws of Victoria, Australia. 
     
  9. Definitions
    1. "Software" means the software used in connection with the Program.
       
    2. The College hereby grants to you personally a non-exclusive licence to use the Software provided that such use is in accordance with these terms 
       
    3. Your right to use the Software is limited as follows:
      • the Software may only be used in the manner described in these terms and on the Website;
      • except as permitted, you may not make or permit any other person to make a copy of the Software or any part thereof and you shall take all reasonable precautions to prevent any other person from being able to make a copy of the Software;
      • you may not use any part of the Software on behalf of another person or permit any other unlicensed persons to use the Software;
      • except as permitted you may not assign or transfer the licence granted herein to any other person or allow another person to use your Software license;
      • you may not make or permit to be made any alterations to the Software without the prior written approval of the College; and
      • you may not use any copies of the Software made for back-up purposes at the same time as another copy of the Software licensed herein or any part thereof is being used.
    4. To the full extent permitted by the State and Federal laws applicable to this agreement, any conditions and warranties imposed by such legislation under or pursuant to any State or Commonwealth legislation may not be excluded, such liability is limited to:
      • replacement of the Software;
      • refunding the audit / software support / licence fee; or
      • correcting any defect in the Software;

      • at the option of the College.
    5. You acknowledge that no promise, representation, warranty or undertaking has been made or given by the College or any person or  company on its behalf in relation to the profitability of or any other consequences of or benefits to be obtained from the use of the Software and that you have relied on its skill and judgement in deciding to acquire the Software for its use.
    6. Under no circumstances shall the College be liable for any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use by you or anyone of the Software or any failure by the College to perform any obligations or observe any terms of this Agreement.
       
    7. The College shall be entitled to terminate this agreement forthwith at any time after a breach of any term of this agreement by you, or in any event, upon 24 hours prior written notice.
       
    8. The College may modify the Software on-line and any of these terms and conditions at any time and in the College's sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice to you of a modification to these terms and conditions.  Modifications may include, but are not limited to, changes in the fees.  If any modification is unacceptable to you, your recourse is to terminate your participation in the Program. Your continued use of the Software following our posting of a change notice or new terms on our site will constitute binding acceptance of the change.
  10. Indemnification
    You hereby agree to indemnify, defend, and hold harmless the College, its subsidiaries, parent company, and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners,  against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all  of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on 
    1. your use of the Software, or
    2. any misrepresentation of a representation or warranty or breach of this Agreement by you.

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25/09/2018