1. Introduction
This website at URL address: www.aoqan.org (Website) is owned and operated by The Australian Society of Otolaryngology Head & Neck Surgery Ltd (ABN 50 002 977 102) (ASOHNS) and/or its agents and third party contractors.
These Terms of Use (Terms) are important and govern your use of the Website. Please read them carefully. By using the Website you agree to be bound by these Terms. ASOHNS reserves the right to change these Terms at any time without notice and by using the Website you agree to be bound by such changes. If you do not agree with the Terms please do not use the Website.
2. Intellectual Property Rights
ASOHNS and/or its agents and third party contractors are the owner of all right, title and interest (including present and future copyright) in the Website.
All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Website (Material) are owned exclusively by ASOHNS, its related bodies corporate or others who have licensed their material to ASOHNS (unless expressly indicated otherwise).
You are granted a non-exclusive, non-assignable and non-transferable licence to use this Website only under these Terms. ASOHNS, its agents and third party contractors may, in their sole discretion and without prior notice to you, terminate your licence to access the Website and the materials contained therein if you breach these Terms.
Nothing in these Terms or the Website will be construed as granting to you ownership of the Material or any proprietary right to the copyright, trade marks, patents or other intellectual property rights of ASOHNS, its related bodies corporate or any third party.
By submitting any content to any public or non-public area of this Website, you automatically grant ASOHNS the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. You also warrant that to the extent the content relates to the personal information or sensitive information of another person, you have obtained their consent to the collection and use of this information for the purposes set out in the AOQAN Registry privacy policy (Privacy Policy).
3. Accuracy
Every effort is made to provide information that is accurate. However, we give no assurance or warranty that information on this site 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 on this site.
4. Privacy Policy
The Privacy Policy is incorporated into and forms part of these Terms.
5. No medical advice
The information posted here should not be considered medical advice and is not intended to replace consultation with a qualified medical professional. We do not answer specific medical questions.
6. No warranties
This web site 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 NON-INFRINGEMENT 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 members or visitors to the site rely on any such information or advice. This publication is not intended to be a contract, explicit or implied, and ASOHNS, its agents and third party contractors reserve the right to make changes in the information contained.
7. Third party content
We are distributors (not publishers) of the content supplied by users 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 users 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, nor do they vouch for its accuracy or usefulness. Furthermore, we expressly disclaim any liability associated with material posted by third parties.
8. Disclaimer of liability
The user assumes all responsibility and risk for the use of this Website, the AOQAN Registry and the Internet generally. Under no circumstances, including negligence, shall ASOHNS or anyone else involved in creating or maintaining this Website or the AOQAN Registry be liable for any direct, indirect, incidental, special or consequential damages, or lost profits that result from the use or inability to use the Website and/or any other websites which are linked to this Website. ASOHNS and its agents and third party contractors accept no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Website. Nor shall ASOHNS and/or its agents and third party contractors be liable for any such damages including, but not limited to, reliance by a user on any information obtained via the Website; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any 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.
9. Online conduct
Users 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 offense, 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 the forum area will list the author’s name – no anonymous postings are permitted.
If you post content on the Website, ASOHNS and its agents and third party contractors reserve the right (but assume no obligation) to remove or amend any such content. ASOHNS and its agents and third party contractors reserve the right not to accept unsolicited content or other material.
10. Disclaimer of endorsement
Reference to any person, 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 ASOHNS, nor is an endorsement of ASOHNS implied by such links. Any external links on the Website are for convenience only, as an index in a public library.
11. Information subject to change
Any information on this Website may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.
12. Applicable law
The Website is controlled by ASOHNS from its offices in New South Wales, Australia. ASOHNS makes no representation that the Material or the Website is appropriate or available for use in other locations. Those who choose to access the Website from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.
These terms will be governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Doc ID 557420753/v1, May 6, 2018