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Terms and Conditions

Terms and conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our SURGISKILLS’s use of cookies in accordance with the terms of SURGISKILLS’s privacy policy / cookies policy.

License to use website

Unless otherwise stated, SURGISKILLS and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SURGISKILLS’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without SURGISKILLS’s express written consent.

You must not use this website to sumbit or embed content of any kind that you do not have the rights to assign permanently to SURGISKILLS.

Restricted access

Access to certain areas of this website is restricted. SURGISKILLS reserves the right to restrict access to other areas of this website, or indeed this entire website, at SURGISKILLS’s discretion.

If SURGISKILLS provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

SURGISKILLS may disable your user ID and password in SURGISKILLS’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to SURGISKILLS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to SURGISKILLS the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SURGISKILLS or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

SURGISKILLS reserves the right to edit or remove any material submitted to this website, or stored on SURGISKILLS’s servers, or hosted or published upon this website.

Notwithstanding SURGISKILLS’s rights under these terms and conditions in relation to user content, SURGISKILLS does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  SURGISKILLS makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, SURGISKILLS does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

SURGISKILLS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if SURGISKILLS has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SURGISKILLS’s liability in respect of any:

  • death or personal injury caused by SURGISKILLS’s negligence;
  • fraud or fraudulent misrepresentation on the part of SURGISKILLS; or
  • matter which it would be illegal or unlawful for SURGISKILLS to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, SURGISKILLS has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against SURGISKILLS’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SURGISKILLS’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SURGISKILLS.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify SURGISKILLS and undertake to keep SURGISKILLS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SURGISKILLS to a third party in settlement of a claim or dispute on the advice of SURGISKILLS’s legal advisers) incurred or suffered by SURGISKILLS arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to SURGISKILLS’s other rights under these terms and conditions, if you breach these terms and conditions in any way, SURGISKILLS may take such action as SURGISKILLS deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

SURGISKILLS may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

SURGISKILLS may transfer, sub-contract or otherwise deal with SURGISKILLS’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the privacy policy constitute the entire agreement between you and SURGISKILLS in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Melbourne, Australia – and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Melbourne, Australia.

Disclaimer

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  SURGISKILLS makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, SURGISKILLS does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

SURGISKILLS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if SURGISKILLS has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SURGISKILLS’s liability in respect of any:

  • death or personal injury caused by SURGISKILLS’s negligence;
  • fraud or fraudulent misrepresentation on the part of SURGISKILLS; or
  • matter which it would be illegal or unlawful for SURGISKILLS to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, SURGISKILLS has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against SURGISKILLS’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SURGISKILLS’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SURGISKILLS.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Copyright

Copyright © 2016 SurgiSkills

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by SURGISKILLS and its licensors.

Copyright license

SURGISKILLS grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own personal and non-commercial use.

SURGISKILLS does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without SURGISKILLS’s prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to:

SurgiSkills
C/o. Melbourne Hernia Clinic
26 Balaclava Road
East St Kilda Victoria 3083

Enforcement of copyright

SURGISKILLS takes the protection of its copyright very seriously.

If SURGISKILLS discovers that you have used its copyright materials in contravention of the license above, SURGISKILLS may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

If you become aware of any use of SURGISKILLS’s copyright materials that contravenes or may contravene the license above, please report this by writing to:

SurgiSkills
C/o. Melbourne Hernia Clinic
26 Balaclava Road
East St Kilda Victoria 3083

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by writing to:

SurgiSkills
C/o. Melbourne Hernia Clinic
26 Balaclava Road
East St Kilda Victoria 3083

I agree to these Terms and Conditions

About SurgiSkills

Do you want access to surgical skills videos on any device at any time? Do you need to upskill in order to advance your career? Are you in need of the skills required to pass your medical school exams?

SurgiSkills: Surgical Skills training on demand.

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