By accessing the Site You agree to accept and be bound by the following Terms:
1.1 You will not (and you must ensure that the Permitted Users do not):
(a) download, make or distribute copies of the Guidelines;
(b) alter, digitize, merge, modify, adapt or translate the Guidelines, or decompile, reverse engineer, disassemble, or otherwise reduce the Guidelines to a human-perceivable form;
(c) sell, transfer, rent, lease, licence or sub-licence the access to the Guidelines;
(d) broadcast, transmit or otherwise display in a public forum or any venue not restricted to you and the Permitted Users, the Guidelines or any part of the Guidelines;
(e) post the Guidelines or part of the Guidelines on any website or mobile ‘App’;
(f) modify the Guidelines or create derivative works based upon the Guidelines;
(g) use the Guidelines for purposes other than the Approved Purpose; or
(h) use the Guidelines to develop any product having the same primary function as the Guidelines.
1.2 You will not use the Guidelines in a manner that;
(a) breaks or circumvents any of the technical, administrative or security measures; or
(b) attempts to exceed or circumvent limitations on volume or otherwise in a manner that exceeds reasonable volumes or volumes notified to you from time to time.
1.3 You will use its reasonable endeavours to ensure that the Guidelines are protected at all times from access, use or misuse, damage or destruction by any person not authorised to use the Guidelines pursuant to this Access Agreement.
2. Collection of information
2.1 RCH will collect and use information in relation to users of the Guidelines and the Site in accordance with its privacy statement as set out on the Site and updated from time to time.
2.2 Without limitation to clause 2.1, you acknowledge that RCH may collect the following information about your access, and the Permitted Users’ access, to and use of the Guidelines pursuant to this Access Agreement for the purposes of monitoring compliance with this Access Agreement, security, statistical analysis and improving the Guidelines and their use:
(a) the log-on credentials used;
(b) the date and time of the access;
(c) the pages accessed and documents downloaded;
(d) the server address;
(e) the previous site visited; and
(f) the type of browser used.
2.3 At your request, RCH will provide details of the log-on credentials of the Permitted Users that accessed the Guidelines, the Guidelines accessed and when accessed, provided that you will be solely responsible for complying with all applicable privacy law and regulations pertaining to the use and disclosure of such information.
3.1 To the maximum extent permitted by law and except as expressly provided in this Access Agreement, RCH has not made any and hereby excludes all warranties, terms, conditions or undertakings, whether express or implied, written or oral, statutory or otherwise including any implied warranty of merchantability or of fitness for a particular purpose outside the Approved Purpose in respect of the Guidelines and the Hardcopy.
3.2 Without limiting the scope of clause 3.1, RCH does not represent or warrant that RCH’s website or the Guidelines are free from defects or computer software viruses. RCH strongly recommend that you and the Permitted Users install appropriate anti-virus software prior to accessing the Guidelines.
3.3 RCH and its officers, employees, contractors and agents will not be liable for any indirect, special, incidental or consequential damages or loss (including damages for loss of business, loss of profits, interruption of service or the like) whether based in contract, tort (including negligence), or product liability, arising out of access to and use of the Guidelines or the Hardcopy.
3.4 Either Party’s liability for any claim relating to this Access Agreement will be reduced to the extent to which the other Party contributed to the damage arising from the claim.
3.5 To the full extent permitted by law, RCH’s maximum cumulative liability to you (including with respect to the Permitted Users) under this Access Agreement, regardless of the basis of the claim or action, including negligence, will in no event exceed the total amount of the fees paid by you to RCH.
3.6 This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, RCH limits its liability in respect of any claim to, at RCH’s discretion:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) The supply of the services again; or
(ii) The payment of the cost of have the services supplied again.
3.7 You indemnify RCH (including the RCH’s officers, employees, agents and contractors) (“those indemnified”) against all claims, costs, liability and expenses (including legal expenses) incurred by those indemnified as a result of any use or reliance on the Guideline by you or the Permitted Users including any claim made against those indemnified by third parties.
3.8 Without limiting the generality of the foregoing, the use of the Guidelines or the Hardcopy is not a substitute for the exercise by you of your professional judgment and the discharge by you of your professional duty to have regard to the clinical requirements of each individual situation and treatment. RCH accepts no liability for any injury or death resulting from your misinterpretation of or default in the application of the Guidelines or the Hardcopy.
This agreement is governed by the laws of the State of Victoria, Australia and each Party submits to the jurisdiction of the courts of that State and of the Commonwealth of Australia.
‘Approved Purpose’ means the purpose of providing guidance for health professionals in Australia in the preparation and effective administration of injectable medications in paediatric patients, and related research, education and training.
‘Permitted User’ means employee, officer, contractor, agent or student authorised by the Subscriber to have access to the Guidelines.