[cu]health Website Terms of Use (Last Updated: 27 August 2021)

Your use of our websites (cuhealth.com.au and hcp.cuhealth.com.au) is subject to these terms. [cu]health means [cu]health Pty Ltd and related bodies corporate. 

  1. Terms 

It is important that you take the time to read these terms carefully. 

These terms and our Privacy Policy form a legally binding agreement between you and [cu]health in relation to your use of our websites. 

Your agreement with [cu]health includes the terms as published on our website, and any terms of additional notices we send to you or post on our website. 

  1. To use our websites, you must first agree to the terms. 


  1. You are not allowed to use our website if you do not accept the terms or if you are not of legal age or capacity to form a binding contract with [cu]health. 


  1. You can accept the terms by:


  1. clicking to ‘accept’ or ‘agree’ to the Terms, where this option is made available to you by [cu]health in the user interface on the website through a web browser or mobile app; or 


  1. by using the website. In this case, you agree that [cu]health will treat your use of the website as acceptance of the Terms from that point onwards.


  1. If you use or purchase the services provided by [cu]health (as a result of, or through your use of the websites), your use of these services will be subject to separate terms between you and [cu]health under a separate agreement. 


  1. Updates to the Terms


  1. [cu]health may make changes to the terms from time to time.


  1. When these changes are made, [cu]health will make a new copy of the terms available on the website. [cu]health shall not be required to notify you of any changes to the terms, and you agree to be bound by the terms as applicable from time to time. 


  1. You agree that [cu]health may provide you with notices, including those regarding changes to these terms, by email, regular mail, or by updating the terms on the website. 


  1. You understand and agree that if you use the website after the date on which the terms have changed, [cu]health will treat your use as acceptance of the updated terms. 


  1. Information 


  1. You agree that the websites are provided “as is” and “as available”. 


  1. You acknowledge that the website contains information which is designated confidential by [cu]health and that you shall not copy, reuse, or disclose such information without prior written consent.  You agree to wholly indemnify [cu]health for any loss or damage suffered by [cu]health by reason of any breach by you of this clause. 


  1. You agree that any information you give to [cu]health will always be accurate, correct and up to date. 

  2. Any material downloaded or otherwise obtained using the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system, or other decide ore loss of data that results from the download of such material. 


  1. You agree to not reproduce, copy, sell or trade any content that is on the websites. You must keep all aspects of the website, including the source code, completely confidential and not provide any such information to any other party. You will indemnify and hold harmless [cu]health for any loss it suffers if you breach this obligation. 


  1. No advice or information, whether oral or written, obtained by you from [cu]health or from our services shall create any warranty not expressly stated in the terms.  


  1. [cu]health will not be liable to you for any representation made or advice given on the website. 


  1. [cu]health will collect personal information about you if you choose to submit an enquiry regarding our services. You consent to the collection, use, storage, and disclosure of that information as described in our Privacy Policy. 


  1. [cu]health will not be liable to you in any respect if you have not provided accurate information. 


  1. Other Content


  1. The Services may include hyperlinks to other websites, content or resources. CUI Health may have no control over any websites or resources which are provided by companies or persons other than [cu]health. 


  1. You acknowledge and agree that [cu]health is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources and is not liable for any loss or damage which may be incurred by you in accessing those websites or resources. 


  1. Representations 


  1. [cu]health does not represent or warrant that:


  1. your use of the websites will meet your requirements,


  1. the advice you receive will be accurate or fit-for-purpose,


  1. the information or content that you access using the websites is accurate, reliable, or that any particular result or effect will be achieved, and 


  1. your use of the website will be uninterrupted, timely, secure, or free from error or viruses. 


  1. Rights


  1. [cu]health owns or has licenses over the right to use “[cu]health” and all logos, images, content, infographics, and videos used on the website. You acknowledge that you do not have ownership of the aforementioned intellectual property comprised on the website. Unless you have agreed otherwise in writing with [cu]health, nothing in the terms gives you a right to use any of [cu]health’s trade names, trademarks, logos, domain names, and other distinctive brand features (whether owned or licensed by [cu]health). 


  1. Limitations on Liability 


  1. You expressly understand and agree that [cu]health will not be liable to you for:


  1. any loss or damage which may be incurred by you including but not limited to the loss or damage because of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the website. 


  1. Any direct or indirect damages incurred by you however caused.


  1. Any changes which [cu]health may make to the website, or for any permanent or temporary cessation in the provision of the website (or any features within the website)


  1. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through you use of the website 


  1. Termination 


  1. The terms will continue to apply until terminated by either you or [cu]health as set out below. 


  1. If you want to terminate your legal agreement with [cu]health you may do so by:


  1. notifying [cu]health at any time using the contact us page on the website; and


  1. closing your accounts for all the services which you use, where [cu]health has made this option available to you.


  1. [cu]health may at anytime terminate its legal agreement with you if:


  1. you have breached any provisions of these terms (or if you have acted in a manner which clearly shows that you do not intend to ,or are unable to comply with the provisions of this agreement), or


  1. [cu]health is required to do so by law,


  1. for any other reason [cu]health in its reasonable discretion thinks fit.


  1. Termination of this agreement will result in an automatic revocation of any licence provided to you. 


  1. General 


  1. You acknowledge and warrant that you have had reasonable opportunity to obtain legal advice in relation to the terms and enter this agreement with an understanding of the legal and practical effects of the terms.


  1. No agency or partnership shall be construed to have bene created by virtue of this agreement. 


  1. These terms constitute the whole legal agreement between you and [cu]health and govern your use of the website, and completely replace any prior agreements and/or representations between you and [cu]health in relation to the website. 

  2. You agree that if [cu]health does not exercise or enforce any legal right or remedy which is contained in the terms, this will not be taken to be a waiver of [cu]health’s rights and that those rights or remedies will still be available to [cu]health. 


  1. You acknowledge and agree that entity to which [cu]health is directly related (through whole or part ownership or control) shall be third party beneficiaries to the terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of their terms which confers a benefit on them. Other than this, no other person or company shall be third party beneficiaries to the terms.


  1. The terms, and your relationship with [cu]health under the terms, shall be governed by the laws of the State of New South Wales. You and [cu]health agree to submit to the non-exclusive jurisdiction of the course located within the State of New South Wales. 


  1. If any court rules that any provisions of these terms are invalid, then that provision will be read down or removed from the terms without affecting the rest of the terms. The remaining provision so the terms will continue to be valid and enforceable.