Terms & Conditions of Use

INTRODUCTION

The purpose of these Terms and Conditions (“T&Cs”) is to provide the User with important information regarding the User’s legal rights, service limitations and exclusions, and the User’s obligations to comply with applicable laws and regulations.

The domain https://www.gphq.com.au is an internet Website for registered Medical Practitioners and Healthcare Professionals in Australia. Its purpose is to assist General Practitioners with their day to day work and allow them to interact with each other on a private forum. General Practitioners can communicate with each other privately about both clinical and non-clinical issues. It also has information relating to specialist doctors and events in Western Australia. There are also educational resources and a Classifieds section.

Www.gphq.com.au is a service made available by GPHQ Pty Ltd. The following T&Cs are an agreement between the User and GPHQ Pty Ltd, the operator of the Website www.gphq.com.au. GPHQ Pty Ltd may also be referred in these T&Cs as “we” or “us”. The User agrees to be bound by the following T&Cs when accessing or using this Website. The content, information and software provided on and through www.gphq.com.au must be solely used by the User under the following T&Cs. GPHQ Pty Ltd reserves the right to modify content on www.gphq.com.au and the following T&Cs without notice to the User. An announcement will be made on www.gphq.com.au informing Users when there is an update to the following T&Cs. Each of the provisions of the following T&Cs is separate and severable and enforceable accordingly.

By accessing or using www.gphq.com.au the User agrees to comply with, and be legally bound by, these Terms & Conditions. Please also read carefully the GPHQ Privacy Policy and the Discussion Forum Guidelines.

1.DEFINITIONS

For the purpose of these Terms and Conditions;

“Agreement” means these Terms and Conditions;

“Content” means the content on www.gphq.com.au;

“GPHQ” means www.gphq.com.au;

“GPHQ Pty Ltd” means GPHQ Pty Ltd and its executors, administrators, successors and permitted assigns;

Medical Practitioner” means any person who is validly registered with, and regulated by, the Australian Health Practitioner Regulation Agency at the time of accessing or using the Website;

“User” means any person who is accessing or using the Website. A User includes a User who is registered with www.gphq.com.au and has access to registered User areas within the Website; and

“Website” means www.gphq.com.au.

2.ACCEPTING TERMS & CONDITIONS

When a User registers with the Website they will have to agree to the following T&Cs before his or her registration is complete. The User cannot use our Website if he or she does not accept these T&Cs. To register as a User of the Website the User must be:

  • Over 18 years of age; and
  • A Medical Practitioner, or a person currently employed by a Medical Practitioner accessing or using the Website for the sole purpose of assisting that Medical Practitioner to access or use the Website, or any other third party or service-provider currently and explicitly approved by GPHQ to access or use the Website.

These Terms and Conditions apply at all times to all Users engaged in any manner on the Website.

The User accepts these Terms and Conditions in acknowledgement that they are legally binding and presently enforceable.

3.LIMITATIONS ON USE

Access and use of the Website is exclusive and for the User’s personal use only. The User may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. Nor may the User use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or Users. The User may not use any robot, spider, other automatic means to access the Website for any purpose without prior written permission from GPHQ Pty Ltd.  The User may not attempt to access the Website through password mining. The User may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above. The user may not take screenshots of material or content on https://www.gphq.com.au and share this with others who are not registered GP users with https://www.gphq.com.au. The user may not discuss other users comments without their permission.

Any use of this Website or its Content (including but not limited to the discussion forums on GPHQ) that has not been explicitly authorised by GPHQ Pty Ltd as specified in these Terms and Conditions (including but not limited to clause 15 “Interactive Areas on the Website”) and the Discussion Forum Guidelines is strictly prohibited.

4.INFORMATION ON GPHQ.COM.AU

The User’s use of this Website is entirely at the User’s own risk. All information provided on the Website is for informational purposes only. GPHQ Pty Ltd cannot fully guarantee the accuracy of the content and it by no means constitutes fully accurate medical, legal or financial advice. We have put measures in place, including vetting, to keep this a private Website but we cannot guarantee that all information submitted to the Website is fully confidential.  It is important that Users keep this in mind when seeking information from colleagues on the Website relating to patient care, particularly in the discussion forum. The directory listings are to assist with referral and are by no means an endorsement of the individual medical practitioner. If a User selects a medical or healthcare professional through the Website, the User does so at the User’s own risk. It is GPHQ’s aim that the directory is up to date and comprehensive. This Website does not engage in popularity ranking of medical practitioners and is not a referral service. This Website provides information that can assist with the referral process. Any Specialist, as defined by Section 3 of the Health Insurance Act 1973 (Cth), can be listed in the GPHQ directory as long as they are currently registered with the Australian Health Practitioner Regulation Agency. In some cases, the Content may include the views or recommendations of third parties, which do not necessarily reflect GPHQ Pty Ltd’s views. A General Practitioner with a Special Interest can request to be included in the directory. This part of the directory is for GPs who feel they have a level of expertise in a particular area or service that is greater than the majority of their General Practioner colleagues and will be willing to accept referrals from other GPsThe User acknowledges that it is their sole responsibility to carry out their own enquiries and seek their own advice before relying on any information posted on the GPHQ website. GPHQ in no way warrants that the information posted on the website is correct and will not, in any circumstances, be liable for any consequences from or loss whatsoever that allegedly flow from relying on the information posted on the GPHQ website.

5.LINKING TO THIS WEBSITE

The User may provide links to this Website but this is provided that the User does not alter any aspect of the Website and remove the link if GPHQ Pty Ltd requests the User to do so. Third party content may appear on this Website or may be accessible via links from this Website. GPHQ Pty Ltd shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. The User understands that the information and opinions in the third party content is neither endorsed by, nor does it reflect, the beliefs or opinions of GPHQ Pty Ltd.

6.CONTENT ON GPHQ.COM.AU

All of the Content available on or through the Website services and/or the Website is owned by GPHQ Pty Ltd and GPHQ’s contributors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. Users can use the Content for personal, non-commercial purposes only. The User may, at times, upload Content for use on the Website. By uploading Content to or submitting any materials for use on this Website, the User agrees to, and hereby grants and represents and warrants that the User has the right to grant, GPHQ, its contractors, and the Users of the Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display and distribute such posted Content and to prepare derivative works of, or incorporate into other works, such posted Content. This license is non-exclusive, except the User agrees that GPHQ Pty Ltd shall have the exclusive right to enjoy this license to the extent of combining the User’s posted Content with the posted Content of other GPHQ Users for purposes of constructing or populating a searchable database. The User agrees that the User shall have no recourse against GPHQ Pty Ltd for any alleged or actual infringement or misappropriation of any proprietary right in the User’s communications to GPHQ. The User will not post material that is irrelevant and could result in an excessive load on the Website server.

GPHQ Pty Ltd reserves the right to charge for access to or use of, any part or whole of, the Website and any Content or service available on, through or in connection with the Website.

7.COPYRIGHT

Copyright of all content contained on this Website, including but not limited to text, drawings, photographs, trademarks, logos and page layout is protected by the Copyright Act 1968 (Cth), international copyright laws and the Trade Marks Act 1995 (Cth) and, unless stated otherwise, is owned by GPHQ Pty Ltd or used by GPHQ Pty Ltd under license.

8.NO SOLICITATION

The User’s access to this Website does not allow the User to distribute material containing advertising, solicitation for goods, money or services or for other Users to join other organisations without GPHQ Pty Ltd’s written permission. As a GPHQ User, particularly in the interactive discussion forum, the User may recommend other websites that may be of relevance to other Users, as long as the User does not have a financial interest, or receive any benefit from, recommending the other website. The same applies to referral advice to other health professionals.

9.REGISTRATION

GPHQ is a private Website that requires registration by all Users. When the User becomes a registered User of this Website he or she is allowed access to Website content as long as the User adheres to the terms of use. It is fully exclusive access and the User may not transfer it to other parties. The access of a User can be withdrawn by GPHQ Pty Ltd at any stage. The User agrees to provide GPHQ with complete and accurate personally identifiable information and keep this information updated. The registration of each User is for a single individual only, unless specifically designated otherwise by GPHQ Pty Ltd. GPHQ Pty Ltd does not allow anyone other than the User to use the sections requiring registration by using the User’s name or password. The User is responsible for preventing unauthorised use. If the User believes there has been unauthorised use, the User must notify GPHQ Pty Ltd immediately by contacting us at admin@gphq.com.au. The User is prohibited from selling, trading or otherwise transferring the User’s Website account to another party. GPHQ Pty Ltd cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this obligation. The GPHQ Privacy Policy covers how we use Users’ personal information.

10.TERMINATION

GPHQ Pty Ltd reserves its right, at its sole discretion, to cancel, suspend, remove, or prohibit by any other means, for any reason whatsoever, a User’s registration with the Website without notice to the User. If a User’s registration with the Website is cancelled, suspended, removed, or prohibited by any other means, for any reason whatsoever, GPHQ Pty Ltd may elect to terminate this Agreement immediately by the giving of written notice.

If GPHQ Pty Ltd otherwise wishes to terminate this Agreement, for any reason whatsoever, it can do so by providing the User with 7 days written notice.

A User can terminate his or her account by contacting admin@gphq.com.au

11.DISCLAIMER

All content, services, products and software provided by this Website are provided on an “as is, as available” basis without warranty of any kind, either express or implied. GPHQ Pty Ltd expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. GPHQ Pty Ltd disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:

  • any errors in or omissions from this Website and the Content;
  • any third party websites or content directly or indirectly accessed through links in this Website, including but not limited to all errors or omissions; and
  • the User’s use of this Website; the unavailability of this Website or any part of it.

12.LIMITATION OF LIABILITY

GPHQ Pty Ltd shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from the User’s or a third party’s use of this Website and the interactive areas of this Website or any facts or opinions appearing on or through the Website (including, but not limited to, the interactive area of the Website). GPHQ Pty Ltd shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever (including and without limitation legal fees) in any way due to or resulting from or arising in connection with the use of or inability to use this Website or the Content. While GPHQ Pty Ltd takes all reasonable care to include accurate and up-to-date information on the Website, the information provided should not be relied upon as being error-free or accurate and GPHQ Pty Ltd makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the Website, nor does it accept any responsibility arising in any way for errors or omissions. GPHQ Pty Ltd aims to correct any errors in a timely manner with minimal interruption to the Website. Any error that a User identifies can be forwarded to admin@gphq.com.au.


GPHQ Pty Ltd shall not be liable to the User or any third party, in contract, tort, warranty, strict liability, or any other legal theory for any indirect, consequential, incidental, punitive or exemplary damages, or for any claim for loss of profits. The User expressly acknowledges that, to the maximum extent permitted by law, the entire risk arising out of their access to and use of the Website remains with the User. GPHQ Pty Ltd is not liable for any loss or damage whatsoever suffered by a User or any other third party.

13. ADVICE

No advice or information, whether oral or written, obtained from GPHQ Pty Ltd, its Directors, Officers and Employees, or through the Website, will create any warranty not otherwise expressly made. GPHQ Pty Ltd will not be liable, in any circumstances, for any consequences that allegedly flow from the User acting in reliance upon any advice or information obtained from GPHQ Pty Ltd, its Directors, Officers and Employees or through the Website.

14.INDEMNIFICATION

To the maximum extent permitted by law, the User agrees to defend, indemnify and hold harmless GPHQ Pty Ltd, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Terms and Conditions by the User. GPHQ Pty Ltd reserves the right to assume control of the defence of any third party claim that is subject to indemnification by the User, in which event the User will cooperate with GPHQ Pty Ltd in asserting any available defences

The User agrees to indemnify, defend (at GPHQ Pty Ltd’s request), and hold GPHQ Pty Ltd, its affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any User or third party due to or arising out of:

  • The User’s use of the discussion boards and secure areas or any part thereof;
  • The violation of these terms and conditions or any provision therein by the User;
  • The publication of any Content; and
  • The viewing of any Content by any third party.

The User expressly acknowledges that, to the maximum extent permitted by law, the entire risk arising out of their access to and use of GPHQ website remains with the User. GPHQ will not be liable for any loss or damage whatsoever suffered by a User or any Third Party.

15. INTERACTIVE AREAS ON THE WEBSITE

Postings on interactive areas need to be lawful. The User shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (‘Postings’) which is unlawful, false, deceptive, misleading or abusive in any way, including but not limited to any postings that are defamatory, offensive, pornographic, obscene, harassing, threatening, invasive of privacy or publicity rights, inclusive of hate speech (for example, messages that promote racism, bigotry, hatred or physical harm), or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any state, federal or international law, or involve the transmission of unsolicited mass mailing of “spamming”, infringe intellectual property rights. Any testimonials must be true and be able to be substantiated by the User that posted it. Postings can be under an anonymous Username. GPHQ seeks to allow interactive discussion but will moderate the forum at times if necessary, particularly if there is has been in a breach in the terms of use of the Website.

The user may not take screenshots of material or content on https://www.gphq.com.au and share this with others who are not registered GP users with https://www.gphq.com.au. The user may not discuss other users comments without their permission.

If any User contravenes any part of this clause 15 “Interactive Areas on the Website”, GPHQ Pty Ltd reserves its right to cancel, suspend, remove, or prohibit by any other means, the User’s registration with the Website, as stipulated by clause 10 above in these Terms and Conditions.

GPHQ will not be liable for any consequences or loss whatsoever, allegedly flowing from the removal or decision not to remove a post on the website.

Posting guidelines on the discussion forum must be adhered too. These are available as a sticky post on the discussion forum and at the following link discussion forum posting guidelines .

16. CHANGES TO TERMS AND CONDITIONS

GPHQ Pty Ltd reserves the right to modify or terminate any services offered through, or parts of, this Website from time to time, for any reason, without notice, and without liability to the User, to any GPHQ Pty Ltd clients or to any other third party. It is the User’s responsibility to backup any data they submit to the Website and GPHQ Pty Ltd is not liable for any loss in data that has been submitted. GPHQ Pty Ltd reserves the right to change the content, presentation, performance, User facilities and availability of any part of this Website including these Terms and Conditions. Notification of updates to the Terms and Conditions will be announced and posted on the Website homepage. It is the User’s responsibility to review these announcements. GPHQ Pty Ltd will make reasonable attempts to inform the User of these changes.

None of the clauses in these Terms and Conditions shall be waived, discharged, or released, unless written notification is given to the Users by GPHQ Pty Ltd in accordance with this clause 16 “Changes to Terms and Conditions”.

17. ELECTRONIC NOTICES

By using and/or registering for this Website, the User also agrees that GPHQ Pty Ltd may send to the User in electronic form any privacy or other notices, disclosures, communications or other records regarding the Website. GPHQ Pty Ltd can send electronic notices to the e-mail address that the User provided to GPHQ Pty Ltd during registration and these will be deemed as received by the User twenty-four (24) hours after such email is sent or notice is posted. The User can unsubscribe from electronic notices at any time by emailing admin@gphq.com.au.

18. UNLAWFUL ACTIVITY

GPHQ Pty Ltd reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action it deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. GPHQ Pty Ltd reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular internet address to this Website.

19. ADVERTISERS

This Website may contain advertising and sponsorship from companies who are responsible for the material they submit. GPHQ Pty Ltd is not responsible for errors or illegalities of these materials. The User may, from time-to-time, receive information from GPHQ Pty Ltd’s partners and/or carefully selected third parties. The User can opt out of this informational service at any stage and still remain a registered member of the Website.

20. DISPUTES

The law of the state of Western Australia exclusively governs these Terms and Conditions and any claim or dispute that the User may have with GPHQ Pty Ltd. The User agrees that any dispute or claim that arises in respect of these Terms and Conditions or GPHQ Pty Ltd will be resolved by a court located in Western Australia.

Resolution of Disputes

  • The parties agree not to commence proceedings in relation to any dispute arising in regard to the Agreement without first having regard to the procedure set out in this clause 20.
  • Should any dispute or difference arise between the Customer and Local Resources Contracting Pty Ltd in connection with the Agreement, then:
    • The party that alleges they have suffered some loss or damage, or is otherwise aggrieved, shall serve the other party, by hand or by mail, with a Notice of Dispute in writing adequately identifying and providing details of the dispute.
  • Within 7 days of receipt of the Notice of Dispute, the parties must meet and take reasonable steps to resolve the dispute.
  • If the dispute cannot be resolved within 7 days of the meeting between the parties, then the parties agree to submit the dispute to arbitration.
  • If the dispute remains unresolved 14 days after service of the Notice of Dispute, the dispute must be arbitrated in accordance with this clause 20.3
    • Arbitration shall be effected by a single arbitrator who shall be mutually agreed upon by the parties or, in the event that they fail to agree within 7 days, then the arbitrator shall be the President for the time being of the WA Chapter of the Institute of Arbitrators and Mediators Australia (“IAMA”) or his appointee.
  • The parties agree to submit to the arbitration procedures and guidelines adopted by the IAMA.
  • The rules of evidence will not apply strictly to the arbitration, but may be considered by the arbitrator in determining the weight to be attached to each item of evidence.
  • The Arbitration shall be conducted within the State of Western Australia and the Western Australian Courts have jurisdiction in respect of any legal dispute arising from these Terms and Conditions.
  • If the dispute is not resolved within 90 days of service of the Notice of Dispute (or any longer period as agreed to by the parties), either party who has complied with this clause may end this dispute resolution process by written notice to the other party and immediately thereafter commence court proceedings in relation to this dispute.

21.PRIVACY POLICY

The User’s use of this Website is subject to GPHQ’s Privacy Policy. Please access our Privacy Policy for information on data protection, security and what we do with the information we collect.

22.COMPETITIONS

GPHQ Pty Ltd may offer competitions on the Website. There will be specific rules relating to the competitions that will be issued at that time.

23. MISCELLANEOUS

23.1 If at any time any provision in these Terms and Conditions is judged by any court of competent jurisdiction to be void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

23.2 Nothing in these Terms and Conditions shall constitute, or be deemed to constitute, a partnership between the User and GPHQ Pty Ltd or its agents, nor shall either party be deemed to be the agent of the other party.

23.3 These Terms and Conditions represent the entire understanding and agreement between the User and GPHQ Pty Ltd relating to the User’s use of the Website and its facilities, services and information available thereon, and supersede any and all prior statements, understandings and agreements.

24. ENTIRE AGREEMENT

 These Terms and Conditions, together with any other Terms and Conditions, Privacy Policy and Guidelines it refers to, comprises the entire Agreement between GPHQ Pty Ltd and the User and supersedes all prior and future understandings, agreements or representations.

25. CONTACTING US

If the User has any questions about these Terms & Conditions, please feel free to contact GPHQ Pty Ltd at our email address admin@gphq.com.au or write to us at:

GPHQ Pty Ltd

PO Box 555

Melville WA 6956