Terms and Conditions

1. General Provisions

These Terms of Use constitute an agreement made by and between Occupational Health Mackay and you ("you," "your" or "User"). This agreement contains the terms and conditions that govern your use of this Web Site.

By accessing, visiting, browsing, using or attempting to interact with any part of this web site, or other Occupational Health Mackay services, websites or any of Occupational Health Mackay's licensees services or software (collectively "services"), you agree that you have read, understand and agree to be bound by this agreement. If you do not agree to be bound by this agreement, please do not access or use any part of this web site.

Occupational Health Mackay reserves the right, from time to time, with or without notice to you, to make changes to this agreement in Occupational Health Mackay's sole discretion. Continued use of any part of this web site constitutes your acceptance of such changes. The most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the "terms of use" hyperlink located at the bottom of each page on any Occupational Health Mackay website.

2. Access to this site

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Occupational Health Mackay believes the information you provide is not correct, current, or complete, Occupational Health Mackay has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3. Restrictions of Use

You may use this site for purposes expressly permitted by this site. As a condition of your use of Occupational Health Mackay website(s), you warrant to Occupational Health Mackay that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of Occupational Health Mackay. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Occupational Health Mackay in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use Occupational Health Mackay website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

4. Personal and Non-commercial use limitation

Occupational Health Mackay website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Occupational Health Mackay's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Occupational Health Mackay's websites.

5. Proprietary Information

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by Occupational Health Mackay(the "Content") is the proprietary information of Occupational Health Mackay or the party that provided or licensed the Content to Occupational Health Mackay, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Occupational Health Mackay, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Occupational Health Mackay's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

6.Hyperlinks

This site may be hyper-linked to other sites that are not maintained by, or related to, Occupational Health Mackay. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Occupational Health Mackay.Occupational Health Mackay  has not reviewed any or all of such sites and is not responsible for the content of those sites. Occupational Health Mackay is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Occupational Health Mackay makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Occupational Health Mackay provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Occupational Health Mackay of that site or any association with its operators.

7. Limitation on Liability

Occupational Health Mackay, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Occupational Health Mackay has been advised of the possibility of such damages. In no event will the collective liability of Occupational Health Mackay and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to Occupational Health Mackay for the applicable content or service out of which liability arose.

8. Termination or Restriction of Access

Occupational Health Mackay reserves the right, in its sole discretion, to terminate your access to any or all of Occupational Health Mackay's websites and the related services or any portion thereof at any time, without notice.

9. Indemnity

You will indemnify and hold Occupational Health Mackay, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

10. Trademarks and Copyrights

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Occupational Health Mackay or the party that provided the trademarks, services marks, logos, and copyrighted works to Occupational Health Mackay. Occupational Health Mackay and any party that provided trademarks, service marks, logos, and copyrighted works to Occupational Health Mackay retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

All contents of Occupational Health Mackay's websites are: Copyright © 2010 Occupational Health Mackay. All rights reserved.

11. Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Occupational Health Mackay will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Occupational Health Mackay considers insecure, Occupational Health Mackay will be entitled to require the password to be changed.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Occupational Health Mackay reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Occupational Health Mackay reserves the right to investigate suspected violations of these Terms of Use.

Occupational Health Mackay reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Occupational Health Mackay to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed by Occupational Health Mackay in its sole discretion to violate these Terms of Use.
By accepting this agreement you waive and hold harmless Occupational Health Mackay from any claims resulting from any action taken by Occupational Health Mackay during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Occupational Health Mackay or law enforcement authorities.

12. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Australia in connection with any dispute between you and Occupational Health Mackay arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state courts in Queensland.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Occupational Health Mackay as a result of this agreement or use of Occupational Health Mackay's websites.

These Terms of Use along with any additional terms and conditions included by Occupational Health Mackay on this site together constitute the entire agreement among the parties relating to this subject matter, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Occupational Health Mackay with respect to Occupational Health Mackay's websites.

A printed version of such documents and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern any additional items to which they pertain.

Occupational Health Mackay may revise these Terms of Use at any time by updating this posting.

Copyright 2012 Occupational Health Mackay