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User Agreement Welcome to medicareer.com.au's User Agreement. This Agreement describes the terms and conditions that govern your use of our services at medicareer.com.au's "Site"). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and medicareer.com.au's policies, including its Privacy Policy (the "Policies"). These Policies change from time to time, and you agree that they form part of this Agreement. By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by mecareer.com.au.com.au and its related and affiliated companies, to the extent that you use those websites. 1. Membership Eligibility. medicareer.com.auoffers its services to its members. Membership is a privilege, not an entitlement, and medicareer.com.aumay change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that medicareer.com.auchanges its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account. Your membership is not transferable. Your medicareer.com.auaccount (including feedback and associated member UserID) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account or UserID to us. 2 Your Information. 2.1 Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration, bidding or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the descriptions of items you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images). 2.2 Restrictions. You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information. Your Information must not, in any way whatsoever, be potentially or actually harmful to medicareer.com.auor any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by mecareer.com.au.com.au. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not: a. be false, inaccurate or misleading or deceptive; b. be fraudulent or involve the sale of counterfeit or stolen items; c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws); e. be defamatory, libellous, threatening or harassing; 3. Feedback. Feedback belongs to medicareer.com.aualthough we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with our Policies, without our prior written permission. You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to mecareer.com.au.com.au. 3.1 Export. You acknowledge that your feedback consists of comments left by other members and a composite feedback number compiled by mecareer.com.au.com.au, and that the composite number without the comments does not convey your full user profile. Because feedback ratings belong to medicareer.com.auand are not designed for any purpose other than facilitating trading between medicareer.com.aumembers, you may not use your medicareer.com.aufeedback (including, but not limited to, marketing or exporting your rating or feedback comments) in any real or virtual venue other than a website operated by medicareer.com.auor its related and affiliated companies. 3.2 Import. We do not provide the technical ability to allow you to import feedback from other websites to medicareer.com.aubecause a composite number, without the corresponding feedback does not reflect your true online reputation within our community. 4. Breach. WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO medicareer.com.auAT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR ITEM, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING AND CHATBOARD POSTING ACTIVITIES), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF: a. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 18 below); b. we are unable to verify or authenticate any information you provide to us; c. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or d. if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature. For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us. 5. Privacy. medicareer.com.auhas a Privacy Policy which applies to all members and forms part of this Agreement. Our current Privacy Policy is located at www.medicareer.com.au . You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (including any amendments we make to it) while you are a member of our Site. We currently use third parties to verify and certify our privacy practices. To find out more about our privacy practices certification, please refer to www.medicareer.com.au We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy. 6. Indemnity. You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. 7. Legal Compliance. In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to www.medicareer.com.au Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created). YOU ALONE, AND NOT mecareer.com.au.COM.AU, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING, BIDDING AND SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT. 8. No Agency. No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind mecareer.com.au.com.au, its related entities or affiliates in any way whatsoever. 9. General. The Site and its associated services set out in this Agreement are offered by medicareer.com.au This Agreement will be governed in all respects by the laws of the Victoria, Australia. You and medicareer.com.auirrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by medicareer.com.auto a third party without your consent in the event of a sale or other transfer of some or all of the assets of mecareer.com.au.com.au. In the event of any sale or transfer you will remain bound by the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against us solely because we prepared it. This Agreement sets out the entire understanding and agreement between us with respect to its subject matter. Sections 2 (Fees and Services), 3.3 (Release), 6 (Your Information), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Mediation and Dispute Resolution) will survive any termination or expiration of this Agreement.f`
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