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Terms of Use

 

This page sets out the Terms of Use that concern your use of the PEAK Osteoarthritis website and the content in it. 

 

By using this website, you are agreeing to comply with these Terms of Use and the Privacy Policy for the PEAK Osteoarthritis website (Privacy policy). You must not use the PEAK Osteoarthritis website if you do not agree to these Terms of Use and the Privacy Policy.

 

When these terms use 'I', 'we', 'us', 'our' or ‘PEAK Osteoarthritis’ it means The Centre for Health, Exercise, and Sports Medicine at The University of Melbourne.

 

We may change these Terms of Use whenever we choose without notice to you. The changes shall be effective immediately upon posting to the PEAK Osteoarthritis website unless otherwise stated on the website. You agree to review these Terms of Use periodically to make sure that you are aware of any changes. By continuing to use this website you accept the Terms of Use as they apply from time to time.

 

We reserve the right to modify or discontinue all or any part of PEAK Osteoarthritis, either temporarily or permanently. This may include the imposition of a fee for all or part of the PEAK Training. Prior to any fee being imposed You will be given the option to opt-out of using PEAK Training.

 

We will try to keep the content on this website up-to-date but there may be delays, errors or omissions that could affect its currency or accuracy. We may change the content on this website at any time without notice.

 

Website does not provide medical advice

The content on the PEAK Osteoarthritis website is not intended to replace personal consultation, diagnosis and treatment with a qualified health care professional.

 

You should always obtain professional or medical advice, appropriate to your own circumstances, with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining advice from your doctor or other qualified health provider due to something you read on the website.

 

If you think you may have a medical emergency, call your doctor immediately or seek emergency help.

 

Privacy

For information on PEAK Osteoarthritis’s collection, use and disclosure of information, refer to the Privacy Policy for the PEAK Osteoarthritis website (Privacy Policy).

 

Analytics
Visitor Analytics

Visitor Analytics is a simple website analytics service which measures the traffic and visitors' general details of our website. Collecting these statistics, we can make our website visitors' experience better (e.g. which pages they visit and when, where they are approximately located, where does a user land first or if they are coming from a specific referral).

 

Basically, as a website owner using Visitor Analytics, we are using cookies to collect data about our visitors' device type and screen size, approximate location, browser, OS, IPs, page visits, bounce rate, conversions and popular content on the website. All this data is pseudonymized and Visitor Analytics will never use the collected data to identify individual users or to match it with additional information on an individual user. Each visitor has control over the placement of cookies.

 
Visitor Recordings

Visitor Recordings is an additional feature to Visitor Analytics (described above) in the form of a simple website replay tool that records where our website visitors scrolled to and what they clicked on our website. We can see this information in playbacks and so called heatmaps. Collecting these statistics helps us to make our website more user-friendly and to reproduce and fix technical errors.

 

Basically, as a website owner using Visitor Recordings, we are using a snippet of tracking code to collect data about our visitors’ journey on our websites, so which subpages they visit, what they clicked on, where they moved their mouse cursor to and where they scrolled. All this data is pseudonymized and Visitor Analytics will never use the collected data to identify individual users or to match it with additional information on an individual user.

 
How to control cookies

You can control and/or delete cookies as you wish by checking your browser settings on each device - for details, see our About Cookies page.
For further information, please check Visitor Analytics’ Terms Of Use, Cookie Information and Opt-Out / Do Not Track.

 

Intellectual property rights

Unless otherwise indicated, PEAK Osteoarthritis owns the copyright and other intellectual property rights in the content of this website or has the right to use it in this context. You must not use the name PEAK Osteoarthritis without the prior written consent of PEAK Osteoarthritis.

 

You can browse or print the content for non-commercial or personal uses but if you propose to use it for any other purpose you will need our prior written permission.

 

Liability

Your use of this website, and your reliance on its content, is entirely at your own risk. While every effort is taken to ensure the information is accurate, PEAK Osteoarthritis makes no representations and gives no warranties that this information is correct, current, complete, reliable or suitable for any purpose.  The website and its content are provided entirely “as is”. 

 

To the fullest extent permitted by law:

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  • all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on PEAK Osteoarthritis in relation to the PEAK Osteoarthritis website or its content are expressly excluded under these Terms of Use.

  • PEAK Osteoarthritis has no liability to you or anyone else (including in negligence) for any type of loss, however incurred, in connection with your use of the PEAK Osteoarthritis website or its content, including (without limitation) loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).

  • PEAK Osteoarthritis disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.

  • As the internet is inherently insecure and information will be transmitted over a medium that may be beyond PEAK Osteoarthritis’s control and jurisdiction PEAK Osteoarthritis assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the website.

In the event that PEAK Osteoarthritis is found liable to you on any basis, our liability to you is limited to the amounts paid by you for the use of the PEAK Osteoarthritis services.

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Indemnity

You agree to defend, indemnify and hold harmless PEAK Osteoarthritis and its affiliates, licensors and suppliers, and their directors, officers, members, owners, employees, agents and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

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Viruses

You must not knowingly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to the PEAK Osteoarthritis website.

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PEAK Osteoarthritis will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the PEAK Osteoarthritis website, to your downloading of any material posted on them, or on any website linked to them.

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Links to other websites

Where a link to a third party website appears on the PEAK Osteoarthritis website:

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  • the links are provided for convenience only and may not be maintained or current;

  • we do not endorse, recommend or support the linked website or any information, opinions, or goods and services made available on it;

  • these terms will not apply to the linked website and you should review the terms applicable to the linked website before using it;

  • we are not liable to you or anyone else if interference with or damage to your computer systems occurs or if you suffer any loss, cost or expense in connection with your use of this website or a linked website;

  • we have no control over the information, content or activities of the linked website and your access to and use of the linked website is at your own risk; and

  • we make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on the linked website.

 

Responsibility for Login Access

You agree not to share your Login Access with others or otherwise disclose your Login Access to unauthorised third parties for any purpose whatsoever. If you knowingly share your Login Access with another person who is not authorised to use the PEAK Osteoarthritis website, your access to the PEAK Osteoarthritis website may be suspended or terminated, but we have no obligation to determine if this has occurred or to take further action if it has. You agree to immediately notify us of any unauthorised use of your Login Access or any other breach of security that you are aware of.

 

Access to the Website

You may not circumvent or bypass any technological protection measures in or relating to the PEAK Osteoarthritis website or disassemble, decompile or reverse engineer any software or other aspect of the website, except and only to the extent that the applicable copyright law expressly permits you to do so. You may not use the website for any unauthorised way that could interfere with anyone else's use of the website or gain access to any service, data, account or network. You may not enable access to the website by unauthorised third party applications.

 

You may not:

  • resell, sublicense, transfer, assign or distribute any material relating to;

  • modify or make derivative works based on; or

  • 'frame' or 'mirror',

 

the PEAK Osteoarthritis website on any other server or internet enabled device.

 

Consequences of Breach of Terms of Use

If you do not comply with these Terms of Use we may:

  • immediately suspend or terminate all or any part of your access to the PEAK Osteoarthritis website; or

  • temporarily or permanently remove your data relating to the PEAK Osteoarthritis website.

 

Applicable law

These Terms of Use, and your use of our website, are governed by the laws of the Victoria, Australia. You agree to irrevocably submit to the exclusive jurisdiction of the courts of the Victoria, Australia.

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You must comply with all laws applicable to your access and use of the PEAK Osteoarthritis website. If you access the PEAK Osteoarthritis from outside Australia you must comply with all laws in that country which apply to that access and use.

 
Complete Agreement

These Terms and Conditions are the entire agreement between you and PEAK Osteoarthritis with respect to the use of the PEAK Osteoarthritis website and privacy of your information and they supersede and take precedence over any prior agreements, understandings or representations not incorporated into these Terms of Use.

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