Terms and Conditions

The following conditions (Terms) apply to your use of MDA Online. If you do not accept these Terms, then you must not access or use MDA Online.

MDA Online is owned and provided by the Australasian Medical Publishing Co Proprietary Limited ABN 20 000 005 854 (AMPCo).

These Terms should be read in conjunction with the Access Terms that apply to AMPCo’s websites. The Access Terms are available from https://www.ampco.com.au/access-terms/ These Terms prevail over the Access Terms to the extent of any inconsistency.

AMPCo may modify these Terms at any time without prior notice to you.

1. Authorised Users

1.1  If you have purchased a personal subscription, then the only Authorised Users (other than you) are any persons you have authorised to use your log in on your behalf.

1.2  If you have purchased a multi-user subscription, then you may nominate Authorised Users up to the maximum number of concurrent users nominated in your order form. You are responsible for providing AMPCo with accurate information about the maximum number of concurrent users for your organisation. Authorised Users must be:

  1. your employees;
  2. directors or officers of your organisation;
  3. for government agencies only – the Minister responsible for your agency
  4. for tertiary institutions only:
  1. a person holding an academic position with your organisation;
  2. a student enrolled with your organisation; or
  3. a person who has been granted access to academic resources including, without limitation, library resources by your organisation.

1.3  AMPCo may issue each Authorised User a unique username and password, or other method of accessing MDA Online.

2. Licence

2.1 Subject to payment of the subscription fees, AMPCo grants you and your Authorised Users a licence to use MDA Online in accordance with these Terms. This licence is not assignable or sub-licensable.

2.2 You acknowledge that, subject to the Australian Consumer Law, AMPCo is not required to provide you with any refund if you decide to cease using MDA Online prior to the end of your subscription.

3. Access and use

3.1 You must use your best endeavours to ensure that:

  1. only Authorised Users are able to access and use MDA Online by means of any computer system, network or internet portal that is owned, operated or controlled by you or on your behalf;
  2. any access to, or use of, MDA Online by your Authorised Users is in accordance with these Terms;
  3. any unauthorised access to, or use of, MDA Online by you or your Authorised Users is immediately notified to us;
  4. all reasonably necessary or desirable security measures, procedures or systems are implemented and maintained by you to enable you to comply with your obligations under these Terms; and
  5. you do not knowingly allow any person other than an Authorised User to access or use MDA Online.

3.2 You must provide AMPCo and its representatives with any assistance reasonably necessary or desirable to enable us to locate and stop any person accessing or using MDA Online, by means of any computer system, network or internet portal that is owned, operated or controlled by or on your behalf, where that access or use is in breach of or otherwise inconsistent with these Terms.

3.3 You must not enter into any agreement that allows any person to access or use MDA Online in breach of, or in a way which is otherwise inconsistent with, these Terms.

3.4 You must not, and must use your best endeavours to ensure that any Authorised Users do not, make any commercial use of MDA Online or any of the databases accessible via MDA Online. In particular, you must not use MDA Online to compile a mailing list, send multiple copies of a communication, complete an electronic or physical mail merge or for any form of promotion, marketing or sales. In this clause 3.4:

  1. commercial use means use that is for monetary reward and includes, without limitation, use for sale, resale, loan, transfer or hire; and
  2. mail merge means any process that makes more than one copy of a letter, email, fax, or any other communication from a list that contains more than one record.

3.5 If AMPCo issues you or your Authorised Users a login, you agree that:

  1. you will keep the details of the login safe and confidential;
  2. you will not disclose the login to any person who is not an Authorised User; and
  3. you accept all liability for any activities whatsoever conducted using your login.

3.6 You must only use MDA Online for lawful purposes. You must not use MDA Online to send any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identity of its author or poster), or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties, or which consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam.

4. Intellectual property

4.1 Copyright and other intellectual property rights in MDA Online or any database available via MDA Online is owned by AMPCo and third parties.

4.2 AMPCo makes information available via MDA online for professional referrals and personal contact with referrals and health professionals and institutions.

4.3 You may only use, or permit use of, MDA Online to look up entries on screen. You may also print one copy of relevant doctor records for non-commercial personal use provided you do not remove any copyright or trademark notices.

4.4 No further reproduction or distribution of MDA Online in whole or in part is permitted without the express written agreement of AMPCo. To seek permission to use MDA Online for other purposes send an email to mda@ampco.com.au .

5. No warranty

5.1 You acknowledge that MDA Online:

  1. does not include information on doctors and other directory listees who have specifically requested that their details not be published; and
  2. includes security features (such as fictitious names and addresses) designed to help AMPCo enforce its rights in the event of unauthorised use.

5.2 You also acknowledge and agree that MDA Online is provided on an "as available" basis. AMPCo may, from time to time and at its sole discretion:

  1. revoke, vary, suspend or cancel your login, or the logins of your Authorised Users;
  2. carry out maintenance or other work on MDA Online; or
  3. limit or deny access to MDA Online for any reason.

5.3 You agree that, to the fullest extent permitted by law:

  1. MDA Online is provided on an "as is" basis without warranty of any kind; and
  2. to the extent permitted by law, AMPCo excludes all warranties relating to MDA Online.

5.4 Although AMPCo has taken all reasonable steps to ensure that MDA Online is accurate, AMPCo does not warrant, guarantee, or make any representation that:

  1. MDA Online or the server that MDA Online available are free of software viruses;
  2. MDA Online will operate uninterrupted or is error-free;
  3. errors and defects in MDA Online will be corrected; or
  4. MDA Online or the information contained or referred to on MDA Online will be accurate, complete, reliable, timely, of merchantable quality or fit for any purpose.

5.5 To the extent that AMPCo’s liability for breach of any implied warranty or conditions cannot be excluded by law, AMPCo’s liability will be limited, at its sole discretion, to resupplying those services or the payment of the costs of having those services resupplied.

5.6 Subject to clause 5.5:

  1. AMPCo is not liable to you for any indirect, incidental, special, or consequential losses or damages including, without limitation, loss of profits, loss of goodwill, loss of data or loss of opportunity; and
  2. AMPCo’s liability to you will be the lesser of the amount determined under clause 5.5 or the aggregate amounts paid by you over the last 12 months.

6. Indemnity

6.1 You agree to release and indemnify, defend and hold AMPCo, its directors, officers, employees and agents, harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against you or AMPCo related to or in any way connected with any use of MDA Online by you or your Authorised Users or any failure by you to perform your obligations in relation to these Terms (provided that nothing in these Terms shall make you liable for breach of these Terms by any Authorised User where you did not cause, knowingly assist or condone the continuation of such breach to continue after becoming aware of an actual breach having occurred).

6.2 This indemnity survives the termination of these Terms.

7. Privacy

7.1 These Terms should be read in conjunction with AMPCo’s privacy policy which is available at https://www.ampco.com.au/privacy-policy/

7.2 The personal information that you provide is being collected by AMPCo for the following purposes:

  1. to enable AMPCo to perform its obligations under these Terms;
  2. to recover any money owing to AMPCo; and
  3. to notify you of other AMPCo services that may be relevant to you.

7.3 While AMPCo takes all due care in ensuring the privacy of the information you provide, transactions over the internet may be intercepted by third parties. To the maximum extent permitted by law, AMPCo disclaims all liability to you should this occur.

7.4 Your personal information (including personal information that is not visible to external users) may also be accessed by AMPCo staff and contractors while stored on AMPCo systems.

8. Termination

8.1 AMPCo may immediately terminate these Terms if:

  1. you fail or refuse to make, or AMPCo does not receive the subscription fees in full, cleared funds; or
  2. you or an Authorised User breaches any term or condition of these Terms and fails to remedy such breach to AMPCo’s satisfaction within seven (7) days of notification from AMPCo.

8.2 On termination of these Terms AMPCo may immediately deny access to MDA Online to you and your Authorised Users. You:

  1. must not access or attempt to access MDA Online;
  2. must use your best endeavours to ensure that the Authorised Users do not access or attempt to access MDA Online; and
  3. must destroy any physical or electronic copy of any data you have obtained from MDA Online in your possession.

9. General

9.1 These Terms are governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

9.2 If any part of these Terms is held to be invalid or unenforceable, that part will be severed, and the rest of these Terms will continue to be valid and enforceable.

9.3 Termination or expiry of these Terms will not affect those provisions that are capable of surviving.