Terms and Conditions

This Agreement (the " Agreement") describes the terms and conditions applicable to the Specialist Medical Directory service that is accessed via the web site at www.healthservicesdirectory.com.au and www.specialistsdirectory.com.au (the" Site"). The Agreement should be read in conjunction with our PRIVACY STATEMENT.

The Medical Specialist Directory (MSD) is an online service offering, to promote the services of Medical Specialists to General Practitioners (GPs) based on local marketing area preferences.

For the purpose of these Terms & Conditions, Medical Specialists providing information on their expertise and clinical practice, are referred to as "MEMBERS, while GPs who access the information in order to refer patients to appropriate local specialists are referred to as "USERS. Other parties accessing the online directory site will be regarded as "VISITORS. "VISITORS are those specialists considering becoming member "USERS.
MEMBERS register and pay a subscription (the "Subscription) to be a MEMBER and be displayed in the Medical Specialist Directory "Specialists Directory.

This Agreement is entered into between you as a Member of the Site (the "Member") and Medical Specialist Directory (MSD).

MSD displays information that, while aimed at the needs of GPs, is nonetheless on a public site. Access is not promoted to the general public and GP promotion is through their local general practice "divisions or "networks (where such agreements are in place) and based on access to the MEMBER site. MEMBER content is securely controlled and can be changed only by Members (Medical Specialists who have registered and subscribed to the service) by way of a secure User Name and Password.

Non member content is information sought from the public domain and is NOT securely hidden behind a User Name and Password. This information is available purely for the reference of specialists to expedite their membership listings. It is not deemed to be display data, nor is it presented to GPs to access, and MSD takes no responsibility of any kind for this information in terms of accuracy or correctness.

The Medical Specialists Directory reserves the right to change the Terms and Conditions of the Specialists Directory at any time without notice.

1 Agreement of and Acceptance of Terms and Conditions.

1.1   For purposes of this Agreement, a "MEMBER" is any person who has: a. Registered online; b. Paid for a Subscription; c. Had the Subscription payment cleared; d. Had their information of services listed in the Medical Specialist Directory "Specialists Directory.

1.2   By registering as a Member via the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a MEMBER. You are bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not register.

1.3   MSD may amend this Agreement at any time and post the amended and Terms and Conditions on the Site. The amended and restated Agreement shall be effective immediately upon posting. You are advised to check the MSD Terms and Conditions regularly. Your continued and ongoing subscription to the the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of MSD.

1.4   Subscription payments can be made by way of credit card payment, direct debit or by cheque. Should a cheque be used as the method of payment and mailed to MSD then it must be attached to the official remittance form found on the website that holds MEMBER information for crediting payment to that membership and Subscription.

1.5   Should cheques be lodged without a proper remittance or identification linking the application to the cheque, then the said cheque will be banked. The listing will not go live on the Directory until the relevant applicant MEMBER identifies themselves and their cheque payment.

1.6   A direct debit can be established for continuance of service with an alert to ask you to simply check and (if applicable) update your details. A tax Invoice is sent to you post payment.

1.7   The membership is deemed a SUBSCRIPTION. The payment entitles MEMBERS to 12 months of online listing in the Medical Specialist Directory accessed via www.specialistsdirectory.com.au and the selected area category or categories selected and paid for.

1.8   The subscription is non refundable, but MEMBERS can unsubscribe and remove their details online at anytime by emailing to info@specialistsdirectory.com.au .

2 General Use of the Website

2.1   MEMBERS may use this service and the associated Site solely for their own personal or internal purposes. Each MEMBER agrees that it shall not copy, reproduce or download any directories, databases or listings available on or through the Site for the purpose of re-selling or re-distributing the MSD Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with MSD, or otherwise commercially exploiting the MSD Content. Systematic retrieval of MSD Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from MSD is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

2.2   MOST of the MSD Content displayed on this Site is provided or posted by third party MEMBERS ("Third Party MEMBER Content") or other third party public domain accessed content. MSD is not the author of any third-party content, whether contributed by anonymous users or paid content providers. Neither MSD nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. MSD is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any MEMBER OR THIRD PARTY SUPPLIER in connection with such MEMBER¡¯S reliance of such Third Party Content. In addition, MSD is not responsible for the conduct of any MEMBER, VISITOR OR USER¡¯S activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such MEMBER, VISITOR OR USER¡¯S conduct. However, as the Directory is compiled using information provided by MEMBERS and public domain content, MSD does not warrant or represent that the Directory is free from errors or omissions, duplicate data, or any unlawful, offensive or otherwise objectionable content, nor that the statements made by or attributed to a party are accurate or that the published address of any party is the address at which a telephone call directed to that party is answered. Please refer any inaccuracies to the attention of our CALL CENTRE ON 03 9418 7488 or if it is your information go online to correct the information through the secure gateway.

2.3   MSD will allow MEMBERS AND USERS access to MSD content AND services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. MEMBER acknowledges that MSD has no control over such third party's web site, does not monitor such sites, and MSD shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.

2.4   Information sent by a MEMBER through communication systems provided by the Site, or through emails, obtained from the Site, shall not contain any of the materials described in the provisions of Section 4 below.

2.5   MSD reserves the right to limit, deny or create different access to the Site and its features with respect to different MEMBERS, or to change any of the features or introduce new features without prior notice. Each MEMBER acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each MEMBER hereby agrees that in no event shall MSD be liable to the MEMBER or any third parties for any inability to use the Site (whether due to disruption, limited access, receipt of subscription payment without proper remittance, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.6   No MEMBER shall undertake any scheme to undermine the integrity of the computer systems or networks used by MSD and/or any other MEMBER and no MEMBER shall attempt to gain unauthorized access to such computer systems or networks.
2.7   We strongly recommend that you check your listing online at least quarterly to guarantee that your information remains correct and has not been altered. This could be due to actions of ex staff or disenfranchised staff through malicious or other intentions. While the site is fully protected from external third party entry through password word and user name; your user name and password information could nonetheless, be known to persons within your employ. We also recommend that you consider changing your password from time to time. We strongly recommend that you check your entry information every time you re-subscribe to guarantee the information is still accurate and in accordance with your current status and that you have read these Terms and Terms and Conditions.

2.8   We urge that you read MSD's Privacy Policy that governs the protection and use of each Member's information in MSD's possession. Each Member hereby accepts the Privacy Policy and any updates and amendments thereto. Each Member acknowledges that MSD may change the Privacy Policy from time to time provided that MSD shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy that is then displayed on the Site at the time of such use.

2.9   As a condition of your access to and use of MSD website, you agree that you will not use the MSD service to infringe the intellectual property rights of others in any way. MSD will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, MSD reserves the right to terminate the account of a member upon any single infringement of the rights of others in conjunction with use of the MSD service, or if MSD believes that member conduct is harmful to the interests of MSD, its affiliates, or other members, or for any other reason in MSD's sole discretion, with or without cause. Such termination does not constitute a subscription refund.

3 Registered Members

3.1   Each paid up Member who has filled out an online registration form, giving pre-requisite information (such as name, address, telephone and fax number, email address, details of its practice, etc.) is deemed a registered Member of MSD ("Registered Member") once payment in full has been received and cleared for a subscription. MSD will establish an account ("Account") for each Registered Member and each Registered Member is accountable for creating and maintaining their own member ID ("Member ID") and password ("Member Password") for ongoing access to its own Account for the checking and updating of their personal information.

3.2   If the Registered Member is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to MSD during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

3.3   By becoming a Registered Member, you consent to the inclusion of your personal data (that you have entered and/or checked as being accurate) into our database and authorize MSD to share such information with other Members and/or USERs.

3.4   MSD may suspend or terminate a Registered Member's Account at any time by giving no less than 24-hour notice to the Registered Member; provided, however, that notice is not required for such termination if (a) in MSD's determination, there is any breach of the provisions of this Agreement by the Registered Member; or (b) MSD has reasonable grounds to suspect that such information provided by a Registered Member is knowingly entered as untrue, inaccurate or misleading, or (c) MSD believes that the Registered Member's actions may cause financial loss or legal liability to such Registered Member, MSD's other Members, USERs or MSD or its affiliates. (See also Clause 3.1)

3.5   A Registered Member may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, Member ID or Password to a third party without the prior written consent of MSD. MSD may suspend or terminate the Account of a Registered Member or the transferee of a Registered Member in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

3.6   Notwithstanding Section 3.5 above, MSD may refuse registration and deny the issuance of an Account and associated Member ID and Password to any Member for whatever reason.

3.7   The subscription fee is for a period of 12 months and there is one pre-paid fee for this period. The next fee will be electronically sent to you one month before the expiry date of the previous anniversary. The fee is inclusive of 10% GST and fees for the following year can change at the anniversary of your next subscription without prior notice. You can elect to do a Direct Debit at anytime.

3.8   Specialists are charged an Establishment Fee and a Subscription Fee to be Member Subscribers. There is only one Establishment Fee regardless of the number of Divisions or Networks you join. However, should your Membership or Subscription lapse beyond 90 days of expiration of your current or previous Membership Subscription, then you will be required to pay the Establishment Fee again should you nominate to re-subscribe. While every effort including email and surface mail will be employed to notify you of your re-subscription, MSD will not be responsible in any way for non notification due to any circumstance.

4 Members Who Post Information on MSD

4.1   You must be a Registered Member (fully subscribed) in order to post information on the MEMBER Site using the online self-help, data entry, submit and edit tools provided through the Site. Your status as a Registered Member is governed by the provisions of Section 3 above and you are limited to authorization of your personal information only.

4.2   No sales agency relationship is created between any Member and MSD, our affiliates, directors, officers or employees by virtue of MSD's display of any of the Member's information on the Site.

4.3   Each Member hereby represents, warrants and agrees to (a) provide MSD with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to MSD to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

4.4   Each Member hereby represents, warrants and agrees that it has obtained all necessary third party copyright and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to MSD or authorizes MSD to display. Third party copyrights, trademarks, trade secret rights, and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each Member hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to MSD or authorizes MSD to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each Member hereby represents, warrants and agrees that it has the right to offer, sell and distribute the products it offers and displays on the Site, and that such offer, sale, importation and/or distribution of those products violates no Third Party Rights.

4.5   Each Member hereby represents, warrants and agrees that information submitted to MSD for display on the Site shall not: 1. Contain fraudulent information or make fraudulent offers and/or marketing that is prohibited by applicable law, or otherwise promote other illegal activities; 2. Be part of a scheme to defraud other Members or USERS of the Site or for any other unlawful purpose; 3. Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; 4. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising); 5. Be defamatory, libelous, unlawfully threatening or unlawfully harassing; 6. Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; 7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; 8. Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; 9. Solicit business from any Members in connection with a commercial activity that competes with MSD; 10. Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; 10. Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or 11. Otherwise create any liability for MSD or its affiliates.

4.6   MSD reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject MSD to liability, violates this Agreement or is otherwise found inappropriate in MSD's opinion. MSD reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, MSD may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and MSD shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against MSD for such disclosure. In connection with any of the foregoing, MSD may suspend or terminate the Account of any Member as MSD deems appropriate in its sole discretion. Member agrees that MSD shall have no liability to Member, including no liability for consequential or any other damages, in the event MSD takes any of the actions mentioned in this Section, and that Member agrees to bear the risk that MSD may take such actions.

5 Transaction between MEMBERs and USERs

5.1   Through the Site, MSD provides an electronic web-based platform for supplying information between MEMBERS and USERs of HEALTH services. MSD does not represent the MEMBER nor the USER in specific transactions, REFERRALS or RECOMMENDATIONS and does not charge any commissions from completing any transactions. As a result, MSD does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the advice or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

5.2   Members are hereby made aware that there may be risks of dealing with USERS and other MEMBERS acting under false pretences. However, because user verification on the Internet is difficult, MSD cannot and does not confirm each Member's purported identity. We encourage you to use the various tools, as well as common sense, to evaluate with whom you are dealing.

6 Limitation of Liability

6.1   The features and services on the MSD site are provided on an "as is" and "as available" basis, and MSD hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.

6.2   MSD makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currency of any information provided on or through the site. MSD does not represent or warrant that the distribution, offer, display and/or use of products or services offered or displayed on the site does not violate any third party rights; and MSD makes no representations or warranties of any kind concerning any product or service offered or displayed on the MSD site.

6.3   Any material uploaded or downloaded or otherwise obtained through the Site is done at each Member's sole discretion and risk, and each Member is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Member from MSD or through or from the Site shall create any warranty not expressly stated herein.
6.4   Under no circumstances shall MSD be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

6.5   Each Member hereby agrees to indemnify and save MSD, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Member's use of the Site (including but not limited to the display of such Member's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each Member hereby further agrees to indemnify and save MSD, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Member's breach of any representations and warranties made by Member to MSD, including but not limited to those set forth in Sections 4.3, 4.4 and 4.5 above. Each Member hereby further agrees to indemnify and save MSD, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each Member hereby further agrees that MSD is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each Member. MSD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MSD in asserting any available defenses.

6.6   MSD shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following: 1. The use or the inability to use the Site; 2. Any defect in data or information or services purchased or obtained from a Member or a third-party service provider through the Site; 3. Violation of Third Party Rights or claims or demands that Members' distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; 4. Unauthorized access by third parties to data or private information of any Member; 5. Statements or conduct of any Member of the Site.

7 Intellectual Property Rights

7.1   MSD is the sole owner or lawful licensee of all the rights to the Site and the MSD Content. The Site and MSD Content embody trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights in the Site and MSD Content shall remain with MSD, its affiliates or licensors of the MSD Content, as the case may be. All rights not otherwise claimed under this Agreement or by MSD are hereby reserved.

7.2   " MSD " and related icons and logos are registered trademarks or trademarks or service marks of MSD in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

8 Notices
8.1   All notices or demands to or upon MSD shall be effective if in writing to MSD.

9 General

9.1   This Agreement and the Privacy Policy constitute the entire agreement between the Member and MSD with respect to access to and use of the Site. This supersedes any prior written or oral agreements in relation to the same subject matter herein.

9.2   MSD and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

10 Relationships with GP Divisions

10.1 The original business model was based an arrangement between selected GP Divisions and MSD. These relationships have been in place for up to six years, and in this time we (the MSD) believe we have established our own brand with local GPs.

10.2 The brand has positioned the Specialists Directory as the most accurate and reliable source for finding local specialists.

10.3 The Federal Government is cutting funding to Divisions nationally, thus signaling their demise. In place of divisions will be what are called Medicare Locals. These new entities will take over the roles of up to three or four of the old divisions covering their geographical territories. MSD will open dialogue with Medicare Locals and in association with our new Allied Health Directory will see what opportunities arise. Please check this webpage for further details.