Access Terms

This website is owned by the Australasian Medical Publishing Company Pty Ltd ABN 20 000 005 854 (AMPCo).

Medical Journal of Australia, MJA, InSight+ and MJA Careers are trademarks or trading names of AMPCo. Any reference to AMPCo applies equally to these trademarks or trading names.

By continuing to access this website, you agree to be bound by the following terms and conditions (Access Terms). If you have purchased a license, subscription or otherwise entered into an agreement with AMPCo, that agreement will prevail over these Access Terms to the extent of any inconsistency.

1. Access and use

1.1 You must not use this website, or post any material on the website, in any way that causes or is likely to cause the website or access to be interrupted, damaged or impaired in any way.

1.2 You are solely responsible for all electronic communications and contents sent from your computer to AMPCo.

1.3 You must only use the website for lawful purposes.

1.4 You must not use the website for any of the following:

a. to send, post, use or re-use 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;

b. to post or otherwise distribute any content or material containing any commercial or personal advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation;

c. to distribute software viruses or any form of spam; or

d. to send, post or otherwise distribute political campaigning, financial or personal advice or recommendation.

2. Intellectual property rights and licence

2.1 You must not use this website or the Content for any of the following purposes without the express prior written consent of AMPCo:

a. the reproduction of the Content in any material form;

b. the distribution of the Content in any material form;

c. re-transmission of the Content by any medium of communication;

d. uploading or reposting the Content to any other site or location, on-line service or bulletin board; or

e. ‘framing’ the Content on this website, or any of it, with other material on any other or location, on-line service or bulletin board.

2.2 You must not:

a. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this website or the Content;

b. use any network monitoring or discovery software to determine the website architecture, or extract information about usage, individual identities or users;

c. use any software, device, or manual process to monitor or copy this website or the Content without AMPCo’s prior written permission;

d. cache the Content of this website without the consent of AMPCo;

e. use this website or its Content in a manner that is not expressly authorised by AMPCo;

f. use the Content of this website to cause harm, damage or loss of any kind whatsoever to AMPCo or to any other person; or

g. modify or copy:

i. the layout of this website; or

ii. any computer software or code contained in this website.

2.3 Further information on the process for obtaining permission is set out at https://www.mja.com.au/journal/copyright-and-linking-information

3. Links to other websites

3.1 This website may contain links to sites which are not under the control of AMPCo (Third Party Sites). The existence of these links does not imply any endorsement by AMPCo of the Third Party Sites.

3.2 AMPCo:

a. provides any such links as a convenience to you;

b. is not responsible for the material contained on Third Party Sites; and

c. makes no warranties and accepts no liability in relation to material contained on Third Party Sites.

3.3 If you wish to link to this website you must comply with the requirements set out at https://www.mja.com.au/journal/copyright-and-linking-information

4. Comments or Responses posted within this website

4.1 You accept full responsibility for any comments or responses you post on the website.

4.2 Any comments or responses that you post must be accompanied by your real name and must not be posted anonymously. Participants in interactive areas must not misrepresent their identity or their affiliation with any person or entity.

4.3 You acknowledge that we have no obligation to edit, monitor or screen comments or responses that are posted on this website and we are not responsible for the content in such postings or any content linked to from such postings. Notwithstanding the foregoing we reserve the right to examine from time to time, some, all, or no interactive areas for adherence to these Access Terms and to remove any materials that may be objectionable or violate these Access Terms.

4.4 If you think that a comment or response that has been posted is in breach of these Access Terms or otherwise inappropriate, please send a link to the comment or a copy of it and your reason for objecting to it to mja@mja.com.au.

5. Termination of access

5.1 This website is provided on an ‘as available’ basis.

5.2 AMPCo may terminate access to the website temporarily or permanently at any time without giving any explanation or justification for the termination of access.

6. Acknowledgement and warranty

6.1 You acknowledge and agree that, although AMPCo has taken all reasonable steps to ensure that this website is accurate, AMPCo does not warrant that:

a. this website or the Content is complete or error-free;

b. this website, the Content, or the server that makes the website available are free of software viruses;

c. the functions of any software contained on this website or in the Content will operate uninterrupted or are error-free; or

d. errors and defects in this website or the Content will be corrected.

6.2 You acknowledge that:

a. the Content is intended for educational, research and reference purposes only and should not be relied on as medical advice;

b. the Content should not be used instead of consultation with a qualified medical professional; and

c. you will not rely on any of the Content without first making independent enquiries to verify facts.

6.3 To the fullest extent permitted by law, AMPCo disclaims any and all express or implied warranties, guarantees or representations regarding:

a. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this website, in the Content, or on Third Party Sites; and

b. the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this website, in the Content, or on Third Party Sites.

7. Liability

7.1 AMPCo will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if AMPCo has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

a. acting, or failing to act, on any information contained or referred to on this website, in the Content, or on any Third Party Sites; or

b. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the website, in the Content or any Third Party Sites.

7.2 AMPCo is not liable to you for:

a. errors or omissions on the website, in the Content, or on any Third Party Sites;

b. delays to, interruptions of or cessation of the services provided on the website, in the Content, or on any Third Party Sites; or

c. defamatory, offensive or illegal content on the website or in the Content, whether caused through negligence of AMPCo, its employees or independent contractors, or through any other cause.

7.3 You agree to accept the full cost of any necessary repair, correction or maintenance of any of your software or hardware, which may be necessary as a consequence of you accessing this website or the Content.

8. Indemnity

8.1 You indemnify AMPCo and its officers, employees and agents from and against any cost, expense, fee, loss or damage (including reasonable legal costs and expenses) or liability incurred by any of them arising from any claim, demand, suit, action or proceeding by any person where such loss or liability arose out of, in connection with or in respect of:

a. any breach of these Access Terms by you; or

b. your use of the Content or any materials or information supplied to you under these Access Terms.

9. Governing law

9.1 These Access Terms are governed by the laws of New South Wales.

9.2 You agree to the non-exclusive jurisdiction of the Courts of the State of New South Wales to determine any dispute arising out of these Access Terms.