Blog
|
means the blog available through use of the
Service.
|
Consequential Loss
|
means indirect loss, loss of revenues, loss of
reputation, loss of data, loss of profits, consequential loss, loss
of actual or anticipated savings, loss of bargain, lost
opportunities, including, without limitation, opportunities to
enter into arrangements with third parties and loss or damage in
connection with claims against the Subscriber by third parties.
|
Data
|
means information obtained by the Subscriber
through the Service.
|
Dispute
|
means a dispute referred to in clause
10.1.
|
Dispute Notice
|
means a dispute notice contemplated by clause
10.2.
|
Fees
|
means the fees specified on the Order
Form.
|
First Level Discussions
|
means the discussions contemplated by clause
10.4.
|
Force Majeure Event
|
means any occurrence or omission outside a
party's control and:
(a) a physical
natural disaster including fire, flood, lightning or
earthquake;
(b) war or other
state of armed hostilities (whether war is declared or not),
insurrection, riot, civil commotion, act of public enemies,
national emergency (whether in fact or in law) or declaration of
martial law;
(c) epidemic
or quarantine restriction;
(d) failure of a
third party service provider (including without limiting a third
party hosting the Website);
(e) ionising
radiation or contamination by radioactivity from any nuclear waste
or from combustion of nuclear fuel;
(f)
confiscation, nationalisation, requisition, expropriation,
prohibition, embargo, restraint or damage to property by or under
the order of any government agency;
(g) law taking
effect after the date of this agreement; and
(h) strike,
lock-out, stoppage, labour dispute or shortage including industrial
disputes that are specific to a party or the party's
subcontractors.
|
Initial Period
|
means one calendar month or such other period
agreed between the parties commencing on the date the Member first
accesses the Services.
|
Interest
|
means interest on any payment owing under this
agreement calculated:
(a) at the rate
which is 2% in excess of the published Australia and New Zealand
Banking Group Limited variable interest rate for personal loans or,
if lower, the maximum rate permitted by applicable law; and
(b) daily from the
date on which such payment was due to the date on which the payment
is made (both inclusive) including the relevant interest.
|
Intellectual Property Rights
|
means all industrial and intellectual property
rights, both in Australia and throughout the world, including,
without limitation, any copyright, trade or service marks, patents,
registered and unregistered trade marks, registered designs, trade
secrets, knowhow, moral rights, rights in relation to
semiconductors and circuit layouts, formulations, components,
concentrations, protocols, trade, business or company name,
indication or source or appellation of origin, or other proprietary
right, or right to registration of such rights;
|
Nominated Person
|
means the nominated person specified in the
Order Form.
|
Order Form
|
means the online order form for the Service
completed by the Subscriber.
|
Rollover Period
|
means the period of one calendar month
commencing on the expiration of the Initial Period and each
subsequent period of one calendar month.
|
Second Level Discussions
|
means discussions contemplated by clause
10.5.
|
Service
|
means access to the blog and online medical
roster on the Website and the ability to search the roster,
and:
(a) if the
Subscriber has paid the relevant additional fee nominated by
Specialistpoint for that month, the ability to create a personal
practitioner's profile on the Website; and
(b) if the
Subscriber has paid the relevant additional fee nominated by
Specialistpoint for that month, the ability to create a group on
the Website with a combined roster.
|
Social Media Guidelines
|
means the document titled 'Social Media and
the Medical Profession' published as a joint initiative of the
Australian Medical Association Council of Doctors-in-Training, the
New Zealand Medical Association Doctors-in-Training, the New
Zealand Medical Students' Association and the Australian Medical
Students' Association as amended from time to time.
|
Subscriber
|
means the Subscriber specified in the Order
Form.
|
Subscriber Material
|
means all material uploaded into the Service
by the Subscriber or otherwise provided by the Subscriber to
Specialistpoint for the purposes of this agreement including
documents, text, equipment, reports, technical information,
studies, plans, charts, drawings, calculations, tables, trade
marks, logos, schedules and data stored by any means.
|
Supplier
|
means the entity making the Supply.
|
Supply
|
has the meaning given in theNew Tax System
(Goods and Services Tax) Act 1999(Cth).
|
Term
|
means the term contemplated by
clause 4.1.
|
Website
|
means the medical scheduling website
atwww.specialistpoint.com.au
|