For information about contraception, pregnancy options and sexual health in Victoria

1800 MY OPTIONS Terms of Use

Last Updated March 2018

This 1800 My Options website and associated microsites (together “website”) is owned and operated by Women’s Health Victoria (“WHV”).

The following content sets out the terms and conditions of use of this website (“Terms”). These Terms apply to all visitors and users of this website. Please carefully review the Terms, particularly the disclaimer and limitation of liability provisions. Your continued use of this website signifies that you agree to be legally bound by these Terms.

If you do not agree with these Terms, then we request that you do not use this website or the services made available by WHV through the website.

You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this website.

This website was prepared for use by users located in Victoria, Australia only and may not satisfy the laws of any other country.

Intellectual Property Rights

The content of this website is protected by relevant intellectual property laws, including copyright and trade mark legislation.

Except for content provided to WHV by third parties, the materials and content accessed from or via this website (including software and web designs) the ownership of which vests in and belongs to WHV. You are granted a licence to view these materials and content online and to print a copy for your own personal use and record. Additionally, you are granted a licence to use the software and services that WHV makes available via this website for your own personal use.

All other use, copying or reproduction of this website, or any part of this website, the content and materials made available via this website (including software and web designs) is strictly prohibited to the maximum extent permitted by law.

Unless otherwise expressly stated, nothing contained in this website should be construed as a licence by WHV to you or a right of use of any trade mark displayed on this website without the express written permission of the owner of the trade mark.

You must not interfere with or tamper with any copyright notice, nor tamper with or commercially use any trade mark, logo or name (including company, business or domain name).

You agree that you are not entitled to and will not otherwise copy, change, adapt, communicate, sell or otherwise deal with the material on this website (including software and web designs) or made available via the online services through this website.

WHV retains all rights in relation to its online documents and any use of them or the information on them for any of its purposes, to the fullest extent permitted by law.

If you submit any content or materials to WHV in your use of this website, or the software or services made available via this website, then you retain ownership of the intellectual property rights (including copyright) in such content or materials. You grant to WHV a non-exclusive, perpetual and irrevocable, worldwide and fully paid up licence (including the right of sub-licence) of the intellectual property rights (including copyright) in such content or materials to enable WHV to exploit the intellectual property rights in such content or materials as WHV deems appropriate. In addition, you consent to WHV acting in a manner that would otherwise infringe your moral rights in the content or materials.

General use – permissions and restrictions

WHV grants to you permission to access and to use the website, the software and the content and materials made available to you via the website (subject to these Terms of Use), provided that:

In your use of the website, the software, the content and materials made available via the website, you agree to comply with all applicable laws.

WHV reserves the right to suspend and/or discontinue any aspect of this website at any time. While WHV agrees to use all reasonable endeavours to notify you in advance of the effect of the suspension or discontinuation of this website, to the maximum extent permitted by law, WHV is not liable to you in the event WHV exercises this right to suspend and/or discontinue any aspect of the website, or the website as a whole.

Data Transmissions

You acknowledge and agree that the Internet is an inherently insecure medium, that no data transmission over the Internet can be guaranteed as being totally secure and that your data (including the content you submit to us via the website) is stored on the website at your own risk.

While WHV takes all reasonable steps to protect and secure any transmissions of data or information to WHV via the website, you agree that to the maximum extent permitted by law, WHV is not liable to you for any misuse of or unauthorised access to, use of or disclosure of your data, unless such misuse of or unauthorised access to, use of or disclosure of your data is as a direct result of any negligent, reckless or intentional act or omission by WHV or its officers or employees.

Linked Websites

This website may provide links to and may be linked from websites that WHV does not control. Such links are provided for your convenience only. The fact that WHV includes these links on its website does not constitute and should not be construed as an endorsement by WHV of the websites, the content on the website or the owner or operator of the website. You agree that WHV is not responsible for or liable to you for any loss or damage that you may suffer or incur due to any actions caused by the websites or your use of the websites.

Privacy

This website may allow you to submit personal information to WHV. WHV may also collect your personal information for the purposes of administering this website and the services offered or made available via this website.

This website may also allow you to access personal information supplied by third parties to WHV. WHV relies on the third parties to accurately supply personal information to WHV for access by you. To the maximum extent permitted by law, WHV is not liable to you for any loss or damage that you may suffer or incur as a result of any inaccuracy or incompleteness of the information you have accessed via the website which has been supplied to WHV.

For more information about how WHV collects, holds and deals with your personal information, please refer to WHV’s privacy policy, which can be accessed here [insert link to WHV’s privacy policy].

By submitting information to WHV through the website or via any service made available via this website, you are deemed to have read and understood WHV’s privacy policy and to have consented to the collection and use of your personal information for the purposes set out in the privacy policy.

Cookies

WHV may use “cookies” to facilitate the use of this website. Cookies are data generated by WHV’s website and stored on your computer’s hard drive. A “cookie” enables WHV’s server to identify your computer upon your revisiting this website. Cookies generally do not identify you as an individual, but may identify and transmit information to WHV in relation to your type of browser, the type of operating system your computer uses, the web-page(s) you have visited, your Internet service provider and your IP address.

You may change your browser settings so that the browser does not accept cookies, but certain features of this website may not function properly or at all as a result.

Warranties and representations

This website is provided for information purposes and general interest and inquiry only. While WHV uses reasonable efforts to ensure that the information on this website, including as made available through the use of the software offered via this website, is complete and up to date, to the maximum extent permitted by law, WHV makes no warranty or representation as to the accuracy, currency or completeness of any information on this website.

The information made available via this website or accessible via this website may change without notice.

WHV will take all reasonable steps to ensure that the website, the software and the materials and content made available via the website can be accessed at any time. However, notwithstanding the foregoing, you acknowledge and agree that the website, the software and the materials and content are made available to you on an “as is” and “as available” basis.

To the maximum extent permitted by law, WHV makes no representation or warranty to you, nor give any guarantee to you in relation to the website, the software, the content and materials made available via the website, including (without limitation):

Liability

The liability of either party for a breach of these Terms or for any other common law or statutory cause of action arising out of the operation of these Terms will be determined under the relevant law that is recognised, and would be applied by, the High Court of Australia.

To the fullest extent permitted by law, in no event shall WHV, its directors, officers, employees or agents, be liable to you for any indirect, incidental, special or consequential loss or damage arising from any:

To the extent that WHV cannot lawfully exclude any warranty, condition or guarantee to you under these Terms, then to the maximum extent permitted by law, WHV limits its liability to you to the cost of resupplying the products and/or services to you as contemplated under these Terms.

Health-related information: Any health-related information contained on this website, or otherwise accessible via this website (including through the use of the software made available via this website) is provided for general information purposes only and is not intended to be a substitute for professional medical advice or the care that you or anyone else may receive from a healthcare professional.

Notices: Without limiting the methods by which a notice or other communication may be given at law, a notice or other communication is properly given or served if it is transmitted by electronic mail or other electronic means to your electronic mail address (if provided to WHV).

Entire Agreement: These Terms constitute the entire agreement with respect to your access to and use of the website, access to and use of the software WHV makes available via the website and your right to upload, submit, access and use the content and materials made available via this website. These Terms supersede all prior representations, agreements, statements and understandings (whether verbal or in writing) in relation to the subject matter of these Terms.

Waiver: A waiver by either party of a breach of these Terms will not be regarded as a waiver of any other breach. A party’s failure to enforce a provision of these Terms will not be interpreted as a waiver.

Severability: Each provision of these Terms shall be read as separate and separable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.

Assignment: WHV may assign any rights under these Terms to a third party without your prior written consent. You acknowledge and agree that the rights conferred on you under these Terms are personal to you and cannot be assigned or novated to another party except with WHV’s prior written consent.

Further acts: Each party must, without further consideration, sign, execute and deliver any document and perform any other act that is necessary or desirable to give full effect to these Terms.

Party preparing document not to be disadvantaged: No rule of contract interpretation must be applied in the interpretation of these Terms to the disadvantage of one party on the basis that it prepared or put forward these Terms or any document comprising these Terms.

 

Version: CYS 6987704v2 CYS

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