Terms & Conditions
Terms and conditions of Use
1. Acceptance of Terms and Conditions
1.1 The use of Dr Silvia Ling's Clinic / drsilvialing.com (The Website) constitutes an agreement to be bound by all the terms and conditions herewithin. This Agreement is governed by the laws of the New South Wales and Laws of Australia.
1.2 The Website is for the use by persons who are 18 years and over only, unless otherwise accepted or explicitly indicated. The following Terms and Conditions of Use Agreement (the "Agreement") contains the terms and conditions of use applicable to any and all users, including any individuals and parties (companies or organizations) who use The Website for own self or as a representative for another individual or parties or the individual or parties for who may have others to act on behalf or to represent, registered or non-registered (The Users’/’The User’), including but not limited to receiving medical advises, receiving medical consultations from the Medical doctors or professionals or the Associate Medical doctors or professionals of The Websites, or accessing The Website for whatsoever purpose, booking appointments, requesting referrals, using the information, texts, images, graphics, videos and/or audio material, software, files, directories, listings and databases contained in The Website, products and/or services provided by or through The Website, promoting business between The Users of The Website at home country or abroad (The Services). The Websites may send or serve any notice or document to The Users’ email address. If the notice or document arrives at The Users’ email system, as last updated by The Users (or the circumstances justify the assumption that the service has been made), the service shall be deemed completed. By using The Website, without limitation or qualification of any kind, you acknowledge and accept the terms and conditions hereof and agree that you will be bound by and to comply with the terms and conditions contained in this Agreement and any other legal notices, regulations, posted guidelines or rules applicable to The Services. Unless explicitly stated otherwise, any further upgrade, modification, addition or change to The Services, or any new function that augments or enhances The Services, whether with or without any prior notice, shall be subject to This Agreement. Please read the whole of The Agreement carefully. If you do not agree to The Agreement or under the age of 18 years, you should not obtain information, services or products or use The Services from The Website. You shall not use The Website for any illegal activities. You may stop using The Services at any time.
2. Information and Liability Disclaimer
2.1 The Users indemnify The Website, its medical doctors, associate medical or specialist consultants, medical specialists, professional specialists, affiliates, employees, agents, officers, directors, officers, owners, co-branders, subsidiaries, agents and contributors, third party content providers, hyperlinked websites, and licensors (The Website Associates) from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by The users or by The Website as a direct or indirect consequence of The Users accessing, using The Service on The Website or on any other locations of The Website Associates or The Users’ attempts to do so and any breach by The Users or The Users’ agents of these Terms and Conditions.
2.2 The information and The Services on The Website is provided in good faith, however, without warranties whatsoever to its accuracy or completeness or updated. Any information, including but not limited to all medical information (if any), contact and information of medical specialists (if any), blogs (if any), provided in The Website may not be current, please verify the information in other ways to confirm it is current at own efforts. All submission of requests to The Website does not automatically guarantee results or confirmations on the requests, including but not limited to a guarantee of appointment booking, acceptance of referral request or reply, in particular by The Website Associates. The User should make other means to verify the submissions and confirmations at own efforts. However, if The Users wish to obtain The Services from The Website, The Users should not rely solely on The Services in The Website but should make specific enquiry concerning the nature of The Services and their suitability for the use to which they will be put.
2.3 The Website Content is not intended to and does not constitute medical opinion or professional advice or any advice or guarantee of any other kind on any particular matter. The accuracy, completeness, adequacy of the Content is not warranted or guaranteed. The Web Content provided on The Website is intended to help The User make better healthcare decisions and take greater responsibility for The User’s own health. Information obtained by using The Website is informational and not exhaustive. The Website does not recommend the self-management of health issues. The Web Content cannot be a substitute for independent professional advice. The Website does not accept any liability for any injury, loss or damage incurred by use of or reliance on The Web Content. The User should never disregard medical advice nor should delay in seeking it because of something The User read on The Website.
2.4 The information or contents or request or appointment booking or anything submitted to The Websites is not treated as confidential. The Users expressly acknowledge and agree that use of The Website, any material, and/or data downloaded, request submissions or otherwise obtained through use of The Website is done at The Users’ own discretion and risk. All requests or appointment bookings submitted to The Website does not guarantee a confirmation of booking or any guarantee whatsoever. The Website will not be responsible for cancellation or rescheduling or errors of appointments of omission of request. The Users will be solely responsible for any personal effects or the effects on the representing individual, damages to The Users’ computer system or loss of data that result from the use of The Website or the download of any material and/or data from The Website. The Website / The Website Associates shall not be responsible for any content found on The Website. All request or appointment booking or request for referral submitted to The Website does not guarantee a confirmation of booking or acceptance of referral. The Website will not be responsible for cancellation of appointments of omission of request, including but not limited to the medical consultants or professional consultants of The Websites and The Websites Association at The Websites locations or any related locations.
2.5 The Website / The Website Associates expressly hereby disclaims, to the fullest extent permitted by law, all warranties of any kind whatsoever, conditions or other terms as to the quality of The Services or their suitability for any particular purpose, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The Website / The Website Associates make no warranty that The Website will be uninterrupted, timely, securely or error free.
2.6 The Website / The Website Associates is not liable for interruption to The Services directly or indirectly as a result of nature causing, hardware malfunction, software related problems, telecommunications, electrical failures, strikes, labor disputes, riots, wars, governmental actions, human errors or other obstacles. The services available to you on The Website may contain errors and The Services are subject to periods of interruption.
2.7 The Website / The Website Associates, under any circumstances, is not liable and provides no warranty, whatsoever, to The Users or anyone else for and The Users indemnify The Website/ The Website Associates, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) for any error, defects, omission, loss of opportunity for treatments, loss of opportunity for advices, loss of use, lack of confirmation or communication, faulty computer components, faulty software, communication links, loss or nonexistence of communications capability, technical performance of The Websites or The Services, faulty or incomplete or incomprehensible transmission, transmission erased by any computer or network, loss of income, loss of profit, loss of business opportunity, loss of contacts achieved, business interruption, any type of business loss, loss of programs, loss of data, any other direct, consequential, special, exemplary, incidental, indirect, personal or health damages, or any damages whatsoever, any loss or injury resulting from using or arising from the performance of The Website or from The Users using The Services or The Users’ consequence relating directly or indirectly to any action or inaction, whether The Websites or The Website Associates has been advised of the possibility of such damages, or negligence or the inability to use of The Website, any decision made or any action taken by The Users in reliance on content contained in The Website, business contracts or loss of goodwill or any indirect or financial loss suffered whether arising in contract, negligence or otherwise arising in connection with use or the inability to use of The Website, costs of any kind, including, without limitation, cost of procurement of substitute services, and/or reasonable attorneys' fees and costs of litigation resulting from or in any way connected with the use or the inability to use of The Website, and any other matter relating to The Website.
2.8 The Website / The Website shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control, including but not limited to any force majeure incident. To the extent permitted by law, The Website/The Website Associates liability for breach of any implied warranty or condition which cannot be excluded is limited to the supply of The Services again or the payment of the cost of having The Services supplied again. The failure of The Website/The Website Associates to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
2.9 The Websites may be translated into non-English versions or from non-English sources. The Website / The Website Associates will not be responsible for the difference between English version and any other language versions of the website or the differences between The Website’s contents and the sources. In order to comply with laws, regulations, policies of other countries, which are always different, The Website, its the content or The Services may be slightly different when users access from different countries. The Website / The Websites Associates does not accept any responsibility for blocking the display of information which are violation of laws, regulations and policies of other countries. If there is any conflict, the English version shall prevail. If The Users are dissatisfied with The Website, or any portion, The Users’ exclusive remedy shall be to cease using The Website.
2.10 All these limitations will apply whether or not The Website has been advised or the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. No advice, request or information, whether oral or written, obtained by or submitted to The Website/ The Website Associates or through The Services, shall create any warranty not expressly made herein.
3. Copyright / Proprietary Rights of Content
3.1 The Website, the database content, all the contents of The Websites and the design of The Website, including but not limited to the look, feel, data, information, texts, images, photographs, graphics, videos, music, sound, and/or audio material, other material contained in, software, files, directories, listings, email-distributed, trademarks, service marks, trade names, URL, sponsor advertisements, and databases contained in The Website ("The Website Content") are property and copyright of The Website. The Website owns all legal rights, title and interest in and to The Website / The Service, including any intellectual property rights which subsist in The Website / The Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Website Contents are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws
3.2 The Website Content may not be reproduced, copied, or downloaded, in whole or in part, without the written permission of The Website. The Website grants The Users, registered or not registered, a right of limited use allowing The Users to view, to use or print part of the texts, images or other specific elements of The Website Content in an unaltered form only, and this, only for The Users’ personal custom usage or internal use, and not for commercial purposes (whether you receive any compensation or not) or rent, lease, loan, sell, assign, distribute, license reverse engineer, or create derivative works based on The Website or The Website Content (including, but not limit to any software), provided that The Users do not modify or pass on to another party to modify or remove or obscure any of the Website Content, remove nor modify any identification, brand or trade-marks, copyright or other proprietary notices appearing on the copies of the web pages or elements made under these terms.
3.3 Moreover, without limiting the generality of the foregoing, it is forbidden to, in any form or by any means, reproduce, alter, store, modify, publish, display, perform, create derivative works, adapt or incorporate the Website Content, in whole or in part, for use in other documents or in another website, or to recompile, redistribute or retransmit, reprint, The Website Content, or commercialize any information or products or services of The Website, in whole or in part, by any means, including without any limitations, through any websites, organizations, newsgroup, mailing list, electronic bulletin board, servers or other storage device connected to any network of any kind, in electronic or print form, without the prior written authorization of The Website. The User may not use any robot, spider, other automatic software or device, or manual process to monitor or copy The Website Content without The Website’s prior written permission. All rights reserved.
3.4 If any organization believes in good faith that its own work has been copied in a way that constitutes copyright infringement, please provide The Website the following information by mail or be email:
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The organization’s contact details, including address, telephone number, and e-mail address and any other contact details;
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A proof of representation to act on behalf of the copyright interest, such as an electronic or physical signature of the owner of the copyright interest;
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A description of the copyrighted work that you or your organization claim has been infringed;
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A description of the material and a details description of the location on The Website that you or your organization claim is infringing is located on The Website;
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A statement by you or your organization that you or your organization have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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A statement by you or your organization, made under penalty of perjury, that the above information in your or your organization notice is accurate and that you or your organization are the copyright owner or authorized to act on the copyright owner's behalf.
4. Conditions and Restriction on Use
4.1 The Website and The Services is intended for the use of adults, who are not under the age of 18 years old, or to individuals or organizations or companies who can form legally binding contracts under applicable law, unless explicitlyaccepted by The Website or stated . If The User does not qualify, please do not use The Services or The Website
4.2 The Users agree not to access (or attempt to access) The Website or any of The Service by any means other than through the interface that is provided by The Website. The Users are responsible for all information (The User’s Information’) that you disseminate, submit or transmit through or by means of The Website. The User hereby guarantee that the information entered and submit or transmit on The Website are accurate, complete and current, and that The information rightfully belongs to The User or The User’s organization or The User’s Representing Individual duly represented by The User; and does not violate any privacy rights or third party copyright (including moral rights, as the case may be), or any other proprietary information of any kind. The User understands that the technical processing and transmission of The Website, including The User’s Information, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices. The User Information shall be deemed to be non-confidential and free of any claims of privacy rights, proprietary or personal rights. The use This Website is subject to Privacy Policy of The Website, as referred in the Privacy Policy pages
4.3 The Website will have no obligation of any kind with respect to The User Information that The Users and The User’s representing Individual do not restrict and The Website or The Website Associates will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute The User Information that The User do not restrict. Furthermore, The Website or The Website Associates are free to use The User Information, The User send to The Website, whether The Users restrict its distribution or not, for any purpose whatsoever, including, but not limited to, communication with other third parties, without compensation or any other obligations to anyone, including The Users own selves.
4.4 All request or appointment booking or request for referral submitted to The Website are restricted to as a request at goodwill, not a contractual agreement, and are subjected to further confirmations by The Website or The Website Associates.
4.5 All links to third party websites are included or designed for the convenience of The User to provide further information or direct to subject or information that The User may find interested. These links do not imply or signify any endorsement or association to any third party websites. The Website does not have any responsibility for the content of the linked third party websites. The User may not create any link to The Website from any other third party website or document without any written consent by The Website.
4.6 The Website prohibits any unlawful use of The Website and The Website Contents. The Websites reserves all rights to investigate reports and complaints in violations of effective laws and terms and conditions herewithin and to take any action deemed appropriate including but not limited to forwarding any suspected activities to law enforcement or any appropriate parties and taking legal actions and disclosing any information necessary or appropriate to such parties, including but not limited to The User profiles, personal information, usage history, submission information, IP address and traffic information.
4.7 The Website reserves all rights to terminate the usage of The Website to any user or individual or organization or block access to The Website or part of The Website from any particular internet address at any time without any need to give any reason, whatsoever.
5. Review and Amendments to This Agreement
5.1 The Websites and The Website Associates reserve the right to review, amend, update and modify any of the Terms of Use or any part of The Agreement at from time to time in its sole discretion, without any prior notice to The Users. Changed terms and conditions/ The Agreement will become valid upon being posted on The Websites. This page should be reviewed periodically so that The Users are updated on any changes. The Users have the obligations to check the Website from time to time in order to determine if such amendments have been made. The continuous use of The Services by The Users signifies The User’s acceptance of the changed Agreement. The Websites and The Website Associates welcome the comments and feedback of The Users.