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These Terms of Use ("Terms") govern your use of the Website ("Website") and form a binding contractual agreement between you, the user of the Website and us, Online Forums Australia Pty Ltd trading as plasticsurgeryforum.com.au, the owner and operator of the Website.

By using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to the Terms, you are not authorised to use the Website.

1. Important notice


1.1 The Website:

  • is intended for people who have attained the age of 18;
  • provides a discussion forum for persons who have had, or who are interested in having, cosmetic surgeries and procedures; and
  • is provided for information purposes only, and is not a substitute for a consultation or obtaining independent medical advice from a qualified healthcare professional.

1.2 We do not give any guarantees as to the suitability, safety or outcome of any cosmetic surgeries or procedures mentioned or discussed on the Website for any particular users. If you decide to engage any healthcare providers as a result of an introduction facilitated through the Website to advise on, or perform, any cosmetic surgeries or procedures, you do so solely at your own risk.

 

1.3 You should seek the advice of your qualified medical practitioner before acting on any information or content (including data, text, video, images, audio and other material) published on the Website ("Content").

 

2. Age and responsibility

 

The Website may only be used by persons who have attained the age of 18. By using the Website, you warrant that you are 18 years of age or over. If you are under the age of 18, you are not authorised to use the Website.

 

3. Registration of user account


3.1 When registering a user account, you will be asked to nominate a user name and password.


3.2 It is your responsibility to ensure that your user name, password and any other security information are kept secure. You must never disclose your password to anyone. If you do share your password or your personal information with others, you are responsible for all actions taken in the name of your account.


3.3 If you lose control of your password, you may lose control of your personal information and may be subject to legally binding actions taken on your behalf. You should immediately notify us and change your password if your password has been compromised in any way.


3.4 You must advise us of any change of name, address, or other details at your earliest convenience after the change. Changes to any of your details may be made [directly on the Website or by emailing us].


4. Prohibited use


4.1 You must not, at any time:

  • publish, communicate, translate or adapt any of the Content;
  • make copies in any form of all or parts of the Content other than as reasonably required for your personal non-commercial use;
  • reverse engineer, dissemble or decompile the Website or any part of the Website;
  • directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code or item of a destructive nature in or on the Website (whether by submission of Contributions or otherwise) or in any way corrupt, degrade or disrupt the Website;
  • remove any copyright, trade mark, electronic rights management information or other proprietary rights notices contained in or on the Website;
  • reformat or frame any part of the web pages that form part of the Website;
  • use the Website to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store unlawful material (including, without limitation, material that is threatening or obscene); or
  • use the Website for any purpose that is unlawful, breaches any applicable code of conduct, infringes a third party’s rights or is otherwise prohibited by these Terms.

5. Posting content


5.1 You may only post content to the Website, including reviews, blogs, questions, answers and photos or videos (“Contributions"), if you have registered a user account.

 

5.2 When posting any Contributions, you agree:

  • to only post Contributions that are relevant to the issues discussed on the Website;
  • to represent your own views and not impersonate or falsely represent any other person;
  • not to post Contributions for any purpose that is unlawful or prohibited by these Terms;
  • not to post Contributions that are inappropriate having regard to the purpose and objectives of the Website;
  • not to abuse, harass or threaten others;
  • not to make defamatory or libellous comments;
  • not to post any Contributions that are unlawful, fraudulent, inaccurate, false, misleading or deceptive;
  • not to use obscene, insulting, provocative, racist, sexist, homophobic, hateful or other offensive language;
  • not to post Contributions on the Website that you have copied from someone else;
  • not to post Contributions that would bring us, or the Website, into disrepute;not to post anything relating to any ongoing legal investigation or ongoing legal proceedings anywhere in the world; and
  • that no compensation will be paid to you in consideration for you Contributions.

6. No commercial use


6.1 You must not use the Website for commercial purposes, including to:

  • advertise or promote any business, products, services or procedures; or
  • solicit customers,
  • whether for yourself or on behalf of someone else.

7. Reviews and other content relating to personal experiences


7.1 Without limiting sections 5and 6, you may only post reviews, blogs, questions, answers, photos, videos and other content relating to a healthcare provider (or the products, services or procedures provided by a healthcare provider) that are based on your true personal experiences.

 

7.2 You must not use the Website to post any reviews, questions, blogs or other content:

  • to praise, recommend, describe positive experiences with, or otherwise promote:

    (i) your business (or that of your employer or any of your clients); o
    (ii) any of your products, services or procedures (or those of your employer or any of your clients); or
  • that are fabricated or exaggerate positive results.

8. Protecting your privacy


You agree that the posting of Contributions is voluntary and solely at your own risk and you acknowledge that your Contributions may include sensitive personal information about yourself and that it may be modified by us. You should not post any Contributions that:

  • contain personal information of others without their consent;
  • contain personal information about yourself that you do not want others to know; or
  • may cause you or someone else personal damage if made public.

9. Complaints


9.1 We may monitor, review, vet, screen and validate Contributions, however we are under no obligation to do so. If you believe that any Contributions posted to the Website breach any of these Terms, including because they:

  • are unlawful, fraudulent, inaccurate, false, misleading or deceptive;
  • are libellous or defamatory;
  • are abusive, harassing or threatening;
  • invade your privacy (or the privacy of someone else);
  • impersonate or falsely represent the views of someone else;
  • infringe your intellectual property rights (or the intellectual property rights of someone else); or
  • are otherwise offensive or inappropriate for any reason,
  • ("Complaint"), please notify us at [insert email] and provide us with sufficient information to contact you.

 

9.2 On receiving a Complaint, we will carry out investigations in relation to the Contributions the subject of the Complaint and take such action that we determine, in our sole discretion, is appropriate, which may include:

  • contacting you to discuss your concerns;
  • asking you to verify the basis of your Complaint (which may include asking you to provide a signed statement);
  • amending or removing the Contributions; and/or
  • suspending or terminating the user account of, and/or access to the Website by, the person who posted the Contributions,
  • in accordance with section 10.

10. Editing of Contributions


Without limiting section 11, we reserve the right to (and you agree that we may) edit any of your Contributions that in our view do not comply with these Terms or are not readable:

  • so that they comply with these Terms; or
  • to make them more readable,

provided that we will not edit any Contributions so as to substantively change the intended meaning or underlying message.

 

11. Removal of Contributions and termination of access


11.1 We reserve the right to (and you agree that we may):

  • remove any Contributions from the Website or prevent any Contributions from appearing on the Website; and
  • suspend or terminate your user account and/or your access to the Website,
  • at any time and for any reason, in our absolute discretion, without notice or liability to you.

12. Ownership and licensing of Content

 

12.1 As between you and plasticsurgeryforum.com.au, we own the intellectual property rights in all Content, excluding Contributions.

 

12.2 You:

  • grant to us a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable right to use, reproduce, modify, communicate to the public, adapt, translate, distribute, publish, create derivative works from and display your Contributions in any media, in connection with the operation and promotion of the Website; and
  • voluntarily, unconditionally and irrevocably consent to all or any acts or omissions by us in relation to your Contributions which would, without this consent, otherwise infringe your moral rights in those Contributions.

13. You must ensure that you have the lawful right (including all necessary licences) to grant to us the licence set out in section 12.2.

14. Links to other websites


We may, from time to time, publish links to other third party websites on the Website ("Linked Site"). These links are provided for your convenience only and by accessing these Linked Sites, you agree to any terms of access or use imposed by those Linked Sites. We do not endorse any material on Linked Sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites, nor do we warrant that material on other websites does not infringe the intellectual property rights of any other person.

 

15. Disclaimer

 


15.1 The Website is made available to you on an "as is" and "as available" basis, and we make no representation, provide no express warranty or guarantee, and exclude all implied warranties (whether implied by statute or otherwise) about or in relation to:

  • the accuracy, quality, currency or reliability of the Content; or
  • the suitability or safety of any of the cosmetic surgeries and procedures, or other products or services mentioned or discussed on the Website.

15.2 Without limiting section 15.1, you acknowledge that information posted by healthcare professionals to the Website, including recommendations and answers posted in response to user questions:

  • constitutes the personal opinions of those healthcare providers (and are not necessarily the opinions of plasticsurgeryforum.com.au); and
  • does not constitute a medical consultation or medical advice.

15.3 To the extent permitted by law, you release us from any claims that you might otherwise have against us relating to the Website and/or your use of or reliance on any Content.

 

16. Website operation

 


16.1 We do not warrant that any of the functions contained in the Website or your access to the Website will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all.


16.2 It may be necessary to interrupt the services provided on the Website in order to upgrade or maintain them, or for other circumstances beyond our control. If we need to interrupt the availability of services on the Website, we will use our reasonable endeavours to minimise any interruption to the services.


16.3 We do not represent or warrant that the Website or the Content is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.


17. Liability


17.1 To the extent that you acquire goods or services from us as a consumer within the meaning of the Australian Consumer Law, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in this section 17operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would:

  • contravene that statute; or
  • cause any term of these Terms to be void,

("Non-excludable Obligation").


17.2 Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms.


17.3 Except in relation to Non-excludable Obligations, our liability to you arising directly or indirectly under or in connection with the Website or these Terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:

  • we exclude all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with the Website or these Terms; and
  • our total aggregate liability under or in any way connected with the Website or these Terms is limited to AUD100.00.

17.4 In relation to Non-excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not limited under these Terms), our liability to you for a failure to comply with any Non‑excludable Obligation is limited to:

  • in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  • in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

18. Indemnity


18.1 You indemnify and hold us, our employees, officers, agents, and contractors harmless from and against any claims, proceedings, actions, liabilities, costs, expense, loss or damage ("Loss") suffered or incurred by any of those indemnified where such loss was caused, directly or indirectly, as a result of:

  • any breach by you of these Terms (or the conduct of any person accessing the Website through your user account which, if done by you, would constitute a breach by you of these Terms); or
  • any suit, claim or demand brought or made against us by or due to any Contributions posted by you (or by any other person through your user account).

19. Privacy


19.1 When you access the Website, personal information provided by you is collected by us. If you have any questions in relation to the treatment of your personal information or would like access to your personal information, please refer to our Privacy Policy.


19.2 You agree that we may contact you to provide you with information or comments about your use of the Website, to seek further information from you in respect of your use of the Website or for any other purpose that is consistent with the purposes of the Website.

 

20. General


20.1 We may change these Terms and/or our Privacy Policy from time to time. If we reasonably consider that the change is likely to:

  • benefit you or have a neutral or minor detrimental impact on you, we may change these Terms and/or our Privacy Policy by making such changes immediately without notifying you except by publishing these Terms and/or our Privacy Policy as amended on the Website; or
  • have a significant detrimental impact on you, we will make such changes to these Terms 10 days after we have notified you of those changes on the homepage of the Website.

If you do not accept a change made by the us to these Terms and/or our Privacy Policy, you must immediately cease using the Website.


20.2 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.


20.3 If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.

20.4 These Terms are governed by the laws of Victoria, Australia and you consent to the exclusive jurisdiction of the courts of Victoria, Australia.


If you have any questions about these Terms, please contact us at help@plasticsurgeryforum.com.au

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