Website Terms and Conditions of Use

Please read the following Terms and Conditions of (Terms) carefully as they govern your use of this website. By accessing the Musculoskeletal Health Australia (MHA) website, you agree to these Terms. In these Terms, “you” and “your(s)” refer to the person or organisation accessing and using the MHA website. “We”, “us”, “our” and “MHA” refer to Musculoskeletal Health Australia.

Purpose of the Musculoskeletal Health Australia website

This website has been created to provide information about arthritis and musculoskeletal conditions to Australians who are living with, or at risk of developing these conditions, their families and carers, the health professionals who treat them, researchers and the broader community.

Medical disclaimer

All information published on the MHA website is accurate at the time of publication. While the information on our website has been researched, reviewed and presented with all due care, the content is provided for general education and information only.

Information on our website is not intended to replace medical advice from a health professional and MHA does not accept any liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying on any information contained on our website or any linked website.

All users are urged to seek advice from a qualified health care professional for diagnosis and answers to their medical questions.

Copyright

Unless otherwise indicated, all material on the MHA website (including text, images, video and audio files, applications and design) is owned by MHA or is used by MHA under licence, or with the permission of third parties.

All copyrighted material is protected by Australian and international copyright and other intellectual property laws.

Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), and apart from uses specifically authorised by these Terms, you may not in any form or by any means adapt, reproduce, store, create derivative works, distribute, print, display, perform, publish or commercialise any information, products or services obtained from any part of our website without written permission from Musculoskeletal Health Australia. We reserve the right to
grant or refuse permission or to impose any conditions on any permission that is granted. To obtain permission you must request permission in writing.

Trademarks

Any trademarks or registered trademarks (including other logos) that appear on the MSK Australia website are the property of MSK Australia and/or third parties. They cannot be copied, modified,reproduced, published, uploaded, distributed or posted in whole or in part in any way without the prior written consent of MSK Australia, and/or the relevant third party, except where specifically allowed for elsewhere in these Terms.

Liability and loss – disclaimer

Musculoskeletal Health Australia does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the MHA website or any linked website, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the MHA website or any third party website that you access through a link contained on the MHA website.

To the extent permitted by law, MHA excludes any liability to you for any of the following types of loss or damage (which you may suffer as a result of your use of the MHA website) whether the losses were foreseen, foreseeable, unforeseen, unforeseeable, known, unknown or otherwise:

• any loss which arose when you first accessed the MHA website (even if that loss results from failure to comply with these Terms or negligence on the part MHA);
• any loss due to the MHA website not being available at any particular time;
• any business loss you may suffer, including loss of revenue, loss of profits or loss of anticipated savings (whether those losses are the direct or indirect result of default on the part of MHA);
• any loss which you suffer other than as a result of MHA failure to comply with these Terms or its negligence or breach of statutory duty;
• any loss suffered due to the default of any party other than MHA;
• any loss due to the non-availability or failure of any telecommunications or computer services, systems, equipment or software operated or provided by you or any third party;
• any loss or damage caused by any other event not reasonably within the control of MHA.

Printing from the Musculoskeletal Health Australia website

You may download and print information from the MHA website providing you retain all branding, design and logos that appear on the relevant page and any copyright statements, credits,references to MHA and any other notices that appear on the relevant page.

Even if you print material from the MHA website as allowed under the above clause, you must not use or distribute any material from the MHA website for any commercial purpose without express written permission from MHA. MHA reserves the right to grant or refuse permission, and to impose conditions on any permission that is granted.

Amending or editing Musculoskeletal Health Australia website information

Due to our strict review processes and copyright arrangements, you may not modify, adapt, amend,edit, and then reuse information available on the MHA website without express written permission from MHA. MHA reserves the right to grant or refuse permission and to impose conditions on any permission that is granted.

Reproducing information from the Musculoskeletal Health Australia website on the internet

You may not reproduce on the internet any information or material available on the MHA website unless the reproduction is authorised.

You may do any of the following without seeking permission, providing you comply with these Terms:

1. Include a link on your website to the relevant page on the MHA website
2. Reproduce one or two direct quotes from a webpage (with quotation marks) and cite MHA as your reference. These can only be short, direct quotes and should follow normal referencing conventions.
3. Write your own original content and use information on the MHA website as a reference with the following acknowledgement, “Reference: www.mha.org”, which must operate as a hyperlink to the MHA website.

Reproducing Musculoskeletal Health Australia website information in other publications and formats

You may reproduce information available on the MHA website in publications and formats other than the internet only with express written permission from MHA. To obtain permission, you must request permission in writing and provide specific details about how and where you will reproduce the material, and the purpose of the proposed reproduction. MHA reserves the right to grant or refuse permission, and to impose conditions on any permission that is granted.

Links to other websites

Links to other websites are provided on the MHA website for the convenience of users. The inclusion of a link does not imply endorsement of the content of the external site by MHA. MHA takes no responsibility for the accuracy, currency, reliability and correctness of any information contained on third party websites, or whether the information contained on those websites is suitable for your needs. MHA takes no responsibility and accepts no liability for the services provided by any third parties and/or their websites whose hyperlink or trade name may appear on the MHA website.

MHA publishes links to other websites on the MHA website at its own discretion and reserves the right to revise or amend links to other websites or withdraw links at any time without notice.

Links to Musculoskeletal Health Australia

You may insert a link to the MHA website on your website, provided that you comply with these Terms and with the following conditions:

• The link cannot be used in any manner that may indicate endorsement, approval or sponsorship of your website, your organisation or its services by MHA or its content partners. See Endorsements, below.
• No charge of any sort can be attached to the availability of the MHA website. For example, if you have a subscription section on your site, the MHA website link must not be placed inside this subscription area.
• The link to the MHA website cannot be attached to any revenue generating mechanism.
• MHA reserves the right to request the removal of a link on your website to the MHA website at any time. Any link to the MHA website must be immediately removed from your website upon request from MHA.
• The words ‘Musculoskeletal Health Australia or the URL www.mha.org must be part of the link text.

You must not reproduce the entire MHA website environment and/or its contents or services within another website, for example by using I-frame or screen scraping techniques.

Endorsements

Under no circumstances can you use any MHA website content or material including any trade name, logo, URL or other device that appears on the MHA website, in any manner that may suggest any endorsement of your company, your website or your products and services by MHA or its content partners.

Material generated by users

Musculoskeletal Health Australia (MHA) may publish on the MHA website any material uploaded, posted, emailed or otherwise submitted by you and other users (‘User Generated Material’). This includes text,illustrations, photos, graphics, audio, video or other material generated by you or other users.

All User Generated Material published on the MHA website is at the sole discretion of MHA. It may remain on the MHA website for an indefinite period or may be removed at any time, at the sole discretion of MHA.

User Generated Material reflects the individual opinions or views of the relevant user. MHA does not endorse any advice or opinions contained in any User Generated Material.

MHA may monitor, moderate or exercise editorial control over User Generated Material and reserves the right but not the obligation to assess or examine the material when it is submitted.

MHA will not publish User Generated Material or will remove User Generated Material from the MHA website if, in the opinion of MHA, that User Generated Material is:

• incompatible with any MHA Australia policy;
• misleading or false, or impersonating another person;
• potentially libellous or defamatory;
• abusive, threatening, harassing, hateful, insulting, offensive, obscene, blasphemous or racially vilifying. For example, if your nickname is inappropriate or obscene your material may not be published;
• of nuisance value, inappropriate, off topic or vexatious;
• spam, promotes a product or commercial service, or solicits business;
• compromises your privacy or that of someone else, or breaches confidentiality;
• deliberately provocative of other community members.

When submitting User Generated Material you must provide a genuine email address. This is in case it is necessary to clarify any information or follow up an issue with you.

By submitting User Generated Material to MHA, you consent to MHA doing or omitting to do anything that, but for this consent, would constitute an infringement of your moral rights in the material (as defined by the Copyright Act 1968). This includes reproducing, publishing,performing, transmitting, exhibiting, adapting, altering or in any way changing or using the material:

• with or without attribution of authorship;
• with or without any other materials comprising copyright;
• with or without any other text, data, sounds or images;
• with no title, the same title or any other title;
• in any medium or context,
• in any way that MHA sees fit.

In submitting your User Generated Material to the MHA website, you grant to MHA a worldwide, royalty-free, perpetual licence to use, reproduce, edit, modify and exploit the User Generated Material that you submit, in any form or on any medium and for any purpose,including but not limited to:

• posting the User Generated Material on the MHA website or publishing or disseminating it in a MHA publication, or using other technology now known or developed in the future;
• using the User Generated Material in any promotions and marketing for MHA; and

By submitting your material to the MHA website you acknowledge and you warrant to MHA that:

• your material is original, you own the copyright in your material and have the authority to grant a licence to MHA;
• your material is not confidential and does not contain anything that is obscene,
  pornographic, defamatory or in breach of any law or regulation;
• you have obtained the consent of anyone who is identifiable in your contribution for their personal details to be included in your contribution, or the consent of their parent or guardian if they are under 16;
• you acknowledge and agree that the MHA publishes your material on the MHA website at its own discretion and is not obliged to publish or use all or any of the material you submit to the MHA website.

By submitting material to the MHA website you agree to indemnify MHA against all liability arising from any claims against MHA by third parties for loss or damage that arises from that material being displayed on the MHA website. This means that if a third party makes a claim against MHA that relates to the material that you have submitted, you agree to reimburse MHA for any loss or damage that it suffers as a result of that claim. Examples
of when this might occur include: if the material is inaccurate or defamatory; or if the dissemination of the material is a breach of confidentiality or privacy, or an infringement of the intellectual property rights of a third party..

If you do not agree with the terms set out above, please do not submit or share your contribution with MHA. By submitting your material to the MHA website you will be deemed to have accepted the Terms.

Privacy

MHA is committed to ensuring that your personal information is protected. If you provide information to MHA by which your identity can reasonably be ascertained, it will only be used in accordance with the Privacy Act 1988.

MHA adheres to the Australian Privacy Principles and will use the information you provide to the MHA website to provide and operate the MHA website, to fulfill administrative functions associated with MHA, and for internal research and reporting purposes. Where you provide personal information to the MHA website, you will be informed why the information is being collected and how it will be used, or those things will be obvious at that time. You can access our Privacy Statement here.

Data and system integrity

MHA does not represent or warrant that:

• the MHA website or any content of the MHA website will be available uninterrupted or error free; or
• any defects in the MHA website or any content of the MHA website will be corrected; or
• the MHA website or its supporting systems are free of viruses, malware or other malicious content.

You acknowledge and agree that MHA will not be liable for any corruption or failed transmission of any information that is attributable to your computer system or to the system of or any act or omission of your Internet Service Provider (ISP).

You acknowledge and agree that you must take your own precautions to ensure that the process which you employ for accessing the MHA website does not expose you to the risk of viruses or other form of interference that may damage your own computer system.

For the removal of doubt MHA does not accept liability for any interference or damage to your computer system which arises in connection with your accessing of the MHA website or any linked website.

You will ensure that the information you provide to the MHA website does not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, adversely interfere with, surreptitiously intercept or expropriate any system or data.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of MHA.

Comments and complaints

MHA welcomes feedback from users and takes complaints seriously. To provide any
comments to MHA, please email info@mha.org or complete the Contact Us form on the website.

If you have a complaint about any aspect of your use of the MHA website, it is a requirement of these Terms that you notify MHA in writing of the complaint, and await a response from MHA, before taking any other action or raising the complaint with any external body. MHA will act in good faith in investigating and responding to your complaint.

General

If any of these Terms are determined to be illegal, invalid or otherwise unenforceable,
(“Ineffective”), it will be read down to the extent necessary to ensure that it is not Ineffective. If the offending provision cannot be so read down, it will be severed. In any event, the remainder of these Terms shall be interpreted to ensure that all other provisions remain in full force and effect to the greatest extent possible.

Accessibility

We’re committed to providing a website that is accessible to the widest possible audience. If you
experience any difficulty in accessing the Musculoskeletal Health Australia website, please don’t hesitate to contact us.

Language

If you require an interpreter, let us know when you contact the MSK Help Line. Or call Translating and Interpreting Service National on 13 14 50 and ask for an interpreter.

If you’re deaf, or have a hearing or speech impairment, contact us through the National Relay Service.