Terms and Conditions

Website Accessibility & Terms of Use

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 Australia website, you agree to these Terms. In these Terms, “you” and “your(s)” refer to the person or organisation accessing and using the MSK Australia website. “We”, “us”, “our” and “MSK Australia” refer to Musculoskeletal Australia.

Purpose of the MSK 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 MSK Australia 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 MSK Australia 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 MSK Australia website (including text, images, video and audio files, applications and design) is owned by MSK Australia or is used by MSK Australia 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 MSK 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

MSK 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 MSK Australia 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 MSK Australia website or any third party website that you access through a link contained on the MSK Australia website.

To the extent permitted by law, MSK Australia 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 MSK Australia website) whether the losses were foreseen, foreseeable, unforeseen, unforeseeable, known, unknown or otherwise:

  • any loss which arose when you first accessed the MSK Australia website (even if that loss results from failure to comply with these Terms or negligence on the part MSK Australia);
  • any loss due to the MSK Australia 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 MSK Australia);
  • any loss which you suffer other than as a result of MSK Australia’s 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 MSK Australia;
  • 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 MSK Australia.

Printing from the MSK Australia website

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

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

Amending or editing MSK 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 MSK Australia website without express written permission from MSK Australia. MSK Australia reserves the right to grant or refuse permission and to impose conditions on any permission that is granted.

Reproducing information from the MSK Australia website on the internet

You may not reproduce on the internet any information or material available on the MSK Australia 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 MSK Australia website
  2. Reproduce one or two direct quotes from a webpage (with quotation marks) and cite MSK Australia 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 MSK Australia website as a reference with the following acknowledgement, “Reference: www.msk.org.au”, which must operate as a hyperlink to the MSK Australia website.

Reproducing MSK Australia website information in other publications and formats

You may reproduce information available on the MSK Australia website in publications and formats other than the internet only with express written permission from MSK Australia. 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. MSK Australia 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 MSK Australia website for the convenience of users. The inclusion of a link does not imply endorsement of the content of the external site by MSK Australia. MSK Australia 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. MSK Australia 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 MSK Australia website.

MSK Australia publishes links to other websites on the MSK Australia 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 MSK Australia

You may insert a link to the MSK Australia 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 MSK Australia or its content partners. See Endorsements, below.
  • No charge of any sort can be attached to the availability of the MSK Australia website. For example, if you have a subscription section on your site, the MSK Australia website link must not be placed inside this subscription area.
  • The link to the MSK Australia website cannot be attached to any revenue generating mechanism.
  • MSK Australia reserves the right to request the removal of a link on your website to the MSK Australia website at any time. Any link to the MSK Australia website must be immediately removed from your website upon request from MSK Australia.
  • The words ‘Musculoskeletal Australia or the URL www.msk.org.au must be part of the link text.

You must not reproduce the entire MSK Australia 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 MSK Australia website content or material including any trade name, logo, URL or other device that appears on the MSK Australia website, in any manner that may suggest any endorsement of your company, your website or your products and services by MSK Australia or its content partners.

Material generated by users

MSK Australia may publish on the MSK Australia 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 MSK Australia website is at the sole discretion of MSK Australia. It may remain on the MSK Australia website for an indefinite period or may be removed at any time, at the sole discretion of MSK Australia.

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

MSK Australia 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.

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

  • incompatible with any MSK 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 MSK Australia, you consent to MSK Australia 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 MSK Australia sees fit.

In submitting your User Generated Material to the MSK Australia website, you grant to MSK Australia 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 MSK Australia website or publishing or disseminating it in a MSK Australia publication, or using other technology now known or developed in the future;
  • using the User Generated Material in any promotions and marketing for MSK Australia; and

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

  • your material is original, you own the copyright in your material and have the authority to grant a licence to MSK Australia;
  • 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 MSK Australia publishes your material on the MSK Australia website at its own discretion and is not obliged to publish or use all or any of the material you submit to the MSK Australia website.

By submitting material to the MSK Australia website you agree to indemnify MSK Australia against all liability arising from any claims against MSK Australia by third parties for loss or damage that arises from that material being displayed on the MSK Australia website. This means that if a third party makes a claim against MSK Australia that relates to the material that you have submitted, you agree to reimburse MSK Australia 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 MSK Australia. By submitting your material to the MSK Australia website you will be deemed to have accepted the Terms.

Privacy

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

MSK Australia adheres to the Australian Privacy Principles and will use the information you provide to the MSK Australia website to provide and operate the MSK Australia website, to fulfil administrative functions associated with MSK Australia, and for internal research and reporting purposes. Where you provide personal information to the MSK Australia 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

MSK Australia does not represent or warrant that:

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

You acknowledge and agree that MSK Australia 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 MSK Australia 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 MSK Australia does not accept liability for any interference or damage to your computer system which arises in connection with your accessing of the MSK Australia website or any linked website.

You will ensure that the information you provide to the MSK Australia 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 MSK Australia.

Comments and complaints

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

If you have a complaint about any aspect of your use of the MSK Australia website, it is a requirement of these Terms that you notify MSK Australia in writing of the complaint, and await a response from MSK Australia, before taking any other action or raising the complaint with any external body. MSK Australia 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 Australia website, please don’t hesitate to contac 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.