Research Center Terms and Conditions

AUSTRALIAN ACUPUNCTURE AND CHINESE MEDICINE ASSOCIATION LTD (AACMA) – RESEARCH BANK TERMS AND CONDITIONS OF USE

These terms and conditions (Terms) govern your access to Research Bank and your use of the Research Papers. These Terms constitute a legal agreement between you and AACMA. You confirm acceptance of these Terms when you access Research Bank.

1. DEFINITIONS

• 1.1 Intellectual Property Rights means all copyright, design, patent, trade marks, trade secrets and know-how and any other proprietary rights, or rights to registration of such rights, existing in Australia or elsewhere or as protected by statute from time to time.
• 1.2 Registration occurs when AACMA has accepted your subscription for registration as a member of AACMA after your payment of applicable fees. Register, Registering, Registered and other similar grammatical variances of this word have the corresponding meaning of this concept in the context they are used.
• 1.3 Research Papers means the research papers, documents and resources made available on Research Bank by AACMA for use by Registered members.
• 1.4 you means a party who is Registered. When:
• (a) there is more than one party involved in that instance of Registration, those parties are jointly and severally liable to AACMA;
• (b) you are an individual, the expression includes your personal representatives, employees and agents;
• (c) the Registered party is a corporation, the expression includes the employees, agents and successors of the corporation;
• (d) the Registered party is a partnership, the expression includes the partnership as it is constituted at the date of its Registration and each of its members and also the successors of the partnership whether comprising the same of a different name and each of the members of the partnership or its successors as it may be constituted from time to time; and
• (e) the Registered party is or becomes a trustee (whether or not that fact is disclosed to AACMA), the expression includes the party in its personal capacity as well as its capacity as a trustee.

In these Terms, your, yours and other grammatical variances of these terms have the corresponding meaning of this concept in the context they are used.

2. PROVISION OF RESEARCH PAPERS

• 2.1 AACMA will make the Research Papers available to you on these Terms for as long as you are Registered.
• 2.2 You agree that these Terms do not constitute a sale of the Research Papers to you.
• 2.3 You acknowledge and agree that the Research Papers:
• (a) have been prepared by third-party researchers, and not by AACMA;
• (b) are made available to you for research and reference purposes only; and
• (c) do not constitute any form of medical or health-related advice.
• 2.4 AACMA gives no guarantee about the accuracy or completeness of any information and data contained in the Research Papers. Your use of the Research Papers is entirely at your own risk.
• 2.5 You are entirely responsible for checking the accuracy or completeness of information and data contained in the Research Papers.
• 2.6 You warrant that you have not relied on any representation made by AACMA with respect to the Research Papers.
• 2.7 You must treat the information and data contained in the Research Papers as confidential, and you must not disclose that information and data without the prior written consent of AACMA.

3. ACCESS TO RESEARCH PAPERS

• 3.1 You may access the Research Papers on any device that has the relevant capabilities.
• 3.2 AACMA does not warrant that any of the Research Papers will be available by way of access from any particular device.
• 3.3 AACMA does not warrant that electronic copies of the Research Papers will be free from viruses. You are solely responsible for virus scanning electronic copies of the Research Papers.

4. LICENCE

• 4.1 AACMA grants to you a personal, non-assignable and non-exclusive licence to use the Research Papers in accordance with these Terms for the period you are Registered. This licence cannot be sub-licenced to any third-party without AACMA’s prior written consent.
• 4.2 If you wish to cite or reference a Research Paper in connection with your goods or services, you must acknowledge both the author of the Research Paper and AACMA’s ownership of all rights in the Research Paper in the form stipulated by AACMA on Research Bank.

5. YOUR RESPONSIBILITIES

• 5.1 You are entirely responsible for:
• (a) your use of Research Bank;
• (b) your access to the Research Papers;
• (c) your use of any information or data contained in the Research Papers;
• (d) any findings or conclusions that you draw from the Research Papers;
• (e) your compliance with these Terms; and
• (f) your use of any information or data provided to you by third-parties with respect to the Research Papers.

6. PREVENTION OF MISUSE

• 6.1 You must:
• (a) use commercially reasonable efforts to prevent unauthorised access to or use of the Research Papers, and notify AACMA promptly of any such unauthorised access or use;
• (b) not circumvent AACMA’s methods intended to control access to the Research Papers;
• (c) not permit any third-party to access Research Bank or use the Research Papers; and
• (d) use the Research Papers only in accordance with applicable laws.

7. ACCESS INFORMATION & PASSWORDS

• 7.1 You must keep your passwords and any confidential user identification that you use to access the Research Bank, secure.
• 7.2 You are solely responsible to AACMA for all activities that occur in respect of your user account for Research Bank, and if you become aware of unauthorised use of your user account for the Research Bank, you must notify AACMA immediately.

8. AACMA INTELLECTUAL PROPERTY RIGHTS

• 8.1 AACMA owns all Intellectual Property Rights in the Research Papers. No Intellectual Property Rights are granted to you in these Terms other than the usage rights for the Research Papers that are expressly described in these Terms.
• 8.2 You must not use, alter, remove or obscure any trade mark, logos, domain names or brands on contained in Research Bank or the Research Papers.
• 8.3 You cannot sell, charge, mortgage or otherwise encumber the Research Papers in any way.
• 8.4 You must not copy, modify or create derivate works of any Research Papers without AACMA’s prior written consent.
• 8.5 You must not act in a manner that is inconsistent with the Intellectual Property Rights of AACMA.

9. LIMITATION OF LIABILITY

• 9.1 Subject to clause 9.2, to the fullest extent permitted by law, AACMA expressly excludes all implied warranties and conditions including (without limitation) implied warranties as to the merchantability or fitness for purpose of the Research Papers.
• 9.2 To the extent that any liability of AACMA under the Competition and Consumer Act 2010 (Cth) or at law cannot be excluded, AACMA’s liability is limited to either:
• (a) supplying the Research Papers to you again; or
• (b) paying the cost of having another person provide again to you similar material as the Research Papers.
• 9.3 To the fullest extent permitted by law, AACMA excludes all liability for indirect and consequential loss including without limitation the loss or corruption of any software, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind arising from these Terms or the provision of any services by AACMA.

10. INDEMNITY

• 10.1 You indemnify and hold harmless AACMA and agree to keep AACMA indemnified against any loss, claim, action, settlement, award, judgment, expense or damage of any kind or nature and however arising, that AACMA might suffer as a result of or in connection with:
• (a) your use of the Research Papers;
• (b) your breach of these Terms;
• (c) any unauthorised access to Research Bank; or
• (d) any unauthorised use of the Research Papers.

11. TERMINATION

• 11.1 Termination by AACMA
• (a) Your access to Research Bank, and right to use the Research Papers, will automatically end if you cease being Registered.
• (b) AACMA may immediately terminate these Terms by giving you written notice if:
• (i) you breach any provision of these Terms and fail to remedy the breach within 7 days of receiving notice requiring you do so;
• (ii) AACMA is required to terminate these Terms by law or if use of the Research Papers becomes unlawful;
• (iii) you become bankrupt, are wound up, have an administrator appointed, a receiver appointed to any of your assets, enter into any arrangement, assignment or composition with any of your creditors or become insolvent; and/or
• (iv) you cease to carry on your business, or there is a change in the control of or ownership of your business.
• 11.2 Termination by you
• You may terminate these Terms by de-Registering, and upon doing so, your access to Research Bank, and right to use the Research Papers, will automatically end.

12. RELATIONSHIP

Nothing in these Terms will constitute or be deemed to constitute a partnership, joint venture or agency between the parties.

13. WAIVER

No waiver of any right or remedy will be effective unless in writing and shall not operate as a waiver of that right or remedy or any other right or remedy on a future occasion.

14. ENTIRE AGREEMENT

These Terms constitutes the entire agreement between the parties and supersedes all prior understandings and agreements concerning its subject matter.

15. LAW AND JURISDICTION

These Terms are governed by the laws of Queensland and any claim made by one party against the other arising out of these Terms will be heard in Queensland, and the parties submit to the jurisdiction of those Courts.

I agree to the below Terms & Conditions

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