TERMS OF USE

This agreement is between you (referenced herein as “user”, “you”, “your” and “yours”), and Talem Medical Group and its affiliates (referenced herein as “Talem”, “we”, “us”, “our” and “ours”).

These Terms of Use govern the use of our website, your registration for and use of healthcare services, online services and other associated services to be provided by Talem from time to time (“Services”).

By accessing, consenting to, using or clicking “I agree” to any of the Services offered by Talem, including but not limited to Services offered online at talemmedicalgroup.com or any other related Services provided by Talem, you agree that you have read, understood and accepted all of these Terms of Use, as well as our Privacy Policy (please refer to Section 11 for more details).

When using certain features of our Services, you may be subject to additional terms and conditions applicable to such features, and in case of conflicts, these Terms of Use shall prevail.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS THEY GOVERN YOUR USE OF THE SERVICES. BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE ANY OF THE SERVICES.

  1. AGREEMENT CONDITIONS
    1. Talem reserves the right to modify or change these Terms of Use at any time and at its sole discretion. Talem will provide notice of these changes by updating the revised Terms of Use on the webpage talemmedicalgroup.com and changing the “Last Updated” date on this page.
    2. Any and all updates or modifications to these Terms of Use will be effective immediately upon being posted on the relevant webpage or when released to users. As such, your continued use of our Services shall act as acceptance of any and all updated Terms of Use. If you do not agree to any update to these Terms of Use, you should stop using our Services.
    3. You should always review these Terms of Use prior to using this website and our Services to ensure that you have a current understanding of the terms and conditions that apply to your access to, and use of, our Services. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use to you by e-mail or facsimile upon request.
  2. USERS’ OBLIGATIONS
    1. You agree that all the activities that you carry out on our website and during your use of our Services will be in compliance with applicable laws, regulations, these Terms of Use, as well as various guidelines and policies of Talem which shall be announced and/or updated from time to time.
    2. You agree that you shall at all times provide true and accurate details in all registration, application, enquiry forms and other documents you submit to us on this website.
  3. INDEMNIFICATION
    1. You agree to indemnify and hold us and our respective directors, employees, contractors, agents and representatives harmless from and against any losses, claims, actions, proceedings, investigations, suits, liabilities, damages, demands, costs and expenses (including all reasonable legal fees, fines or penalties imposed by any regulatory bodies), incurred or suffered by us in connection with, in relation to or arising out of:
      1. your breach of these Terms of Use;
      2. your use of our website and Services; and
      3. your violation of any applicable law, regulation or rights of any third party during you use of our website and Services, including but not limited to, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement.
    2. If you are obligated to indemnify Talem, its directors, employees, contractors, agents or representatives pursuant to this clause, Talem will have the right, in its sole discretion, to control any action or proceeding and to determine whether Talem wishes to settle, and if so, on what terms.
  4. MODIFICATIONS TO WEBSITE
    1. We reserve the right at any time to modify or discontinue, temporarily or permanently, this website or any part thereof with or without notice.
    2. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website or any part thereof.
  5. MLINKED WEBSITES
    1. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services, and products which they provide.
    2. Any hyperlink on our website to another website are provided solely as pointers to information on topics or services that may be useful to you. We have no control over the content on such other websites/ apps/ services. You are responsible for complying with the terms and conditions of those websites/ apps/ services.
  6. NO MEDICAL OR HEALTHCARE ADVICE
    1. Any medical or healthcare information provided by us on this website or through other means is for reference or educational purposes only. We do not warrant that such information will meet your health or medical requirements.
    2. Our website is NOT intended for use in diagnosing or treating medical or health conditions, and is NOT a substitute for qualified professional medical or healthcare advice and should not be treated as such. You should always seek advice from a qualified medical professional or other healthcare service provider with any questions you may have regarding a medical or health condition.
    3. To the maximum extent permitted by applicable law, if you choose to rely on any materials or information provided on our website, you do so at your own risk.
    4. Nothing in these Terms of Use is to be construed as imposing an obligation on Talem to provide medical or healthcare advice.
  7. DISCLAIMER
    1. This website provides general information about Talem and its various Services and activities. Such information is provided without warranties or representation of any kind, whether express or implied.
    2. Talem, its directors, employees, contractors, agents and representatives:
      1. make no representations, express or implied, as to the accuracy of the information and data contained on our website. All such information is provided on an “as is” basis;
      2. make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on our website or any linked site into another language;
      3. make no representations, express or implied, as to the availability of our website;
      4. accept no liability for any use of or reliance on the said information and data on our website, including but not limited to translated information and data;
      5. make no representations, express or implied, as to the suitability of the said information and data for any particular purpose; and
      6. accepts no liability for any interference with or damage to your devices, software or data occurring directly or indirectly in connection with, arising from, or relating to our website or its use or any site linked to our website.
    3. You agree that your use of this website is entirely at your own risk and it is your responsibility to evaluate the accuracy and completeness of all information, statements, opinions and other material on this website or any site linked to our website
    4. Any information which you transmit via any means to our website is transmitted at your own risk. If you become aware of any problems with regards to the security of our website, you must inform us immediately.
    5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TALEM, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM, ARISING OUT OF OR IN RELATION TO: (A) YOUR USE, OR THE INABILITY TO USE THIS WEBSITE; AND (B) ANY INACCURACY, DEFECT OR OMISSION IN THE INFORMATION AND DATA DISPLAYED ON OUR WEBSITE, EVEN IF TALEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    6. YOU FURTHER AGREE THAT TALEM, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVE WILL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU FOR: (A) ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS; (B) ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OCCURRING ON OR THROUGH THIS WEBSITE; AND (C) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS OF USE, EVEN IF TALEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    7. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF TALEM, ITS DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES ARISING OUT OF, IN CONNECTION TO OR IN RELATION TO ANY SERVICES, PERFORMANCE OF OR NON-PERFORMANCE OF THE SERVICES, WHETHER UNDER CONTRACT, STATUE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO TALEM FOR SUCH SERVICES.
    8. Nothing in these Terms of Use shall exclude or limit the liability of Talem for any liability which cannot be excluded or limited under the applicable laws.
  8. INTELLECTUAL PROPERTY
    1. All information, data, text, music, sound, photographs, graphics, software, video, messages or other materials displayed on or available through our website (the “Content”) are our properties or are licensed to us and are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws.
    2. You have no rights in or to any of the Content. Nothing you do on or in relation to our website will transfer any rights to such Content on our website to you, except in accordance with clause 8.3 below.
    3. You may download and print the Content for your personal and non-commercial use only.
  9. GOVERNING LAW AND JURISDICTION
    1. These Terms of Use shall be governed by the laws of the State of New South Wales. The parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of the State.
  10. DISPUTE RESOLUTION
    1. Notification of Dispute: Please contact Talem first if any dispute arises. Talem would like to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting Talem at our email info@talem-medical.com.
  11. PRIVACY POLICY
    1. The use of Talem’s Services will require the submission of personal information. Please review Talem’s Privacy Policy found at (“Privacy Policy”) for Talem’s practices in relation to the collection and use of personal information.
  12. GENERAL PROVISIONS
    1. These Terms of Use constitute the entire agreement between the parties and supersede all other prior agreements and understandings, both written and oral, between the parties with respect to your access to Talem’s website and your use of Talem’s Services.
    2. If any or part of any provision of these Terms of Use is found by any court of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable, then that provision, or part of that provision, shall be deemed severable to the extent that the remaining part of the provision or provisions of these Terms of Use shall continue in full force and effect.
    3. Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right or remedy provided for herein shall not be deemed a waiver of such provision, right or remedy. No waivers by us shall be effective unless it is in writing. Unless the written waiver contains an express statement to the contrary, no single or partial exercise of any right or remedy shall prevent any further exercise of such right and remedy or the exercise of any other right or remedy. The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by law.
    4. In these Terms of Use:
      1. the heading used in these Terms of Use are for convenience only and shall not in any way affect the construction or interpretation hereof; and
      2. words and expressions importing the singular include the plural and vice versa.