Please read these Terms and conditions of use (‘Terms’) carefully before using the Flourish Paediatrics website at www.flourishpaediatrics.com.au (‘Flourish website’).
In these Terms, “you” and “your(s)” refer to the person or organization accessing and using the Flourish website. “We”, “us” and “our” refer to Flourish Paediatrics Pty Ltd.
1. Flourish Paediatrics Pty Ltd (‘Flourish Paediatrics’) owns the Flourish website. The Flourish website is primarily created and maintained for people who live in Australia.
2. You may only access and use the Flourish website if you agree to be legally bound by these Terms. If you do not agree to be legally bound by these Terms, please do not access and/or use www.flourishpaediatrics.com.au. You will be deemed to have accepted these Terms if you commence or continue to access and use the Flourish website, and will continue to be bound by these Terms for so long as you access or use the Flourish website.
Changes to these Terms
3. Flourish Paediatrics may make changes to the Flourish website, including these Terms, at any time. You agree that you will be legally bound by the updated or amended Terms from the first time you use the Flourish website after the updated version is published on www.flourishpaediatrics.com.au.
4. Copyright in the Flourish website (including content, photographs, artwork, logos, application and design) is owned by Flourish Paediatrics or otherwise, used by Flourish Paediatrics under licence. All copyrighted material is protected by Australian and international copyright and other intellectual property laws.
5. 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 the Flourish website without written permission from Flourish Paediatrics. Flourish Paediatrics reserves 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, either by email or by post.
6. The ‘Flourish Paediatrics’ mark (name) and device (logo) are trademarks owned by Flourish Paediatrics. Any trademarks or registered trademarks (including other logos) that appear on the Flourish website are the property of Flourish Paediatrics 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 Flourish Paediatrics, and/or the relevant third party, except where specifically allowed for elsewhere in these Terms.
7. All information published on the Flourish website is accurate at the time of publication, which is stated clearly at the head/foot of each article. While the information on the Flourish website has been researched, reviewed and presented with all due care, the content is provided for general education and information only.
8. Information on the Flourish website is not intended to replace medical advice from a health professional and Flourish Paediatrics 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 the Flourish website or any linked website.
9. All users are urged to seek advice from a qualified health care professional for diagnosis and ansers to their medical questions.
Links to other sites
10. The Flourish website provides links to external websites for the convenience of users. The inclusion of a link does not imply endorsement of the content of the external site by the Flourish website, or Flourish Paediatrics. Flourish Paediatrics does not control and accepts no liability for the content of those websites or for any loss arising from use or reliance on those websites. Flourish Paediatrics does not endorse any external website and does not warrant that the information on those websites is accurate, authentic or complete, or that it is suitable for your needs. Your use of any external website is governed by the terms of that website. The provision of a link to an external website does not authorize you to reproduce, adapt, modify, communicate or in any way deal with the material on that site. Flourish Paediatrics 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 Flourish website.
11. Flourish Paediatrics publishes links to other websites on the Flourish 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.
Liability and loss – disclaimer
12. Flourish Paediatrics 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 Flourish 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 Flourish website or any third party website that you access through a link contained on the Flourish website.
13. To the extent permitted by law, Flourish Paediatrics excludes any liability to you for any of the following types of loss or damage (which you may suffer as a result of your used of the Flourish website) whether the losses were foreseen, foreseeable, unforeseen, unforeseeable, known, unknown or otherwise:
a. Any loss which arose when you first accessed the Flourish website (even if that loss results frm failure to comply with these Terms or negligence on the part of Flourish Paediatrics);
b. Any loss due to Flourish Paediatrics not being available at any particular time;
c. 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 Flourish Paediatrics);
d. Any loss which you suffer other than as a result of Flourish Paediatrics failure to comply with these Terms or its negligence or breach of a statutory duty;
e. Any loss suffered due to the default of any party other than Flourish Paediatrics;
f. 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;
g. Any loss or damage caused by any other event not reasonably within the control of Flourish Paediatrics.
Printing from the Flourish website
14. You may download and print information from the Flourish website providing you retain all branding, design and logos that appear on the relevant page and any copyright statements, disclaimers, credits, references to the Flourish website and any other notices that appear on the relevant page. You can do this by using the ‘print’ button on each Flourish website web page.
15. Even if you print material from the Flourish website as allowed under clause 13, above, you must not use or distribute any material from the Flourish website for any public or commercial purpose without express written permission from Flourish Paediatrics. Flourish Paediatrics reserves the right to grant or refuse permission, and to impose conditions on any permission that is granted. Please refer to clause 5, above.
Amending or editing the Flourish website information
16. Due to the Flourish website’s strict clinical review processes and copyright arrangements, you may not modify, adapt, amend, edit, and then reuse information available on the Flourish website without express written permission from Flourish Paediatrics. Flourish Paediatrics reserves the right to grant or refuse permission and to impose conditions on any permission that is granted. Please refer to clause 5, above.
Reproducing information from the Flourish website on the Internet
17. You may not reproduce on the Internet any information or material available on the Flourish website unless the reproduction is authorised:
a. Under a written licence agreement or other legal arrangement issued by Flourish Paediatrics.; or
b. By clause 18 below
18. Without limiting the statement contained in clause 17 above, you may do any of the following without seeking permission, providing you comply with these Terms:
a. Include a link on your website to the relevant page on the Flourish website, providing you comply with clauses 25 and 26 below.
b. Reproduce one or two direct quotes from a fact sheet (with quotation marks) and cite the Flourish website as your reference. These can only be short, direct quotes and should follow normal referencing conventions.
c. Write your own original content and use information on the Flourish website as a reference with the following acknowledgement, “Reference: www.flourishpaediatrics.com.au”, which must operate as a hyperlink to the Flourish website.
Reproducing Flourish website information in other publications and formats
19. You may reproduce information available on the Flourish website in publications and formats other than the Internet only with express written permission from Flourish Paediatrics. 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. Flourish Paediatrics reserves the right to grant or refuse permission, and to impose conditions on any permission that is granted.
20. If you arte granted permission to reproduce information or material from the Flourish website in a publication or format other than the Internet, you will be required to sign a written licence agreement outlining the specific terms and conditions of the reproduction.
Really Simple Syndication (RSS)
Links to the Flourish website
21. You may insert a link to the Flourish website on your website, provided that you comply with these Terms and with the following conditions
a. The link cannot be used in any manner that may indicated endorsement, approval or sponsortship of your website, your organisation or its services by the Flourish website, its content partners or Flourish Paediatrics. See clause 23 below.
b. If there are fees involved in the use of any part of your website, your website should contain a written notice that the Flourish website is a free service provided Flourish Paediatrics.
c. No charge of any sort can be attached to the availability of the Flourish website. For example, if you have a subscription section on your site, the Flourish website link must not be placed inside this subscription area.
d. The link to the Flourish website cannot be attached to any revenue generating mechanism.
e. Flourish Paediatrics reserves the right to request the removal of a link on your website to the Flourish website at any time. Any link to the Flourish website must be immediately removed from your website upon request from Flourish Paediatrics.
f. The words ‘Flourish Paediatrics’ or the url www.flourishpaediatrics.com.au must be part of the link text.
22. You must not reproduced the entire Flourish website environment and/or its contents or services within another website, for example by using the I-frame or screen scraping techniques.
23. Under no circumstances can you use any Flourish website content or material including any trade name, logo, URL or other device that appears on the Flourish website, in any manner that may suggest any endorsement of your company, your website or your products and services by the Flourish website, its content partners or Flourish Paediatrics.
Material generated by users
Personal information and privacy
24. The Flourish website is committed to ensuring that your personal information is protected. If you provide information to the Flourish website by which your identity can reasonably be ascertained, it will only be used in accordance with the Information Privacy Act 2001 (Vic) and the Flourish Paediatrics privacy statement
25. Flourish Paediatrics will use the information you provide to the Flourish website to provide and operate the Flourish website, to fulfill administrative functions associated with the Flourish website, and for internal research and reporting purposes. Where you provide personal information to the Flourish 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.
Data and system integrity
26. Flourish Paediatrics does not represent or warrant that;
a. the Flourish website or any content of the Flourish website will be available uninterrupted or error free; or
b. any defects in the Flourish website or any content of the Flourish website will be corrected; or
c. the Flourish website or its supporting systems are free of viruses, malware or any malicious content.
27. You acknowledge and agree that Flourish Paediatrics will not be liable for any corruption or failed transmission of any information that is attributable to your computer system or to the system ofor any act or omission of your Internet Service Provider (ISP)
28. You acknowledge and agree that you must take your own precautions to ensure that the process which you employ for accessing the Flourish website does not expose you to the risk of viruses or other form of interference that may damage your own computer system.
29. For the removal of doubt, Flourish Paediatrics does not accept liability for any interference or damage to your computer system which arises in connection with your accessing of the Flourish website or any linked website.
30. You will ensure that the information you provide to the Flourish 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.
31. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Flourish website.
32. These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute arising under these Terms shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Comments and complaints
33. Flourish Paediatrics welcomes feedback from users of the Flourish website, and takes complaints seriously. To provide any comments to the Flourish website, please email flourish email or complete the contact us form on the website.
34. If you have a complaint about any aspect of your use of the Flourish website, it is a requirement of these Terms that you notify Flourish Paediatrics in writing of the complaint, and await a response from Flourish Paediatrics, before taking any other action or raising the complaint with any external body. Flourish Paediatrics will act in good faith in investigating and responding to your complaint.
35. 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.
438 Clarendon Street
South Melbourne, VIC 3205