Terms and Conditions

1. Terms and Conditions apply to this web site

These terms and conditions apply to the use of this web site, including use of all HerbDrugNutrient™ functionality offered on this web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable policies governing the use of this web site.

2. Terminology

In these terms and conditions, the expression “we” and “our” are a reference to mia healthcare Pty Ltd, ABN 69 607 525 628.

3. Subscribers

In order to be able to access the information offered on this web site, you must become a subscriber. To become a subscriber, you must complete your registration details, either in writing or through this web site.

To become a subscriber you must be a health practitioner or a researcher, academic or student of a relevant discipline. If you are not one of these, exit the web site now.

We reserve the right to terminate your subscription at any time if you breach any of these terms and conditions. If we terminate your subscription we may keep any subscription fees received prior to the date of termination.

You agree to ensure that your registration details are true and accurate at all times, including credit card details, if you supply them to buy premium content, goods or services through the web site. Specifically, you must notify us of any change to the registration details as originally supplied.

Upon registration, you will be provided with a password and log-in. Registration is free. But if you access premium content or services or if you purchase goods or services available on or through this web site you agree to pay for our services in the manner specified on the web site or in writing by us. You must not disclose your password or log-in to anyone or give access to any part of this web site which requires a password to anyone.

Your subscription is not transferable to a third party without our consent. Subscription fees paid before 31 October 2013 or fees or payments for premium content, goods or services after that date are not refundable (unless the law requires us to refund them).

4. Limits of this web site

Knowledge and practice in the fields of complementary medicine and pharmacology are changing constantly. As new research and clinical experiences become available, changes in our treatment and drug therapy recommendations may become necessary, appropriate and/or preferable. However, standard safety precautions must always be followed. Subscribers are advised to check the most current product information provided by the manufacturer of the herb, supplement or drug to be prescribed, to verify the recommended dose, method and duration of administration, and contraindications. It is the responsibility of every treating health practitioner to determine dosages and the best treatment for each patient, and practise appropriate safety precautions, by relying on their experience and knowledge of the patient. Communication between practitioners is encouraged, to ensure patient safety and the best possible clinical outcome.

Subscribers are advised that any information on HerbDrugNutrient™ supplied by sponsors or manufacturers of medicines about their products is as supplied by them and no responsibility is taken for the accuracy of the information or for the efficacy of any therapeutic claims they make. Subscribers are also advised that no responsibility is taken for the accuracy of information or any stated or implied therapeutic or other benefit concerning goods and services that may from time to time be for sale or supplied free on the web site.

The authors and publisher have made every effort to ensure that the information contained within this web site and any associated software application is as accurate and current as possible. They retain the right to update this information at any time. The information in this HerbDrugNutrient™ web site and and any associated software application is intended as a practical guide to the safe and effective prescription of herbs and supplements in relation to their interactions with drugs in clinical practice. It is in the nature of general information only. It is not intended as a substitute for professional advice and guidance provided by a qualified health practitioner, or as a manual for self-treatment. You should seek professional advice for any specific medical conditions or, if you are a health practitioner, you should rely on your own training, education and experience and the standards of your profession.

5. Disclaimer

The authors/editors and publisher exclude liability for any injury, damage and/or loss (including through negligence) arising directly or indirectly from the use of or reliance on this web site, the HerbDrugNutrient™ functionality or any linked web site or software application.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

6. Exception to disclaimer

This disclaimer set out in these terms and condition does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

7. Specific warnings

You must ensure that your access to this web site and the HerbDrugNutrient™ functionality is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. You should also back-up any data on a daily basis. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site, the HerbDrugNutrient™ functionality or any linked web site.

Whilst we have no reason to believe that any information contained on this web site or any associated software application is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site or HerbDrugNutrient™ updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this HerbDrugNutrient™ website or any associated software application.

We do not give you any assurances that any information contained on this HerbDrugNutrient™ web site or any associated software application will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments or with the aid of qualified professional advice.

Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

8. Copyright

Unless cleary stated otherwise by us on this web site, copyright in this HerbDrugNutrient™ website and any associated software applications (including text, graphics, logos, icons, movies, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions set out below, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  • modify, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site or the HerbDrugNutrient™ functionality; or
  • commercialise any information, products or services obtained from any part of this HerbDrugNutrient™ website or associated software applications;

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

9. Trade marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, products or services (including this web site).

10. Restricted use

Unless we agree otherwise in writing, you are provided with access to this HerbDrugNutrient™ website and associated software applications only for your personal use and use in your practice or your research, teaching activities or for your education to become or continue as a health practitioner. You are authorised to print a copy of any information contained on this web site or associated software applications or save such a copy in electronic form for your personal use or in your practice or research or teaching or educational activities (or as specified in your written agreement, if any), unless such printing is expressly prohibited by us. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site or associated software applications.

11. Linked web sites

This web site and associated software applications may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites; or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

12. Privacy policy

We undertake to comply with the terms of our privacy policy which is to be found here.

13. Security of information

Please see our security policy here.

14. Termination of access

Access to this web site and the HerbDrugNutrient™ functionality may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

15. Governing law

These terms and conditions are governed by the laws in force in Tasmania, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

16. Dispute resolution

If a party considers there is a dispute relating to this HerbDrugNutrient™ website, its functionality, associated software applications or these terms and conditions (“dispute”) it shall give the other party written notice of the dispute. If the parties have not resolved the dispute within 30 days of the notice being given, the party who gave the notice shall initiate mediation before a mediator chosen by the parties or, where the parties cannot agree, by the Australian Commercial Disputes Centre (ACDC). The parties will use their best endeavours to settle the dispute promptly. The mediation will be conducted in Hobart, Tasmania, Australia in accordance with ACDC Mediation Guidelines provided they do not conflict with the provisions of this paragraph. If the dispute is not resolved in 60 days after mediation is initiated, mediation will terminate unless the parties otherwise agree.

A party must not commence legal proceedings against the other party in relation to a dispute until the procedure set out in the previous paragraph has been complied with, unless the relief sought by the party includes the grant of urgent interlocutory relief.

17. General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions is held to be invalid, unenforceable or illegal in a jurisdiction for any reason, the remaining terms and conditions shall nevertheless continue in full force in that jurisdiction.

18. Accepting the terms

By proceeding with your subscription you acknowledge that you have read, understood and accepted the above terms of use.

If you do not accept these terms, exit the web site now.