Terms & Conditions - Registration

myMedibandPlus Online Membership registration

The MedibandPlus Online Health Application (the “MedibandPlus Application”) enables End-Users (“you” and “your”) to receive, store and manage their personal health information. References to the “MedibandPlus Application” include any component and the current and/or any future version of the MedibandPlus Application, and any documentation accompanying these Terms whether distributed by download from a web site, on disk, or by any other media, or thru the use of the MedibandPlus Forum or in any other form.

The MedibandPlus Application is provided through www.medibandplus.com and www.medibp.com (the “MedibandPlus Website”). In the event that you breach these Terms, your permission to use the MedibandPlus Application will automatically terminate.

MedibandPlus may modify these Terms in their sole discretion and it is your responsibility to review these Terms and related policies each time you access the MedibandPlus Website.

The MedibandPlus Application is licensed, not sold, to you by MedibandPlus for use only under the terms of this Agreement.

1. Not Medical Advice

The MedibandPlus Website and the MedibandPlus Application are not intended as a substitute for the advice provided by your own general practitioner, physicians or other health care providers, and may not take your individual health situation into account. You shall not use the MedibandPlus Website or the MedibandPlus Application, to diagnose a health problem or disease, or as a means of determining treatment. You acknowledge that the only health advice you will be receiving will be from your general practitioner, physician or other health care provider, and not from MedibandPlus. The MedibandPlus Application is not intended to be a substitute for professional medical advice.

MedibandPlus does not provide emergency medical or health services or advice. In the event of an emergency, immediately contact your general practitioner, physician or your nearest hospital, or contact emergency services.

2. Use of the MedibandPlus Website and the MedibandPlus Application

MedibandPlus authorizes you to view and download content on the MedibandPlus Website in accordance with these and the MedibandPlus Website Terms and Conditions, and to use the MedibandPlus Website and the MedibandPlus Application, solely for your personal, noncommercial use.

Title to and all intellectual property rights in the MedibandPlus Website and the MedibandPlus Application remains with MedibandPlus (and where applicable) its licensors. Any use of the MedibandPlus Application that is not in accordance with these Terms is a breach of these Terms and may be a breach of copyright, trade mark, and other relevant laws.

The MedibandPlus trade mark is the exclusive property of MedibandPlus Limited. The MedibandPlus Application and the MedibandPlus Website are subject to change or termination without notice at the sole discretion of MedibandPlus

3. Ownership, Restrictions, Copyright Infringement and Related Issues

Title to the MedibandPlus Application, including all intellectual property rights thereto, shall at all times remain exclusively with MedibandPlus., Any rights not expressly granted by MedibandPlus are reserved to MedibandPlus. You may not cause or permit the disclosure, copying, decompiling, reverse engineering, disassembling, modifying, creating derivative works, renting, licensing, sublicensing, leasing, dissemination or other distribution of the MedibandPlus Application, or any part thereof, by any means or in any form, without the prior written consent of MedibandPlus. You are entitled to use the MedibandPlus Application and the MedibandPlus Website strictly for your own use and may not otherwise commercially exploit any of the MedibandPlus Application or the MedibandPlus Website.

Using the MedibandPlus Application to transmit (whether by email, uploading, posting, or otherwise) any information or items without the express permission of the owner of such information or items or to engage in any activity that infringes any copyright or any other right of a third party is not permitted. You represent and warrant to MedibandPlus that you own, or are otherwise authorised to use, any files, data, text, or other information that you may transmit to or through the MedibandPlus Application or the MedibandPlus Website, and that any use of the files, data, text, or other information supplied by you does not breach or infringe any rights of a third party including without limitation third party intellectual property rights.

You agree that files, data, text or other information supplied by you shall not contain any material or information that is obscene, defamatory, or is otherwise in breach of any applicable law, statute or regulation or third party rights, including intellectual property rights.

5. Public Emergency Record Information

Medical Information that you authorise to be publicly available by summiting as part of an Emergency Record or Emergency Profile Search is deemed to be in the public domain, accessible either through www.MedibandPlus.com or www.medibp.com (unless you have opted out, by not selecting/ticking “Public Access” at “Privacy Setting”, via member profile) or through the MedibandPlus medical card or other Mediband ID product (if applicable). Access to your Emergency Record online if enabled, is granted if your MedibandPlus Membership number is correctly typed in.

6. Disclaimer of Warranties and Limitations of Liability

You assume the sole risk of using the MedibandPlus Application and the MedibandPlus Website, and agree that they are provided on an “as is” and “as available” basis, and without any warranty of any kind, whether express or implied, statutory or otherwise, including but not limited to any implied warranties of satisfactory quality, non-infringement of third party intellectual property rights and fitness for purpose. MedibandPlus makes no representation or warranty as to the accuracy reliability or completeness of the MedibandPlus Website and /or MedibandPlus Application or any links or communication provided on or by way of the MedibandPlus Application or the MedibandPlus Website.

MedibandPlus does not warrant that:

ANY OF YOUR PERSONAL INFORMATION WILL BE STORED, TRANSMITTED OR RECEIVED IN A TIMELY OR COMPLETE MANNER, OR THAT SUCH INFORMATION WILL REMAIN UNALTERED, UNCORRUPTED AND USABLE AS INTENDED.

THAT ANY CONTENT OR OTHER INFORMATION IS SECURE FROM ANY ATTACK OR ANY INTENTIONAL OR UNINTENTIONAL DAMAGE OR DELETION.

MEDIBANDPLUS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS AND CONSEQUENTIAL LOSS OR DAMAGE, PERSONAL INJURY OR DEATH AND LOSS OF PROFITS RESULTING FROM LOSS OF PERSONAL INFORMATION OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE MEDIBANDPLUS APPLICATION

MEDIBANDPLUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, ASSIGNS, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT ON THE MEDIBANDPLUS WEBSITE OR THE MEDIBANDPLUS APPLICATION. IN NO EVENT SHALL MEDIBANDPLUS’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE CHARGES PAID BY YOU IN RESPECT OF SAID SERVICE WHICH IS THE SUBJECT OF ANY CLAIM

7. Links to Other Web Sites

The MedibandPlus Website may contain links to other web sites. MedibandPlus is not responsible for the content of third party websites and MedibandPlus does not endorse any third-party advertisements on any websites that are accessible to or from the MedibandPlus Website. MedibandPlus makes no representation regarding their content or accuracy. Your use of third-party web sites is entirely at your own risk and subject to the terms of use for such sites.

8. Indemnity

You agree to defend, indemnify, and hold harmless MedibandPlus, its officers, directors, employees, agents, licensors, affiliates and suppliers from and against any claims, actions or demands, liabilities and settlements whatsoever including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

9. Safeguards and Security.

MedibandPlus does not warrant the accuracy of data you provide to MedibandPlus , or for the integrity of the computing systems you use to access the MedibandPlus Application or MedibandPlus Website. You are solely responsible for using and the correct use of the security features including without limitation passwords. Should your medical ID device and/or ID card become lost or stolen, resulting in your membership number to be compromised, it is your responsibility to submit a change of membership number, within your myMedibandPlus online account. It is also your responsibility to ensure that your new Membership number matches and is recorded on your medical ID devices and/or ID card.

10. Complete Agreement

This Agreement constitutes the entire agreement between you and MedibandPlus with respect to the use of the MedibandPlus Website or the MedibandPlus Application.

11. No Assignment

You shall not assign this Agreement or any of your rights or obligations hereunder.

12. Choice of Law, Jurisdiction & Amendment

These Terms shall be governed by and construed in accordance with Australian law in the state of New South Wales and MedibandPlus and you irrevocably submit for all purposes in connection with this Agreement to the exclusive jurisdiction of the courts of New South Wales, Australia.

Access to the MedibandPlus Website and MedibandPlus Application may not be legal by certain persons or in certain countries. If you access the MedibandPlus Website from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and every other jurisdiction that may apply.

To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms it shall not affect the enforceability of the remainder of these Terms and Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

These Terms set out the entire agreement and understanding between the parties in respect of the subject matter of these Terms. No purported variation of these Terms shall be effective unless it is in writing and signed by MedibandPlus.

General Terms & Conditions

MedibandPlus Website Terms and Conditions of Use

Welcome to the MedibandPlus Limited MedibandPlus website. This website is owned by Randall Family Trust, a private Trust, incorporated in New South Wales, Australia whose trustee is Randall Communications Pty Ltd. “MedibandPlus”, “us” “our” or “we” refers to MedibandPlus Limited, the term “you” or “your” refers to the user or viewer of our website.

Using This Website

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the MedibandPlus privacy policy govern MedibandPlus’s relationship with you in relation to the use of this website. All products and services that are detailed on this website are subject to their specific terms and conditions of use and are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard. The provision of details of products and services on this website are not, and should not be construed as, an offer to sell or buy such products or services by MedibandPlus. MedibandPlus may accept or reject your offer at its sole discretion. From time to time we may change these terms and conditions, and will post revisions on our website. We recommend that you read these terms and conditions regularly.

Payment Methods & Policies

We accept payments in the form of EFT, Visa, MasterCard, American Express, Official School Purchase Order and PayPal only. We only accept Money Orders or cheque for payment on official school and government Purchase Orders (PO). We will not accept any other forms of payment other than listed above. Any mailed orders with checks or money orders should include the PO number and MedibandPlus order number. All other cheques or money orders not associated with a PO will not be fulfilled or returned.

We do not ship orders COD; we do not offer credit terms or Nett 30 credit accounts. We are not responsible for delays in order processing due to declined credit cards, waiting for PayPal and/or cheques to clear, or delays in PO faxes. Paypal orders will ship once payment clears Paypal. Purchase orders will begin processing once the official purchase order is received (via fax, email, or mail) and verified. Payment terms for school purchase orders are Nett 30 days upon receipt of merchandise. Membership only becomes active once your payment clears and is deposited into our bank account. Australian residents will be charged Goods and Services Tax in the amount of 10%. We reserve the right to refuse service to anyone at any time for any reason.

Due to the expedited nature of the service once your medical ID card order is placed and payment verified it enters the production cycle. You must ensure that all information is correct before you submit your membership information for any medical ID cards issued.

Privacy

Use of the data that you provide to us, or which is collected by your use of this website, is governed by our Privacy Policy.

Access to the Website

We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, we cannot guarantee that your access will not be suspended or restricted from time to time (including without limitation) to allow for repairs, maintenance or the introduction of new features or services. We shall use our reasonable endeavours to try and limit the frequency and duration of any suspension or restriction.

Accounts and Passwords

Whether you are a MedibandPlus card/wristband holder or a subscriber to the MedibandPlus Online Medical Database, your personal details which are registered with us, allow you and only you to use the website for as long as we allow access, or in the case of a subscription for the period of the contract. Personal accounts may not be shared.

You are solely responsible for using and the correct use of the security features including without limitation passwords. Should your medical ID device and/or ID card become lost or stolen, resulting in your membership number being compromised, it is your responsibility to submit a change of membership number, within your myMedibandPlus online account. It is also your responsibility to ensure that your new Membership number matches and is recorded on your medical ID devices and/or ID card.

Intellectual property rights

This website contains material which is owned by or licensed to us; the content, layout, design, data and graphics on this website are protected by Australian and other international copyright laws. No part of the website may be reproduced, stored in a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording and/or otherwise) without our prior written consent. “Mediband” is a registered trade mark of Randall Communications Pty Ltd. All trade marks reproduced on this website, which are not our property, or licensed to us, are acknowledged on the website. Any use including framing, metatags or other text utilising the MedibandPlus trade mark or other trade marks that are displayed, is strictly prohibited without our (or our licensor's) express written consent.

Links

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without our prior written consent.

Disclaimer

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. To the fullest extent permitted by law, we are not responsible for any losses, injury or damage caused to any person or property (including under contract, by negligence, products liability or otherwise) whether they be direct or indirect, special, incidental or consequential, resulting from the use of this website.

Your conduct

You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:

Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity.

To send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.

To cause annoyance, inconvenience or needless anxiety.

Governing law

These terms and conditions shall be governed and construed in accordance with the laws of New South Wales a state of Australia, whose courts shall have exclusive jurisdiction.

Copyright © 2010 Randall Communications Pty Ltd and carrying trademarks of Mediband. Use of the website is subject to thesewhilst MedibandPlus adheres to this.

Randall Communications Pty Ltd is incorporated in Sydney, Australia at Suite 67, 20-28 Maddox St, Alexandria, NSW, 2015, Australia, Australian Company Number registration 109 872 362, Australian Business Number 96 253 825 058.