IMI - Integrated Mind Institute

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Clinic Manager
Medical Practitioner
Terms and Conditions:	Terms and Conditions --------------------------- Note: This agreement applies to the use of this website, www.imscreen.org. The Legal section of this accreditation process describes the two other agreements that will complete your accreditation: a) the business contract with IMI, and b) the End User License Agreement for the IM Screen software delivered to patients. --------------------------- The following describes the general terms and conditions applicable to services (the "Services") to be provided by Integrated Mind Institute Pty Ltd (IMI - the “Company”), 11 Kadina St. North Perth Western Australia, including Services provided at www.imscreen.org (the "Site"). Additional terms apply to use of the Site (see Terms of Use), as well as other specific Services. "You" or "member" refers to the party registering to use the Services. Confidential Information Each party acknowledges that it may have access to the other party's confidential information, which may include but is not limited to information concerning the Services and other users of the Services (the "Confidential Information"). The receiving party agrees that it will not use for its own account or the account of any third party, except for the performance of this agreement, nor disclose to any third party except as required by law, any Confidential Information and will take reasonable precautions to protect the confidentiality of such information. In the event that receiving party is required by law to make any disclosure of any Confidential Information, such party shall give written notice of such requirement to the other party, and permit such party to seek appropriate protective relief. These restrictions shall not apply to information that is or becomes part of the public domain without fault of the receiving party, or to information receives from a third party that can disclose the information without breaching a duty to the disclosing party hereunder. You agree to comply with all copyright and proprietary rights notices contained on or in any IMI materials or information obtained or accessed through the Services. Proprietary Rights/Copyright All rights in and to the Site, the IMI database (the "Database"), the written components thereof and the services available on the Site and materials provided in connection therewith are proprietary to IMI. The Site, its content and the materials utilised by IMI in rendering Services are protected by copyright, both with respect to individual content and as a collective work and/or compilation, pursuant to Australian and US copyright laws, international conventions, and other copyright laws. You may not modify, publish, create derivative works from, distribute or otherwise exploit any of the content or software on the Site, or other IMI materials without our prior written consent. You may, however, print portions of the Site's content for individual use, provided that you maintain all copyright and other notices contained in such content. Breach Either party may terminate this relationship (including your membership privileges, if any) upon notice to the other upon a breach of these General Terms and Conditions, or any additional applicable terms, and failure to correct the breach within a reasonable time thereafter. IMI may terminate your use of Services available through the Site immediately if we are unable to verify or authenticate any information you provide. Force Majeure IMI will not be liable for delays, errors or omissions in performance due to your failure to provide required resources, access to personnel, information or facilities or to causes beyond its reasonable control, and will be entitled to a reasonable extension of time to remedy any such delay or failure to perform. No Warranties EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS". IMI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES. Limited Liability IMI SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS OF THIRD PARTY INFRINGEMENT), EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. IN ADDITION, UNDER NO CIRCUMSTANCES WILL IMI BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES IN EXCESS OF THE FEES PAID IT BY YOU DURING THE LAST TWELVE MONTHS REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at IMI's request defend IMI from, third party claims arising out of information you provide IMI for publication or any breach by you or any user of your account of your agreements and representations contained in these General Terms and Conditions or other terms applicable to any Service. No Agency You and IMI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms. Notices Except as explicitly stated otherwise, any notices must be given by email to registration@imscreen.org (in our case) or to the email address you provide to us during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. General These General Terms and Conditions, together with other terms applicable to any Service, constitute the entire agreement between the parties relating to the subject hereof and may not be amended except in writing signed by both parties. No provision of any purchase order or other instrument issued by you in connection with any Service that is in addition to or inconsistent with the foregoing shall bind IMI. These terms are governed by Australian law and you consent to jurisdiction in Australia. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You further agree that in the event of any dispute which cannot be settled amicably, such dispute will be finally settled by arbitration under the Arbitration Rules (International Arbitration Rules for non-Aust. entities) of the Australian Arbitration Association. Terms of Use (Membership) The following, together with the General Terms and Conditions, describes the Terms of Use applicable to the use by you and each user of your account of the Services available at the Site. Additional terms apply to as other specific Services. Registration/Accreditation/Membership To use the Site, you must register and be accredited by IMI to become a member. Your membership will remain active for your applicable term of membership or until cancelled. You may cancel your membership at any time by contacting registration@imscreen.org. Termination shall not entitle you to a refund of any fees or costs. If the member is a corporation or entity other than an individual person, you represent that (i) the person completing the registration information is the authorized representative of the member (ii) the information regarding the member is accurate, and (iii) corporate or other institutional authority exists in the person executing the attached Proposal and completing the registration to bind the member to pursuant to these terms. If you have chosen to have group access to the Services, you will designate an authorized administrator(s) having authority to release information for publication and act on behalf of the member. IMI shall be entitled to rely on instructions from such designee(s). As part of the registration/accreditation process, you will be provided with a user name and password. You may customise (modify) these. You agree that your registration/accreditation information will at all times correctly represent your professional affiliation, experience, qualifications, and ability to transact business. You may not use a login name of another entity or person. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. You agree to notify IMI at registration@imscreen.org of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password(s). IMI reserves the right to change membership fees at any time, effective on your next renewal date after posting a new fee schedule. The Site IMI will use diligent efforts to maintain the Site; however, operation of the Site and Services available over the Internet may be interfered with by numerous factors outside of IMI's control and it cannot guarantee continuous, uninterrupted access to such Services. IMI reserves the right to add, delete or change Services available through the Site at any time. System Integrity/Compliance You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of any feedback system, such as: leaving feedback for yourself; leaving feedback for other users using secondary accounts or third parties; or leaving feedback intended to influence action that is outside the scope of the Site. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and transfers of technologies in which you are involved, including without limitation all applicable import/export requirements, and IMI will have no responsibility with respect thereto.