Welcome to the Western Kids Health website! This website, including these Website Terms of Use and our Privacy Policy is owned and operated by Western Kids Health (we, us, our) on the World Wide Web (WWW).
The Website is available for you to access, use and purchase services conditional upon your acceptance of our terms and conditions, notices and disclaimers, including terms of use or purchase (if any), set out below. By continuing to access or use the Website you are agreeing to the terms and conditions set out below. If you do not accept these Terms of Use, you must immediately cease to use the Website or any part of it.
1. Use of Material on the Website
1.1 Intellectual Property and General Terms
(a) Western Kids Health reserves all intellectual property rights including, but not limited to, copyright in material and/or services provided on the Website is for personal use and permitted non-commercial shared use only and must not be:
(i) re-sold and/or re-distributed in any material form;
(ii) stored in any storage media; and/or
(iii) re-transmitted in any media,
except as expressly permitted by this Website, without the prior written consent of Western Kids Health.
(b) Notwithstanding the above restrictions on the use of and access to this Website, you may access, use, download material or purchase services from the Website for your personal and permitted non-commercial shared use, provided you do not remove any copyright and trademark notices contained therein.
(c) For the purposes of paragraph (b) of this clause, permitted shared use means the non-commercial distribution, publication, posting or sharing by you of this Website on social media, chat rooms, SMS texting and email transmission to private non-commercial third parties.
(d) You may not in any form or by any means modify, copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, distribute or commercialise:
(i) the layout of the Website; or
(ii) any software or code contained in the Website.
1.2 Links to other Websites
(a) The Website may contain links to sites owned and operated by third parties and which are not under the control of Western Kids Health.
(b) In relation to other sites, which are linked to the Website, Western Kids Health:
(i) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Western Kids Health of the linked site; and
(ii) does not control and is not responsible for the content or material contained on those linked sites or any sites linking to our Website.
1.3 Warranties and Guarantees
(a) To the full extent permitted by law Western Kids Health disclaims any and all guarantees, conditions and warranties, express or implied, regarding:
(i) the accuracy, reliability, timeliness, usefulness or otherwise of any information contained or referred to on the Website and/or of any linked sites;
(ii) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites; and
(iii) the misinterpretation, incorrect or inappropriate clinical decisions that are taken from the Material and/or any linked sites.
(b) Western Kids Health will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law including, without limitation, direct or indirect, special, punitive, incidental, or consequential damages, losses or expenses (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(i) accessing or using, or your inability to access or use, this Website or any linked website;
(ii) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked websites; and
(iii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
(c) Western Kids Health does not warrant, guarantee or make any representation that:
(i) the Website or the server that makes the site available on the WWW are free of software viruses;
(ii) the functions contained on the Website will operate uninterrupted or are error-free; and
(iii) errors and defects in the Website will be corrected.
(d) Western Kids Health is not liable to you for any:
(i) error or omission in the Website and/or any linked sites;
(ii) delay to, interruption of or cessation of the services provided in the Website and/or linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of Western Kids Health, its employees or independent contractors, or through any other cause.
(e) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website or using other applications or software or the Material.
1.4 Limitation of liability
Clause 1.3 (Disclaimer 1) and/or clause 1.4 (Disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, the liability of Western Kids Health for any implied warranty or condition is limited, at the choice of Western Kids Health, to one or more of the following:
(a) If the breach of an implied warranty, condition or consumer guarantee under any applicable legislation or law relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again; and
(b) if the breach of an implied warranty, condition or consumer guarantee under any applicable legislation or law relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods; or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
1.5 Use of information gathered about you
In relation to all personal information uploaded to the Website, Western Kids Health undertakes to comply with the terms of our privacy policy. The privacy policy can be accessed on this Website by clicking on the footer link “Privacy Policy”.
1.6 Termination of access
Western Kids Health may terminate access to the Website to you without giving any explanation or justification for the termination of access, and Western Kids Health has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
1.8 Alteration of Terms of Access
Western Kids Health reserves the right to change these Terms of Use:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such a change.
2. Relevant jurisdiction
2.1 If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
2.2 These Terms of Use will be governed by and interpreted in accordance with the law of the State of Western Australia without giving effect to any principles of conflicts of laws.
2.3 You agree to the jurisdiction of the courts of the State of Western Australia to determine any dispute arising out of these Terms of Use.
