Terms and Conditions of Use
1. About the Website
1.1. Welcome to https://agcts.org.au (‘Website’). The Website provides gene cell
therapy information and resources.
1.2. The Website is operated by Australasian Gene and Cell Therapy Society (AGCTS)
(ABN 84 866 293 264). Access to and use of the Website, or any of its associated
Products or Services, is provided by Australasian Gene and Cell Therapy Society
(AGCTS). Please read these terms and conditions (‘Terms’) carefully. By using,
browsing and/or reading the Website, this signifies that you have read, understood
and agree to be bound by the Terms. If you do not agree with the Terms, you must
cease usage of the Website, or any of Services, immediately.
1.3. Australasian Gene and Cell Therapy Society (AGCTS) reserves the right to review
and change any of the Terms by updating this page at its sole discretion. When
Australasian Gene and Cell Therapy Society (AGCTS) updates the Terms, it will
use reasonable endeavours to provide you with notice of updates to the Terms. Any
changes to the Terms take immediate effect from the date of their publication.
Before you continue, we recommend you keep a copy of the Terms for your
records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Australasian Gene and Cell Therapy Society (AGCTS) in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, the content and all of the related products of Australasian Gene and
Cell Therapy Society (AGCTS) are subject to copyright. The material on the
Website is protected by copyright under the laws of Australia and through
international treaties. Unless otherwise indicated, all rights (including copyright) in
the content and compilation of the Website (including but not limited to text,
graphics, logos, button icons, video images, audio clips, Website, code, scripts,
design elements and interactive features) or the content are owned or controlled for
these purposes, and are reserved by Australasian Gene and Cell Therapy Society
(AGCTS) or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or
licensed by Australasian Gene and Cell Therapy Society (AGCTS), who grants to
you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a
Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your
device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Australasian Gene and Cell Therapy Society (AGCTS) does not grant you any other
rights whatsoever in relation to the Website or the content. All other rights are
expressly reserved by Australasian Gene and Cell Therapy Society (AGCTS).
3.3. Australasian Gene and Cell Therapy Society (AGCTS) retains all rights, title and
interest in and to the Website and all related content. Nothing you do on or in
relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade
mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process),
to you.
3.4. You may not, without the prior written permission of Australasian Gene and Cell
Therapy Society (AGCTS) and the permission of any other relevant rights owners:
broadcast, republish, up-load to a third party, transmit, post, distribute, show or play
in public, adapt or change in any way the content or third party content for any
purpose, unless otherwise provided by these Terms. This prohibition does not
extend to materials on the Website, which are freely available for re-use or are in
the public domain.
4. Privacy
Australasian Gene and Cell Therapy Society (AGCTS) takes your privacy seriously and
any information provided through your use of the Website and/or content are subject to
Australasian Gene and Cell Therapy Society (AGCTS)’s Privacy Policy, which is available
on the Website.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations
or conditions implied or imposed by law, including the Australian Consumer Law (or
any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
(b) Australasian Gene and Cell Therapy Society (AGCTS) will not be liable for any
special, indirect or consequential loss or damage (unless such loss or damage
is reasonably foreseeable resulting from our failure to meet an applicable
Consumer Guarantee), loss of profit or opportunity, or damage to goodwill
arising out of or in connection with the content or these Terms (including as a
result of not being able to use the content or the late supply of the content),
whether at common law, under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
5.3. Use of the Website and the content is at your own risk. Everything on the Website
and the content is provided to you “as is” and “as available” without warranty or
condition of any kind. None of the affiliates, directors, officers, employees, agents,
contributors and licensors of Australasian Gene and Cell Therapy Society (AGCTS)
make any express or implied representation or warranty about the content or any
products or content (including the products or content of Australasian Gene and
Cell Therapy Society (AGCTS)) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other
harmful component, loss of data, communication line failure, unlawful third
party conduct, or theft, destruction, alteration or unauthorised access to
records;
(b) the accuracy, suitability or currency of any information on the Website, the
content, or any of its content related products (including third party material
and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the
products of Australasian Gene and Cell Therapy Society (AGCTS); and
(d) the content or operation in respect to links which are provided for your
convenience.
6. Limitation of liability
6.1. Australasian Gene and Cell Therapy Society (AGCTS)’s total liability arising out of
or in connection with the content or these Terms, however arising, including under
contract, tort (including negligence), in equity, under statute or otherwise, will not
exceed the resupply of the content to you.
6.2. You expressly understand and agree that Australasian Gene and Cell Therapy
Society (AGCTS), its affiliates, employees, agents, contributors and licensors shall
not be liable to you for any direct, indirect, incidental, special consequential or
exemplary damages which may be incurred by you, however caused and under any
theory of liability. This shall include, but is not limited to, any loss of profit (whether
incurred directly or indirectly), any loss of goodwill or business reputation and any
other intangible loss.
6.3. You acknowledge and agree that Australasian Gene and Cell Therapy Society
(AGCTS) holds no liability for any direct, indirect, incidental, special consequential
or exemplary damages which may be incurred by you as a result of providing your
content to the Website.
7. Termination of Contract
7.1. If you want to terminate the Terms, you may do so by providing Australasian Gene
and Cell Therapy Society (AGCTS) with 30 days’ notice of your intention to
terminate by sending notice of your intention to terminate to Australasian Gene and
Cell Therapy Society (AGCTS) via the ‘Contact Us’ link on our homepage.
7.2. Australasian Gene and Cell Therapy Society (AGCTS) may at any time, terminate
the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Australasian Gene and Cell Therapy Society (AGCTS) is required to do so by
law;
(c) Australasian Gene and Cell Therapy Society (AGCTS) is transitioning to no
longer providing the Services to Members in the country in which you are
resident or from which you use the service; or
(d) the provision of the Services to you by Australasian Gene and Cell Therapy
Society (AGCTS), is in the opinion of Australasian Gene and Cell Therapy
Society (AGCTS), no longer commercially viable.
7.3. Subject to local applicable laws, Australasian Gene and Cell Therapy Society
(AGCTS) reserves the right to discontinue or cancel your access at any time and
may suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Services without notice if you breach any provision of the Terms or
any applicable law or if your conduct impacts Australasian Gene and Cell Therapy
Society (AGCTS)’s name or reputation or violates the rights of those of another
party.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Australasian Gene and Cell Therapy Society (AGCTS) have benefitted
from, been subject to (or which have accrued over time whilst the Terms have been
in force) or which are expressed to continue indefinitely, shall be unaffected by this
cessation, and the provisions of this clause shall continue to apply to such rights,
obligations and liabilities indefinitely.
8. Indemnity
8.1. You agree to indemnify Australasian Gene and Cell Therapy Society (AGCTS), its
affiliates, employees, agents, contributors, third party content providers and
licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on
the Website or attempts to do so; and/or
(c) any breach of the Terms.
9. Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is
sought).
9.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute
has not been resolved, the Parties must either agree upon selection of a
mediator or request that an appropriate mediator be appointed by the
President of the society or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a precondition
to the mediation commencing. The Parties must each pay their own
costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
9.4. Confidential
All communications concerning negotiations made by the Parties arising out of and
in connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
9.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by Australasian Gene and Cell Therapy Society (AGCTS) is intended to be viewed by residents of Australasia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
11. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.