EssentialGP Terms Of Service

The following Terms of Service constitute an agreement between you and essentialGP, the operator of the website www.essentialGP.com.au (the “Site”) who may also be referred to as "we" or "us". This agreement ("Terms of Service") governs your use of the Site. By browsing the Site, you signify that you agree to these Terms of Service, that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in the State of New South Wales, Australia any dispute that you may have with us, our suppliers, or the Site. Please note that we offer the Site "AS IS" and without warranties whether express or implied.

Please read the Terms of Service carefully before you use this Site. 

The Site is an information resource only and should not be a substitute for medical advice, diagnosis or treatment.

1. About the Site

The Site contains a range of information about health and wellbeing which is made available on the basis that essentialGP is not providing professional advice. The Site contains links to a range of fact sheets provided by external parties, the authors of the content are those persons identified on the relevant site. essentialGP does not accept or endorse the content of such posts.

This site also posts blog entries prepared by essentialGP regarding a number of particular health conditions. This content has been uploaded as a general guide to these health conditions and, as explained further in clause 5 of these Terms, the blog posts are not intended to be, and should not be treated as, medical advice.

2. Changes to These Terms of Service

We may change these Terms of Service at any time, as we deem appropriate. If we make changes we will let you know by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, you should discontinue your use of the Site. Your ongoing use of any of the Services or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.

3. We Do Not Provide Medical Advice

This Site and the Services offer health information, designed for educational purposes only. You must not rely on this information as a substitute for, nor does the information replace, professional medical advice, diagnosis or treatment. The information on the Site is not intended to be medical advice: the information should not be used to diagnose, treat, cure or prevent any medical condition and should not be used for therapeutic purposes. essentialGP does not endorse, accept or adopt the Health Care Practitioners appearing on its site, or any other Health Care Practitioners, including specialist practitioners, to whom you may be referred as a result of using its site.  If you have any concerns or questions about your health, you should always take your own steps to seek out and consult with a suitably qualified healthcare professional. Do not disregard, avoid or delay obtaining medical or health-related advice from your health care practitioner because of something you may have read on this Site. Nothing stated or posted on this Site or available through any Services is intended to be, and must not be taken to be, the practice of medical or counselling care. Developments in medical research may impact the information that appears on the Site. No assurance can be given that the information contained in this Site will always include the most recent findings or developments with respect to a particular topic. Your access or use of this Site and the Services does not create in any way a practitioner/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our contributors. We do not recommend or endorse any specific tests, health-care practitioners, procedures, opinions or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.

4. Your Responsibilities

You are responsible for all use of the Site and Services. You may use the Site and Services for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and/or Services. You may not attempt to gain unauthorised access to any Services, user accounts or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

5. Limitation on Use of Automated Tools

You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission.

6. Changes to the Services

We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site and the use of new Services will be governed by these Terms of Service.

7. Links to Other Sites

The Site includes links to other websites. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

8. Content You Post or Submit

a) When participating in our comments section you must comply with these Terms of Service and the Community Guidelines.

b) You are solely responsible for any content and other material ("Content") that you submit, publish or display on the Site or transmit to other members and/or other website users (hereinafter, "Posted Content".

c) You must not provide any Posted Content that falsely represents (expressly or implied) that such Content is sponsored or endorsed by essentialGP.

d) You must not provide any Posted Content that is unlawful or that promotes or encourages illegal activity, including but not limited to any Posted Content which would breach the Therapeutic Goods Act 1989, Therapeutic Goods Regulations 1990, the Therapeutic Goods Advertising Code and/or the Competition and Consumer Act 2010 (including schedule 2: The Australian Consumer Law). 

e) The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Site. You understand and agree that we may investigate and delete any business or organisation listings (including name, address, phone, fax or distance) or other Posted Content that, in the sole judgment of essentialGP, violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm or threaten the safety of other users or members of the Site and/or other website users. In particular, you must not post Content that:

  • is false, deceptive or misleading (or is likely to mislead or deceive);
  • is patently offensive to users of the Site, such as messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person or group;
  • involves the transmission of unsolicited mass mailing or "spamming";
  • infringes the intellectual property or other rights of any person;
  • violates publicity, privacy or other rights of any party;
  • promotes illegal activities or conduct that is abusive;
  • in respect of any testimonial, is not able to be substantiated and/or is not genuine, truthful and/or accurate;
  • is threatening, obscene or defamatory;
  • is pornographic or sexually explicit in nature.

f) essentialGP reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.

g) You agree that you will only provide Posted Content including, but not limited to any testimonials, that you believe to be true and able to be substantiated and you will not purposely provide false or misleading information.

h) By posting Posted Content on the Site, you agree to, and hereby grant and represent and warrant that you have the right to grant, essentialGP, its contractors, and the users of the essentialGP Site an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that we shall have the exclusive right to enjoy this license to the extent of combining your Posted Content with the Posted Content of other essentialGP users for purposes of constructing or populating a searchable database.

9. Our Ownership and Your Use of Content

Subject to 8 above, all of the Content available on or through the Services and/or the Site is owned by us and our contributors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. It may also have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only, unless expressly authorised by essentialGP. You may also print, download and store articles and other information for your own convenience, but you must not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain.

10. Linking To This Website

You generally do not need to obtain permission from essentialGP to put a text link on your site that links back to the Site. We reserve the right to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, contact us for guidelines on how you should display the link.

11. International Use

The Site and Services, including the information provided on the Site, are designed for and intended for users in Australia only. We make no representation that the Site or Services are applicable to, appropriate for or available to users in locations outside Australia. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside Australia, you do so on your own initiative and you are responsible for compliance with local laws.

12. We Make No Warranties

We provide the Site and the Services "as is", "with all faults" and "as available." We make no express or implied warranties or guarantees about the Site and Services. To the extent permitted by law, we make no express or implied warranty or representation in respect of the information on the Site and the Services, including but not limited to the completeness, currency, availability, reliability, suitability and/or accuracy of any information on the Site. We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable, accurate or meet your requirements.

We do not guarantee that you will be able to access or use the Site and/or the Services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by a essentialGP representative shall create a warranty. You use the Site and the Services at your own risk.

13. Security

essentialGP takes reasonable steps to secure the Site. However, you acknowledge that there are risks that information which is sent to or from the Site may be modified, intercepted or corrupted by third parties. Furthermore, you acknowledge that there is a risk that material downloaded from the Site may contain viruses, worms or other defects or devices. essentialGP accepts no liability for any damages to or interference with your computer or device used in connection with the Site. You agree that your use of the Site and/or Services is solely at your own risk.

14. General Limitation of Liability

You agree that your use of any information on the Site and/or the Services is at your own risk entirely and that the Site may contain inaccuracies or errors.

We shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the Site and/or Services.

15. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies and suppliers, from all liabilities, claims, damages, loss and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services including, but not limited to, your reliance on any information presented on the Site and your Posted Content. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

16. Entire Agreement

The Agreement and any supplemental terms, policies, rules and guidelines posted on the Site and/or the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

17. Choice of Law and Location for Resolving Disputes

You agree that the law of the State of New South Wales, Australia governs these Terms of Service and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New South Wales.

18. Trade Marks

All trade marks appearing on the Site are the property of their respective owners, including, without limitation, essentialGP. No right, license or interest to such trade marks is granted by this Agreement.

19. General

The failure of essentialGP to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You may not delegate your duties under this Agreement, or assign this Agreement or your essentialGP accounts, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganisation or sale of all, or substantially all, of its related assets or similar transaction. essentialGP may assign any of its rights and obligations under this Agreement without consent including, in connection with any merger (including by operation of law), consolidation, reorganisation, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.

This Agreement constitutes the entire agreement between you and essentialGP and governs your use of the Site, superseding any prior agreements (whether written or oral) between you and essentialGP regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

essentialGP regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

essentialGP may provide you with notices, including those regarding changes to this Agreement or any of essentialGP's terms and conditions, by email or postings on the Site. Notice will be deemed given twenty-four (24) hours after such an email is sent or notice is posted. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the Site) are deemed given two (2) days following the initial posting.

20. Contact

You may contact essentialGP by email at: info@essentialGP.com.au