These Services are operated by Crystal Medical Services Pty Ltd and its subsidiary
Msasa Media Services Pty Ltd (herein referred to as the “Company”, “we”, “us” or
“our”). Please read these Terms of Service (“Agreement”) carefully, as it
constitutes legally binding terms and conditions and applies to your use of any
developed mobile application or website (collectively, the “Services”) developed
or created by Crystal Medical Services Pty Ltd. This Agreement applies whether
you are accessing the Services via a wireless or mobile device, a television, a
personal computer, or any other device (each, a “Device”). This Agreement does
not cover other services, websites or any corresponding content, features, and
activities made available by any other company or third party, unless specifically
stated.
This Agreement applies to all users of the Services, regardless of media, and
whether you have registered for same. By using the Services, you agree to comply
with this Agreement, our Privacy Policy, and all applicable laws and regulations.
The Privacy Policy is hereby incorporated into this Agreement by reference as
though fully set forth herein.
We may modify this Agreement from time to time and at any
time in our sole discretion. Once we post or make them available, these changes
become effective immediately and if you use the Services after they become
effective it will signify your agreement to be bound by the changes. We
recommend that you check back frequently and review this Agreement regularly,
so you are aware of the most current rights and obligations that apply to you.
Crystal Medical Services Pty Ltd operates several public-facing apps
and websites, including CMSTV, and makes content available to mobile and
television users. Content that is available for sale (“In-App Purchases”), are subject
to the terms and conditions of the entity that operates the app store from which
they are purchased, which are accessible on that entity’s website.
Access to the Services and any associated content or websites does not
create a professional services relationship or any other relationship Crystal Medical
Services Pty Ltd.
In order to access and use the same features of Services, we
may require that you register on the Site and have a unique username and password
combination (“User Credentials”) and provide certain additional information,
which may include, without limitation, your email address, name, and related
information (collectively, a “User Account”). You represent and warrant that all
registration and account information you submit is truthful and accurate and you
shall maintain and promptly update the accuracy of such information. Further, if
you elect to become a registered user of the Services, you are responsible for
maintaining the confidentiality of your User Credentials, and you shall be
responsible and liable for any access to or use of the Services by you or any person
or entity using your User Credentials, whether or not such access or use has been
authorized by you or on your behalf, and whether or not such person or entity is
your employee or agent. You agree to immediately notify Company of any
unauthorized use of your User Credentials or User Account, or any other breach of
security. It is your sole responsibility to (a) control the dissemination and use of
your User Credentials and User Account, (b) update, maintain and control access
to your User Credentials and User Account, and (c) cancel your User Account on
the Services. We reserve the right to deny access, use and registration privileges to
any user of the Services for any reason, including, without limitation, if we believe
there is a question about the identity of the person trying to access any account or
element of the Services. Company shall not be responsible or liable for any loss or
damage arising from your failure to comply with this Article 4.
The appearance, availability, or your use of
(a) URLs or hyperlinks referenced or included anywhere in connection with the
Services or any other form of link or re-direction of your connection to, with or
through the Services, or (b) any third party websites, content, data, information,
applications, goods, services or materials, including Platforms (collectively, “Third
Party Services”) does not constitute an endorsement by, nor does it incur any
obligation, responsibility or liability on the part of Company, its affiliates, or any
of their respective successors and assigns, directors, officers, employees,
representatives, agents, licensors, advertisers, suppliers, operators or service
providers. We do not verify, endorse, or have any responsibility for Third Party
Services and any third-party business practices (including, without limitation, their
privacy policies), whether the Services’ or Company’s logo and/or sponsorship
identification is on the Third-Party Services as part of a co-branding or
promotional arrangement or otherwise. If any Third-Party Services you interact
with obtains or collects personal information from you, in no event shall we
assume or have any responsibility or liability. Accordingly, we encourage you to
be aware when you leave the Services and to read the terms and conditions and
privacy policy of each Third-Party Service you use.
From time to time, you may choose to communicate with,
interact with, or obtain Third Party Services from our advertisers, sponsors, or
other promotional partners (collectively, “Advertisers”) found on or through the
Services or via a hyperlinked website or platform. All such communication, interaction and participation is strictly and solely between you and such
Advertisers and we shall not be responsible or liable to you in any way in
connection with these activities or transactions (including, without limitation, any
representations, warranties, covenants, contracts or other terms or conditions that
may exist between you and the Advertisers or any goods or services you may
purchase or obtain from any Advertiser).
You agree to indemnify, defend and hold Company, its affiliates,
subsidiaries and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, Operators, suppliers and
service providers harmless from any and all claims, liabilities, damages, losses,
costs and expenses (including reasonable attorneys’ fees), arising in any way out of
or in connection with (a) your use of the Services, (b) your breach or violation this
Agreement or (c) your User Materials. Company reserves the right to assume the
exclusive defence and control of any matter subject to indemnification by you and
all negotiations for its settlement or compromise, and you agree to fully cooperate
with us upon our request.
THE SERVICES,
AND ALL COMPANY CONTENT, PRODUCTS, SERVICES AND USER
MATERIALS MADE AVAILABLE ON, THROUGH OR IN CONNECTION
THEREWITH, INCLUDING IN CONNECTION WITH ANY PLATFORM,
OPERATOR OR THIRD PARTY PROCESSORS, ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND,
EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE
SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS,
FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE
AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED
REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO
THE SERVICES AND THE SITE, AND ALL COMPANY CONTENT,
PRODUCTS, SERVICES AND USER MATERIALS ARE HEREBY
DISCLAIMED. FURTHER, COMPANY ACCEPTS NO RESPONSIBILITY OR
LIABILITY FOR ANY END USER CONDUCT IN CONNECTION WITH (A)
THE DOWNLOAD, PURCHASE AND/OR USE OF ANY SERVICES,
INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT MADE
AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, OR (B)
ANY OTHER LOSS OR DAMAGE WHATSOEVER, IN EACH INSTANCE,
RELATING TO OR IN CONNECTION WITH ANY END USER’S
DOWNLOAD, PURCHASE AND/OR USE OF ANY SERVICES, INCLUDING,
WITHOUT LIMITATION, ANY USER CONTENT AND/OR ANY OTHER
END USER OR THIRD PARTY CONDUCT. Without limiting the foregoing, we
are not responsible or liable for any malicious code, delays, inaccuracies, errors, or
omissions arising out of your use of the Services. You understand, acknowledge,
and agree that you are assuming the entire risk as to the quality, accuracy,
performance, timeliness, adequacy, completeness, correctness, authenticity,
security and validity of any and all features and functions of the Services,
including, without limitation, User Materials and Company Content associated
with your use of the Services.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, COMPANY, ITS AFFILIATES, AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS,
SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR
INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE
SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
You further understand and acknowledge the capacity of the Services, in the
aggregate and for each user, is limited. Consequently, some messages and
transmissions, including, without limitation, User Content, may not be processed in
a timely fashion or at all, and some features or functions, including, without
limitation, Updates, may be restricted or delayed or become completely inoperable.
As a result, you acknowledge and agree that Company assumes no liability,
responsibility, or obligation to transmit, process, store, receive or deliver
transactions or User Content or for any failure or delay associated with any User
Content and you are hereby expressly advised not to rely upon the timeliness or
performance of the Services for any transactions or User Content. Some
jurisdictions do not allow for the exclusion of certain warranties or certain
limitations on damages and remedies, accordingly some of the exclusions and
limitations described in this Agreement may not apply to you.
Company shall not be deemed to be in default of or to have
breached any provision of this Agreement as a result of any delay, failure in
performance or interruption in connection with any product or service offered by
Company or any third party resulting directly or indirectly from any cause beyond
the reasonable control of Company, including, without limitation, an act of war or
terrorism, failure of electricity supply, systems or connections, service
interruptions, natural disaster, third party service provider failure or delay in
performance, civil commotion, governmental action, labour dispute, act of God or
other causes beyond the reasonable control of Company.
This Agreement, and any rights, licenses and privileges granted
herein, may not be transferred, or assigned by you, but may be assigned or
transferred by Company without restriction, notice or other obligation to you or
any third party.
14.1 This Agreement contain the entire understanding and agreement between you
and Company concerning the Services and supersedes any and all prior or
inconsistent understandings relating to the Services and your use thereof. This
Agreement cannot be changed orally. If any provision of this Agreement is held to
be illegal, invalid, or unenforceable, this shall not affect any other provisions and
this Agreement shall be deemed amended to the extent necessary to make it legal,
valid, and enforceable. Any provision which must survive in order to allow us to
enforce its meaning shall survive the termination of this Agreement; however, no
action arising out of this Agreement or your use of the Services, regardless of form
or the basis of the claim, may be brought by you more than one year after the cause
of action has arisen (or if multiple causes, from the date the first such case arose).
The failure of Company to exercise or enforce any right or provision of this
Agreement will not operate as a waiver of such right or provision.
14.2 This Agreement and your use of the Services is governed by, construed and
enforced in accordance with the internal substantive laws of Australia (applicable
to contracts made, executed and wholly performed in Australia), and, for the
purposes of any and all legal or equitable actions, you specifically agree and
submit to the exclusive jurisdiction and venue of the State and Federal Courts
situated in the State of Queensland and agree you shall not object to such
jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non
convenient or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED
TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER
THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO
THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT
YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
14.3 Company is based in Australia and the Services are controlled and hosted by
Company from its offices in Australia. Company makes no representation or
warranty that the Services or Company Content contained on or made available in
connection therewith is legal, appropriate, or available for use in other locations.
Those who choose to access the Services from other locations do so at their own
risk and are responsible for compliance with any and all local laws, rules and
regulations, if and to the extent local laws, rules and regulations are applicable. No
software made available in connection with the Services may be downloaded,
exported, or re-exported into (or to a national or resident of) any country we have
geo-restricted.
This Agreement was last modified on 30/04/2022 and is effective immediately.
Crystal Medical Services Pty Ltd.
