Terms of service

Dr Benjamin Forster
Suite 7, Level 3, The Poche Centre
40 Rocklands Rd
North Sydney NSW 2060

Effective Date: 20 February 2022

These terms of service and the privacy policy (collectively, the Terms) set out the terms and conditions that apply to your use of the Ben Forster Medical Services website (website) operated and offered by Ben Forster Medical Services Pty Ltd (ACN 656 471 260) as trustee for the Ben Forster Medical Services Trust and its associated entities (BFMS). By using the website (other than to read this page for the first time), you agree to comply with, use in accordance with, and be bound by all of the terms and conditions set out herein.

1 Privacy Policy

In accepting these Terms you also confirm that you have read and accept our Privacy Policy (PP). You can read our Privacy Policy here.

2 Acceptable use

2.1 Your obligations

(a) You must not, and you must ensure that your personnel do not:

(i) agree to, and must not authorise or encourage any third party, whether knowingly or unknowingly, to:

(A) use the website to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, worms, Trojan horses or other disruptive software element or is otherwise objectionable as reasonably determined by BFMS;

(B) use the website to upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

(D) use the website to invade the personal privacy of others or other users;

(E) use the website for any fraudulent, unlawful or inappropriate purpose; or

(F) copy, reproduce, modify, disassemble, reverse compile or otherwise seek to obtain the source code of any aspect of the website.

(b) If you become aware of any security breach, you must inform BFMS immediately.

2.2 Your liability and our rights

(a) You must ensure that all your personnel who have access to the website are authorised by you to do so and are using the website only in accordance with these Terms.

(b) You acknowledge and agree that BFMS neither endorses the content of any data or information uploaded by you to the website, nor assumes responsibility for such content. You are solely responsible and liable for your conduct, your data and your information and content uploaded to the website. You agree to indemnify and keep indemnified BFMS from any loss, cost liability, and expense howsoever arising from or related to your data, information, content or your use of BFMS.

(c) You acknowledge and agree that you may be restricted from accessing the website if, in BFMS’s reasonable opinion, you are in breach of any of these Terms.

(d) BFMS reserves the right to cancel or refuse to offer the website to anyone at any time at its sole and absolute discretion in addition to any other remedy that may be available to BFMS under contract or at law.

(e) You acknowledge that the website is not a secure data storage facility for primary information that you wish to retain. BFMS reserves the right to delete content stored by you at any time without notice, and this may directly affect your use of the website. BFMS must endeavour to act reasonably in exercising these rights, but if you wish to keep your content perpetually, you should take other measures to ensure safe and secure storage of your content.

3 No Warranties

(a) The website is provided on an “AS-IS, AS-AVAILABLE” basis. BFMS does not warrant that the use of the website will be uninterrupted or that the website will be error-free or that defects in it will be corrected. Use of the website and uploads to and downloads from the website are at your own risk.

(b) To the maximum extent permitted by law, BFMS does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, the implied warranties of merchantability or fitness for a particular purpose) with regard to the website, and will not be liable for any cost or damage arising either directly or indirectly from your use of the website.

(i) any incidental, consequential or indirect damages (including, but not limited to, damages for loss of life, personal injury, loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the website, or any information provided on or downloaded from the website, even if BFMS or its authorised representatives have been advised of the possibility of such damages; or

(ii) any claim attributable to errors, omissions or other inaccuracies contained on the website.

4 Trademarks

(a) BFMS does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your website account.

(b) BFMS will not use any of your content for any purpose other than to provide you with the website and for such other purposes as authorised by you from time-to-time.

(c) BFMS marks and other trademarks and/or service marks (including logos and designs) whether registered or not, that identify BFMS and the goods and/or services provided by BFMS may not be used under any circumstances without the prior written consent of BFMS. Such marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written consent of BFMS.

5 Dispute resolution

(a) Any dispute between the parties in connection with these Terms (Dispute) must be attempted to be resolved by the following procedure (Mediation) before a party may commence any Court proceedings in connection with the Dispute:

(i) either party may start a Mediation by serving a notice to that effect on the other party (Mediation Notice);

(ii) the Mediation Notice must state that a dispute has arisen and identify what is in dispute;

(iii) the parties must jointly appoint a mediator within fourteen (14) days of the service of the Mediation Notice, failing which a mediator is to be appointed by the then CEO of the Law Society of New South Wales on the application of either party (in either case, the person so appointed is now called the Mediator);

(iv) the parties must observe the instructions of the Mediator about the conduct of the Mediation; and

(v) if the Dispute is not resolved within fourteen (14) days after the Mediator has been appointed, or any other time which the parties agree to in writing, the Mediation ceases.

(b) The parties must bear and pay an equal share of the Mediator's costs.

(c) If the Dispute is resolved via the Mediation, the parties must sign a note or memorandum recording the terms of that resolution, which will become final and binding on them.

(d) The Mediation procedure will be confidential to the extent that:

(i) written statements prepared for the Mediator or for a party; and

(ii) any discussion between the parties and between each of them and the Mediator during the Mediation,

cannot be used in any subsequent proceedings in connection with the Dispute.

(e) If the parties are unable to resolve the Dispute via the Mediation, either of them may refer the Dispute to a Court having the appropriate jurisdiction.

(f) The previous five (5) subclauses are not intended to prevent a party from commencing Court proceedings seeking urgent injunctive relief.

6 Other Terms

(a) These Terms and the PP constitutes a contract made under and shall be governed by and construed in accordance with the laws of Australia and the State of New South Wales. Additionally, these Terms and the PP constitute the entire agreement between you and BFMS regarding the use of the website, superseding any prior agreements.

(b) If any provision of these Terms is prohibited, invalid or unenforceable in any jurisdiction, that provision may be severed to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms.

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