Terms of Use – MyDESMOND Australia
If you have any immediate concerns in relation to your health or the health of someone else you should not delay in contacting your doctor, another appropriate health professional or the emergency services directly on 000.
Information about us
Diabetes WA (“We”) are the licence holder for MyDESMOND Australia® which incorporates the type 2 diabetes, Baby Steps and Let’s Prevent suite of programs. The type 2 diabetes and Baby Steps programs are administrated by the National Diabetes Services Scheme (NDSS) and can be accessed via the website www.mydesmond.ndss.com.au which is a site operated by the NDSS. For enquiries about the NDSS you can write to GPO Box 9824 (in your capital city).
Please read these Terms of Use carefully before using this site.
Terms of site use
These Terms of Use (together with the documents referred to) tells you the Terms of Use on which you may make use of our site MyDESMOND Australia® at mydesmondaustralia.com.au and related services (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these Terms of Use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of them for future reference.
By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them.
If you do not agree to these Terms of Use, you must not use our site.
Other applicable terms
These Terms of Use refer to the following additional documents, which also apply to your use of our site:
- Our Diabetes WA Privacy Policy, which explains how we process any personal and/or sensitive data we collect from you, or that you provide to us when using our site.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- Our Cookie Policy
The password protected areas of this site incorporates the use of cookies. Cookies are small data text files that are sent from a server computer during a browsing session. Cookies are typically stored on your computer’s hard drive and are used by the site to simulate a continuous connection to that site. In order to make our site more responsive to your needs we use cookies to track and manage information relative to your specific requirements. In this way we can tailor our site to your needs, deliver a better and more personalised service and track the pages on our site that you visit. The use of cookies automatically identifies your browser to our computers whenever you interact with our site. Your browser options allow you to disable cookies. You should note that if you do disable cookies, you may not be able to access all the services on this site. We do not use this information to personally identify you as per Diabetes WA Privacy Policy.
Changes to these terms
We may revise these Terms of Use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time and may change the content at any time. However, please note that, because of the pace of medical progress, and changes made by other organisations beyond our control, any of the content on our site may become out of date at any given time, the content will be reviewed regularly and updated where applicable.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing and use of our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
Our site is directed to people residing in Australia. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site, or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside Australia, you do so at your own risk.
As a condition of your use of our site, you warrant to Diabetes WA that you will not use the site for any purpose that is unlawful or prohibited by these Terms of Use, and notices.
You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from MyDESMOND Australia®. You may not use MyDESMOND Australia® for anything other than the purpose outlined in these Terms of Use and you may not use spiders or other robotic software tools to gather information from the site or use any applications which could lead to harm to the site. You may not use the MyDESMOND Australia® service to indicate any association with MyDESMOND Australia® or Diabetes WA without Diabetes WA’s prior written consent.
Your account and password
The main section of this site contains an e-learning platform, Self-Improvement Trackers and Action Plans for those with type 2 diabetes, gestational diabetes, or at risk of developing type 2 diabetes, heart disease and stroke. If you wish to access the e-learning platform, you can self-register using your first and last name, NDSS number (only required for the type 2 program), and a valid email address – you will be prompted to set up a password as part of the registration process. Your use of the password protected areas of this site are subject to these Terms of Use.
If you choose, or you are provided with, a user activation code (generally provided by a Diabetes WA administrator if technical issues with self-registration), password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You can find out more about online security at australia.gov.au/information-and-services/public-safety-and-law/online-safety.
We have the right to disable any user password or account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
You are responsible for all activity that takes place with your account. You may not authorise any third party to access and/or use the service on your behalf except where Diabetes WA provides a mechanism for third parties to access the service on your behalf. If you know or suspect that anyone other than you knows your user password, you must promptly notify us at mydesmond@diabeteswa.com.au
Intellectual property rights
Product and company names mentioned on the site or other sites or services accessed through the site are owned by third parties. All contents of the site including these Terms of Use are the copyright of Diabetes WA and are protected by other proprietary rights including database rights.
No part of the MyDESMOND Australia® service, including the site and any e-mail we send, may be reproduced in any form whether electronically or otherwise without the prior written consent of Diabetes WA.
Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must retain all copyright or trademark notices contained on this site on any copy you make of it or part of it. You may not sell or modify what is on the MyDESMOND Australia® service or reproduce, display, publicly perform, distribute, or otherwise use the content on it in any way for any public, academic, or commercial purpose. The use of such content on any other site or in a networked computer environment for any purpose is prohibited.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use. Apart from where the ‘download’ button is present, these items can be downloaded and printed as freely as the user wishes.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Australian law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any site linked to it. You can find out more about steps you can take to protect your computer against viruses and hacking at www.australia.gov.au/information-and-services/public-safety-and-law/online-safety.
We assume no responsibility for the content of sites linked on our site. Such links should not be interpreted as endorsement by us of those linked sites. We will not be liable for any loss or damage that may arise from your use of them.
The main purpose of MyDESMOND Australia® is to provide information to users about type 2 diabetes, gestational diabetes, and the prevention of chronic diseases such as type 2 diabetes, heart disease and stroke within Australia. All information provided via MyDESMOND Australia® is general information which can never be treated as being a substitute for professional heath care. Do not rely upon any of the general information provided via the site for medical diagnosis or treatment. You must always consult with your doctor about personal health concerns.
Whilst Diabetes WA does make every effort to check the accuracy of information published on MyDESMOND Australia® it cannot give any warranty that information will be accurate or up-to-date and the user acknowledges that the information and services offered on MyDESMOND Australia® may include inaccuracies, out of date information or typographical errors. In particular, and without limitation to the rest of this Agreement, Diabetes WA is not able to guarantee that the MyDESMOND Australia® service will continue or be accurate during time of server failure.
Information contained in or accessible via MyDESMOND Australia® changes on a regular basis. Diabetes WA may make improvements or alterations to MyDESMOND Australia® at any time without notice.
Diabetes WA is not responsible in any way whatsoever for the content of any site accessed using the site, nor can it warrant that use of MyDESMOND Australia ® will be free from virus contamination and you should take adequate steps to ensure that you virus check regularly when using MyDESMOND Australia® on your computer, PDA, tablet, phone or any other device you may use to access the site.
Diabetes WA makes no representations about the suitability of the information, and services contained on, or accessed via, MyDESMOND Australia® for any purpose. All warranties, terms and conditions with regard to this information, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, your right to use our site will cease immediately.
Linking to our site
The links provided from the site have been authorised by Diabetes WA. If you would like to add a link to the site, you require written consent from Diabetes WA. If you would like information about obtaining Diabetes WA’s permission to use any content of MyDESMOND Australia® or if you would like to link your site to MyDESMOND Australia®, please email us at mydesmond@diabeteswa.com.au
In the event that any consent is given by Diabetes WA to create a link to the site, you must ensure that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any site that is not owned by you.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice and we shall not be obliged to give a reason for doing so.
The site in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you become concerned about the content of a site linked to or from the site (or anything on the site), please inform Diabetes WA immediately via e-mail to mydesmond@diabeteswa.com.au
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
A reference on the site to any persons, products, web sites or services does not constitute or imply their endorsement, recommendation or favouring by Diabetes WA.
Variations of these Terms of Use
Diabetes WA reserves the right to change these Terms of Use and notices under which the site is offered. We will do this by altering these Terms of Use on the site and this alteration will then be of immediate effect. For this reason, you should regularly visit these Terms of Use on the site as the current version will be binding on you. We may bring changes directly to your attention.
Applicable law
If you are a consumer, please note that these Terms of Use, its subject matter and its formation, are governed by Australian law. You and we both agree to that the courts of Australia will have exclusive jurisdiction. In using the services available on this site, you will at all times obey all applicable laws.
If you are a business, these Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Australian law. We both agree to the exclusive jurisdiction of the courts of Australia.
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Diabetes WA as a result of these Terms of Use or use of the site. Each and every provision of these Terms of Use is separate and severable. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of these Terms of Use shall not be affected.
These Terms of Use constitutes the entire agreement between you and Diabetes WA with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Diabetes WA with respect to the site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the site.
Contact us
To contact us, please email mydesmond@diabeteswa.com.au
Thank you for visiting our site.