Terms and Conditions

Macintyre Health Terms of use

THE ONLINE SERVICES ARE NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE SUFFERING AN ACUTE ILLNESS OR EMERGENCY CONDITION, CALL TRIPLE ZERO (000) IF YOU ARE IN AUSTRALIA OR YOUR LOCAL EMERGENCY SERVICES NUMBER IF YOU ARE CALLING FROM OUTSIDE OF AUSTRALIA AND ASK FOR AN AMBULANCE.

These Terms of Use apply to the Macintyre Health websites, apps, widgets (i.e. software applications and user interface components which are used to access and search the websites) and any interactive facilities or services used or accessed through the websites, App or Widgets collectively referred to in these Terms of Use as the ‘Online Services’.

The Online Services are published by Oliver Franklin International Pty Ltd t/a Macintyre Health – World Class Diabetes Care (Macintyre Health), registered in Australia, ABN 60 611 141 336.

These Terms of Use also apply to:

a. the use of the Online Services;
b. access to the Online Services from third party websites installing and using a Macintyre Health Widget; or
c. the content or material contained in the Online Services, accessed via links from the Online Services or that we provide to you via email or mobile, including health information, publications, fact sheets, news and alerts (Information).

In these Terms of Use, use of the terms ‘Macintyre Health’, ‘we’, ‘us’ and ‘our’ refers to Oliver Franklin International Pty Ltd ABN 60 611 141 336 as the licensed owner of the Online Services, and the terms ‘you’ and ‘your’ refer to the user or viewer of the Online Services or the user of Information.

Click here to view the Macintyre Health Social Media Acceptable Use Policy, which applies to your use of social media connected with our Online Services.

Deemed acceptance

It is intended that these Terms of Use are legally binding on you and us. By accessing or using the Online Services (including Information), you are deemed to accept these Terms of Use which together with our Privacy Statement govern Macintyre Health’s relationship with you in relation to the Online Services.

Macintyre Health may change or amend the content of the Online Services, Information, these Terms of Use or our Privacy Statement at our discretion and without notice. Any amendments will be effective immediately once the amended Terms of Use are published on this website. Your continued access to or use of this website will constitute your acceptance of the amended terms.

Your use of the Online Services and any dispute arising out of such use of the Online Services is subject to the laws of Queensland.

In using some services available through (or linked from) the Online Services you will be required to agree to additional terms and conditions. Such terms and conditions apply together with, or in addition to, these Terms of Use.

Important information

The Information contained in, or accessed through, the Online Services is for your general information and use only and is not intended to be used as medical advice.

You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not professional health advice.

Information provided by Macintyre Health is not a substitute for independent professional advice and should not be used as an alternative to professional health care. If you have a particular medical problem, please consult a healthcare professional.

You should also not disregard professional advice, or delay seeking it, because of any Information contained on the Online Services.

Information concerning medicines and other therapeutic goods

Information provided via the Online Services or available from the Online Services concerning medicines and other therapeutic goods is provided for the limited purpose of general information for the safe and effective use of the medicine and is not intended to be used as medical advice, diagnosis and treatment and should not be relied on to manage or diagnose a medical condition.

Information via the Online Services, including product information on medicines, may have been written by the relevant pharmaceutical companies or other third parties and such information has not been independently verified by Macintyre Health.

All information on medicines and other therapeutic goods via the Online Services is listed in alphabetical order only. No preferential or special treatment is provided to any medicines or products listed.

We may include additional information for certain medicines or products that have generated higher (keyword) search volumes via external internet search engines. This is based on (keyword) search volumes only and no other criteria.

You should seek medical advice in relation to medicines and use medicines only as directed by a healthcare professional. Always read the label. If symptoms persist see your doctor/healthcare professional.

The supply and regulation of medicines differs from country to country. Information about medicines via our Online Services is relevant only to the supply of medicines in Australia.

Disclaimer of warranties

While the Information is subject to Macintyre Health’s quality assurance processes, the Information is also subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparing the Information. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and / or availability of the Information. In addition, no representation or warranty (express or implied) is made that the Information will meet your health or medical requirements.

Whilst we provide general health information, the circumstance of each individual will differ. You should exercise your own judgment with respect to your use of our Online Services and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability and relevance of the available information.

Disclaimer of liability

You acknowledge that your use of any Information or materials on the Online Services is entirely at your own risk and that the Information may contain inaccuracies or errors.

To the maximum extent permitted by law, Macintyre Health expressly excludes all liability (including for negligence) for any loss, damage, injury, expense or costs, however caused, relating to or arising directly or indirectly from accessing, downloading, using or relying on any of the content, Information or the Online Services including, but not limited to, in circumstances where:

  • the Online Services or Information are used for a purpose for which they were not intended;
  • the Online Services or Information contain errors, omissions or inaccuracies;
  • you are unable to obtain consistent, reliable and uninterrupted access to our Online Services;
  • there is damage or interference to your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device, or your mobile data that arises in connection to your download or use of the App, its content or any linked website;
  • you rely on an interpretation or opinion stated in, or which may be inferred from, the Online Services or the Information;
  • there is delay or failure to receive Information from us that you may have subscribed to; or
  • inaccurate information is available from any websites accessed via a link on the Online Services.

You may have rights under consumer protection legislation that applies to you, e.g. the Australian Consumer Law, which cannot be excluded, limited or modified by these terms.

To the maximum extent permitted by law, Macintyre Health, our directors, employees, consultants, shareholders, agents and other representatives:

  • exclude liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content on this website, and/or from any inability to use the content, any delay in accessing this website or any inability to access this website; and
  • exclude liability (including any liability for negligence) for any inaccuracy, unreliability, lack of currency, incompleteness, unsuitability and/or unavailability of the content.

This exclusion of liability includes, but is not limited to, compensatory damages, direct loss, consequential or indirect loss, loss of data, corruption of data, loss of programs, loss of income, loss of profit, loss of anticipated savings, loss of use, loss of financial opportunity, loss of business, loss of reputation, loss of property, damage to property and third party claims.

Copyright and trade marks

All intellectual property rights in content on the Online Services, including (without limitation) text, graphics, Information, architecture and coding (including any copyright subsisting in them), is owned by Macintyre Health or licensed to us.

Macintyre Health owns the copyright in the content on this website (including, but not limited to, text, photographs, images, audio, video, code and software), unless it is expressly attributed to a third party. You are not permitted to copy, distribute, modify, frame or use the content on this website without first obtaining the written consent of an authorised person in Macintyre Health, unless you are permitted to do so by an express statement in this website in relation to specific content.

You may access and download the material on the Online Services where available, but may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Online Services content in whole or in part without the prior written permission of the owner of the material.

The Online Services may contain trade marks owned by Macintyre Health and third parties. You are not permitted to display or use in any manner any trade marks, logos, brands, trade names or get-up which are featured on the Online Services.

Macintyre Health has obtained permission from copyright holders (where known) to use third party content. If you believe that any content on this website infringes your copyright or anyone else’s copyright, please contact us using the contact information below.

Links to other websites

The Online Services contain links to other websites. These links are provided for your convenience only.

Macintyre Health cannot guarantee that these links will always work and cannot control whether the other websites are available. Macintyre Health does not represent that content on any other websites is reliable or free from malware, defects or infringements of intellectual property rights.

Macintyre Health does not authorise any infringement of intellectual property rights by providing these links. Macintyre Health does not specifically endorse any person, product, service, application, organisation, association or entity referred to in, or linked to, the Online Services. Views or recommendations provided in linked websites do not necessarily reflect those of Macintyre Health, and Macintyre Health has no responsibility or approval for the content of the linked website(s). It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in linked websites.

You may link to the Online Services, but permission is restricted to making a link without any alteration of the relevant Online Services contents. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from this site on any other website unless express prior written permission has been obtained from Macintyre Health.

In no event are you permitted to use the Online Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. Macintyre Health reserves the right to prevent linking to the Online Services at any time.

Using our App

If you wish to use our App, then you need to download the App and ensure that you download and install all relevant updates.

We grant to you a revocable, non-exclusive, non-transferrable, limited right to install and use the App on a device owned and controlled by you in accordance with these Terms of Use.

The App includes software code, scripts, interfaces, graphics, displays, text, documentation and other components.

The App may prompt you to select certain information, such as your age and sex. You acknowledge that the information you select must be correct in order to provide to you suitable information. We will not be responsible if you select incorrect variables.

We do not promise that you will have continuous and uninterrupted access to the App or that the App will be free of any harmful code, virus or other malware. We do not accept responsibility for any interference or damage to your device.

Macintyre Health widgets

You must comply with the following additional Terms of Use in this section when linking the Online Services (including any Information) to your website by using a Macintyre Health Widget.

All Macintyre Health Widgets (including any customisations to these Widgets) are owned by us. Subject to your compliance with these Terms of Use, we grant to you a non-exclusive, non- transferable, non-sub-licensable, revocable licence to use and display a Macintyre Health Widget on a website for which you have proper authorisation (your website) solely for your own use as permitted by these Terms of Use, and in accordance with the purpose of the Online Services as stated in these Terms of Use.

You are not permitted to use a Macintyre Health Widget for any other purpose or to give Macintyre Health Widgets to other people to place on their or other third party sites, and nothing in these Terms of Use will be deemed to grant you any right, title or interest in any Macintyre Health Widget.

You must not:

  • install, implement, copy or use any Macintyre Health Widget for any purpose except as permitted under these Terms of Use;
  • modify or create any derivative work from or commercialise in any way any Macintyre Health Widget;
  • attempt to discover any source code or other data in a Macintyre Health Widget which we do not provide you access to;
  • use a Macintyre Health Widget on your website in a way that changes, obstructs or otherwise prevents the display of any content of the Online Services to which the Macintyre Health Widget is linked;
  • display a Macintyre Health Widget on your website in a way that makes the information displayed on the Online Services appear to be part of your website, or attempt to depict any of the content from the Online Services as your own content;
  • represent, communicate or convey the impression that we approve, endorse, recommend or are connected in any way, with you (including your related bodies corporate or personnel), your website, or any of your goods or services; or
  • include on your website any material that we consider to be discriminatory, unlawful, abusive, malicious, offensive, defamatory, pornographic, obscene, threatening, harassing or otherwise inappropriate, in each case as determined at our sole discretion.

Each Macintyre Health Widget is provided on an “as is” and “as available” basis.

We disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding any Macintyre Health Widget, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. We further disclaim any warranties regarding the security, reliability, timeliness, availability and performance of any Macintyre Health Widget. You understand and agree that you use a Macintyre Health Widget at your own discretion and risk, and that you will be solely responsible for any damages to any computer system or any loss of data that results from the use of a Macintyre Health Widget.

You acknowledge and agree that we may at our sole discretion terminate the licence granted under this section and disconnect you from or restrict your use of a Macintyre Health Widget if we consider that either of the following has occurred:

  • the Macintyre Health Widget is being used by you for a purpose other than as permitted under these Terms of Use; or
  • the Macintyre Health Widget is being used on any website not owned by you, even if you did not cause or authorise the use.

Our right to terminate will be in addition to any other remedy available at law or in equity to us.

If your licence to use any Macintyre Health Widget is terminated by us, you must immediately:

  • take down the Macintyre Health Widget from your website; and
  • return to us or erase all copies of the Macintyre Health Widget materials in your possession.
Personal profile

As part of your access to and use of the Online Services, you may be able to create a personal profile.

Creating a personal profile will allow you to login and be recognised as a user across some of our Online Services. This will mean that you can store information within your profile regarding your use of certain Online Services and you can also subscribe to receiving Information or notifications from us based on the information you provide to us.

To create a profile, you will be required to provide information, including an email address and password. Depending on the Online Services you use, you may also be required to provide other information relevant to your circumstances and the services you are using, such as your name, contact details and birthdate.

You may subscribe to receive general Information or notifications based on the information you have provided. You acknowledge that this is provided to you as general Information and use only. This information is not intended to be used as medical advice and should not be used as an alternative to professional health care. You should not disregard professional advice, or delay seeking it, because of any failure to or delay in receiving Information or notifications from us.

You can unsubscribe from receiving Information and notifications from us at any time.

Further information on how we handle your personal information provided in your personal profile is available on our Privacy Statement.

Video calls

If you use our video call through Online Services, you must not:

  • attempt to record the video or audio of your video call or take screenshots or copies of images of your video call;
  • abuse, intimidate, threaten or otherwise violate those using or delivering the video call service; and/or
  • engage in behaviour that is pornographic, violent, discriminatory or otherwise offensive.

We reserve the right to terminate your video call if you fail to comply with our Terms of Use.

We also reserve the right to continue the call but cease the camera operation, if the call handler considers it to be appropriate in the circumstances.

Accuracy of content, etc

Macintyre Health strives to ensure that the content on this website is accurate and up-to-date but does not represent or guarantee that the content on this website or on any linked website is accurate, reliable, current, complete, suitable or available. You should independently evaluate and verify the accuracy, reliability, currency and completeness of any information, and its suitability for your circumstances, before you rely on it.

System requirements

Some services available through the Online Services will require your computer, telephone, internet access, device and associated equipment to meet certain technical levels (System Requirements) in order to receive the services. Macintyre Health takes no responsibility for problems associated with or arising from your inability to access or receive the services due to your equipment or internet speed not meeting the System Requirements.

Security, viruses, errors and availability

You access this website at your own risk.

Macintyre Health strives to keep this website available and functioning properly. However, it is possible that your ability to access this website may be interrupted or delayed, or that your device becomes exposed to viruses, malware, interception or other interference. Macintyre Health recommends that you use up-to-date antivirus and security software that is appropriate for your device, to ensure that communications between it and this website does not expose it to any damaging interference.

Macintyre Health does not accept responsibility for any interference or loss to your device which arises in relation to your use of this website or any linked website.

Lawful and permissible use of website

You are responsible for ensuring that your access to and use of this website is lawful and does not infringe any intellectual property rights.

You must not take any action that could damage, overburden or interfere with this website, or any other person’s use of this website. You must not use any data mining, robots or other tools to automatically and/or systematically collect data from or in relation to this website. You must not use this website to obtain any information about other users of this website, or to transmit malware through this website.

Macintyre Health does not accept responsibility for any unauthorised access, use or other actions. All rights are reserved in full in relation to unlawful or unauthorised access or use.

Feedback facility

The Online Services may contain a facility allowing you to give feedback and make suggestions (Feedback Facility). You agree that your use of the Feedback Facility is subject to the following additional terms:

  • any feedback, suggestion or material you may provide (Feedback) will not be treated by Macintyre Health as confidential;
  • Feedback must conform to the Macintyre Health Social Media Acceptable Use Policy; and
  • Macintyre Health will own any intellectual property rights in or arising from any Feedback.

Last reviewed: September 2019

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