Introduction

Welcome to Medlaser. By accessing www.medlaser.com.au and its related websites, services, applications or tools (collectively referred to as “Medlaser”) you are agreeing to the following terms. Medlaser is provided to you by Australian Aesthetic Devices Pty Ltd, ABN: 97 167 565 344. These Terms of Service constitute a legally binding agreement between you and Medlaser.com.au Limited and are effective upon acceptance for new users. You accept these Terms of Service by clicking the “Create Account” button when registering a Medlaser account and by otherwise accessing Medlaser, including posting an ad; or as otherwise indicated on Medlaser.

Using Medlaser

As a condition of your use of Medlaser you agree that you will not:

• violate any laws;
• violate the policies;
• post or otherwise communicate any false or misleading material or message of any kind;
• infringe any third-party right;
• distribute viruses or any other technologies that may harm Medlaser or the interests or property of Medlaser users;
• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Medlaser;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access Medlaser and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• copy, modify or distribute rights or content from Medlaser or Medlaser’s copyrights and trademarks;
• harvest or otherwise collect information about users, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to Medlaser;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Medlaser and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of Medlaser either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Service in any way and/or behaving suspiciously on Medlaser, we may, at our discretion, inform other Medlaser users that have been in contact with you and recommend that they exercise caution.

Fees and Services

Using Medlaser is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. We’ll notify you of changes to our fee policy by posting such changes on Medlaser. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Medlaser fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Service or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from Medlaser in case we believe these Terms of Service, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Medlaser users for any fees paid through use of Medlaser in the following cases:

• If you breach, in our opinion, these Terms of Service, which include, without limitation, the Policies;
• If your ads went live with exposure on the Medlaser sites, services or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
• If your ads are placed into “edit” mode and will go live to site once updated by you;
• If you have removed your ads yourself;
• If you post duplicate ads as defined in our rules regarding duplicate ads;

Content

Medlaser contains content from us, you, and other users. Medlaser is protected by copyright laws. Content displayed on or via Medlaser is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Medlaser without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Medlaser. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Medlaser (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms such as other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Medlaser may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Medlaser ad while your ad is on Medlaser. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Medlaser’s sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Medlaser is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Service and all Medlaser policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit devices for sale). Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Medlaser.

Reporting an infringement:

You only need to send email with the subject line: Notice of Infringement to Medlaser at info@medlaser.com.au. Please email, complete with your signature, reports of any advertisements which may infringe on your property rights. Please ensure you supply information stating that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Medlaser to identify the advertisement to be removed. Once we have received your Notice of Infringement, you can simply send later reports to Medlaser via the email address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The “Notice of Infringement” is intended to enable rights owners to ensure that products offered by Medlaser users do not infringe their copyright, trademark rights or other intellectual property rights.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Medlaser comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Medlaser, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.