Terms of Use

TSW Assist

WEBSITE TERMS OF USE

Welcome to TSW Assist – a platform which provides insights on products, methods, routines and therapies that are trending for the symptomatic management within the TSW community. Before you use our site, please read these Terms of Use, as they contain important information.

This website (Site) is operated by JMP Digital Pty Ltd trading as TSW Assist (ABN: 92657429411) (we, our or us). These website terms of use (Terms) apply to your use of, and access to, the Site.

Information and availability

The information on our Site is intended to be general information only and is in no way intended to be medical advice, treatment or diagnoses. You acknowledge and agree that nothing in the Site may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs. We do not accept any liability for any injury, loss, or damage incurred by the use or reliance on the information provided on the Site. If you have any health or medical issues or concerns, you agree to speak with an appropriately qualified medical professional prior to using our Site and Services. If you require immediate medical attention, please contact 000 immediately or seek alternative and appropriate medical services.

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.

Intellectual Property rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

copy or use, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

you do not assert that you are the owner of the Content or Our Intellectual Property;
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
you comply with all other terms of these Terms.

Conduct we don’t accept

You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
using the Site to defame, harass, threaten, menace or offend any person;
using the Site for unlawful purposes;
interfering with any user of the Site;
tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
using the Site to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
facilitating or assisting a third party to do any of the above acts.

Content you upload

We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

Our liability is limited

You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site) sets out how we will collect and handle your personal information.

What happens if we discontinue the Site

We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

Which laws govern these Terms

These Terms are governed by the laws of NSW. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Changes to these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

For any questions and notices, please contact us at:

JMP Digital Pty Ltd ABN 92657429411 trading as TSW Assist

Email: info@tswsassist.com

Last update: 15 August 2023