THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A NICS SITE.

1. Introduction
Welcome to the Internet sites of the National Institute of Clinical Studies Limited ("NICS"). These Terms and Conditions apply to all NICS' Internet sites which reference these Terms and Conditions (each a "NICS Site"). By using a NICS Site, or any of the products or services (collectively the "Services") available on a NICS Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular NICS Site or Service, all as may be modified by NICS from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use a NICS Site or any of the Services on a NICS Site.

2. Modification of terms and conditions
Please note that NICS reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice to you or liability and for any reason whatsoever. Please check periodically for changes. You are responsible for regularly reviewing these terms and conditions. Your continued use of a NICS Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.

3. Registration, Accounts and Passwords
Certain of the Services and related features made available on a NICS Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a NICS Site, and (b) all activities that occur under such password or account. Further, you agree to notify NICS of any unauthorized use of your password or account.

4. Use of a NICS Site
In consideration of the availability, and your use, of a NICS Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such NICS Site or Service. You acknowledge that NICS may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
(a) infringe the rights of, or restrict or inhibit the use of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of offensive content or disruption of normal flow of dialogue within this site.
(b) advertise on a NICS Site without the written permission of NICS. You can mention relevant, commercial tools or websites as long as they support your comment.
(c) impersonate or falsely claim to represent a person or organisation. Please don't mislead other users by abusing NICS' registration procedure.
(d) invade people's privacy. Please don't post private addresses or phone numbers, including your own. You may post email addresses so long as you make it clear whom they belong to. Do not use e-mail addresses located on a NICS Site for any purpose other than the purpose for which it was provided. E-mail addresses and other contact information are not to be used for marketing or advertising purposes.
(e) post an off-topic forum comment.
(f) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use a NICS Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a NICS Site, any of the Services, or the Internet;
(g) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(h) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
(i) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

5. Forums and Content Submissions
By uploading materials to any chat board, newsgroup or forum available on a NICS Site (collectively "Forums") or otherwise submitting any materials to NICS through any other content generating or submitting Service on a NICS Site, you automatically grant (or warrant that the owner of such materials expressly grants) NICS a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. NICS cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. You should exercise appropriate clinical judgement in obtaining or using information from a NICS Site, including ascertaining the currency of documents. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that NICS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

6. Posted information
NICS does not and cannot review all communications and materials posted to or created by users accessing a NICS Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on a NICS Site, NICS is not undertaking any obligation or liability relating to any contents or activities on a NICS Site.

However, NICS reserves the right to block or remove communications or materials that it determines to be

(a) abusive, defamatory, or obscene;
(b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright, trademark or; other intellectual property right of another; or
(d) in violation of any law or regulation; or
(e) offensive or otherwise unacceptable to NICS at its sole discretion.

Except for any personally identifiable information NICS may collect from you under the guidelines established in NICS' privacy policy, any material, information or other communication you transmit, upload or post to a NICS Site ("Postings") will be considered non-confidential and non-proprietary. NICS will have no obligations with respect to the Postings. NICS will be free to copy, disclose, distribute, incorporate and otherwise use the Postings and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

7. Intellectual Property and restriction on use
You understand that putting content onto a NICS Site would place the work in the public domain and may also be seen as publishing a work under intellectual property laws. In putting content onto a NICS Site, you agree for other NICS Site users to use and distribute it, unless you expressly state otherwise.

Any and all content, including without limitation, text, pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works located on and via a NICS Site is protected by copyright and/or other intellectual property laws. On many occasions, these intellectual property rights may be owned by third parties. If you intend to make use of any content accessed through a NICS Site for commercial or non-commercial purposes, NICS strongly suggests that you contact the intellectual property owner for permission to use such content. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the content obtained through a NICS Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such content.

8. Links to other sites
A NICS Site may contain links to other sites on the Internet that are owned and operated by third parties ("External Sites"). However, even if the third party is affiliated with NICS, NICS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NICS. NICS has no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of such websites and make no representation or warranties about the products or services they may provide. If you choose to access these linked sites, you do so at your own risk. Links do not imply that NICS sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, NICS seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only NICS' own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

9. Disclaimer
NICS Sites and the Services, materials, information, and products in a NICS Site, including, without limitation, text, graphics, and links, are provided "as is" and "as available" and NICS makes no warranties or representations of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, NICS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. NICS specifically makes no warranty and does not represent that NICS Site or the Services, including the content, information and functions, will be uninterrupted or error-free, that defects will be corrected, that this site or the server that makes the site available are free of viruses or other harmful components or completeness, correctness, accuracy, adequacy, usefulness, timeliness, security, reliability or otherwise or that they will meet your requirements or expectations.

10. Limitation of Liability
To the fullest extent permitted by law, in no event will NICS, including its officers, directors, employees, agents, contractors, affiliates and licensors, be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, and any damages for loss of profits, savings, goodwill or other intangible losses, or any damages whatsoever, regardless of whether NICS has been previously advised of or could have reasonably foreseen the possibility of such damages, whether in an action under contract, negligence, or any other action, arising out of or in connection with:
(a) the use, inability to use, or performance of the information, services, products, and materials available from a NICS Site, or
(b) any unauthorized access to or modification to any of your content or transmissions, or
(c) any other matter relating to a NICS Site or any of the Services. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

11. Indemnity
You agree to indemnify, defend and hold harmless NICS, its officers, directors, employees, agents, contractors and licensors and each of their respective officers, directors, employees and agents (collectively the "Indemnified") from and against all losses, expenses, damages and costs (including, without limitation, legal costs on a solicitor and client basis), resulting from or related to:

(a) your breach of these terms and conditions;
(b) your access to or use of a NICS Site, Services or content;
(c) your use or reliance on, or publication, communication or distribution of anything on or from a NICS Site or through any of the Services;
(d) any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account; or
(e) any claims or demands related to the above actions.

You will use your best efforts to cooperate with NICS in the defence of any claim. NICS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

12. Termination and remedy
You acknowledge and agree that NICS, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a NICS Site or any of the Services, and remove and discard any information or content related to a NICS Site or any of the Services (and your use thereof), for any reason, including without limitation where NICS believes that you may have violated any of these Terms and Conditions. You further agree that NICS shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a NICS Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of NICS in operating a NICS Site or any of the Services, your sole and exclusive remedy is to discontinue using a NICS Site or any of the Services.

13. Survival of terms
The provisions relating to intellectual property, disclaimers, limitations of liability, indemnities, governing law, and general , will survive any termination of this agreement.

14. Privacy
Note that any personally identifiable information you may post or transmit will be treated by NICS in accordance with NICS' privacy policy. For information on how user information is collected, used and disclosed by NICS in connection with your use of a NICS Site and any of the Services, please consult NICS' privacy policy.

15. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

16. Management of a NICS Site
The NICS Sites are managed by the National Institute of Clinical Studies Limited, an Australian Commonwealth Government owned Company. Enquiries related to NICS Sites should be directed to Geraint Duggan at gduggan@nicsl.com.au .

17. General provisions
You may not assign your rights or obligations unde this agreement. These Terms and Conditions constitute the entire agreement between NICS and you in relation to your use of a NICS Site and Services and supersede any prior agreements between you and NICS with respect to the subject matter hereof. NICS' failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTED IN FULL, YOU DO NOT HAVE PERMISSION TO ACCESS A NICS WEBSITE AND THEREFORE SHOULD CEASE USING THIS WEBSITE IMMEDIATELY.