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Subscriber Agreement TERMS OF USE By using Actionpact products the Subscriber agrees to the following terms:- 1. RESTRICTIONS ON USE OF MATERIALS: 1.1 The site is owned and operated by Actionpact Limited ("Actionpact") and unless otherwise indicated the contents of the products are the property of Actionpact and are protected without limitation pursuant to applicable copyright and trademark laws. No material from the products may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of Actionpact's copyright, trademark and trade secrets and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web Site or networked computer environment is prohibited. 1.2 The payment of a licence fee permits a subscriber to have full access to the online software module. The module is not downloadable and any attempt to download the software module in part or in its entirety is a breach of copyright. A subscriber is however entitled to print a single copy of individual screens for their personal, non commercial use. Printing screens is not recommended as it will diminish the subscriber's experience of the full functionality and hence the benefits that can be achieved from the module. 1.3 The software including any files, images incorporated in or generated by the software and data accompanying the software (together the "Software") are licenced to the Subscriber by Actionpact. Actionpact does not transfer title to the Software to the Subscriber. The Subscriber may not redistribute, sell, decompile, reverse-engineer or disassemble the software. 2. SUBSCRIBER'S RESPONSIBILITIES: 2.1 The Subscriber shall comply with all applicable laws, regulations or conventions including those related to data privacy, international communications and exportation of technical or related personal data. 2.2 The Subscriber shall pay any subscription as it falls due. Failure to promptly pay may result in suspension and/or termination of the Subscriber's access to the products. 2.3 The user name and password (if any) issued to the Subscriber is personal to the Subscriber. The Subscriber shall not disclose this user name and password to any other person and the Subscriber shall not transfer the user name and password or allow any other person to use the user name and password. 3. ACTIONPACT'S RIGHTS: 3.1 Actionpact has the right to change the products or the contents and features of the products without notice including changes to access and use procedures and system hardware and software. Additionally Actionpact reserves the right to temporarily shut down the site to perform maintenance. 4. REPRESENTATIONS AND WARRANTIES: 4.1 This site is not intended to be used as a substitute for specific face to face medical advice and the publication of this information is not intended to create a doctor-patient relationship between publisher and reader. Any website readers who have a specific sickness or health concern should not act upon this information alone without seeking advice from their doctor, nurse or other health professional. Whilst every effort is made to ensure the accuracy of the information contained in this site Actionpact does not warrant that the information is error-free. 4.2 Actionpact distributes all downloadable software on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The Subscriber hereby acknowledges that use of the service is at the Subscriber's sole risk. The software requires the use of a recent browser (internet explorer, mozilla, opera, netscape) and operating system. It performs best on fast internet but will also perform satisfactorily on dialup access. 4.3 Actionpact makes no representations or warranties that the contents of the products will be uninterrupted or that this site or the server that makes it available are free of viruses, worms, trojan horses, or other harmful components. 4.4 Actionpact respects and protects the Subscriber's privacy. Its name and the information provided will not be shared or sold to other companies or organisations. Actionpact only requests information from Subscribers to enable it to provide the services it offers and improve the delivery of services to the Subscriber. All information is kept strictly confidential and secure. You are free to access and amend your personal details by contacting Actionpact at any time. 5. LIMITATION OF LIABILITY: 5.1 Under no circumstances including but not limited to negligence shall Actionpact be liable for any special or consequential damages that result from the use of or the inability to use the materials or products even if Actionpact or its authorised representative has been advised of the possibility of such damages. 5.2 In no event shall Actionpact's total liability to the Subscriber for all damages, losses and causes of action (whether in contract or negligence or otherwise), exceed the amount of any subscription actually paid by the Subscriber. 6. JURISDICTION ISSUES: 6.1 The site is controlled and operated by Actionpact from New Zealand. 6.2 This Agreement shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of law. The Subscriber and Actionpact each agrees to submit to the exclusive jurisdiction of the courts for New Zealand. 7. TERMINATION: 7.1 The Subscriber may terminate this Agreement at any time by notice to Actionpact. 7.2 Actionpact may terminate this Agreement at any time by notice to the Subscriber if in Actionpact's sole discretion the Subscriber fails to comply with any term or provision of this Agreement. 7.3 Otherwise this Agreement shall terminate on the final date to which the subscription payable by the Subscriber relates. 7.4 The Subscriber shall remain liable for all unpaid subscriptions that are payable by the Subscriber up to the date of termination of this Agreement. No annual subscription or part thereof shall be refunded. 8. NOTICES: 8.1 Any notice required to be given pursuant to this Agreement shall be given by e-mail transmission to the Subscriber's address or Actionpact's address as the case may be. -- Site Access actionpact grants you access to make personal use of this site provided you do not download or modify any portion of it without the written permission of actionpact. Site content may not be reproduced, duplicated or sold in whole or in part without the written permission of actionpact. You may not use any logo, graphic or proprietary trademark without the written permission of actionpact. Copyright Copyright © 2011 Actionpact Limited All Rights Reserved. The content of the pages of this web site is protected by copyright. Permission is given to view the content and to save that content only for your future personal non-commercial reference but you may not further copy, modify, use or distribute the content in any way. Medical Disclaimer & Accuracy of Information This site is not intended to be used as a substitute for specific face to face medical advice and the publication of this information is not intended to create a doctor- patient relationship between publisher and reader. Any website readers who have a specific sickness or health concern should not act upon this information alone without seeking advice from their doctor, nurse or other health professional. Whilst every effort is made to ensure the accuracy of the information contained in this site actionpact does not warrant that the information is error-free. Privacy Policy actionpact respects and protects your privacy. Your name and the information you provide will not be shared or sold to other companies or organizations. We only request information from you to enable us to provide the services we offer and improve the delivery of our services to you. All information is kept strictly confidential and secure. You are free to access and amend your personal details by contacting us at any time. System requirements The software requires the use of a recent browser (internet explorer, mozilla, opera, netscape) and operating system. It performs best on fast internet but will also perform satisfactorily on dialup access.