Website Terms and Conditions

Discliamer:

All information contained on the www.drmarkerian.com.au website is intended for informational and educational purposes. The information is not intended nor suited to be a replacement or substitute for professional medical treatment or for professional medical advice relative to a specific medical question or condition.
We urge you to always seek the advice of your doctor with respect to your medical condition or questions. As a recipient of information from this website, you are not establishing a doctor/patient relationship. There is no replacement for personal medical treatment and advice from your personal doctor.

Terms and conditions:

1. General Provisions

These Terms of Use constitute an agreement made by and between A/Prof Mark Erian and you ("you," "your" or "User"). This agreement contains the terms and conditions that govern your use of this Web Site.
By accessing, visiting, browsing, using or attempting to interact with any part of this web site, or other A/Prof Mark Erian services, websites or any of A/Prof Mark Erian licensees services or software (collectively "services"), you agree that you have read, understand and agree to be bound by this agreement. If you do not agree to be bound by this agreement, please do not access or use any part of this web site.
A/Prof Mark Erian reserves the right, from time to time, with or without notice to you, to make changes to this agreement in A/Prof Mark Erian’s sole discretion. Continued use of any part of this web site constitutes your acceptance of such changes. The most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the "terms of use" hyperlink located at the bottom of each page on any A/Prof Mark Erian website.

2. Access to this site

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If A/Prof Mark Erian believes the information you provide is not correct, current, or complete, A/Prof Mark Erian has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

3. Restrictions of Use

You may use this site for purposes expressly permitted by this site. As a condition of your use of A/Prof Mark Erian (s), you warrant to A/Prof Mark Erian that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of A/Prof Mark Erian. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with A/Prof Mark Erian in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use A/Prof Mark Erian website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

4. Personal and Non-commercial use limitation

A/Prof Mark Erian website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without A/Prof Mark Erian’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to A/Prof Mark Erian’s websites.

5. Proprietary Information

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by A/Prof Mark Erian (the "Content") is the proprietary information of A/Prof Mark Erian or the party that provided or licensed the Content to A/Prof Mark Erian, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of A/Prof Mark Erian, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates A/Prof Mark Erian’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

6.Hyperlinks

This site may be hyper-linked to other sites that are not maintained by, or related to, A/Prof Mark Erian. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or A/Prof Mark Erian. A/Prof Mark Erian has not reviewed any or all of such sites and is not responsible for the content of those sites. A/Prof Mark Erian is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and A/Prof Mark Erian makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. A/Prof Mark Erian provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by A/Prof Mark Erian of that site or any association with its operators.

7. Limitation on Liability

A/Prof Mark Erian, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if A/Prof Mark Erian has been advised of the possibility of such damages. In no event will the collective liability of A/Prof Mark Erian and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to A/Prof Mark Erian for the applicable content or service out of which liability arose.

8. Termination or Restriction of Access

A/Prof Mark Erian reserves the right, in its sole discretion, to terminate your access to any or all of A/Prof Mark Erian’s websites and the related services or any portion thereof at any time, without notice.

9. Indemnity

You will indemnify and hold A/Prof Mark Erian, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

10. Trademarks and Copyrights

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of A/Prof Mark Erian or the party that provided the trademarks, services marks, logos, and copyrighted works to A/Prof Mark Erian. A/Prof Mark Erian and any party that provided trademarks, service marks, logos, and copyrighted works to A/Prof Mark Erian retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

All contents of A/Prof Mark Erian’s websites are: Copyright © 2013 A/Prof Mark Erian. All rights reserved.

11. Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). A/Prof Mark Erian will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that A/Prof Mark Erian considers insecure, A/Prof Mark Erian will be entitled to require the password to be changed.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, A/Prof Mark Erian reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. A/Prof Mark Erian reserves the right to investigate suspected violations of these Terms of Use.
A/Prof Mark Erian reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing A/Prof Mark Erian to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed by A/Prof Mark Erian in its sole discretion to violate these Terms of Use.
By accepting this agreement you waive and hold harmless A/Prof Mark Erian from any claims resulting from any action taken by A/Prof Mark Erian during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either A/Prof Mark Erian or law enforcement authorities.

12. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Australia in connection with any dispute between you and A/Prof Mark Erian arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state courts in Queensland.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and A/Prof Mark Erian as a result of this agreement or use of A/Prof Mark Erian’s websites.
These Terms of Use along with any additional terms and conditions included by A/Prof Mark Erian on this site together constitute the entire agreement among the parties relating to this subject matter, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and A/Prof Mark Erian with respect to A/Prof Mark Erian’s websites.
A printed version of such documents and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern any additional items to which they pertain.
A/Prof Mark Erian may revise these Terms of Use at any time by updating this posting.

Privacy

Introduction

A/Prof Mark Erian’s Privacy Policy applies to all personal information collected by A/Prof Mark Erian both on and offline. This policy will explain how we collect your information, why we collect this information, how we intend to use this information, and what controls you have over our use of your information.
A/Prof Mark Erian is committed to complying with Commonwealth Legislation governing privacy or personal information by businesses and to protecting and safeguarding your privacy when you deal with us.

Collection of Information

Some information provided to us is considered personal or private. Without these details we would not be able to provide our business services to their full potential. We will only collect such personal information if it is necessary for any of our business activities.
Personal information is collected by A/Prof Mark Erian in the following ways online:
• When you contact A/Prof Mark Erian or make an enquiry
• When you contact any member of staff at A/Prof Mark Erian’s clinics
At or before the time at which you give away your personal details we will make every effort to ensure that you are understanding of who we are, the fact that you are able to gain access to the information held about you, the purpose of the collection, the types of organisations to which we usually disclose the information collected about you, any laws requiring the collection of the information and the main consequences for you if all or part of the information is not collected.

Use of Information

We may use or disclose personal information held about an individual or a business for the primary purpose for which it is collected (ie. Provision of our services, administration of our services, notification to you about changes to our products or services, record-keeping following termination of our services to you and technical maintenance). We may also use your information for a purpose related to the primary purpose of the collection of information and where it would be reasonably expected by you that we would use the information in such a way. This information is only disclosed to persons outside our business in the circumstances outlined in this policy or as otherwise noted to you at the time of collection of the information.

We are also permitted to use or disclose personal information held about you:
Where you have consented to the use or disclosure;
Where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone's health or safety or the public's health or safety;
Where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
Where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
Where we reasonably believe that the use or disclosure is reasonably necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, conduct of, proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body.

Links to Other Organisations

Our website contains links to other organisations and their websites. Those organisations may also collect personal information about you. We do not hold any responsibility for the privacy practices of other businesses including the content of any websites that are linked to our website. A/Prof Mark Erian encourages users to be aware when you leave A/Prof Mark Erian website and to read the privacy policy of each new organisation prior to entering any personal information.

Security and Storage of Information

A/Prof Mark Erian places a high level of importance and value on the security of all information associated with our clients. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control.
Personal information is de-identified and/or destroyed by us when it is no longer needed by us or when the person involved asks to be removed entirely from any method of communication with A/Prof Mark Erian.
A/Prof Mark Erian retains the information provided to us by you including possibly your contact and credit card details to enable us to monitor and verify transactions and customer details and to retain adequate records for legal and accounting purposes. This information is held on secure servers in controlled facilities, with 24 hour security.
Information stored within our network and computer systems can only be accessed by those within the organisation with authority and computer network password sanctions.
No data transmission over the internet can be guaranteed to be 100 per cent secure. As a result of this, while we aim to protect the personal information of all users, A/Prof Mark Erian can not ensure or warrant the security of any information transmitted to it from any online product or service and therefore, the users do so at their own risk. Once the information is received by A/Prof Mark Erian, every effort is made to ensure the security of the information on the systems.
The user is ultimately responsible for the safe keeping of all login information, passwords, account information and personal data. You should aim to keep all of this secret and be careful and responsible when providing information online.

Access to and Correction of Information

A/Prof Mark Erian wishes to only maintain information about its clients, customers, tenant companies, past companies and contractors that is correct, accurate, timely, relevant and appropriate.
We are more than happy to allow you to access the information we have on record for you so long as that request for information access is in accordance with the National Privacy Principles.
If you notice that your information is not correct, we will correct that information only if we are satisfied that the information relates to you.
Adequate reasoning will be provided should we not provide you with access to the information you have requested for any reason.

Complaints

Any complaints regarding this privacy policy, collection and / or use of information collected by us should be directed to us via email: This email address is being protected from spambots. You need JavaScript enabled to view it.
We will comprehensively investigate any complaints made and attempt to resolve any breach that may have occurred in relation to the collection, use or destruction of personal information held by A/Prof Mark Erian in accordance with the Commonwealth Privacy Legislation. If you are not satisfied with the way it is investigated or the outcome of the procedure then you may request an independent person to further investigate your complaint. This is usually the Commonwealth Privacy Officer.

Transfer of Information Overseas

In accordance with the National Privacy Principles we may transfer personal information we have collected about you to someone other than you in a foreign country only if this such transfer is permitted by the National Privacy Principles.

Cookies

A/Prof Mark Erian collects and analyses information from the site using “IP files”.
Your IP address (the address that indentifies your computer on the internet and is recognised immediately by our web server) will be logged by A/Prof Mark Erian anytime you visit our website to read or download information. The information that will be collected by our web server will include the date and time of your visit, the pages your view and any information you download. This information will be used for the sole purpose of our website evaluation and helping us to provide a quality site and continually improving our service.
Our web server also automatically collects non-personal information such as the type of internet browsers you use and the identification of any website you used to click through to our own. This information does not personally identify you and is only used to provide site analysis and helps us provide an effective service on our website.

Changes to Privacy Policy

Should A/Prof Mark Erian make any changes to its Privacy Policy, it will post changes on this Privacy Policy page so that regular users are aware of the changes as to what information is collected, how it is used and the way in which their information may be disclosed to others. Therefore, please refer back to this page regularly review amendments and ensure you are up to date with our Privacy Policy.

Contacting Us

Should you require any further information regarding this Privacy Policy, please email This email address is being protected from spambots. You need JavaScript enabled to view it.
Should you require any further information on privacy legislation or the National Privacy Principles of Australia we recommend that you visit the Federal Privacy Commissioner’s website at www.privacy.gov.au.

Acceptance

You accept that your use of this website includes your acceptance of this Privacy Policy and the Legal Information.