Dr Deb The Travel Doctor
Level 5, 247 Adelaide Street, Brisbane, Queensland, Australia
T: +61 7 3221 9066 | F: +61 7 3221 7076
E: clinic@thetraveldoctor.com.au
Postal: GPO Box 2832, Brisbane, Queensland, Australia 4001
ABN: 76 071 390 693
Email Terms and Conditions
DD218
1.
Purpose
(1) The purpose of this Email Terms and Conditions is to, without limitation, set forth the terms and conditions for communication with workers and Dr Deb The Travel Doctor via email.
2.
Repeal and
Enactment
(1) Email Terms and Conditions with a Version Number of less than 1.0 are repealed.
(2) This Email Terms and Conditions (Version Number 1.0) is:
(a) a policy; and
(b) enacted.
(1) This Email Terms and Conditions is subject to:
(a) the Governing Policy (available at http://www.thetraveldoctor.com.au/governing_policy.htm); and
(b) the Privacy Policy (available at http://www.thetraveldoctor.com.au/wp-content/uploads/2015/08/privacy.pdf).
4.
Definitions
(1) Terms that appear in bold are defined in Schedule 1.
5.
Interpretation
(1) If an email transmitted, regardless of whether that email reaches its intended destination, from an email address held by Dr Deb The Travel Doctor in connection with an email account held by Dr Deb The Travel Doctor using an internet carriage service to an email address, regardless of whether that email address exists, in connection with an email account does not contain the given name and surname of a worker that email shall be deemed to have been transmitted by Dr Deb The Travel Doctor.
6.
Interaction
with Contract, Agreement or Undertaking
(1) If there is an inconsistency between this Email Terms and Conditions, or part thereof, and a contract, an agreement or an undertaking freely and knowingly entered into by Dr Deb The Travel Doctor, or part thereof, that contract, agreement or undertaking shall prevail, and this Email Terms and Conditions, to the extent of the inconsistency, shall be severed, invalidated and deleted, and all other Sections, or part thereof, of this Email Terms and Conditions shall continue to be in force.
7.
Confidentiality
(1) An email transmitted by a worker or Dr Deb The Travel Doctor is confidential and solely for an intended recipient of that email.
(2) The confidentiality of an email transmitted by a worker or Dr Deb The Travel Doctor is not waived or lost if a person, other than an intended recipient of that email, receives that email for whatever reason.
(3) If a person receives an email transmitted by:
(a) a worker, other than an intended recipient of that email, for whatever reason, that person is requested to immediately notify:
(i) that worker; or
(ii) the superior of that worker if that worker is unable to be notified;
that that person has received that email; or
(b) Dr Deb The Travel Doctor, other than an intended recipient of that email, for whatever reason, that person is requested to immediately notify Dr Deb The Travel Doctor that that person has received that email.
(4) If a person receives an email transmitted by a worker or Dr Deb The Travel Doctor, other than an intended recipient of that email, for whatever reason, that person must securely delete that email and any electronic copies of that email, securely destroy any physical copies of that email, and not take any action relying upon that email.
(1) Any alteration, broadcast, circulation, disclosure, dissemination, distribution, modification, publication, reproduction, sale or transmission of an email transmitted by:
(a) a worker by any person without the prior authorisation of:
(i) that worker; or
(ii) the superior of that worker if that worker is precluded from granting that authorisation; or
(b) Dr Deb The Travel Doctor by any person without the prior authorisation of Dr Deb The Travel Doctor;
is strictly prohibited.
(2) Notwithstanding Section 8(1), an intended recipient of an email transmitted by a worker or Dr Deb The Travel Doctor may view and make electronic and physical copies of that email, provided that any associated copyright notice is not removed, for the sole use of that intended recipient.
(3) Any review of an email transmitted by a worker or Dr Deb The Travel Doctor by a person, other than an intended recipient of that email, is strictly prohibited.
9. Intellectual
Property
(1) Unless indicated to the contrary, copyright in the content of an email transmitted by a worker or Dr Deb The Travel Doctor is the property of Dr Deb The Travel Doctor under a copyright law in force within the place of origin of that email.
(2) Content within an email transmitted by a worker or Dr Deb The Travel Doctor that is not the property of Dr Deb The Travel Doctor under a copyright law in force within the place of origin of that email is:
(a) the property of a third party, unless confirmed otherwise;
(b) has been included within that email:
(i) pursuant to law; and
(ii) under license, unless confirmed otherwise.
(3) Permission must be obtained from the copyright owner of third party content to use that content, unless confirmed otherwise.
10.
Security
(1) An email cannot be guaranteed to be secure and error-free as email transmission may:
(a) be intercepted, be corrupted, be lost, be destroyed or arrive late or incomplete; or
(b) contain a virus, another malicious computer program or code, or another thing that may damage a computer that receives an email or data on that computer.
11.
Privacy
11.1.
Interaction
with Privacy Policy
(1) The collection, storage, use and disclosure of an email is pursuant to the Privacy Policy.
11.2.
Waiver
(1) An email transmitted to Dr Deb The Travel Doctor will be deemed to be non-confidential and non-proprietary and Dr Deb The Travel Doctor will be entitled to use that email for any purpose without compensation to the transmitter of that email, to the fullest extent permitted by law or otherwise, unless indicated to the contrary by:
(a) the transmitter of that email; or
(b) a worker that will receive or has received that email; or
(c) the superior of a worker that will receive or has received that email if that worker is precluded from deeming that email may be used for a proposed purpose.
12.
Content
(1) Unless explicitly stated to the contrary:
(a) an email transmitted by a worker or Dr Deb The Travel Doctor:
(i) is not intended to, does not constitute and is not a substitute for advice of any kind, including personal, medical, legal, financial or investment advice; and
(ii) is for general informational purposes only;
(b) receipt of an email transmitted by a worker or Dr Deb The Travel Doctor does not establish a relationship of any kind;
(c) an opinion expressed by a worker within an email does not necessarily represent an opinion of Dr Deb The Travel Doctor;
(d) an attachment, other than an attachment authorised by Dr Deb The Travel Doctor, to an email transmitted by a worker or Dr Deb The Travel Doctor does not imply or constitute any relationship with or endorsement of that attachment or the owner of that attachment by that worker or Dr Deb The Travel Doctor; and
(e) a hyperlink to a document, other than a hyperlink to a document hosted by Dr Deb The Travel Doctor, within an email transmitted by a worker or Dr Deb The Travel Doctor does not imply or constitute any relationship with or endorsement of that document, the host of that document or the owner of that document by that worker or Dr Deb The Travel Doctor.
13. Liability
13.1. No
Liability
(1) No worker nor Dr Deb The Travel Doctor is liable for:
(a) an error, inaccuracy or omission within an email that results from email transmission; or
(b) the performance of an email transmitted by or to a worker or Dr Deb The Travel Doctor; or
(c) an attachment, other than an attachment authorised by Dr Deb The Travel Doctor, to an email transmitted by a worker or Dr Deb The Travel Doctor; or
(d) an attachment to an email transmitted to a worker or Dr Deb The Travel Doctor; or
(f) a hyperlink to a document within an email transmitted to a worker or Dr Deb The Travel Doctor; or
(g) an opinion expressed by a worker within an email transmitted by a worker or Dr Deb The Travel Doctor;
to the fullest extent permitted by law or otherwise.
(2) Without limiting Section 13.1(1), no worker nor Dr Deb The Travel Doctor is liable for any consequential, direct, incidental, indirect or special charges, costs (including without limitation legal costs and defence or settlement costs), claims, damages, deaths, expenses, injuries, liabilities, losses or penalties (including without limitation damages for loss of profits, corruption or loss of data, failure to transmit or receive data, business interruption or any other commercial damages or losses) in relation to or arising out of an email of a kind mentioned in Section 13.1(1), regardless of whether a worker or Dr Deb The Travel Doctor has been expressly informed or advised of the prospect of liability in relation to or arising out of an email of a kind mentioned in Section 13.1(1), to the fullest extent permitted by law or otherwise.
13.2.
Limitation
of Liability
(a) resupply the respective email, or part thereof; or
(b) pay the cost of having the respective email, or part thereof, resupplied.
(2) For the avoidance of doubt, Section 13.2(1) does not limit, to the fullest extent permitted by law or otherwise, Section 14(2)(i).
14. Understanding, Acknowledgement, Acceptance, Agreement and Express Consent
(1) By transmitting an email to a worker or Dr Deb The Travel Doctor:
(a) the transmitter of that email; and
(b) the account-holder of the email account used by the transmitter to transmit that email;
agree and expressly consent to communicate with any worker and Dr Deb The Travel Doctor via email.
(2) By agreeing and consenting to communicate with a worker or Dr Deb The Travel Doctor via email:
(a) the recipient of an email from a worker or Dr Deb The Travel Doctor;
(c) the transmitter of an email to a worker or Dr Deb The Travel Doctor; and
understand, acknowledge, accept, agree and expressly consent, to the fullest extent permitted by law or otherwise:
(e) that a worker or Dr Deb The Travel Doctor may transmit an email to an email address provided by that individual;
(f) to indemnify all workers and Dr Deb The Travel Doctor against all consequential, direct, incidental, indirect or special charges, costs (including without limitation legal costs and defence or settlement costs), claims, damages, deaths, expenses, injuries, liabilities, losses or penalties (including without limitation damages for loss of profits, corruption or loss of data, failure to transmit or receive data, business interruption or any other commercial damages or losses) in relation to or arising out of a contravention of this Email Terms and Conditions by that individual;
(g) that Dr Deb The Travel Doctor may transfer, sub-contract or otherwise deal with a duty, an obligation, a power, a privilege, a remedy or a right of Dr Deb The Travel Doctor pursuant to this Email Terms and Conditions at any time without notice to that individual, or the understanding, acknowledgement, acceptance, agreement or consent of that individual;
(h) not to transfer, sub-contract or otherwise deal with a duty, an obligation, a power, a privilege, a remedy or a right of that individual pursuant to this Email Terms and Conditions;
(j) to undertake all procedures to satisfy the requirements of that individual for engaging in that communication, including antivirus scans, antispyware scans, and firewall monitoring and controls;
(l) that, for the avoidance of doubt, a reference to a policy within Section 14(2)(k) includes that policy as amended, supplemented, varied or replaced, from time to time.
Schedule 1
Dictionary
Document has the same meaning as in the Governing Policy.
Email means an electronic message, including its attachments, transmitted, regardless of whether that electronic message reaches its intended destination, from an electronic address in connection with an account the purpose of which is to deal with that electronic message using an internet carriage service to an electronic address, regardless of whether that electronic address exists, in connection with an account the purpose of which is to deal with that electronic message.
Law has the same meaning as in the Governing Policy.
Person has the same meaning as in the Governing Policy.
Worker has the same meaning as in the Governing Policy.
Dr Deb The Travel Doctor has the same meaning as in the Governing Policy.