Legal
Terms And Conditions
The following provisions govern your use of www.realdev.com.au (the Realdev’s Web Site”) and all other services made
available to you through the Realdev’s Web Site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING
Realdev’s WEB SITE.
By using the Realdev’s Web Site, you agree to be bound by these Terms and Conditions which constitute a contract
between you and Realdev (“we” or “us”). If you do not agree to all of the provisions contained in these Terms and
Conditions, DO NOT use the Realdev’s Web Site. We reserve the right to revise and update these Terms and Conditions at
any time. Please periodically review these Terms and Conditions. Your continued use of the Realdev’s Web Site is deemed
to be your acceptance of and agreement to any revised Terms and Conditions.
User Submissions
It is a condition of these Terms and Conditions that all information you post and/or submit to be posted in our directories,
including all advertisements and creative designs, are either your own works or works which you are using with the
permission of the owner. By submitting information (including advertisements and designs) to any part of the Realdev Web
Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-
free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone
or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that
any and all information you post to the Realdev Web Site
(i) complies with all relevant laws;
(ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person;
(iii) is not misleading or deceptive nor likely to mislead or deceive; and
(iv) does not violate any privacy laws or regulations or client confidentiality. You warrant that any and all information
submitted by you and posted on the Realdev Web Site, including in any directories, is true, complete and correct.
You should be aware that personally identifiable information you choose to disclose on the Realdev Web Site may be
used by third parties and such use is beyond our control.
You must not send any information which
(i) is libelous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or
intellectual property rights of any other person, or
(ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of
the Realdev Web Site or any of our users.
We may deny you access to all or part of the Realdev Web Site and/or suspend or cancel your service account without
notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of
these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity
that may result from the suspension or cancellation of your service account.
Copyright and Trade Marks
The entire contents and design of the Realdev Web Site, including all trade marks, text, images and audio and video files,
is proprietary to us or our content providers and is protected by copyright laws. The Realdev Site is for your personal, non-
commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any
material contained in the Realdev Web Site without our express prior written permission or the permission of the relevant
copyright owner. You may not use any of the information on the Realdev Web Site for commercial purposes or to
establish, operate or maintain your own product or service offering.
General Disclaimer
The Realdev Web Site is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law
without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of
merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of
dealing or custom of trade. We make no representation or warranty that any content of the Realdev Web Site is
accurate, complete, appropriate, reliable or timely. We also make no representation or warranty that your access to and
use of the Realdev Web Site will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful
components. We reserve the right to discontinue operating the Realdev Web Site at any time without notice.
Use of the Realdev Web Site
Your use of the Realdev Web Site is at your own risk. You are responsible for taking all precautions you believe necessary
or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Realdev
Web Site. Neither we nor anyone else involved in creating, producing or delivering the Realdev Web Site, or the materials
contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information
provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental,
special, consequential or punitive damages arising out of your use of, or inability to use, the Realdev Web Site. You must
not use any means of automatically searching or mining data from the Realdev Web Site or in any way interfere or
attempt to interfere with the proper operation of the Realdev Web Site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or
interferes with the Realdev Web Site, our systems or data or those of any third party via the Realdev Web Site.
Disclaimer
We strive to provide valuable and accurate health information. The editors of the material contained in the Realdev Web
Site have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of
posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the
Realdev Web Site neither we nor any other party involved in the preparation of material contained in the Realdev Web
Site represents or warrants that the information contained therein is in every respect accurate or complete, and they
assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are
encouraged to confirm the information contained therein with other sources.Patients and consumers reading articles on
the Realdev Web Site should review the information carefully.
The Realdev Web Site may contain links to web sites operated by third parties. The linked sites are not under our control
and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or
updates to such sites. The appearance of any product, service or web site link on the Realdev Web Site does not imply
endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web
site links.
Indemnification
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information
providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including
reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service
account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful
conduct) by you or any other person accessing the Realdev Web Site
Waiver, Release and Limitation of Liability
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information
providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity
in connection with your use of the Realdev Web Site. You hereby release and forever waive any and all claims you may
have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or
suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors,
employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in
connection with your use of the Realdev Web Site. Our liability for any claim arising from a breach of any term or
condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the
case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services
re-supplied.
Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors,
employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage
arising in connection with the Realdev Web Site shall not exceed the greater of the amount of fees paid by you for the
particular information or service provided or AUD$200. Except where such limitation is prohibited by law, in no event shall
we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to
you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage,
whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Realdev Web Site is
hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers,
licensors or suppliers have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any
responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Realdev
Web Site, or resulting from the act or omission of any other party involved in making the Realdev Web Site or the
information contained therein available to you, or from any other cause relating to your access to or your inability to
access the Realdev Web Site or that information, whether or not the circumstances giving rise to such cause may have
been within our control or the control of any vendor providing software or services support to us.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of
our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of
these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own
behalf.
Miscellaneous
Advertisers and sponsors of the Realdev Web Site have no influence on editorial content or presentation.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written
consent.
Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint
venture or principal and agent.
We will send any legal notices or communications regarding your service account to your nominated email address.
Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the
“Contact Us” facility on the Realdev Web Site. A notice sent to you by email or facsimile will be deemed to have been
received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by
mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of
termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision
will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would
save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the
enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of New South Wales, Australia.
Last updated on 1/11/2019.
Copyright 2019 © Realdev. All rights reserved.