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(1) Customer Acknowledgement & Acceptance of Terms-
  The following are the terms and conditions upon which your access to ailcd.com.au, ailcd.com, thinkingstore.com, edu-talk.com (collectively the “Website” or “Site”) is governed and upon which Australian Institute of Learning & Cognitive Development Pty Ltd (“AILCD”) provides the Website. 
(a) The services that AILCD, associated companies, and third parties provide to you (collectively, the “Services”) including this Web site (the “Site”) and all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") are subject to the following Terms of Use set forth in this document and any changes to this document that AILCD may publish from time to time (collectively, the “Terms of Use”).  These Terms of Use include AILCD’s Privacy Statement (accessible from the link at the bottom of the Site) and AILCD’s Disclaimer (accessible from the link at the bottom of the Site), each of which must be read in conjunction with the others as they collectively make up AILCD’s “Terms of Use”.  We reserve the right to update these Terms of Use without notice to you.  The most current version of our Terms of Use can be viewed by clicking on the “Terms of use” link at the bottom of our web pages. 
(b) By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use and its amendments.  Your continued use of the Site, or any Materials or Services accessible through it, after such notice of amendments has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed

(2) General

The materials and information on the Website has been prepared by AILCD in good faith from sources believed to be accurate at the time of publication. AILCD does not warrant the accuracy of the materials and information. Users rely on the information at their own risk.

AILCD is not liable to you or any other user of the Website for any loss or damage to you that arises in connection with the use of it or any website to which a link is provided from it.

The material on the Website is subject to the intellectual property rights of AILCD or its licensors. You should read the specific provisions in relation to copyright and trademarks below.

These terms and conditions are subject to change and review without notice. You agree to be bound by these terms and conditions and any revisions or changes to them that may be made from time to time in the future.

The Website is published from the state of New South Wales, Australia. The Website has been produced with the laws of NSW in mind. AILCD does not guarantee that the contents of the Website will comply with laws of any other jurisdiction. As such, you agree that your use of the Website is subject to the laws of NSW and any dispute or action in relation to the Website will be brought by you in the Courts of NSW.
If any provision of this Agreement or part thereof is held by a court of competent jurisdiction to be unlawful or unenforceable or in conflict with any rule of law, statute, ordinance or regulation, the validity and enforceability of the remaining provisions or parts thereof will not be affected.

(3) Personal & Non-commercial Use Limitation

All our online eCommerce clients are welcome to use all our materials and items for sale for personal use provided you do not modify, copy, change or remove any part of the materials from how it appears on this site (including any copyright notices).  However, since all the products, services and materials on this site are protected by copyright, trademark, patent and other intellectual property laws, AILCD asks all those with commercial or professional interest to gain the appropriate authority if there is a desire to use the materials in a commercial or professional context.  AILCD and its suppliers do not grant any express or implied right to use any of these products commercially or professionally except with proper and appropriate permission.  AILCD welcomes commercial, organisational and professional enquiries for the use of our products.  However if appropriate arrangements are not made to use the products and materials on a professional or commercial basis,  any breaches of copyright or any other intellectual property laws will be prosecuted to the full extent of the relevant laws.

(4) Notice specific to Software available on this web site:

Software is made available on this Site to our clients who first agree to the Software Licence Terms and are prepared to operate the software in accordance with the Software Licence Agreement.  If the Software Licence Agreement is broken, criminal penalties will apply and violators will be prosecuted to the maximum extent of the law.

This Software is for personal use only and therefore the end user is not given permission to reproduce or redistribute this software privately or commercially.  Third party software sold from this Site may contain additional copyright and Licence Agreement conditions of the manufacturer and Users agree to abide by these.

Warranty:  AILCD only provides warranty in regards to merchantability, fitness for purpose and misleading statements and advertising according to the latest copy of our Warranty and Refund Policy found on this Site.

Limitations of Warranty:  AILCD cannot warrant the outcome and use of the product as that is dependent upon individuals following instructions and comprehending procedures relating to the use of the Software.

(5) Notice specific to Documents, Information & Services available on this web site

AILCD welcomes the professional use of white papers, press releases and research papers marked specifically for public release.  These may be used under the condition that both permission notices and the copyright notices appear on the document unmodified and that all such uses constitute Fair Dealing as defined under the Copyright Act (1968 and amendments).  If any professional person or commercial entity uses such documentation without the appropriate acknowledgement as requested above, the publication will be considered a breach of copyright.

Documents specified above do not include the design or layout of this Web Site or any other Web Site owned, operated, licensed or controlled by AILCD. Elements of AILCD’s Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image or part thereof from any AILCD Web site may be copied or retransmitted unless expressly permitted by AILCD.

(a) Warranty Information

Any information contained in the documents and products on this website must not be relied on as the sole source of information or solution for any problem, learning difficulty, behavioural disorder, or medical condition.  In all cases, it is the User’s sole responsibility to contact a qualified practitioner to gain express and specific advice for his/her problem or needs.  The materials found on this website are purely a guide and a resource for individuals and groups wishing to seek personal cognitive and educational improvement and are used at the personal choice and discretion of the user. For this reason, AILCD does not accept liability for the outcomes related to the use of our products or services or third party products and services as the outcomes related to  information or advice given is dependant on how the individual applies or uses that advice or information. All accepted warranties for our products and services are found in our Warranties and Refund Policy document on this site.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors.  Changes are periodically added to the information herein.  AILCD and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time without notice.

(6) Warranties and Disclaimers-

The materials and information on this website have been prepared by AILCD in good faith from sources believed to be reliable and accurate at the time of preparation. AILCD has used its best endeavours to ensure that the materials and information are correct and current at the time of publication and that the material and information are free from computer viruses or other defects.

However, to the extent permitted by law, AILCD takes no responsibility for any errors or omissions or any direct, indirect, special or consequential losses or damages which may arise from the use of or reliance on the material on the Website. Where permitted by law, liability of any kind, including AILCD’s own negligence, is disclaimed. In the event such a disclaimer is not permitted, AILCD’s liability is limited to the correction of any error on the Website. Under no circumstances will AILCD be liable for any exemplary, punitive, special, indirect or consequential damage.

AILCD does not assume liability for any products or services advertised or reviewed on the Website. AILCD makes no representations as to any fitness for purpose, merchantability, quality or availability of third party products advertised or on which information is provided. You should make your own enquiries with the various suppliers and manufacturers and rely on your own judgement.

The Website is available internationally and may contain references to products and services not available in all countries. Reference to a particular product or service does not imply AILCD will make such products or services available in all countries.

AILCD is not a medical organisation, and does not provide medical advice or diagnosis. Although AILCD provides therapeutic strategies, nothing on the Website should be construed as advice or diagnosis. The materials, information and reports generated by AILCD should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified doctor. The Website is intended only for the use of healthy adults.

(7) International users

(a)  This Site can be accessed from countries around the world and may contain references to AILCD products, services, and programs that are not available in your country.  These references do not imply that AILCD intends to announce such products, services, or programs in your country.  However, if you are interested in our products and services, AILCD welcomes your communication and we will determine with you what services or products we are able to effectively supply you.
(b) The Site is controlled, operated, and administered by AILCD from its offices within Australia. AILCD makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside Australia, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside Australia, you are responsible for compliance with all local laws. AILCD adheres to all export control laws as specified and amended by the Australian Federal Government. For further information see: http://www.dfat.gov.au

(8) Limitation of Liability

AILCD , its subsidiaries, affiliates, agents, officers, directors, employees, partners, suppliers or assigns hold themselves free from liability to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind that may cause you or any third party to experience the loss of: use, data, profits or damage to your software or hardware as a result of accessing our website, accessing third party websites through recommended links, using our software or accessing or using third party software.  Liability is also limited from issues arising out of or in connection with the use of or the inability to use this site, its services, or materials, the statements or actions of any third party on or through the site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any services available through the site that are delayed or interrupted, or any web site referenced or linked to from this site.

(9) No Unlawful or Prohibited Use

(a)  As a condition of your use of the Site, you will not use the Site, its contents, products or services for any purpose that is unlawful or that is prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of the Services or any server or network(s) connected to, or a part of, the Services, or interfere with any other party's use and enjoyment of any Services.  You may not create a false identity or attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of the Services or related servers, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. 

(10) Use of Services
Use and protection of account number and password

AILCD makes you responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

Our services may from time to time contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). If these services are provided, you agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the intent of the particular Communication Service. As an example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

    AILCD while not continually monitoring our communication sites that may from time to time be offered as a service on this site, reserve the right to remove any communication that does not conform to the above conditions for the use of the service.  AILCD reserves the right to disclose any information that is required to satisfy any applicable laws, regulations, legal process or government request.  AILCD also has the right to terminate access to secured sites if the client does not conform to the rules of the site and or government regulation.

    AILCD advises all clients who participate on public communication services, through the internet, to be careful about giving personal identity and personal information to unsecured sites.  AILCD will not be held liable for any damages experienced through the release of such private information.

  • (11) Personal information and Privacy

    AILCD values and protects your personal information and privacy in accordance with the National Privacy Principles as specified in the Privacy Amendment (Private Sector) Act (2000).  These principles have been summarized here as follows:

    1. Collection

         1.1 AILCD will only collect, by lawful and fair means, personal information that is required in order to provide its Services.  When collecting such information, AILCD will provide you with the required notices concerning the collecting organization, your ability to access the information, the reasons for collecting such information, the organizations to which we disclose the information, any law requiring collection of the information, and any consequences (if any) for the ind+ividual if all or part of the information is not provided. 

    2.Use and disclosure

        2.1 AILCD will only use or disclose personal information for the Primary Purpose of collection unless:
      2.1.1 The secondary purpose is clearly related to the primary purpose of collection and the individual would reasonably expect AILCD to use or disclose the information forthe secondary purpose.

       2.1.2 The individual has consented to the use or disclosure

       2.1.3 The information is not sensitive information and is being used for the secondary purpose of direct marketing without disclosure or identity of the person and therefore:

       2.13.1. It is impracticable for AILCD to seek the individual’s consent before that particular use; and

    2.1.3.2. AILCD will not charge the individual for giving effect to a request by the individual to the organization not to receive direct marketing

    2.1.3.3 The individual has not made a request to AILCD not to receive direct marketing communications; and

    2.1.3.4. In each direct marketing communication by AILCD with the individual,

    2.3.4.5. Each written direct marketing communication by AILCD with the individual will include AILCD’s business address, telephone number, fax and email address.

    2.1.4. If the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety: It is impracticable for AILCD to seek the individual’s consent before use or disclosure; and
    2.1.4.1 It is impracticable for AILCD to seek the individual’s consent before use or disclosure; and

    2.1.4.2.
    The use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph; and
    2.1.4.3. In the case of disclosure —AILCD reasonably believes that the recipient of the health information will not disclose the health information, or personal information derived from the health information; or
    2.1.5 AILCD reasonably believes that the use or disclosure is necessary to lessen or prevent:

    2.1.5.1. A serious and imminent threat to an individual’s life, health or safety; or
    2.1.5.2. A serious threat to public health or public safety; or

    2.1.6. AILCD has reason to suspect that unlawful activity has been, is being, or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
    2.1.7. The use or disclosure is required or authorized by or under law; or

    2.1.8. AILCD reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by, or on behalf of, an enforcement body:


      2.1.8.1. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction, or breaches of a prescribed law;
      2.1.8.2. the enforcement of laws relating to the confiscation of the proceeds of crime;
      2.1.8.3. the protection of the public revenue;
      2.1.8.4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

      2.1.8.5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
      2.2 If AILCD uses or discloses personal information under paragraph 2.1.8, we will make and keep a written note of the use or disclosure.
      2.3 Subclause operates in relation to personal information that an organization that is a body corporate has collected from a related body corporate as if the organizations primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information.

      2.4 Despite subclauses 2.1.1-2.1.8, AILCD may disclose health information about the individual to a person who is responsible for the individual if:


      2.4.1. the individual:
      2.4.1.1 is physically or legally incapable of giving consent to the disclosure; or
      2.4.1.2 physically cannot communicate consent to the disclosure; and
      2.4.2. a natural person (the carer) providing the health service for the organisation is satisfied that either:
      2.4.2.1 the disclosure is necessary to provide appropriate care or treatment of the individual; or
      2.4.2.2 the disclosure is made for compassionate reasons; and

      2.4.3. the disclosure is not contrary to any wish:
      2.4.3.1 expressed by the individual before the individual became unable to give or communicate consent; and
      2.4.3.2 of which the carer is aware, or of which the carer could reasonably be expected to be aware; and the disclosure is limited to the extent reasonable and necessary

      2.4.4. for a purpose mentioned in paragraph 2.10.2.
      2.5 For the purposes of subclause 2.4 a person is responsible for an individual if the person is:
      2.5.1. a parent of the individual; or
      2.5.2. a child or sibling of the individual and at least 18 years old; or
      2.5.3. a spouse or de facto spouse of the individual; or
      2.5.4. a relative of the individual, at least 18 years old and a member of the individual's household; or
      2.5.5. a guardian of the individual; or
      2.5.6. exercising an enduring power of attorney granted by the individual that is exercisable in relation
      2.5.7. a person who has an intimate personal relationship with the individual; or
      2.5.8. a person nominated by the individual to be contacted in case of emergency.
      2.6. subclause 2.5:
      2.6.1. Child of an individual includes an adopted child, a step-child and a foster-child, of the individual
      2.6.2. Parent of an individual includes a step-parent, adoptive parent and a foster-parent, of the individual.
      2.6.3. Releative
      of an individual means a grandparent, grandchild, uncle, aunt, nephew or niece, of the individual
      2.6.4. Sibling of an individual includes a half-brother, half-sister, adoptive brother, adoptive sister, step-brother, step-sister, foster-brother and foster-sister, of the individual
      2.7. In order to provide our clients with the Services associated with the primary purpose of collection (such as the purpose of providing cognitive reports and interpretations), AILCD discloses personal information collected to Australian Cognitive Testing & Research (ACTR) as ACTR is the sole provider of these services.  ACTR will keep all such personal information disclosed to it by AILCD in accordance with the principles outlined in this document.  Note: both companies are licenced to use the IP of Denis Jenkins.

      3. Data quality
    3.1. AILCD will take all reasonable steps to ensure personal information used or disclosed is accurate, complete and up-to-date.
      4. Data security
    4.1. AILCD will take all reasonable steps to protect your information from misuse, loss, unauthorized access, modification or disclosure. When personal information is no longer needed for any purpose under National Privacy Principle 2, AILCD will take reasonable steps to destroy or permanently de-identify personal information
      5. Openness
    5.1 AILCD’s Privacy Policy sets out our management of personal information and is available from the links at the bottom of our Site. If requested by the individual or any other authorized person, AILCD will provide a summary of the kinds of personal information we hold, and for what purposes, and how we collect, hold, use and disclose personal information.
      6. Access and correction
    6.1 AILCD will provide you with access to your own personal information on request except to the extent that:
    6.1.1 in the case of personal information other than health information—providing access would pose a serious and imminent threat to the life or health of any individual; or
    6.1.2 in the case of health information—providing access would pose a serious threat to the life or health of any individual; or
    6.1.3 providing access would have an unreasonable impact upon the privacy of other individuals; or
    6.1.4 the request for access is frivolous or vexatious; or
    6.1.5 the information relates to existing or anticipated legal proceedings between AILCD and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
    6.1.6 providing access would reveal the intentions of AILCD in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
    6.1.7 providing access would be unlawful; or
    6.1.8 denying access is required or authorised by or under law; or
    6.1.9 providing access would be likely to prejudice an investigation of possible unlawful activity; or
    6.1.10 providing access would be likely to prejudice:
    6.1.10.1 the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
    6.1.10.2 the enforcement of laws relating to the confiscation of the proceeds of crime; or
    6.1.10.3 the protection of the public revenue; or
    6.1.10.4 the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
    6.1.10.5 the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or
    6.1.11 an enforcement body performing a lawful security function asks AILCD not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
    6.2. However, where providing access would reveal evaluative information generated within AILCD in connection with a commercially sensitive decision-making process, AILCD may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
    6.3. If AILCD is not required to provide the individual with access to the information because of one or more of paragraphs 6.1.1 to 6.1.11 (inclusive), AILCD will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
    6.4. If AILCD charges for providing access to personal information, those charges will not be excessive; and will not apply to lodging a request for access.
    6.5. If AILCD holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, AILCD will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
    6.6. If AILCD holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, AILCD will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
    6.7. AILCD will provide reasons for denial of access or a refusal to correct personal information.
      7. Identifiers
    7.1 AILCD will not adopt as its own identifier (“identifier” includes a number assigned by an organization to an individual to uniquely identify the individual for the purposes of the organization’s operations; the individual’s name or ABN are not identifiers) of an individual an identifier assigned to an individual by an agency, agent of such an agency, or a contracted service provider for a Commonwealth contract.
    7.2. AILCD will not use or disclose an identifier assigned to an individual by an agency, agent of such an agency, or a contracted service provider for a Commonwealth contract unless:
    7.2.1. the use or disclosure is necessary for AILCD to fulfill its obligations to the agency; or.
    7.2.2. one of more of paragraphs 2.1.5 to 2.1.8 (inclusive) apply to the use or disclosure; or
    7.2.3. the use or disclosure is by a prescribed organization of a prescribed identifier in prescribed circumstances.
    7.2.4. Note: Prerequisites must be satisfied before the matters in paragraph 7.2.3 are prescribed: see subsection 100(2)
    7.3.In this clause: Identifier includes a number assigned by an organization to an individual to identify uniquely the individual for the purposes of the organisation’s operations. However, an individual’s name or ABN is not an identifier.
      8. Anonymity
    8.1.AILCD will, whenever lawful and practicable, provide individuals with the option of not identifying themselves when entering transactions with AILCD.
      9. Transborder data flows
    9.1. AILCD will only transfer personal information to someone in a foreign country if:
    9.1.1. AILCD reasonably believes that the recipient will uphold principles for fair handling of the information that are substiantially similar to the National Privacy Principles; or
    9.1.2. the individual consents to the transfer; or
    9.1.3.the transfer is necessary for AILCD to perform a contract between it and the individual, or for AILCD to implement pre-contractual measures taken in response to the individual’s request; or
    9.1.4.the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between AILCD and a third party; or
    9.1.5. all of the following apply:
    9.1.5.1. the transfer is for the benefit of the individual;
    9.1.5.2. it is impracticable to obtain the consent of the individual to that transfer;
    9.1.5.3. if it were practicable to obtain such consent, the individual would be likely to give it; or
    9.1.6.AILCD has taken reasonable steps to ensure that the information which we have transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
      10. Sensitive information
    10.1.AILCD only collects sensitive information about an individual when:
    10.1.1. the individual has consented; or
    10.1.2.the collection is required by law; or
    10.1.3. the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
    10.1.3.1.is physically or legally incapable of giving consent to the collection; or
    101.3.2. physically cannot communicate consent to the collection; or
    physically cannot communicate consent to the collection; or
    10.1.4.the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
    10.5.If AILCD or one of its subsidiaries becomes a non-profit organization, information collected in the course of activities will
    10.1.5.1.relate solely to the members of the organization or to individuals who have regular contact with it in connection with its activities;
    10.1.5.2.indicate, at or before collecting the information, to the individual whom the information concerns that the organization will not disclose the information without the individual’s consent; or
    10.2.Despite clause 10.1 above, AILCD may collect health information about an individual if:
    10.2.1.the information is necessary to provide a health service to the individual; and
    10.2.2the information is collected:
    10.2.2.1. as required by law (other than this Act); or
    10.2.2.2. in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organization
    .10.3.Despite clause 10.1 above, AILCD may collect health information about an individual if:
    10.3.1.The collection is necessary for any of the following purposes:
    10.3.1.1.research relevant to public health or public safety;
    10.3.1.2.the compilation or analysis of statistics relevant to public health or public safety;
    10.3.1.3.the management, funding or monitoring of a health service; and
    10.3.2.that purpose cannot be served by the collection of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained; and
    10.3.3.it is impracticable for AILCD to seek the individual’s consent to the collection; and
    10.3.4.the information is collected:
    10.3.4.1.as required by law (other than this Act); or
    10.3.4.2. in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organization; or
    10.3.4.3.in accordance with guidelines approved by the Commissioner under section 95A for the purposes of this subparagraph.
    10.4.If AILCD collects health information about an individual in accordance with clause 10.3 above, AILCD will take reasonable steps to permanently de-identify the information before AILCD discloses it.
    10.5.In this clause: non-profit organization means a non-profit organization that has only racial, ethnic, political, religious, philosophical, professional, trade, or trade union aims.

    (12) Links to and from this Site

    (a) Links to the Website

    AILCD welcomes linking to the Website, but only on the following conditions:
    (a) that the content is not passed off or misrepresented as being the content of any other website or information system;
    (b) that the Website is not framed in any way;
    (c) that any link to the Website will cause a new browser window to open or allow the content to load into the full browser window;
    (d) that the linking does not either expressly or implicitly represent that AILCD, or its licensors, advertisers or affiliates, endorse or approve of the website on which the link is provided; and
    (e) that a link is not provided from a website which may be regarded as offensive, distasteful or contain illicit material of an adult nature.
    (b) Links provided on the Website
    This Site may contain links to third party sites not controlled by or related to AILCD and its Services. AILCD provides these links to Third Party sites and associated services, collectively “Third Party Services” for your information and convenience only and is not responsible for any content, link, information or omission or any future updates on the Third Party Services. The provision of these links does not indicate or imply that AILCD has any relationship to or interest in or endorsement of the Third Party and its services.
    AILCD makes no warranty or representation as to the reliability or accuracy of the information contained on these linked sites.
    The providers of these linked sites often have their own rules and standards in relation to their sites and the information which appears on them. You are urged to familiarise yourself with the rules and standards of other websites to which links are provided as AILCD cannot and does not warrant that the linked sites are complete, current, reliable or free from error.
    By using these Third Party Services you agree that you will not hold AILCD responsible or liable for any act or omission, information or lack thereof or any other reason in relation to any Third Party Services accessible from this Site, nor seek to do so.
    AILCD does not and cannot accept responsibility or liability for any loss, damage, cost or expense that might be incurred by a user of the Website as a result of the use of or reliance upon the materials which appear at any of the linked sites.

    (13) Requests for Information / Unsolicited Idea Submission Policy

    If you request information on a particular topic, or suggest a topic for our CD products, you do so on the understanding that any such suggestion or information supplied to us may be used by us to create products that may become of commercial value. In making such a request or suggestion, you therewith provide that “unsolicited idea” to us as Public Domain and certify that that idea is not a part of another person’s/organization’s Intellectual Property. As such, if we, at our own discretion, and using our own resources, develop that idea into a product of commercial value, you recognize that you cannot claim any part of the profits from those product(s)/service(s).
    AILCD reserves the right to reject any or all unsolicited ideas and to answer or not to answer any questions at our own discretion and in our own time and depending on the resources, either staff or otherwise, that we may have or not have at the time. If you have any urgent requests, or require information regarding urgent or critical medical advice or assistance, we recommend you contact an appropriately certified provider.

    (14) Copyright Notice

    All material on the Website is subject to copyright under the Copyright Act 1968 (Cth) and through various international treaties and agreements under the laws of other countries.
    Unless otherwise noted, all materials on this Site are Copyright © 1994 Denis Linton Jenkins, PO Box 598 Hornsby, NSW, 2077 Australia. All rights reserved.
    All rights not expressly granted under these terms are reserved.
    Unless expressly stated to the contrary, AILCD entitled or licensed by Mr. Jenkins or other third parties to reproduce all the material on the Website.
    Other than for the purpose of the Copyright Act 1968 (Cth), or as stated below, no material on the Website may be altered, reproduced, stored, published, adapted, communicated or transmitted without AILCD’s prior written consent.
    You may only copy material on the Website:
    • to store copies of the material on a computer for private and non-commercial viewing; and/or
    • to print copies of the material for a non-commercial purpose, provided that the material is attributed to AILCD and/or any other nominated author, and retains all the marks of AILCD’s ownership and includes this notice.
    If you wish to use any of the materials on this site in a manner that is not specified here, or if you have any questions regarding the copyright of any part of this Site or its contents, please Contact Us using the most current contact details from our Site.

    (15) Trademarks

    Trademarks
    Trademarks, logos and other service marks on this Site on this site remain the property of AILCD or their respective owners and may be subject to certain rights both in Australia and overseas. You are not allowed to use these marks without prior written consent from the appropriate owner.

    (16) Indemnity and Liability

    You are solely responsible for any content or material you submit, post or transmit through the Site and for your use or misuse of the Site, and agree to indemnify and hold AILCD and all associated organizations, partners & employees, harmless from all claims made by any third party in relation to any content or material you submit, including your violation of the Terms of Use, or the rights of any other person or entity.

    (17) Contacts

    Please Contact Us using the most recently updated list from this Site.
       
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