You are here

Terms and conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Pokorny Urology PTY LTD's use of cookies in accordance with the terms of Pokorny Urology PTY LTD's privacy policy / cookies policy.

License to use website

Unless otherwise stated, Pokorny Urology PTY LTD and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or resources from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • redistribute material from this website (except for content specifically and expressly made available for redistribution)

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Pokorny Urology PTY LTD's express written consent.

You must not use this website for any purposes related to marketing without Pokorny Urology PTY LTD's written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Pokorny Urology PTY LTD makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any medical matter you should consult a health professional.

Limitations of liability

Pokorny Urology PTY LTD will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Pokorny Urology PTY LTD has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Pokorny Urology PTY LTD liability in respect of any:

  • death or personal injury caused by Pokorny Urology PTY LTD's  negligence;
  • fraud or fraudulent misrepresentation on the part of Pokorny Urology PTY LTD; or
  • matter which it would be illegal or unlawful for Pokorny Urology PTY LTD to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Pokorny Urology PTY LTD has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Pokorny Urology PTY LTD’s  officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Pokorny Urology PTY LTD officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Pokorny Urology PTY LTD.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Pokorny Urology PTY LTD and undertake to keep Pokorny Urology PTY LTD's indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pokorny Urology PTY LTD to a third party in settlement of a claim or dispute on the advice of Pokorny Urology PTY LTD legal advisers) incurred or suffered by Pokorny Urology PTY LTD arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Pokorny Urology PTY LTD other rights under these terms and conditions, if you breach these terms and conditions in any way, Pokorny Urology PTY LTD may take such action as Pokorny Urology PTY LTD deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Pokorny Urology PTY LTD may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Pokorny Urology PTY LTD may transfer, sub-contract or otherwise deal with Pokorny Urology PTY LTD rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Pokorny Urology PTY LTD in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Australian State and Federal laws, and any disputes relating to these terms and conditions will be subject to the Australia.

Registrations and authorisations

Pokorny Urology PTY LTD is registered with the Australian Business Register.  You can find the online version of the register at http://abr.business.gov.au/.  Pokorny Urology PTY LTD's registration number is 41 607 659 174

Dr Morgan Pokorny is registered with the Royal Australasian College of Surgeons, The Urological Society of Australia and New Zealand, The Australian Health Practitioner Regulation Agency, and the Australian Medical Association.   Morgan Pokorny's professional title is Doctor and it has been granted in Australia.  Dr Morgan Pokorny is subject to the rules and codes of conduct, which can be found at www.surgeons.org, www.usanz.org.au and www.ahpra.gov.au and www.ama.com.au.

Contact

You can contact Dr Morgan Pokorny by submitting our contact form, or by writing to:

Suite 14, Level 1
Wesley Medical Centre
40 Chasely Street
Auchenflower 4066 QLD

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.