Terms and conditions of the use of CoDEx
The following terms and conditions (Terms) govern the use of the web based information
tool known as Computerised Diagnostic Expertise (CoDEx) by any person (you) and form an
agreement between you and the Centre for Eye Research Australia Ltd (CERA). By using
CoDEx, you agree to be bound by these Terms.
CoDEx has been designed for, and is intended to be used by, medical practitioners. It is an
informational and educational resource for medical practitioners that may provide
information about, and assist medical practitioners to diagnose, eye conditions. If you are a
medical practitioner, you agree that you must exercise your own professional judgment as to
when and how to use CoDEx and whether it is appropriate for your circumstances or your
patient’s circumstances. CoDEx is not a substitute for professional clinical diagnosis, advice or
treatment. If you are a medical practitioner you agree that you are fully responsible for your
decision to use CoDEx and for your use of any information obtained from CoDEx. You also
agree that all clinical decisions, including diagnoses, made with the assistance of CoDEx are
based on your own professional judgment and that you are fully responsible for them.
If you are not a medical practitioner, you agree that you must not use or rely on CoDEx as a
substitute for professional medical advice, diagnosis or treatment. If you are not a medical
practitioner, you should seek professional advice from a qualified medical practitioner.
CoDEx is owned by the Centre for Eye Research Australia Ltd (CERA). CERA owns and retains all intellectual property rights in CoDEx. CERA grants to you a limited, royalty free, nontransferable, non-exclusive licence to use CoDEX for the purpose of assisting you to obtain information about eye conditions. CERA may revoke the licence at any time. You must not modify, reverse engineer, decompile, disassemble, reproduce, distribute or publish CoDEx or any part of CoDEx without CERA’s written permission.
CoDEx is available for use on an ‘as is’ and ‘as available’ basis. To the maximum extent
permitted by law, CERA disclaims and excludes all express and implied warranties and
representations regarding CoDEx, including but not limited to warranties and conditions of
merchantability, fitness for a particular purpose and non-infringement. CERA does not
warrant that CoDEx will be available at any time or that your use of CoDEx will be
uninterrupted, error free or virus free. CERA does not warrant that any information provided
by CoDEx is accurate or complete or that it will assist you to make any diagnosis.
CERA is not liable, under any circumstances, for any direct, indirect, incidental, special, or
consequential damages or losses that result from or are in connection with the use of, or the
inability to use, CoDEx, even if CERA has received notice of the possibility of such damages.
You are responsible for, and you expressly release CERA from, any claims (including, without
limitation, claims for personal injury or death), losses, liability, damages, and expenses
arising out of or relating to your use of CoDEx or any alleged violation by you of these Terms.
You agree to indemnify and hold CERA harmless against any claims (including, without
limitation, claims for personal injury or death), losses, liability, damages, and expenses
resulting from your use of CoDEx or any alleged violation by you of these Terms.
CERA may at any time and without notice modify or discontinue CoDEx. Furthermore, CERA
may amend these Terms at any time without notice. By continuing to use CoDEx, you agree
to be bound by any such amended Terms.
These Terms are governed by and will be construed in accordance with the laws of the State
of Victoria, Australia. You submit to the non-exclusive jurisdiction of its courts and courts of
appeal from them and will not object to the exercise of jurisdiction by those courts on any
basis.
If any provision of these Terms is or becomes illegal, unenforceable or invalid in any
jurisdiction, it is to be treated as being severed from these Terms in the relevant jurisdiction,
but the rest of these Terms will not be affected. The legality, validity and enforceability of
the provision in any other jurisdiction will not be affected.
CERA will handle any personal information you provide to it in connection with your use of
CoDEx in accordance with CERA’s privacy policy.