Terms & Conditions

Welcome to www.ericchung.au, Ericchung.au website (the Site). Please carefully review these Terms of Use (Terms). For purposes of these Terms, Ericchung.au is called Ericchung.au, us, we, etc. Your use of this Site constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions of these Terms, you must not use or access the Site. Ericchung.au also may change these Terms, which will be posted to this page and become effective immediately upon posting unless stated otherwise. For this reason, we urge you to read these Terms each time you visit our Site. These Terms were last updated on May 30, 2023.

Scope

This Site is intended for adults seeking general educational information about erectile dysfunction, penile prosthesis options, related urological conditions, and ways to request contact with Prof. Eric Chung or the relevant clinic or medical team. The Site may contain information about medical conditions, procedures, devices, and treatment options, but it does not provide diagnosis, medical advice, treatment recommendations, or emergency services.

This Site is directed primarily to users seeking information connected with Prof. Eric Chung and his practice in Australia. If you access this Site from another country, you do so at your own initiative and are responsible for compliance with local laws and regulations, if applicable. Any references to treatments, medical devices, clinics, or services on the Site do not imply that they are available, appropriate, approved, or offered in your country or for your individual medical circumstances.

Registered Users

Visitors to the Site may use the public areas of the Site for informational purposes and are subject to these Terms. In addition, particular areas of this Site may contain information intended only for licensed medical professionals or other approved users. Accordingly, Ericchung.au reserves the right to limit access to certain areas of the Site to users who register and meet the qualifications imposed by us.

To register, a user may need to provide personal information, including name, profession, email address, postal address, title, medical registration information, and clinical affiliation. The information you provide must be accurate and complete, and it is your responsibility to inform us of any changes to that information by emailing us at admin@ericchung.au. We reserve the right to discontinue access to any restricted Site area at any time, without notice to you, for any reason.

If you are or become a registered user, you are responsible for maintaining the confidentiality of your User ID and password. If you become aware of unauthorized use of your User ID and password, you agree to notify Ericchung.au immediately. Your personal information is subject to our Privacy Policy, which can be found at www.ericchung.au/privacy-policy.

Modifications to Site

Ericchung.au reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Ericchung.au shall not be liable to you or any third party if Ericchung.au exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.

All of the trademarks, service marks, and logos displayed on this Site are registered and unregistered trademarks of Ericchung.au, Prof. Eric Chung, clinics, hospitals, licensors, or other third parties who have licensed or permitted their materials to be used on the Site. In addition, all Content, including but not limited to text, software, photographs, videos, graphics, icons, layouts, questionnaires, forms, or other material contained on this Site (Content) is protected by copyright, trademark, database, confidentiality, and other proprietary rights and laws. You are only permitted to use Content expressly authorized by Ericchung.au or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you.

You may download, view, copy, and print the Content subject to the following:

(a) the Content may be used solely for personal, informational, or internal business purposes;

(b) any copyright, trademark, and other proprietary rights notices must appear on all copies;

(d) no graphics may be used separately from the accompanying text.

Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another web service, use any meta tags, inline any graphics, scrape, train automated systems on, or distribute any Content or information from the Site in whole or in part without the express written permission of Ericchung.au. Requests for such permission should be made to admin@ericchung.au. Any rights not expressly granted herein are reserved.

No Medical Advice

The information on this Site is provided for informational and educational purposes only and is not intended or recommended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition, symptoms, treatment, procedure, or medical device.

Do not disregard professional medical advice or delay seeking it because of something you have read on this Site. If you believe you may have a medical emergency, contact emergency services or a qualified healthcare provider immediately. The Site is not monitored as an emergency communication channel.

We may include certain information, reference guides, questionnaires, eligibility tools, and databases intended for use by patients, carers, or licensed medical professionals. These tools are not intended to provide professional medical advice, guarantee treatment eligibility, or replace clinical judgment. Physicians and other healthcare providers should always exercise their independent clinical judgment in any given situation.

Patient Inquiries and Forms

The Site may allow you to submit contact forms, appointment requests, assessment questionnaires, consent acknowledgments, or similar information. Submitting a form does not create a doctor-patient relationship, guarantee an appointment, guarantee a response within a specific time, or guarantee that any treatment, procedure, or device is appropriate or available for you.

By submitting information through the Site, you represent that the information is accurate to the best of your knowledge and authorize Ericchung.au, the relevant clinic or medical team, and authorized service providers to use the information to process your inquiry and contact you by the contact methods you provide, subject to applicable law and your communication preferences.

Consultations are strictly confidential between you and your physician or clinic, subject to applicable law and professional obligations. Your doctor or clinic is the primary source of information about your medical history, needs, risks, treatment options, and follow-up care. You should discuss all aspects of your treatment with your doctor.

Product and Treatment Information

The Site may describe medical devices, procedures, surgical techniques, treatment pathways, patient journeys, or related educational content. Such information may not include all indications, contraindications, warnings, precautions, adverse events, risks, benefits, alternatives, or post-treatment instructions. Availability, approval, labeling, clinical practice, and reimbursement can differ by country or region.

Any treatment decision must be made between you and a qualified healthcare professional after an appropriate consultation and review of your individual condition. Nothing on the Site constitutes an offer to sell, supply, prescribe, recommend, or provide any medical device, treatment, or service in any jurisdiction where doing so would be unlawful.

User Feedback

Ericchung.au is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that Ericchung.au does not accept or consider unsolicited ideas, including ideas for new products, technologies, processes, materials, marketing plans, or product names. Please do not send unsolicited ideas or original materials to Ericchung.au or anyone associated with Ericchung.au.

If, despite this request, you submit comments, suggestions, ideas, or materials through the Site, you grant Ericchung.au a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, publish, translate, distribute, and display the submitted materials for any lawful purpose without compensation to you, unless a separate written agreement states otherwise. You represent that you have the right to submit such materials.

Links

The Site may provide links to websites operated by hospitals, clinics, professional organizations, patient education resources, technology providers, or other third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third-party links are provided merely as a convenience to you, and including any link does not imply affiliation or endorsement by Ericchung.au. Ericchung.au does not review, monitor, or check the accuracy of Content published on third-party sites and is not responsible for the availability of, or Content provided on, third-party sites.

Suppose you choose to purchase any products or services from a third party. In that case, your relationship is direct with the third party, and Ericchung.au is not responsible for any loss or damage you may incur from dealing with any third party. Third-party websites may contain information about medical products, treatments, uses, or indications that are not approved, cleared, available, or appropriate in your country. Ericchung.au does not endorse any off-label, unapproved, or unlawful use of any product or treatment.

In general, in the absence of any other agreement with Ericchung.au, you may link or hyperlink to the home page of the Site from your website, subject to the following:

(a) you notify us by email at admin@ericchung.au specifying the URL of each page from which you will be linking to our home page;

(b) you do not frame the Site or any portion of the Site;

(d) the link or hyperlink to the Site is not used in a way that suggests that Ericchung.au endorses you or your website;

(e) the link is identified using a plain text rendering of the Ericchung.au name and not any trademark or logo unless we authorize it;

(f) the link or hyperlink to the Site is not used or presented in any way that disparages Ericchung.au or tarnishes, blurs, or dilutes the quality of Ericchung.au names or trademarks or any associated goodwill; and

(g) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

Disclaimer

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Ericchung.au EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, AND AVAILABILITY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

Ericchung.au MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR DISCRETION AND RISK. Ericchung.au SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE, NETWORK, OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY CONTENT, MATERIALS, OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Ericchung.au OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

IN NO EVENT SHALL Ericchung.au, Prof. Eric Chung, THE RELEVANT CLINIC OR MEDICAL TEAM, SERVICE PROVIDERS, LICENSORS, OR OTHER PERSONS INVOLVED IN OPERATING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR BUSINESS INTERRUPTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SITE OR ANY CONTENT PROVIDED THROUGH THE SITE, EVEN IF ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUS, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, LABOR PROBLEMS, OR FORCE MAJEURE EVENTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No Resale of the Site

Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, scrape, commercially exploit, or otherwise use the Site or its Content without the express written consent of Ericchung.au.

All information submitted to the Site, including personally identifiable information and health-related information you voluntarily provide, is treated according to the Ericchung.au Privacy Policy.

Indemnity

You agree to indemnify, defend, and hold Ericchung.au, Prof. Eric Chung, clinics, service providers, licensors, officers, employees, contractors, and agents harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with, your use of or access to the Site, your violation of these Terms, your violation of applicable law, or your submission of information or materials through the Site.

Legal Compliance

You may not access, download, use, or export the Site or the Content in violation of applicable laws or regulations, including laws relating to medical advertising, healthcare, privacy, data protection, intellectual property, export controls, sanctions, or online communications. Ericchung.au may suspend or terminate access where it reasonably believes use of the Site violates applicable law or these Terms.

General

Suppose any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable, or void for any reason. In that case, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void. It shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision similar to the invalid, unenforceable, or void provision. Our failure to act concerning any breach by you does not constitute a waiver of our right to act concerning subsequent or similar breaches.

These Terms shall be governed by and construed by the laws of Queensland, Australia, without regard to conflict-of-law provisions, except where mandatory consumer, patient, medical, privacy, or data protection laws give you rights that cannot be excluded. Subject to such mandatory rights, you consent to the jurisdiction of the competent courts located in Queensland, Australia. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

Ericchung.au may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of Ericchung.au.

These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Ericchung.au on the Site, and any modifications to the preceding, constitute the entire agreement between the parties about the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. Provisions that by their nature should survive termination shall survive termination of these Terms.

Acknowledgment

By accessing this Site or registering with Ericchung.au, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.

Contact Information If you have questions regarding these Terms or the Site, please contact Ericchung.au at admin@ericchung.au.