Ausmed Education Pty Ltd – Terms and Conditions

1. About the Ausmed Site

1.1. References in these Terms to the Ausmed Site are references to the website “www.ausmed.com.au” or any subsequent URL used by Ausmed Education Pty Ltd (ACN 107 354 441) from time to time.

1.2. References in these Terms to “Ausmed”, “we” “us” or “our” are references to Ausmed Education Pty Ltd (ACN 107 354 441). The terms “you” and “your” are references to visitors to the Ausmed Site, Users and Members of the Ausmed Site and/or a recipient of CPD Organiser Services (as defined in clause 3.10 below) or Event Services (as defined in clause 3.11 below) from time to time. The terms “Users” and “Members” are each defined in clause 3 below.

1.3. The Ausmed Site is [owned and] operated by Ausmed.

1.4. Your use of and continued access to the Ausmed Site or use of any of the Services constitutes your agreement to these Terms and the Terms constitute a legally binding agreement between Ausmed and you as either a visitor to the Ausmed Site, a User, a Member and/or a recipient of CPD Organiser Services or Event Services. Ausmed may amend these Terms at any time, and you are deemed to have accepted and be bound by such amendments, each in accordance with clause 22 of these Terms.

1.5. Ausmed has issued a Privacy Statement which is published online under the ‘privacy statement’ link in the footer of all pages on the Ausmed Site. The Privacy Statement, in such form as may be amended from time to time and posted on the Ausmed Site, is hereby incorporated by reference into these Terms as if fully set forth herein. By using the Ausmed Site or using any of the Services you are also agreeing to the terms of the Privacy Statement as contained on the Ausmed Site. Among other things, the Privacy Statement sets out the information which Ausmed may gather about you through your use and/or membership of the Ausmed Site or use of the Services and the way in which Ausmed will use that information.

1.6. Reference in the Ausmed Site to $ are to Australian dollars and all prices include GST unless specifically stated otherwise. All payments to be made under this Agreement shall be calculated and paid in Australian dollars.

2. Your acknowledgment

2.1. You guarantee and warrant to Ausmed that you are at least 18 years of age and that you possess the legal capacity to enter into any agreements formed in accordance with these Terms. You authorise us to undertake any such verification checks from time to time as we may require in order to confirm your age.

2.2. You will not use the Ausmed Site or any Services for any purpose that is unlawful or prohibited by these Terms.

2.3. Without limiting these Terms, you agree to comply with all applicable laws regarding access to and use of the Ausmed Site, the transmission of data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the internet.

3. Users, Members, Subscriptions and Services

3.1. Introduction

3.1.1. In these Terms, a User refers to a person who is an account holder with the Ausmed Site in accordance with clause 3.2 but who does not have a current paid membership as a Member under these Terms.

3.1.2. Ausmed provides, through the Ausmed Site and subject to these Terms, the opportunity for Users to become members of the Ausmed Site (such Users, each a “Member”) for a certain period by way of undertaking and maintaining a subscription to the Ausmed Site (each, a “Subscription” and the terms “Subscribe” and “Subscribing” have related meanings in these Terms).

3.1.3. The services being provided by Ausmed as described in this clause 3 (including the CPD Organiser Services and the Event Services) are “Services” (and each, a “Service”).

3.2. Users

3.2.1. In order to sign up to the Ausmed Site as a User you must successfully complete the user account creation form on the Ausmed Site and provide your personal details including your name, address, phone number and email. These details must be entered on the Ausmed Site to proceed with most transactions and a user account will automatically be created for you upon completion of these types of transactions. Subject to the rights of Ausmed under these Terms, a person shall become a User of the Ausmed Site following compliance with these requirements.

(a)No fees are payable by Users for general usage of the Ausmed Site, however they are able to purchase Event (as defined in clause 3.11) registrations and make other transactions from time to time. The rights of Users are as follows (each as may be described on the Ausmed Site or modified by Ausmed from time to time):To register for Events such as seminars, conferences and study days (as described in, and subject to, clause 3.11).

(b) To purchase Ausmed textbooks and other tangible items.

(c) To use the CPD Organiser Service (as described in, and subject to, clause 3.10), blogs and other free services described as such in the Terms or on the Ausmed Site from time to time.

3.3.Members

3.3.1. Each Member must be a User. If a User wishes to Subscribe to become a Member, it shall place an order for Subscription through the Ausmed Site by completing the ‘new subscription’ process as set out at [insert link]. Each Subscription order a User places through the Ausmed Site shall be deemed to be an offer by the User to become a Member for the period specified in the order on and subject to these Terms and any additional terms and conditions as apply to Members or as notified to the User by us.

3.3.2. Ausmed shall not be obliged to accept any or all Subscription orders issued by Users. No Subscription order shall be deemed to be accepted by Ausmed until it issues an order confirmation email to the User. Ausmed shall charge and the User shall pay Ausmed for the membership in the amounts and in the manner set out in this clause 3 as may be amended from time to time.

3.3.3. Once Ausmed issues an order confirmation email to a User as described in clause 3.3.2, this forms a contract between Ausmed and the User as regards the Subscription on the terms as stated in such email and the terms of these Terms as then applying.

3.3.4. The rights of Members during the period that their Subscription remains active are as follows:

(a) To continue to access all services already available to Users as provided in these Terms.

(b) To access the online educational offerings made available to the Member [on the Ausmed Site ] through the Ausmed platforms such as, but not exclusively, ‘The Learning Centre’ and the ‘Online Resource Library’.

(c) To access all future education released during the period that their Subscription remains active.

3.3.5. In addition to the rights in clauses 1 and 22 and subject to clause 3.4.3, Ausmed reserves the right, upon notice to Users and/or Members, as applicable via email or by amendment to these Terms, to change or terminate the terms of any agreement formed between us and a Member under these Terms. You agree that your use of the Ausmed Site or any Services after notice of change to these Terms means that you accept the changes.

3.3.6. A Member shall have the rights as such for the period of his or her Subscription in accordance with these Terms.

3.3.7. Where you are a current paid up member of the Ausmed Site with unexpired subscription time under a subscription plan operational at the time of the adoption of these Terms (or at the time of any subsequent amendment to these Terms from time to time ), unless or to the extent you and Ausmed agree otherwise in writing, your then current subscription plan will not be affected by the adoption of these Terms until the expiry of the then current paid up term of such plan. At the time of your renewal you will be offered the opportunity to Subscribe and become a Member under (and as defined in) these Terms and using the Subscription plans available under these Terms at such time. If the subscription model you have previously been subscribed under is not then available under these Terms, you will not be able to renew under that model.

3.3.8. If Ausmed, on the one hand, and (1) an employer of a Member, or (2) a company which has engaged a Member as a contractor, or (3) a tertiary institution with whom a Member is a registered student, on the other hand, enter into an agreement from time to time which amends these terms as applies to such Member, then the terms of such agreement shall bind the Member as if he or she were a party to such agreement.

3.4. Payment Schemes for Members

3.4.1. The following payment schemes (each, a Payment Scheme) are available for Members to Subscribe for:

(a) Outright $297 yearly-membership fee – this can only be paid by cheque and upon contacting the Ausmed Education offices at our contact details found at the bottom of the Ausmed Site [Note that, at Ausmed’s sole discretion,] when registering for an Ausmed Education conference at the time of Subscribing to the Ausmed Site you may be offered a reduced outright subscription rate.

(b) Monthly $24 fee plus an initial $55 joining fee. [Note that, at Ausmed’s sole discretion,] when registering for an Ausmed Education conference at the time of Subscribing to the Ausmed Site: the joining fee may be waived.

3.4.2. The Payment Scheme (as described in clause 3.4.1) that a Member has Subscribed for will determine the benefits that the Member is entitled to as a Member.

3.4.3. Ausmed reserves the right to adjust the level of the joining fee and/or the Subscription fee or any other fees at any time and for any reason provided that the amount of the monthly Subscription fee amount payable by an existing Member during the balance (if any) of the minimum 12 month term shall remain as agreed between the parties unless otherwise agreed by the Member.

3.4.4.Subject to clause 3.4.3, you will be given at least fourteen (14) days notice in writing [or by publishing such changes on the Ausmed Site], of any changes to the monthly Subscription fee.

3.4.5.To the fullest extent permitted by applicable law, the joining fee and the monthly Subscription fees, once paid, are not refundable.

3.5. Obligations of Members

3.5.1. Without limiting its obligations under these Terms as a User or a visitor to the Ausmed Site, during the term of the Subscription, each Member will pay the applicable Subscription fees under and in accordance with these Terms.

3.5.2. In Subscribing to be a Member, you agree to register for a minimum period of twelve months from the date of your Subscription. If a Member wishes to cancel a Subscription before the expiry of the minimum twelve-month period, the Member agrees to pay out the rest of the Subscription amount (i.e. the number of months left in the Subscription multiplied by the monthly Subscription amount) and this will continue to be debited monthly until the end of such period. To pay the entire outstanding amount as a one-off payment, you must contact our offices. You will continue to be able to access the service available through Ausmed as a Member for the remaining months of the minimum billing commitment.

3.5.3. If a Member’s membership is cancelled or terminated for any reason, all outstanding payments must be completed by the Member until the end of the initial commitment period (12 months) or the current month if the initial period has been completed.

3.6. Renewals and cancellations of Subscriptions

3.6.1. Your Subscription to the Ausmed Site will automatically renew on a rolling month-to-month basis after the initial twelve month period has elapsed, and monthly payments [in advance] at the standard price advertised at that time will therefore continue to be deducted from your designated credit card until terminated in accordance with these Terms. [Regardless of the frequency by which you access your account in those subsequent months, your failure to expressly communicate your intention to cancel will be deemed to be an implied intention to continue your current Subscription.]

3.6.2. Upon completion of the minimum twelve month period, a Member may cancel his or her Subscription at any time. However, the Member must communicate the cancellation to us directly, by filling out the ‘cease my Subscription’ information found on the bottom of the Ausmed Site, by emailing us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or by telephoning our office during work hours (9.00 – 5.00 Melbourne AEST time). All cancellations will be responded to and confirmed by us in writing by email. You must maintain a copy of this email as a record of your cancellation. Upon receipt of a valid cancellation request, we will terminate the Subscription of the Member at the end of the then-current Subscription period.

Once the Subscription contract is terminated, you will need to pay a new joining fee if you wish to recommence your Subscription. The minimum twelve month commitment period (term) will also be applied to your new Subscription calculated from the date of the commencement of the new Subscription and clause 3.5.2 and 3.5.3 shall apply to such new Subscription.

3.7. Credit cards

3.7.1. When you become a Member, you will be required to provide Ausmed with accurate, complete and current credit card information for a valid credit card that you are authorised to use. By becoming a Member, you authorise Ausmed or its agent to bill your credit card with the applicable Subscription fees and any other charges you may incur in connection with your Subscription, Membership, use of the Services or otherwise as provided under these Terms.

3.7.2. If Ausmed does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorise Ausmed to charge outstanding fees and other amounts due to us against any credit card you have on file with us.

3.7.3. We reserve the right to determine whether your credit card(s) is/are pre-authorised to accept a minimum charge equal to the minimum level of your Subscription fee. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request that you provide a second valid credit card before continuing to use the Services or terminate the Subscription.

3.7.4. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over-the-credit-limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

3.7.5. If any payment fails to transfer between your credit card and Ausmed, further attempts will be made in the next seven (7) days to attempt to clear the fund transfer.

3.7.6. It is your responsibility to ensure that:

(a) The credit card account details you have provided are correct, including notification should the nominated credit card expiry date change within the 12-month program;

(b) You have sufficient clear funds available in the nominated credit card account on each scheduled drawing date.

3.7.7. You agree that we may store and use information you provide (including credit card information) for use in maintaining your accounts and billing Ausmed services and products to your credit card. You can update, edit, delete and add your credit card details through the billing tab in ‘my account’ on the Ausmed Site.

3.8. Defaults by Members

3.8.1. If a monthly payment is not made at any time, the following actions may, at the sole discretion of Ausmed, occur:

(a) Day 1 – Ausmed may issue a 7 day notice by email to the Member and may block the Member from accessing or using the online education on the Ausmed Site.

(b) Day 3 – A reminder email may be sent by Ausmed.

(c) Day 5 – A final reminder may be sent by Ausmed.

(d) Day 7 – Ausmed may suspend the membership of the Member.

3.9. Exclusion of liability

3.9.1. Ausmed provides the Service of accessing, downloading and using digital files from the Ausmed Site. However, Ausmed undertakes no liability and gives no warranty:

(a) that the laws applying in the jurisdiction where you are resident or from which you access the service, permit you to use the Service, the data, the results, content of the Ausmed Site or material, or any associated information provided through your Subscription. You agree that it is your responsibility to ensure that no law is violated by your use of the Service or the Ausmed Site; or

(b) that the Service will run properly on the computers, hardware, software, modems and similar which are necessary to access the Service, including any connection to the internet, and all associated telephone lines and telecommunications services, which you have selected or acquired; or within all network and operating system environments used by you.

3.10. CPD Organiser Service

3.10.1.Ausmed provides an organiser service (CPD Organiser Service) by way of a software program and related tools and services on the Ausmed Site designed to provide a means by which nurses can record their mandatory continuing education hours (CPDs). The CPD Organiser Service is as described in this clause 3.10 or as may be modified by Ausmed at any time.

3.10.2. The CPD Organiser Service enables nurses to organize and record their CPDs in a systematic manner. Nurses may use the CPD Organiser Service to record, organise and print out a report of their educational activities so that they may keep records of the CPDs for regulatory reporting purposes.

3.10.3. Nurses may use the software program, tools and services comprised in the CPD Organiser Service to document CPDs earned from any service provider.

3.10.4. The CPD Organiser Service is available to Users (including Members) only and is currently provided at no charge. [Ausmed has no current plans to introduce a charge for use of the CPD Organiser Service, however it reserves its right to do so in the future.] [Ausmed reserves the right to, modify or discontinue the CPD Organiser Service in whole or in part at any time or to refuse to provide or to discontinue the provision of the CPD Organiser Service to any person at any time.]

3.10.5. The CPD Organiser Service does not validate CPDs. Ausmed provides CPD record management services only. It is the sole responsibility of each nurse to be responsible for the validation of all his or her CPDs and to ensure that such CPDs are valid under Australian law.

3.10.6. Ausmed does provide education services that enable nurses to earn CPDs.

3.10.7. In addition to all obligations and restrictions contained elsewhere in these Terms (including, without limitation, in clause 4 of these Terms), you may not copy, duplicate, distribute, disseminate or reverse engineer any software as relates to the CPD Organiser Service or any other Service or use any portion of such software to provide a competing service.

3.10.8. All personal information recorded via our tools and services comprised in the CPD Organiser Service (CPD Information) shall be held by Ausmed in accordance with the requirements of the Privacy Statement which is published online under the ‘privacy statement’ link in the footer of all pages on the Ausmed Site.

3.10.9. CPD Information remains the property of the recording nurse and clause 6.3 of these Terms shall not apply to CPD Information.

3.10.10. Ausmed shall use reasonable steps to maintain the confidence of CDP Information. Ausmed may disclose CPD Information which would otherwise be confidential, if and to the extent, (A) required by law, (B) the information has come into the public domain through no fault of Ausmed, or (C) if the recording nurse has given written approval of the disclosure. Also, in the event that Ausmed is acquired, in whole or in part, through merger, acquisition, or through operation of law or the order of the Courts, all or part of the nurse's confidential information shall become under the control and management of a third party at that time, all legal requirements of Ausmed for confidentiality will be the sole responsibility of the acquiring party.

3.10.11. Users are encouraged to make regular and complete back-ups of their data on their own hard drives as a protection against unexpected data loss. We may from time to time advise you to make data back-ups and we urge you to do so. In addition, it is best for you to print out a hard copy of your important documents on a regular basis to ensure against loss and to ensure that they are available to you upon demand. Do not use the CPD Organiser Service as the sole repository of your CPD documents and records.

3.10.12. We are not responsible for any loss or injury due to data loss and you agree to hold us harmless from any delay in providing reports due to technological conditions outside of our control or due to any programming errata or normal technological problems that we must repair.

3.10.13. If you use the CPD Organiser Service you are deemed to have agreed that you will accept notification via email of forthcoming educational programs and activities that could enable you to accrue additional CPDs.

3.10.14. The terms set out in these Terms and the Ausmed Site (together with such other documents as referred to in this clause 3.10) constitute the entire agreement between Ausmed and you as relates to the CPD Organiser Service and there are no representations, understandings or agreements relating to the CPD Organiser Service which are not fully expressed in such terms.

3.11. Event Services

3.11.1. Ausmed provides event services. The event services, as described in this clause 3.11 or as may be modified by Ausmed at any time, are [describe briefly what these are] (together Event Services, and the term Event has a corresponding meaning).

3.11.2. You may register for an Event and receive Event Services even if you are not a User or a Member.

3.11.3. If you wish to register delegates for an Event you may register either online [insert link], via telephone, fax or post . A description of upcoming Events and their applicable dates, timings and costs is contained at [insert link]. You must apply to register using the [Event Registration Form] a copy of which is located at [insert link].

3.11.4. Ausmed shall not be obliged to accept any or all requests for registration at an Event. No request for registration at an Event shall be deemed to be accepted by Ausmed until it issues an order confirmation email.

3.11.5. Once Ausmed issues an order confirmation email as described in clause 3.11.4, this constitutes registration and forms a contract between Ausmed and the entity who completed the [Event Registration Form] as regards the Event and the Event Services on the terms as stated in such email and the terms of these Terms as then applying.

3.11.6. By registering for an Event you confirm the delegate's attendance and all responsibility for payment of fees lies on the delegate (unless there is an explicitly assigned 'biller/payer').

3.11.7. Payment in full for the costs of the Event must be made at time of registration, unless (1) registration comes from an organisation with a purchase order number [and delayed payment has been approved by Ausmed]; or (2) Ausmed has expressly agreed that you may pay after completing registration.

3.11.8. Notwithstanding clause 3.11.7, full payment is required prior to attendance at the relevant Event. Failure to pay prior to the Event does not automatically cancel your registration (thus you would still be liable to pay). However, you can absolve yourself of this payment responsibility by correctly following our registration cancellation procedure. (For more information, please see clause 3.11.11 of the Terms below).

3.11.9. Ausmed accepts the following methods of payment for Events:

(a) Online Payment:
You may pay with your Visa or MasterCard credit or debit card; or PayPal Account. Please note that when paying with a credit/debit card or PayPal Account, a banking fee (2%) is added.

(b) Cheque or Money Order:

Please make cheques and money orders payable to Ausmed Education Pty Ltd. Please post to Ausmed Education Pty Ltd, PO Box 4086, Melbourne University, Parkville, Victoria 3052. Please ensure the attendee's name, the conference they are registered for, and a contact telephone number are written on the reverse side of the cheque/money order.

(c) Bank Transfer / Direct Deposit:
Registration may be paid via an electronic funds transfer (EFT). If this is the preferred payment option, please contact Ausmed directly (03 9375 7311) for Ausmed’s bank details.

(d) Invoice:
Subject to clause 3.11.5, upon completing registration for an Event and exercising the 'invoice' option, payment must be made on the earlier of (a) the date 30 days after the date of registration; and (b) the date of the Event.

3.11.10. Where payment is made at time of registration or where it is agreed that payment will occur after registration, a tax invoice will always be issued by Ausmed. Whether your registration payment is eligible for a tax deduction will depend upon your individual circumstances (please contact your usual tax adviser for details).

3.11.11. If you wish to cancel a delegate's registration, you must communicate this to Ausmed in writing (email, fax, or postal letter) on or before the date seven days prior to the Event. Upon receipt of this communication, Ausmed will respond to your request. Please note that in the event of a cancellation, a standard handling charge of 10% of the costs for the relevant delegate will be deducted from your refund. We regret no refund will be given if notification occurs less than seven days prior to the Event.

3.11.12. Ausmed will make all [reasonable ] efforts to ensure that the advertised speakers present at each Event. If a speaker withdraws from the program at an Event, a replacement speaker will be scheduled.

3.11.13. Ausmed reserves the right to cancel an Event, change dates for an Event or change venues of an Event when necessary. Where this right is exercised, Ausmed will explicitly contact delegates who are registered to attend the Event using the contact details provided to Ausmed at registration. Ausmed will also attempt to communicate these changes to the general public [usually, through notification on the Ausmed Site]. However, if you are not a delegate to the relevant Event, it is your responsibility to ensure that you are aware of any changes that may occur.

3.11.14. To the extent permitted by law, Ausmed and its consultants expressly disclaim all and any liability relating to any information given at an Event or subsequently being loaded onto the Ausmed Site as Content (Event Information) and for the results of any actions taken in reliance on the Event Information, and are not responsible for any error in or omission from the Event Information. The Event Information is not intended to be used as medical advice and should not replace the services or advice of a qualified health care professional. The Event Information is of a general nature and does not take into account the circumstances, physical wellbeing, mental status or medical requirements of a particular person which are relevant to the correct diagnosis and treatment of any health condition. Do not disregard, or advise others to disregard, medical advice or delay seeking it because of the Event Information. The disclaimer in clause 5 of these Terms also applies with regard to Event Information.

3.11.15. The terms set out in these Terms and the Ausmed Site (together with such other documents as referred to in this clause 3.11) constitute the entire agreement between Ausmed and you as relates to the Event Services and there are no representations, understandings or agreements relating to the Event Services which are not fully expressed in such terms.

3.11.16. [Other ]

4. Copyright and trademarks

4.1. Copyright and use of Content

4.1.1. Your use of the information, graphics, text, audio files, software, chapters, products and materials on the Ausmed Site and any information sheets, mailout or newsletter services, or other tools and facilities made available to you on or through the Ausmed Site or as part of any Service (Content) is governed by these Terms.

4.1.2. Copyright in the Content is owned by or licensed to Ausmed, unless indicated otherwise. The Content is protected by intellectual property laws.

4.1.3. For the avoidance of doubt, except where necessary for viewing the Content on your computer or on the Ausmed Site or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms, you may only use the Content for your personal use. No Content may be used for commercial purposes, resold, rented or sub-licenced, reproduced, edited or otherwise modified, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Ausmed. You may be liable for prosecution if you share with or distribute the Content to any other person.

4.1.4. You shall not commit any act which causes or may cause damage or loss to our reputation or harms any trademarks or other intellectual property owned by us or an affiliate of ours and shall indemnify us for any loss or damage which may be suffered by us, or an affiliate of ours, as a result of any breach of any undertaking contained in this clause 4.

4.1.5. Ausmed reserves the right to include personal information about the User or Member in the downloaded file from the Online Resource Library. This information may, without limitation, include the User or Member name, username and email.

4.1.6. You may not use any automated scripts or "robots" to access, copy, or manipulate any Content. You may not engage in denial of service attacks upon the servers that publish the Ausmed Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of the Ausmed Site.

4.1.7. All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of applicable laws and regulations. You agree that you have been suitably notified of the ownership of any trademark, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "wilful" in nature.

4.2. Trademarks

You shall not commit any act which causes or may cause damage or loss to the reputation of Ausmed or harms the trademarks “Ausmed Publications”, “Ausmed Education”, “Ausmed Conferences” and, “Ausmed online” or any other or affiliated trademarks owned by Ausmed or an affiliate of Ausmed (Trademarks).

You shall not acquire any right, title or interest in or to the Trademarks or the goodwill associated therewith, or in or to any of the advertising, promotional or merchandising work or material for or relating to the Services and belonging to or developed by or for Ausmed, and shall indemnify Ausmed for any loss or damage which may be suffered by Ausmed, or an affiliate of Ausmed, as a result of any breach of any undertaking contained in this clause 4.2.

4.3. Audio Lectures, Downloadable Recordings and Podcasts

In the case of Audio Lectures, Downloadable Recordings and Podcasts contained on the Ausmed Site, as a Member you have the right to save and listen to the Content for your personal use only. You are not permitted to make copies for, or give copies to, other people, or let other people listen to your copies.

4.4. Video Learning Activity (VLA)

In addition to the right to view the on-line video tutorial as part of the VLA, as a Member you have the right to make the video available for viewing by a group or groups whom you are teaching or educating. However, you are not at liberty to reproduce the self-evaluation tools (MCQs), or distribute or make available to non-Members any support materials whatsoever. Specifically, you are not allowed to photocopy support material and/or electronically distribute it to third parties. Whilst the number of people within the said group is not limited, the ability to reuse content contained in the video is limited. You are not permitted to make any alterations to the video whatsoever. Nor are you permitted to pass the video off as your own intellectual property. You must leave all Ausmed Education Pty Ltd recognition on the video and must maintain the authorship attribution as it currently stands.

Viewing of the video outside of the Ausmed’s complete learning activity framework does not entitle the viewer to the approved CPD/CE hours, which have been allocated by Ausmed.

4.5. eChapters, Books, White Papers and Fast Fact Sheets

In the case of eChapters, Books, White Papers and Fast Fact Sheets, as a Member you have the right to view, save and print the Content for your personal use only. You are not permitted to make copies for, or give copies to, other people.

4.6. PowerPoint Presentations

In addition to the right to view, save and print the PowerPoint presentations, as a Member you have the right to make amendments to the slides as required and to utilise them as a teaching aid. If you choose to amend one or more of the slides in a PowerPoint presentation, you must electronically insert the words ‘adapted from’ before the Ausmed logo on the bottom left hand corner of each slide of the presentation.

Ausmed is not responsible for any changes you make to the content of PowerPoint presentations. You are responsible for ensuring that any changes are accurate and do not affect the accuracy of the parts which you do not change.

4.7. Medical Images

In addition to the right to view, save and print the Medical Images, as a Member you have the right to add or remove labels and to utilise the images as a teaching aid. You do not have the right to alter the appearance of the images in any way. If you add or remove labels, you must electronically insert the words ‘adapted from’ before the Ausmed logo below the image. Medical Images that are incorporated into articles for publication cannot be amended in any way and you must acknowledge Ausmed as the source. Ausmed is not responsible for any changes you make to the labelling of Medical Images. You are responsible for ensuring that any changes are accurate and do not affect the accuracy of the labels that you do not change.

5. Health & Professional Use Disclaimer

5.1. The Ausmed Site contains a wide variety of Content on health and medical issues for general educational and informative purposes only. The Content on the Ausmed Site is generic and does not take into account the physical wellbeing, mental status or health requirements of a particular person which are relevant to the correct diagnosis and treatment of any problem, condition, disease, injury, aliment or disorder. The Content on the Ausmed Site is not diagnostic or prescriptive and does not replace the services or advice of a qualified health care professional. Accordingly, you should never use or act upon the Content on the Ausmed Site or start a new treatment, diet or program without first consulting a qualified medical practitioner. Ausmed does not give, or purport to give, any medical advice and is not qualified to do so.

5.2. Further, while the Content is designed to enlarge and enhance an individual’s professional skill set, the potential to gain or learn is impacted by each individual’s personal skill, personality and training. Ausmed does not warrant or guarantee any positive effects or the relative success of any particular person’s career as a result of the use of the Content.

5.3. To the extent permitted by law, Ausmed expressly disclaims all responsibility for, and liability in respect of, the accuracy of the Content on the Ausmed Site in any particular circumstances, the ability of the Content to specifically enhance any skill set or knowledge, the improper application of the Content or the consequences of any person’s failure to obtain advice from a qualified medical practitioner. The opinions expressed by guests, experts or other users of the Ausmed Site are those of the relevant guest, expert or user and Ausmed accepts no responsibility for them.

6. Your Content and Communication Tools

6.1. While using the Ausmed Site or as part of the Services you may be given the opportunity to enter or provide information or content, including CPD Information (Your Content). Your Content may be entered onto the Ausmed Site through the use of submissions from you, through used of the CPD Organiser Service, Content reviews and feedback forms and other communication facilities which provide feedback to Ausmed, and provide reviews of the Content (Communication Tools).

6.2. It is a condition of your use of any Communication Tool that you ensure Your Content and any information you provide in relation to your use of the Ausmed Site:

(a) is not fraudulent;

(b) does not infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;

(c) does not violate any law, statute or regulation, and does not constitute or encourage conduct that would constitute a criminal offence;

(d) is not defamatory, libellous, unlawfully threatening or unlawfully harassing;

(e) is not harmful, threatening, abusive, hateful, obscene, vulgar, pornographic, profane or indecent;

(f) does not in any way impinge on another user's use or enjoyment of the Ausmed Site; and

(g) does not contain any computer viruses or other harmful component.

6.3. To enable us to lawfully use Your Content, you agree to grant Ausmed a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright (but no other rights) you have in Your Content, in all media now known or not currently known, with respect to Your Content. You also agree to the extent permitted by law, to waive in favour of Ausmed’s favour any moral rights or similar rights you may have or may acquire in the future in Your Content.

6.4. You must not use any of Your Content to link to any website or web page consisting of or containing material that would, were it posted on the Ausmed Site, breach the provisions of these Terms.

6.5.We reserve the right to edit or remove any of Your Content submitted to the Ausmed Site, or stored on our servers, or hosted or published upon the Ausmed Site.

6.6. Notwithstanding our rights under these Terms in relation to Your Content, we do not undertake to monitor the submission of Your Content, or the publication of Your Content on, the Ausmed Site.

6.7. Ausmed is not responsible for any Content or Your Content on any Communication Tool (including where that Content or Your Content is from a guest or expert whose statements on the Ausmed Site are their own) or the user’s ability, knowledge, professional qualifications or experience. The Content and Your Content on these Communication Tools should not be relied upon or treated as a substitute for medical advice from a qualified medical practitioner. You acknowledge that the Communication Tools are public communications.

6.8. All Your Content (other than personal information) become the property of the Ausmed Site. All Your Content (other than personal information) is non-confidential in nature. We may publish all Your Content (other than personal information) in any manner that we deem to be appropriate, including in all forms of media and publication.

6.9. You are solely responsible for the content of all Your Content, including any violation of this clause 6. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that Your Content supports a legal cause of action.

7. Passwords

7.1.Some parts of the Ausmed Site may be accessed only through the use of a password (Authorised Content). In order to access the Authorised Content or to be a User or a Member you must register and be assigned a password which you will be required to enter before accessing the Authorised Content.

7.2.Your password is personal to you and not transferable. You must not allow anyone else to use your password and you may not use another person’s account at any time, without the express permission of the account holder

7.3. Where Ausmed has assigned a password to you, you must not disclose your password to any other person or use your password for any unauthorised purpose. If you lose your password or if it is disclosed, you are able to obtain a new password using the ‘Forgot your password?’ link on the Account login page. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

7.4. In no event will Ausmed be liable for any indirect or consequential loss or loss of profits or loss of goodwill or damage whatsoever resulting from the disclosure of your username and/or password.

8. Links to other websites

8.1. The Ausmed Site may contain links to other websites operated by third parties (Third Party Sites). Ausmed does not control, endorse, or approve of the operators of Third Party Sites, or the information, graphics and material on those Third Party Sites (Third Party Material) and accepts no liability for the content of the Third Party Sites or for any loss arising from use or reliance on the Third Party Sites. The provision of links to Third Party Sites does not authorise you to resell, rent or sub-licence, reproduce, edit or otherwise modify, adapt, upload to a third party, link to, frame, perform in public, distribute or transmit the Third Party Material in any form by any process without the prior written consent of the operator of the relevant Third Party Site operator.

8.2. Subject to any applicable law which cannot be excluded, Ausmed makes no warranties or representations:

(a) regarding the accuracy of the links to the Third Party Sites;

(b) regarding the quality, accuracy, merchantability or fitness of purpose of Third Party Material or products or services available through the Third Party Sites;

(c) that Third Party Material does not infringe the intellectual property rights of any person; or

(d) that by linking this Ausmed Site to the Third Party Material, Ausmed is authorising the reproduction of Third Party Material.

8.3. When you follow a link on the Ausmed Site, material at a Third Party Site may be displayed in your browser framed by material on this Ausmed Site. This material is also Third Party Material for the purposes of these Terms. Your use of the Third Party Material is governed by the terms of the relevant Third Party Site.

8.4. All offers to sell and statements relating to goods and services available on Third Party Sites are the responsibility of and given by the Third Party Site operators. Insofar as such offers and statements are made on the Ausmed Site, such offers and statements are made by Ausmed on behalf of the Third Party Site operators. Ausmed expressly disclaims acting in any other respect on behalf of Third Party Site operators.

8.5. Ausmed may receive payments from operators of Third Party Sites in relation to goods or services supplied by the operator as a result of linking to the Third Party Site from this Ausmed Site.

8.6. Ausmed may make payments to operators of Third Party Sites in relation to goods or services supplied by Ausmed as a result of linking to the Ausmed Site from the Third Party Site.

9. Email address

The provision of email addresses on the Ausmed Site is not consent to receiving unsolicited commercial electronic messages or spam.

10. Third Party Software

Unless otherwise indicated, software or downloads available via links from the Ausmed Site are third party products. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, Ausmed accepts no liability in respect of such third party products and Ausmed provides no warranty and gives no endorsement in respect of such products or any party connected with them. Ausmed does however, welcome your feedback or suggestions concerning these products.

11. System integrity

When using the Ausmed Site you must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Ausmed Site or any activity conducted at the Ausmed Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

12. Warranties

While we have made [all reasonable efforts] to ensure that the Content is free from error, Ausmed does not guarantee or warrant the accuracy, adequacy or completeness of Content on this Ausmed Site. The Ausmed Site and all Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied (not including any responsibilities implied by law and which cannot be excluded). All Content is subject to change without notice. Ausmed does not guarantee that this Ausmed Site or Third Party Ausmed Sites will be free from viruses or defects, or that access to the Ausmed Site or Third Party Ausmed Sites will be uninterrupted. We make no representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the Ausmed Site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the Ausmed Site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the Ausmed Site.

13. Disclaimers and limitation of liability

13.1. The nature of internet communications means that the Ausmed Site may be susceptible to data corruption, interception, non-availability and delays. The Ausmed Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Ausmed has no obligation to provide support for the Ausmed Site.

13.2. Use of the Ausmed Site is at your own risk. The Ausmed Site and all Content is provided on an “as is” and “as available” basis without any representation or endorsement made, and (not including any responsibilities implied by law and which cannot be excluded) without warranty or guarantee of any kind, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Ausmed makes no warranty that defects will be corrected or that the Ausmed Site or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

13.3. The Ausmed Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

13.4. Subject to any warranties implied by law and which cannot be excluded, Ausmed, its employees, contractors or agents, are not liable to you for any direct, indirect, special or consequential losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Content or Your Content on the Ausmed Site, to Third Party Material, or to your use or access of the Ausmed Site or any Services (including, without limitation, the CPD Organiser Service and the Event Services) whether such liability exists in contract, tort including negligence, statute or otherwise.

13.5. Ausmed’s liability (whether in tort, for breach of contract or otherwise) to you (as a visitor to the Ausmed Site, as a User, as a Member or as a recipient of Services, as applicable) arising out of all claims for any loss or damage under these Terms or any agreement formed as anticipated by them or in respect of any Services will not exceed in aggregate an amount equal to [two times] the amount (as Subscriptions or charges for Services, as applicable) actually paid by you to Ausmed under these Terms or such agreement.

13.6. Liability of Ausmed for breach of a condition or warranty implied by law, and which cannot be excluded, is limited to the extent possible at Ausmed’s option, to:

(a) the supply of the Services again; or

(b) the payment of the cost of having the Services supplied again.

13.7. Nothing in these Terms shall exclude or restrict our liability in respect to fraudulent misrepresentation; or any other liability which cannot be limited by applicable law. In particular, nothing in this Agreement is intended to have the effect of contracting out of the provisions of the Trade Practices Act 1974 (Australia) (TPA). Except to the extent permitted by the TPA, or other applicable law, these Terms are to be modified to the extent necessary to give effect to that intention.

14. Force Majeure

Neither party shall be liable for any delay or failure in performance under these Terms or in relation to any Services due to Force Majeure, which shall mean acts of God, earthquake, labour disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. Ausmed is not responsible for server downtime under any circumstances. When Force Majeure applies, Ausmed may exercise its right to terminate under clause 16. This clause 14 shall not operate to restrict or delay any payment obligations.

15. Indemnity

You agree to indemnify Ausmed against any claim, liability, or expense (including, without limitation, legal fees, costs, and disbursements) (loss) brought or threatened against, or incurred by Ausmed, arising directly or indirectly from a breach of these Terms or your use of the Ausmed Site or any Services, negligence, or wilful misconduct by you except to the extent that loss arises out of an act or omission by Ausmed.

16. Termination

16.1. These Terms (and the agreement constituted by your use of the Ausmed Site) and your access to the Ausmed Site and/or any Services may be terminated at any time by Ausmed without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Ausmed in these Terms will survive termination, however, you will no longer be authorised to access the Ausmed Site. Ausmed will not refund any advance Subscription fees paid by you or other payments made by you in respect of Services if your access is terminated under clause 14 (Force Majeure) or by reason of a breach by you of these Terms or any agreement constituted by your use of the Ausmed Site. If the Terms or agreement is terminated by you, you will no longer be authorised to access the Ausmed Site and, to the fullest extent permitted by law, Ausmed is not liable to refund any advance Subscription fees paid by you or other payments made by you in respect of Services.

16.2. Ausmed may also at any time, at its sole discretion, discontinue the Ausmed Site or any part thereof without prior notice and shall not be liable to you or any third party for any termination of your access to the Ausmed Site. Ausmed reserves its right to refuse to accept any person as a User or a Member or a person wishing to receive Services without giving any reason for such refusal.

17. Jurisdiction and disputes

17.1. These Terms and all agreements formed as anticipated by these Terms will be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to any conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

17.2. Subject to the provisions of this clause 17, all disputes, arising out of or relating to Terms and all agreements formed as anticipated by these Terms will be resolved through mandatory binding arbitration conducted in Victoria, Australia, conducted by a mutually agreed upon arbitration service provider, of in the event that all parties cannot stipulate to a particular arbitration service provider, to an arbitration service provider appointed by the Courts of Victoria, Australia.

17.3. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof.

17.4. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties.

17.5. Notwithstanding the foregoing, nothing in this clause 17 shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.

18. Foreign Usage

Ausmed makes no representations that the usage of the Ausmed Site, the Content or Your Content provided herein will not violate the laws of your local jurisdiction. You are responsible for compliance with the laws of your jurisdiction, especially if you are accessing the Ausmed Site from outside Australia.

19. Linking to Ausmed Site

Please contact Ausmed if you would like to place a link to any part of the Ausmed Site.

20. Confidentiality

20.1. Subject to clause 20.2, you will treat as strictly confidential (A) all information received or obtained as a result of accessing the Ausmed Site, receiving the Services or otherwise relating to Ausmed or any affiliate of Ausmed (including, without limitation, the Content), (B) the subject matter and provisions of the Ausmed and these Terms, and (C) any negotiations between the parties.

20.2. You may disclose information which would otherwise be confidential, if and to the extent, (A) required by law, (B) the information has come into the public domain through no fault of your own, or (C) Ausmed has given prior written approval of the disclosure, provided in each case that, subject to law, any such information will be disclosed only after consultation with Ausmed.

21. Provisions relating to the Terms of Use

21.1. You may not assign any of your rights under these Terms without the prior written consent of Ausmed.

21.2. Ausmed may at any time, without your consent, assign all or any part of its rights, benefits and/or obligations arising pursuant to these Terms and/or any agreement formed as anticipated by these Terms, to a competent third party.

21.3. If any provision of the Terms is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms shall not be affected.

21.4. Neither the failure to exercise nor any delay in exercising any right under the Terms shall impair or operate as a waiver thereof, in whole or in part. No single or partial exercise of any right under the Terms shall prevent any further or other exercise thereof or the exercise of any other right.

21.5. These Terms and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. No particulars, statements or descriptions, in whatever form provided by Ausmed concerning the Services, nor any verbal representations by any agent, employee or representative of Ausmed, shall form part of these Terms (or any agreement formed as anticipated by these Terms) or be treated as constituting a representation on the part of Ausmed.

21.6. Nothing in these Terms constitutes, or will be deemed to constitute, a partnership between Ausmed and you, nor will it constitute, or be deemed to constitute, either of us as the agent or representative of the other of us for any purpose.

21.7. No person who is not a party to these Terms shall have any right to enforce any term of these Terms.

21.8. If you wish to communicate with Ausmed, please visit the ‘Contact Us’ page on the Ausmed Site to obtain our contact details.

22. Acceptance and changes to these Terms of Use

22.1. You acknowledge and accept that your use of the Ausmed Site or any of the Services indicates your acceptance of these Terms. Since you are bound by these Terms, you should review them periodically.

22.2. These are the current Terms. They replace any other Terms for the Ausmed Site published on the Ausmed Site to date. Ausmed may at any time vary the Terms by publishing the varied Terms on the Ausmed Site. You accept that by doing this, Ausmed has provided you with sufficient notice of the variation. Your continued use of the Ausmed Site or any of the Services following any change to these Terms will be deemed acceptance of those changes. No additions to or modifications of these Terms by you shall be effective unless accepted by Ausmed in writing.

22.3. Ausmed reserves any rights not expressly granted in these Terms.

© 2012 Ausmed Education Pty Ltd. All Rights Reserved.