Revised August 2017
Ausmed Education Terms and Conditions
The Website and App are each owned and operated by Ausmed Education Pty Ltd (ABN 33 107 354 441) or its related entities (Ausmed, we or us).These Terms and Conditions (Terms) govern the person, organisation or entity (you) that accesses and/or uses the websites (whether or not on a paid basis) or mobile applications owned by Ausmed or obtains services from us.
Your acceptance of these Terms
Please read these Terms carefully and make sure you understand them. By downloading, installing, accessing or using the App, by accessing our Websites (either on a paid or unpaid basis) or by engaging us to provide services (including attending face to face educational seminars or events), you acknowledge that you have read, understood and agreed to these Terms. If you do not agree to one or more of these Terms, you must not use the App, access the Websites, or obtain services from us.
We may amend these Terms at any time at our absolute discretion. Any changes will be made available to you through the Website. If you continue to use the App, access the Websites or obtain services from us following any amendments to these Terms, you are agreeing to be bound by the amended Terms.
1.1 ‘App’ means the ‘Ausmed CPD’ mobile application including the Content and Services available on that application and any other mobile application released by Ausmed from time to time.
1.2 'Content' and 'Services' means all of the material available on the Sites (either on a paid basis or otherwise), through the services offered by or available on the Sites and any other content or service we offer.
1.3 ‘Confidential Information’ includes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either party whether or not such information is reduced to a tangible form or marked in writing as ‘confidential’.
1.4 ‘Intellectual Property’ includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
1.5 'Research' means any research conducted by Ausmed through the Sites or in relation to the information obtained by Ausmed from the Sites.
1.6 ‘Sites’ means the App and Website, including the Content and Services available on the App and Website.
1.7 'Subscriber', means a User of the Sites who has registered and paid for subscription Services and Content as set out on the Sites.
1.8 'Survey or Polls' means a survey or opinion poll conducted by Ausmed through the Sites.
1.9 'User' means a visitor to the Sites who has registered within the Sites as provided for in clause 3 of these Terms.
1.10 'Visitor' means a visitor to the Sites. A Visitor may also be a User and/or Subscriber to the Sites, subject to clauses 3 and 4 of these Terms.
2.2 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 these Terms. You must not access or use our Sites or Services if you are under the age of 18 or do not have the legal capacity to enter into these Terms.
2.3 You may only download, install, access or use the Sites strictly in accordance with these Terms. You confirm that you will not use the Sites for any purpose that is prohibited by clause 6 of these Terms or which results or has the capacity to result in a breach of any regulation, rule, code or other ethical obligation.
2.4 Ausmed reserves the right to refuse to accept any person, organisation or entity as a User or Subscriber of the Sites without giving any reason for such refusal.
2.5 Use of the Sites does not automatically require payment, unless a User is a Subscriber, which will provide the Subscriber with additional subscription Content and Services.
2.6 You must not interfere with, damage or disrupt the Sites (or any software, network or equipment in connection with the Sites) in any way.
2.7 You are responsible for ensuring that your use of the Sites does not breach any applicable terms of agreement with your mobile service provider or wireless service provider or any other agreement which relates to the Sites.
2.8. We may change or update the Sites and any materials in or on the Sites without notice to you.
2.9 While we will use reasonable endeavours to keep the Sites available, we are not liable to you if the Sites are unavailable for any period of time. We make no warranty that your access to the Sites will be uninterrupted, timely or error-free. You acknowledge that we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions to the Sites and that your use of the Sites may be interrupted or otherwise affected during those times.
2.10 We do not warrant that the functions contained in any materials on the Sites or your access to the Sites will be error free, that any defects will be corrected, that the Sites or the Servers which store and transmit material to you are free of viruses or any other harmful components.
2.11 We reserve the right to suspend or withdraw, either temporarily or permanently, your access to the Sites at any time, including without notice. For example, your right to access and use the Sites may be suspended or withdrawn immediately if you breach any of these Terms. We may impose restrictions on the length and manner of usage of all or part of the Site for any reason. If we impose restrictions on you personally, you must not attempt to use the Sites under any other name or on any other mobile device. If your access to the Sites ends for any reason, you must (at our option) return or destroy any copies of the Sites and the App materials in your possession (regardless of the format of the copies).
- Content and Services on the Sites
3.1 The Ausmed Sites feature a Comment and User Engagement Policy (Policy) which forms a part of these Terms as it applies to the Content and Services, which you elect to use. You agree to be bound by this Policy in your use of the Sites' Content and/or Services. You are solely responsible for determining the suitability of any of the Content and Services, and your reliance on any information that is provided to you through our Sites, Content or Services is at your own risk.
3.2 All Content available on the Sites includes the date that the Content was developed. Given the nature of the Content and scientific advancements, new evidence may emerge which may (in whole or in part) alter the correctness of the Content. It remains your responsibility to verify any information before you use it in a clinical context.
3.3 The Content is for your general information and educational purposes only, to assist in enabling you to satisfy your continuing professional development requirements. Ausmed accepts no liability for the performance and exercise of your work duties or professional skills.
3.4 The Content does not constitute medical, health, wellness or nutritional advice nor consultation and should not at any time be considered a replacement for the services or advice of a qualified health professional engaging in the provision of evidence based care within a specific context. The Content is general in nature and does not take into account the circumstances, physical wellbeing, mental status or medical requirements of a particular person, which are factors relevant to the correct diagnosis and treatment of any health condition. Ausmed expressly advises that you must not disregard, or advise others to disregard, medical advice or delay seeking it because of the Content.
3.5 While Ausmed uses reasonable endeavours to ensure that all Content is complete and accurate at the time of publication we accept no responsibility for any error, omission or defects contained in the Content. Ausmed does not warrant the accuracy of information provided by any third party and accepts no liability for any loss or damage which you may suffer in reliance on it. If you access another site via clicking on a link contained in or on our Sites, then the terms and conditions applicable to that site govern your use of it and Ausmed does not warrant the accuracy of information provided on the third party site and accepts no liability for any loss or damage which you may suffer in reliance on it.
3.4 Content and Services for Visitors: Visitors are welcome to access free Content on the Sites including, but not limited to articles and videos.
3.5 Content and Services for Users
3.5.1 You may register as a User of the Sites.
3.5.2 In order to register as a User, you must provide your personal details including your name, and email. A User account will be automatically created for you upon provision of your personal details. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Furthermore, it is your responsibility to keep your Account details confidential. You are liable for all activity on your account. You acknowledge that you will not disclose your account details to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not those activities or actions have been authorised by you. You must immediately notify us of any unauthorised use of your Account.
3.5.3 No fees are payable by Users for general use of the Sites unless a User registers as a Subscriber.
3.5.4 The rights of Users are the following:
- to use free Services on the Sites including the App; and
- to access free Content on the Sites including the articles.
3.6 Content and Services for Subscribers
3.6.1 You may subscribe to the subscription Services on the Sites.
3.6.2 In order to subscribe to the subscription Services, you must provide your personal details including but not limited to your name, email, payment information, professional information including qualifications and such other information requested by us from time to time. A User account will be automatically created for you upon provision of your personal details. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Furthermore, it is your responsibility to keep your Account details confidential. You are liable for all activity on your account. You acknowledge that you will not disclose your account details to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not those activities or actions have been authorised by you. You must immediately notify us of any unauthorised use of your account.
3.6.3 If your personal or payment information changes, you can update this on the Website or you can contact Ausmed as soon as practicable to inform us of the changes.
3.6.4 Ausmed is not bound to accept your request to subscribe to the subscription Services. Ausmed will make an offer to provide you with the subscription Services upon issuing you with an order confirmation email. You will be deemed to have accepted our offer upon full payment of the relevant Fee for the subscription package you have nominated.
3.6.5 Ausmed reserves the right, to amend these Terms, including any subscription conditions from time to time. Any changes will apply to you for subscription Services provided to you after the date of the change and in any event no earlier than the date that the amended or new Terms or subscription conditions are provided to you. If the amendment affects a pricing change, you have the choice to continue using the subscription Services or to cease using the subscription Services without penalty. You agree that your use of the Sites after notice of change to your subscription terms has been provided to you indicates your acceptance of these changes.
3.6.6 As a Subscriber, you are required to make payments in accordance with clause 4 of these Terms.
3.6.7 The rights of Subscribers are enforceable for the duration of subscription only. The rights of Subscribers are as follows:
- to exercise all rights provided to Users of the Sites; and
- to access all paid Content and/or Services on the Sites including video learning activities, nursing lectures, and continuing professional development Content.
For the avoidance of doubt, as a Subscriber you do not have any right to access face to face conferences or seminars conducted by Ausmed, unless you have paid for that separately.
3.7 Online CPD Content
3.7.1 As a part of the Content and Services accessible on the Sites, Ausmed provides educational content on a variety of healthcare related topics necessary to satisfy the continuing professional development requirements of nurses, midwives and other health care professionals (Online CPD Content). Your use of the Online CPD Content is recorded in hours, minutes and occasionally points or outcomes (CPD Hours/Points).
3.7.2 The Online CPD Content is available in different formats and is accessible on the Sites only. Your ability to access, view and use the Online CPD Content is subject to your operating system or device having the capability to download or view (as the case may be) the Online CPD Content in its uploaded format, subject always to your access rights as a Visitor, User or Subscriber of the Sites as set out in these Terms, or on the Sites.
3.7.3 You must be a Subscriber to access any paid Online CPD Content available on the Sites.
3.7.4 The following conditions apply to the use of different Online CPD Content available on the Sites:
126.96.36.199 Video learning activities, online lectures and videos
- You have the right to access, view and stream Online CPD Content in the form of video learning activities, online lectures and videos (Webinars) for your personal use only and for no other purposes.
- You must not reproduce, make copies of, or distribute to third parties the Webinars, any tools, support materials, templates or Online CPD Content associated with the Webinars including but not limited to self-evaluation tools.
- You must not make or attempt to make any modifications, alterations or changes to the Webinars, whatsoever.
- You must not pass the Webinars off as your own Intellectual Property.
- From time to time, Ausmed may post articles on the Sites (Articles).
- Articles are sourced and distributed by Ausmed but are the works of their respective authors.
188.8.131.52 Survey, opinion polls and research
- From time to time, Ausmed may post Surveys, Polls and Research. Research is always conducted on a de-identified basis and may be analytics research or other research.
- The Surveys, Polls and Research, including the results of any Surveys, Polls or Research are the property of Ausmed and may be used and distributed by Ausmed for any purpose whatsoever.
- You are permitted to participate in and (where available) view the results of Surveys, Polls and Research posted on the Sites but must not otherwise copy, reproduce, replicate or disseminate Surveys, Polls or the results thereof to any third party.
- Ausmed will seek your consent should Ausmed wish for you to participate in any Research (other than for de-identified analytics research).
184.108.40.206 Online CPD Organiser
- As a part of the Services available on the Sites, Ausmed may provide you with a tool to record your CPD Hours/Points. This tool is called the ‘CPD Organiser’ (CPD Organiser).
- Your access to and use of the CPD Organiser is subject to the level of access you have on the Sites.
- Users are able to plan, document and evaluate their CPD Hours/Points and record their educational qualifications using the CPD Organiser. Users are also able to print a report outlining their accumulated CPD Hours/Points and continuing professional development progress. This report may include information about the User’s personal and professional profile and a summary of the User’s learning plan, goals and activities. The CPD Organiser is private to each User and only Users can access their CPD Organiser.
- Subscribers have all of the rights of a User with respect to the CPD Organiser. Subscribers also have the right to access Online CPD Content in order to complete their continuing professional development and record the Online CPD Content they have completed in the CPD Organiser.
- Use of the CPD Organiser to record CPD Hours/Points does not validate any CPD Hours/Points recorded. Ausmed provides the CPD Organiser as a record management tool only for Users’ convenience. Each and every User is solely responsible for validating their accrued CPD Hours/Points and to ensure that such CPD Hours/Points meet the requirements of Users’ continuing professional development requirements under any applicable law in the Users’ jurisdiction.
- You must not copy, duplicate, distribute, disseminate, adapt, reverse engineer, decompile, modify, make error corrections or otherwise commercialise the CPD Organiser (including its software or source code) or any other Content or Services available on the Sites.
- You are encouraged to regularly back-up your continuing professional development information to protect it against unexpected loss. It is also recommended that you print a hard copy of your continuing professional development information from time to time. We recommend that you not use the CPD Organiser (either on the App or via your computer) as the sole repository of your continuing professional development information. You acknowledge and agree that we are not liable for any loss of data occasioned to information stored on the CPD Organiser as a result of an error or malfunction of the CPD Organiser or the Sites and you agree to indemnify and hold us harmless against any loss, harm or damage that you suffer as a result of such data loss or our inability to provide CPD Organiser reports due to technological conditions outside of our reasonable control.
- You acknowledge and agree that we may send you regular email notification of forthcoming educational programs and activities run by Ausmed that could enable you to accrue CPD Hours/Points. You may opt-out of receiving such information at any time by using the unsubscribe link contained in our emails to you.
3.7.5 Ausmed App
- Ausmed may make the Content and Services available to you through the App.
- These Terms supplement and incorporate the Apple, Inc. Terms and Conditions including, without limitation, the Licenced Application End User Licence Agreement provided therein (Apple Terms) and the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms). If any of the provisions of the Apple Terms or the Android Terms conflict with these Terms, these Terms have priority, solely to the extent that these Terms apply to the App.
- To download, install and use the App, you must be at least 18 years of age and register for an account on the App account. Basic information is required when registering for an App. Each User is required to provide certain information, including but not limited to their name, email address and password when registering for an account. Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. It is each User’s responsibility to keep their App account details and password confidential. Each User is liable for all activity on their App account.
- You must solely determine the device suitable for downloading, installing and using the App and Ausmed is not liable and responsible if your mobile device does not support the App. To download, install and use the App, you may be required to have internet and telecommunication connectivity. Ausmed will not be liable for any internet or telecommunication costs which you incur as a result of your use of the App.
- You agree not to reproduce, duplicate, re-sell, reverse engineer, modify, interfere with or damage the App, the Content and Services on the App, or any part thereof.
- Payments for subscription Services
4.1 Subscription Packages
4.1.1 In order to make use of the subscription Services, including the subscription Content, you must pay the fees for the Services and Content as set out on the Site at the time of subscription (Fees). We offer various subscription packages (Packages) for our subscription Services and Content. You must nominate a subscription Package and agree to be bound by the Package for the duration of your nominated subscription term.
4.1.2 The available Packages are set out on our Sites from time to time and include the following:
- Annual subscription: one-off annual fee for a twelve month subscription as advertised on the Sites from time to time. You must pay this fee in full at the time of subscribing to our subscription Services and Content. You must pay by credit card or by way of electronic funds transfer.
- Monthly subscription: a monthly fee as advertised on the Sites. You must pay the first instalment of the fee at the time of subscribing to our subscription Services and Content and each subsequent instalment of the fee on the monthly anniversary of the first instalment. You must pay by credit card or electronic funds transfer.
4.1.3 To the extent permitted by law, payments made under the annual or monthly subscription Package, once paid, are not refundable.
4.1.4 We do not offer refunds for change of mind.
4.2.1 Payment details
220.127.116.11 When you become a Subscriber you will be required to provide Ausmed with accurate, complete and current credit card or account details (in a form acceptable to Ausmed, in its sole discretion) to enable us to process your payment.
18.104.22.168 If you make a payment by way of credit card, you warrant that you are authorised to use the credit card to make the payment, that the payment will be honoured by the card issuer, and that you will maintain sufficient funds in the account to cover the Fee.
22.214.171.124 Where you have elected to make payments for subscription Services under the monthly subscription Package you authorise Ausmed to retain your payment details and debit future subscription payments directly from your credit card or nominated account. You can revoke this authority at any time by contacting us using the contact details on the Sites.
126.96.36.199 Ausmed warrants that it will take all reasonable steps to ensure that your credit card and/or account details are securely stored. We are not responsible or liable for misuse of your payment information by third parties that is beyond our reasonable control. When purchasing from Ausmed, card details are transmitted through an application programming interface. Card details are hosted by Ausmed after processing.
188.8.131.52 If Ausmed does not receive/cannot deduct payment on the due day (as the case may be), you agree to pay all amounts due in arrears upon demand in accordance with the procedure set out in clause 4.2.3.
184.108.40.206 Should your credit card expire during the term of your nominated subscription Package or your account details change, you must inform Ausmed of your updated details. You may do this by contacting us using the contact details on the Sites.
4.2.2 Rejection of payments
220.127.116.11 In circumstances where you have authorised us to deduct payments from your credit card or account as a part of the monthly subscription Package, if any attempt to debit the Fee fails we may make further attempts to debit so much of the Fee as is due to us.
18.104.22.168 If after fourteen days we cannot debit your credit card or account, your subscription may be suspended or cancelled until we receive payment.
4.2.3 Payments due upon demand
22.214.171.124 If any Fee is unpaid, then without limitation the following actions may be taken by Ausmed:
- Ausmed may suspend your access to the subscription Content and Services on the Sites until payment is made.
- Ausmed may issue you with a reminder email.
- Ausmed may issue you with a final reminder email.
- Ausmed may attempt to process your credit card or account for payments in arrears; and
- Ausmed may terminate your subscription at any time, following failure to receive payment of the Fee, whether or not Ausmed has taken any of the steps set out in paragraphs (a) to (d) above.
4.2.4 No interest
126.96.36.199 Ausmed will not charge you interest on overdue amounts.
4.2.5 Discrepancies in payment - You agree to notify us of any billing problems and discrepancies with your credit card or account as soon as practicable and in any event before your next subscription payment is due.
4.3 Continuation of subscription
4.3.1 Monthly Subscription: Where you have nominated the monthly subscription Package you agree that your subscription will continue on a month-by-month basis until you give us at least 30 days' written notice that you are cancelling your subscription.
4.3.2 For Annual Subscription: Upon the expiry of your twelve-month subscription Package your annual subscription will renew automatically for a further twelve month period unless we receive written notice of cancellation from you at least 30 days before the expiry of your twelve month subscription Package.
4.4.2 Annual Subscription:Annual subscriptions Packages cannot be cancelled during the term. If you wish to terminate your annual subscription Package you need to provide us with notice in writing at least 30 days' before the expiry of your twelve month subscription Package.
- Intellectual Property
5.1 The Content on the Sites is owned by or licensed to Ausmed and is protected by Australian and international laws. We own the Intellectual Property rights in our Content including, but not limited to, copyright which subsists in all creative and literary works incorporated into our Content. You agree that, as between you and us, we own all Intellectual Property rights in our Content and that nothing in these Terms constitutes a transfer of any Intellectual Property in our Content. Your use of the Content does not grant you a licence, or act as a right to use any Intellectual Property in the Content, whether registered or unregistered, except as stated in these Terms or with our written permission. You must not breach our Intellectual Property rights by, including but not limited to:
- altering or modifying any of the Content;
- creating derivative works from the Content; or
- using the Content for commercial purposes such as on-sale to third parties.
5.2 We grant you a non-perpetual, non-exclusive, revocable, location specific and non-transferable licence to use the Content for your personal use and professional development.
5.3 You may not use any automated scripts or "robots" to access, copy, or manipulate any Content.
5.4 This clause survives the termination of these Terms.
- Prohibited conduct
6.1 You must not:
- use the Sites for any activities, or post or transmit any material from the Sites;
- unless you hold all necessary rights, licenses and consents to do so;
- that infringes the Intellectual Property or other rights of any person;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that defames, harasses, threatens, menaces, offends or restricts any person;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, discarding, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
- that would bring us, or the Sites, into disrepute
- interfere with or inhibit any Users from using the Sites;
- use the Sites to send unsolicited email messages;
- attempt to or tamper with, hinder or modify the Sites, knowingly transmit viruses or other disabling features, or damage or interfere with the Sites, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Sites;
- advertise your products or services; or
- facilitate or assist a third party to do any of the above acts.
- Your content
7.1 If you choose to add any content on the Sites, you:
- warrant to us that you have all necessary rights to post the content;
- grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
- you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
7.2 We reserve the right to edit or remove any of your content from the Sites.
7.3 You are solely responsible for any content you submit to the Sites. You acknowledge and agree to hold Ausmed harmless and defend and indemnify us (our officers, directors, employees, contractors and agents) against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis) including in tort, contract or negligence, arising out of or in connection with your breach of this clause.
- Your privacy
- Consumer law and disclaimers
9.1 Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). We guarantee that the Services we supply to you are rendered with due care and skill, fit for the purpose that we advertise, or that you have told us you are acquiring the Services for, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Services is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
9.2 Except for your Statutory Rights, we exclude all express and implied warranties representations and guarantees and all Services, Content, material and work is provided to you without warranties, representations and guarantees of any kind, either express or implied. We expressly exclude all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
9.3 Except for your Statutory Rights, the Sites are provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any materials on the Sites or your access to the Sites will be error free, that any defects will be corrected, that the Sites or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Sites will operate on a continuous basis or be available at any time. You accept that the Sites may become unavailable from time to time due to repairs, maintenance and development work.
9.4 Ausmed does not warrant or guarantee that in using our Services or Content that you will experience positive outcomes with respect to you career or professional development or that you will achieve a particular outcome or result.
9.5 The opinions expressed by guests, experts, Visitors or Users of the Ausmed Sites are those of the relevant guest, expert, User or Visitor and Ausmed does not endorse or accept responsibility for such opinions.
- Limitation of Liability
10.1 To the extent permitted by law, neither Ausmed, nor its directors, employees or agents, accept any liability in contract, tort (including negligence) or otherwise for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or any third party, or claims made against you or any third party which results from:
- your use of or access to, or any inability to use or access the Sites, Content or Services;
- your reliance on the Content;
- the late supply of Services; or
- your inability to validly claim CPD Hours/Points.
10.2 To the extent permitted by law, our total liability arising out of or in connection with the Services provided via the Sites, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates. Our total liability to you for all damages in connection with the Services will not exceed the price paid by you under these Terms for the 12 month period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, or the amount recovered or recoverable under our business insurance policies, whichever is the greater.
10.4 This clause will survive the termination of these Terms.
11.1 You agree to indemnify Ausmed for and pay to Ausmed on demand the amount of all losses, costs, charges, damages, expenses and other liabilities incurred in connection with any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal and other professional costs, resulting directly or indirectly from:
- your breach of these Terms;
- your misuse of the Ausmed Sites, Services and/or Content;
- your breach of any law or third party right; and
- any information provided by you that is not accurate, up to date or complete or is misleading or a misrepresentation.
11.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arises as a result of your use of the Services or Content including but not limited to disputes, complaints, investigations or litigation that arises out of or related to incorrect information you have given us.
11.3 This clause will survive the termination of these Terms.
- Force Majeure
12.1 Neither party shall be liable for any delay or failure in performance under these Terms in relation to any Content or Services as a result of Force Majeure event.
12.2 For the purpose of these Terms, 'Force Majeure' mean any and all circumstances beyond our reasonable control including 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 or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain power required for equipment. Ausmed is not responsible for server downtime under any circumstances.
12.3 If there is a Force Majeure event and as a result we are delayed from performing our obligations for a period of at least 2 months, Ausmed may terminate these Terms with you by giving you 5 business days’ notice in writing.
13.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect our Confidential Information from any unauthorised disclosure; and only to use our Confidential Information for the purpose for which it was disclosed or provided by us to you, to provide better quality Services and Content to you and not for any other purpose.
13.3 These obligations do not apply to Confidential Information that:
- is authorised to be disclosed;
- is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms;
- is received from a third party, except where there has been a breach of confidence; or
- must be disclosed by law or by a regulatory authority including under subpoena.
13.4 This clause will survive the termination of these Terms.
14.1 If any clause (or part thereof) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a clause (or part thereof) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the clause (or part thereof) must be severed from these Terms and the remaining provisions of these Terms are valid and enforceable.
14.2 Our related entities may rely on and enforce these Terms. You acknowledge and agree that we enter into these Terms on our own behalf and also as agent and trustee for each of our related entities, so that our related entities have the benefit of (and may enforce) these Terms.
- Jurisdiction and Foreign Usage
15.1 These Terms are governed by and are to be construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. Each party irrevocably submit to the exclusive jurisdiction of the courts operating in the State of Victoria.
15.2 Ausmed makes no representations that the usage of the Sites, Content or Services will not violate the laws of your local jurisdiction if outside the state of Victoria. You are responsible for compliance with the laws of your jurisdiction.
This document was last updated August 2017.
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