Ausmed Education Pty Ltd - Terms and Conditions of Use of Website Ausmed.com.au
1.1 'Ausmed', 'Ausmed Education', 'Ausmed Education Pty Ltd', 'we / us / our' shall mean the company 'Ausmed Education Pty Ltd'. The terms 'you' and 'your' shall mean the User, Member and Subscriber of our Website, Ausmed.com.au.
1.2 - 'Ausmed.com.au', 'the Website', 'Ausmed Education' or 'Ausmed', shall mean the website Ausmed.com.au, its content and related services which are provided by Ausmed. The URL of the Website may change from time to time. However, these Terms and Conditions continue to govern the agreement between you and Ausmed despite any changes to the Website URL. Further, you will be notified of any change in these Terms and Conditions and the latest updated Terms and Conditions will be always posted on our Website.
1.3 'Content' and 'Services' shall mean all of the material and services available on the Website. The Terms and Conditions which govern your use of the Website will be determined by reference to the type of Content and/or Service you elect to access and use on the Website.
1.4 'Subscriber' (including 'Subscription' and 'Subscribe' '' 'Membership'), shall mean a User of the Website who has registered for the additional service of Subscription. 'User' shall mean a visitor to the Website who has registered within the Website as provided for in clause 3 of these Terms and Conditions. Use of the Website by a User does not automatically require payment; unless the User registers for additional content and services, including Subscription and Event Registration.
1.5 'Visitor' shall mean the visitor to the Website. A Visitor may also be a User and/or Subscriber to the Website, subject to clauses 3 and 4 of these Terms.
1.6 'Third Party Sites' shall mean links to other websites operated by third parties.
1.7 'Survey or Polls' shall mean a survey or opinion poll conducted by Ausmed through the Website.
2.1 Your use of the Website constitutes your agreement to these Terms and Conditions and these Terms and Conditions constitute a legally binding agreement between Ausmed and you.
2.2 You are bound by these Terms and Conditions and you must review them periodically.
2.3 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 agreement formed in accordance with these Terms and Conditions.
2.4 You confirm that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
2.5 Ausmed reserves the right to refuse to accept any person as a Visitor, User, Member or Subscriber of the Website without giving any reason for such refusal.
2.6 You acknowledge that the internet is not a secure medium and the privacy of your communication and personal information can never be guaranteed, though Ausmed exerts its best efforts to securely maintain your communication and personal information.
2.7 You agree to release and indemnify Ausmed from any and all losses, injuries, liabilities, claims, etc. arising from the use of our website or from accessing its Content and Services.
3. Content and Services of the Website
3.1 The Ausmed Website features a Comment and User Engagement Policy which forms a part of these Terms and Conditions 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 Website's Content and/or Services. To the extent permitted by law, Ausmed, its affiliates, officers, employees, representatives and consultants expressly disclaim all and any liability arising from any information loaded onto the Website as Content and resulting from any actions taken in reliance on the Content, and are not responsible for any error or omission from the Content. The Content is not intended to be used as medical advice and should not at any time be considered as replacement of the services or advice of a qualified health care professional. 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.
3.2 Content and Services for Visitors - Visitors are provided to access free content on the Website including the Blog and other freely available content.
3.3 Content and Services for Users
3.3.1 You are able to register as a User of the Website.
3.3.2 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.
3.3.3 No fees are payable by Users for general usage of the Website; unless a User registers for additional services including Subscription and/or Event registration.
3.3.4 The rights of Users are the following:
- To register for Events such as Seminars, Conferences and Study Days;
- To purchase Ausmed textbooks and other tangible items;
- To use free services on the Website including the CPD Organiser Service; and
- To access free content on the Website including the Blog and other freely available content.
3.4 Content and Services for Subscribers
3.4.1 You are able to Subscribe to the Website.
3.4.2 In order to Subscribe to the Website, you must provide your personal details including your name, address, phone number and email and any other additional information including payment information.
3.4.3 If your personal or payment information changes, you agree that you will contact Ausmed as soon as practicable to advise us of your changes.
3.4.4 Your Subscription order will be deemed to be an offer by you to become a Subscriber subject to these Terms and Conditions (including additional terms provided on the Subscription webpage, if any).
3.4.5 Ausmed is not bound to accept your offer for Subscription. However, Ausmed will be deemed to have accepted your offer once it issues an order confirmation email to you.
3.4.6 The order confirmation email issued to you by Ausmed forms a contract between you and Ausmed. This contract is based on the terms of your subscription including these Terms and Conditions.
3.4.7 Ausmed reserves the right, upon notice to you, whether by email or by published amendments to these Terms and Conditions, to change or terminate the terms of the Subscription contract between you and Ausmed. You agree that your use of the Website after notice of change to the Subscription terms indicates your acceptance of these changes.
3.4.8 As a Subscriber, you are required to make payments in accordance with clause 4 of these Terms and Conditions.
3.4.9 The rights of Subscribers are enforceable for the duration of Subscription only. The rights of Subscribers are as follows:
- To continue to exercise all rights provided to Users; and
- To access all paid content on the Website including the Video Learning Activities, Lectures/Videos, eBooks, eChapters and CPD Content.
3.5 Online CPD Content
3.5.1 As part of the Content and Services accessible on the Website, Ausmed provides Continuing Professional Development ('CPD') educational content on a variety of health care-related topics. Your viewing of CPD is recorded in hours ('CPD hours').
3.5.2 The Content is available in different formats and is provided by the Website. Your right to use the Content is governed by the type of format you wish to access, subject to your access as a Visitor, User or Subscriber.
3.5.3 You must be a Subscriber to access the CPD available on the Website.
3.5.4 The following terms apply to the use of the different formats available on the Website:
18.104.22.168 Video Learning Activities, Lectures/Videos
- 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;
- You are not permitted to reproduce any tools including self-evaluation tools, or distribute or make available to non-Subscribers any support materials whatsoever that relate to the Video Learning Activities, Lectures/Videos. You are not permitted to photocopy support materials and/or electronically distribute these to third parties;
- You are not permitted to make any alterations to the Video Learning Activities, Lectures/Videos, whatsoever;
- You are not permitted to pass the Video Learning Activities, Lectures/Videos off as your own intellectual property;
- Ausmed also advises that viewing of or listening to the Video Learning Activities, Lectures/Videos outside of Ausmed's complete framework for Video Learning Activities, Lectures/Videos does not entitle the viewer to the approved CPD hours, which have may been allocated by Ausmed.
22.214.171.124 eChapters, eBooks and CPD
- You have the right to view, save and print this Content for your personal use only. You are not permitted to make copies of, or give copies to, other people under any circumstance;
- The CPD hours attributed to the Content is determined by Ausmed. The CPD hours are intended as a guide only;
- It is your responsibility to determine whether the Content meets the requirements for crediting CPD hours in your jurisdiction. Ausmed is not responsible for prescribing or determining suitability of the Content for CPD purposes;
- From time to time, Ausmed may post opinion articles on the Website ('Blogs');
- These Blogs are sourced and distributed by Ausmed. However, Ausmed expressly advises that these Blogs do not reflect the opinion, experience or advice of Ausmed;
- You are permitted to access and read any Blogs posted on the Website. To the extent permitted by law, you are permitted to forward, distribute and use these Blogs in your daily activities;
- To the extent permitted by law, Ausmed, its affiliates, officers, employees, representatives and its consultants expressly disclaim all and any liability arising from any information, opinion, experience or advice conveyed in any Blog posted on the Website. Additionally, Ausmed, its affiliates, officers, employees, representatives and its consultants expressly disclaim all and any liability resulting from any actions taken in reliance on any Blog, and are not responsible for any error or omission in any Blog. These Blogs are not intended to be used as medical advice and should not at any time be considered as replacement of the services or advice of a qualified health care professional.
126.96.36.199 Survey or Polls
- From time to time, Ausmed may conduct a survey or opinion poll on the Website ('Survey or Polls');
- The results of the Survey or Polls are sourced and distributed by Ausmed. However, Ausmed expressly advises that the results of any Survey or Polls do not reflect the opinion, experience or advice of Ausmed;
- You are permitted to access and read any Survey or Polls posted on the Website. To the extent permitted by law, you are permitted to forward, distribute and use the results of any Survey or Polls in Your daily activities.
188.8.131.52 Online CPD Service ('CPD Organiser')
- As part of the Content and Services accessible on the Website, Ausmed provides you with a service to record your Continuing Professional Development ('CPD'). Your CPD is recorded in hours ('CPD hours'). This Service is called the CPD Organiser;
- Your right to use the CPD Organiser is governed by the level of access you have to the Website;
- If you are a User, you are able to plan, document and evaluate your CPD. You are able to record any education you have completed from any education provider. You are also able to print a report outlining your CPD. This report includes information about your personal and professional profile, and a summary of your learning plan, goals and activities. Only you are able to access your CPD Organiser;
- If you are a Subscriber, you have all of the rights of a User. You also have the right to access Content in order to complete your CPD;
- Ausmed expressly advises that the CPD Organiser does not validate any or all CPD hours accrued. Ausmed provides the CPD Organiser as a record management service only. Each and every user of the CPD Organiser is solely responsible for the validation of all or any of his or her CPD hours and to ensure that such CPD hours are valid under Australian Law or under your relevant jurisdiction;
- Your CPD information is your property. You expressly accept that clause 6 of these Terms and Conditions applies to Your CPD information;
- Ausmed shall use reasonable steps to maintain confidentiality of your CPD information. However, Ausmed may disclose your CPD information 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 you have given written consent to the disclosure of your CPD information only. 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 Court, all or part of your confidential information shall come under the control and management of a third party at that time. In such circumstances, all legal requirements of confidentiality will be the sole responsibility of the acquiring party;
- You may not copy, duplicate, distribute, disseminate or reverse engineer any software as relates to the CPD Organiser or any other Service or use any portion of such software to provide a competing service;
- You are encouraged to make regular and complete back-ups of your CPD information to protect against unexpected data loss. You are recommended to print a hard copy of your CPD information from time to time to ensure against loss. Do not use the CPD Organiser as the sole repository of Your CPD information;
- Ausmed is not responsible for any loss or injury due to data loss arising from any reason whatsoever and you agree to hold us harmless from any delay in providing reports due to technological conditions outside of our reasonable control;
- You agree to receive regular email notification of forthcoming educational programs and activities from Ausmed that could enable you to accrue CPD hours.
184.108.40.206 Event Registration
- As part of the Content and Services accessible on the Website, Ausmed provides educational events at a variety of locations across Australia and on a variety of health care-related topics ('Events');
- A Service provided on the Website is the ability to apply for registration to any such Events ('Event Registration'). This includes the ability to register yourself or another ('the Delegate') for such Events ('Your Event Registration');
- A Visitor to the Website may become a User of the Website when applying for Event Registration;
- In order to successfully complete Event Registration, the following must occur:
- Visitor or User must complete and submit the relevant Event Registration application form online;
- Ausmed must accept your application for Event Registration. This acceptance will be communicated to you by confirmation email.
- Ausmed is not bound to accept your application for Event Registration. However, Ausmed will be deemed to have accepted your application once it issues a confirmation email to you.
- The confirmation email issued to you by Ausmed forms a contract between you and Ausmed. This contract is based on the terms of Your Event Registration including these Terms and Conditions.
- By successfully completing Event Registration, You confirm the Delegate's attendance. You accept all responsibility for payment of fees unless there is an explicitly assigned 'biller/payer'.
- Payment in full for the cost of the Event Registration must be made at the 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 Event Registration.
- Payment for Event Registration may be made by any of the following methods:
- Online Payment: You may pay with your Visa or MasterCard, credit or debit card. Please note that when paying with a credit/debit card, a banking fee of 2% is deducted additionally.
- Cheque: Please make cheques payable to Ausmed Education Pty Ltd. Please post this payment to Ausmed Education Pty Ltd, PO Box 4086, Melbourne University, Parkville VIC 3052. Please ensure the Delegate's name, Event name and a contact telephone number are written on the reverse side of the cheque.
- Bank Transfer / Direct Deposit: Event Registration may be paid via an Electronic Funds Transfer (EFT). Should you wish to pay by Bank Transfer / Direct Deposit, please contact Ausmed directly (03 9326 8101) to obtain our bank details.
- Tax Invoice: you may arrange payment for Your Event Registration by exercising the 'invoice' option. Please note that payment for Your Event Registration must be made on the earlier of (a) the date 30 days following the date of Event Registration; or (b) the date of the Event.
- In cases where the payment is not able to be made prior to the event commencing:
- All delegates are required to pay a deposit of $150 seven days prior to the event to secure their place. If this deposit is not received your place will not be held, however you are welcome to go along on the day and re-register.
- If your deposit has been paid and you fail to attend an Ausmed event or notify Ausmed of cancellation in writing (email, fax or postal letter) at least seven days prior, your deposit is forfeited and will not be refunded.
- If you register within seven days of an event being held and do not pay the full fee nor the deposit and fail to attend the event, you are still liable to pay the full event fee.
- If payment for the event has been made and you wish to cancel your registration you must notify Ausmed in writing (email, fax or postal letter) at least seven days prior to the event commencing. All cancellations received will be responded to. A standard handling charge of 10% of the costs paid will be deducted from your refund. We will provide no refund if Ausmed receives notification of cancellation of your event registration less than seven days prior to the event.
- If your workplace or another organisation is paying for your attendance, you are required to notify our office of this by calling 03 9326 8101 and providing a copy of the purchase order number as confirmation. If the delegate does not attend the event or notify Ausmed of cancellation in writing (email, fax or postal letter) at least seven days prior to the event, the organisation is still liable to pay the full registration fee.
- If an organisation is sending a replacement staff member to attend an Ausmed event, Ausmed needs to be notified of this change in writing (email, fax or postal letter) at least seven days prior to the event commencing.
- If a delegate needs to transfer to another event, Ausmed needs to be notified of this change in writing (email, fax or postal letter) at least seven days prior to the event commencing
- Ausmed will always issue a Tax Invoice/Tax Receipt for Event Registration as per applicable Australian law. Whether Your Event Registration is eligible for a tax deduction will depend on your individual circumstances. You are advised to contact your tax consultant/accountant for further information;
- Ausmed will make all reasonable efforts to ensure that the advertised educators present at each Event. If an educator withdraws from presenting at an Event, a replacement educator may be scheduled by Ausmed. You agree that Ausmed may validly change or replace an educator without providing notice to you and/or the Delegate;
- Ausmed reserves the right to cancel an Event, change the dates of an Event or change the venue location of an Event where necessary. Where this right is exercised, Ausmed will make a reasonable effort to contact the Delegates who are registered to attend the Event using the contact details provided to Ausmed at the time of Event Registration. If a Delegate has not completed an Event Registration, it is their responsibility to ensure that they are aware of any changes that may have occurred to details of the Event (including cancellation). Ausmed takes no responsibility for Delegate travel or accommodation and is not liable for any out of pocket expenses incurred by any Delegate including but not limited to travel (flights/bus/train/petrol/or other travel expenses) and accommodation in the instance of dates changes, cancellation or venue change of an Event;
- To the extent permitted by law, Ausmed, its affiliates, officers, employees, representatives and its consultants expressly disclaim all and any liability arising from any information given at an Event or subsequently loaded onto the Website as Content (collectively 'Event Information'), and resulting from any actions taken in reliance on the Event Information, and are not responsible for any error or omission from the Event Information. The Event Information is not intended to be used as medical advice and should not be considered as a replacement of the services or advice of a qualified health care professional. The Event Information 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 do not disregard, or advise others to disregard, medical advice or delay seeking it because of the Event Information.
3.5.5 Ausmed App for Mobile Devices
- Ausmed may make the Content and Services available through an application for use on mobile devices ('App').
- By downloading and installing the App, You agree to be bound by the Terms and Conditions of Use. If you do not agree with these Terms and Conditions, You should cease downloading, installing or using the App.
- To download, install and use the App, You must be at least 18 years of age.
- Use of the App does not include the provision, by Ausmed, of a mobile device to you. 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 or any part thereof.
- This App contains a variety of Content on health for general educational and informative purposes only. To the extent permitted by law, Ausmed, its affiliates, officers, employees, representatives and its consultants expressly disclaim all and any liability arising from any information available through the App as Content, and resulting from any action taken in reliance on the Content, and are not responsible for any error or omission from the Content. The Content is not intended to be used as medical advice and must not be considered as replacement of the services or advice of a qualified health care professional. 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 do not disregard, or advise others to disregard, medical advice or delay seeking it because of the Content.
- The App is independent of any mobile device upon which it is located. The App is not linked, associated, sponsored, endorsed or in any way linked to any mobile device operator, including but not limited to, Apple, Google, Android, etc.
- Your download, installation, access to or use of the App is also bound by the Terms and Conditions of your mobile device operator, which are not in our control.
4.1 Payment Schemes
4.1.1 In order to be a Subscriber, you must make payments. At the time of Subscribing, You may choose the payment scheme ('Payment Scheme') for your Subscription. You will be bound by this Payment Scheme for the duration of your Subscription.
4.1.2 The available Payment Schemes are the following:
- Annual Subscription: one-off annual fee for twelve month Subscription as advertised on the Website at the time of Subscribing. You must pay this fee in full at the time of Subscribing. You may make this payment by credit card, direct bank deposit, PayPal or by cheque.
- Monthly Subscription: monthly fee as advertised on the Website at the time of Subscribing. You must pay the first monthly fee at the time of Subscribing. You must pay by credit card. Your monthly Subscription fee will be governed by the terms in clause 4.2.
4.1.3 Ausmed reserves the right to alter the fees associated with these Payment Schemes. You will be given at least fourteen (14) days' notice in writing of these changes, whether by email or published amendments to these Terms and Conditions.
4.1.4 You agree to and accept any changes to Subscription fees pursuant to this clause.
4.1.5 To the fullest extent permitted by applicable law, Subscription fees, once paid, are not refundable.
4.2 Credit Card Payments
4.2.1 Details of Your Credit Card
220.127.116.11 When you become a Subscriber, you will be required to provide Ausmed with accurate, complete and current credit card information of a credit card that you are authorised to use ('Your Credit Card').
18.104.22.168 By Subscribing, you authorise Ausmed or its agent to bill your Credit Card with the Subscription fees applicable to your Subscription.
22.214.171.124 You further authorise Ausmed or its agent to retain the details of your Credit Card for future use in payment of your Subscription fees or any other charges you may incur in connection with your Subscription or use of the Website's services.
126.96.36.199 Ausmed warrants that it will do everything reasonably necessary to ensure that your Credit Card details are securely retained. However, Ausmed does not undertake any responsibility or liability for misuse of your Credit Card details by anyone in any manner that is beyond our reasonable control.
4.2.2 Payment for Annual Subscription: Your annual fee will be debited from your Credit Card at the time of Subscribing. 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.
4.2.3 Payment for Monthly Subscription: Your monthly Subscription fee will be debited from your Credit Card. 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 in arrears upon demand.
4.2.4 Expiration of Your Credit Card - Should your Credit Card expire during your Subscription period, you must inform Ausmed of your Updated Credit Card details. You may do this by contacting Ausmed through the means indicated on the Website's 'Contact Us' webpage.
4.2.5 Rejection of Your Credit Card
188.8.131.52 If any payment fails to transfer between your Credit Card and Ausmed, we will make further attempts within the following seven (7) days to clear the fund transfer.
184.108.40.206 If after 7 days payment fails, Subscription may be suspended or cancelled.
4.2.6 Payments Due Upon Demand
220.127.116.11 For Monthly Subscription: if Ausmed is unable to process any payments due by you to Ausmed, Ausmed may demand that you pay all outstanding amounts accrued up until that point.
18.104.22.168 In demanding payment, the following actions may be taken by Ausmed:
22.214.171.124.1 Day 1: Ausmed may issue a seven (7) day notice by email to you and may block you from accessing the Subscription content and services on the Website.
126.96.36.199.2 Day 3: Ausmed may issue you a reminder email.
188.8.131.52.3 Day 5: Ausmed may issue you with a final reminder.
184.108.40.206.4 Day 7: Ausmed may suspend or cancel your Subscription.
4.2.7 Fees associated with Your Credit Card
220.127.116.11 Save for outstanding amounts due upon demand, Ausmed will not charge you fees for rejection or expiration of your Credit Card.
18.104.22.168 You agree that you are solely responsible for any and all fees charged to your Credit Card by financial institutions including your Credit Card provider. Such fees may include overdraft fees.
4.2.8 Discrepancies in Payment - You agree to notify us of any billing problems and discrepancies within 30 days after they first appear on your Credit Card account statement. If you do not bring them to Ausmed's attention within 30 days, you agree that you waive your right to dispute such problems and discrepancies.
4.3 Continuation of Subscription
4.3.1 For Monthly Subscription: You agree that your monthly Subscription will continue on a month-by-month basis until you seek to cancel your Subscription as outlined in Clause 4.4.
4.3.2 For Annual Subscription:
22.214.171.124 At the conclusion of your twelve-month Subscription your annual Subscription will either renew or cancel depending on the choice You made when Subscribing.
126.96.36.199 You agree that it is your responsibility to contact Ausmed if you wish to cancel your Subscription.
4.4.2 Termination for Annual Subscription within 12 months:
188.8.131.52 If you wish to cancel your Subscription before the expiry of the minimum period of twelve months, you agree that, to the fullest extent permitted by law, you will not receive a refund from Ausmed.
184.108.40.206 Notwithstanding your termination, you will continue to have access to the content and services relevant to your Subscription for the remainder of your Subscription period, except for termination for cause.
5.1 Copyright in the Content and Services on the Website is owned and licensed to Ausmed, unless indicated otherwise. The Content and Services on the Website are protected by intellectual property laws.
5.2 Except where permitted under the Copyright Act 1968 (Cth), other applicable laws, or these Terms and Conditions, you may only use the Content and Services for your personal use. This means that no Content or Service may be used for commercial purposes, resold, rented or sub-licensed, reproduced, modified, adapted, uploaded to a third party, linked to, framed, distributed or transmitted in any form without the prior written consent of Ausmed. You may be liable for prosecution if you share with or distribute the Content or Services to any other person in contravention of this clause.
5.3 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. This includes the trademarks 'Ausmed Education', 'Ausmed Publications', 'Ausmed Conferences', 'Ausmed Online' and any other trademark as may be applicable from time to time. You agree that you shall not acquire any right, title or interest in or to the Trademarks or the goodwill associated therewith.
5.4 You may not use any automated scripts or "robots" to access, copy, or manipulate any Content.
5.5 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 "willful" in nature.
5.6 You warrant that you shall indemnify us from any loss or damage which may be suffered by us, or by an affiliate of ours, as a result of any breach of any undertaking contained in this clause.
6. Your Personal Information
6.1 Whilst using the Ausmed Website, you may be required to provide personal information from time to time ('Personal Information'). This may include your name, address, phone number and email. In some circumstances, you may be required to provide additional Personal Information, including payment details, postal address and professional information.
6.2 It is a condition of your use of the Ausmed Website that your Personal Information:
6.2.1 Is not fraudulent;
6.2.2 Does not infringe upon the rights of any third party;
6.2.3 Does not violate any law including constituting a criminal offence;
6.2.4 Is not defamatory, libelous, unlawfully threatening or unlawfully harassing;
6.2.5 Is not harmful, threatening, abusive, hateful, obscene, vulgar, pornographic, profane or indecent;
6.2.6 Does not impinge on another Visitor's use or enjoyment of the Website; and
6.2.7 Does not contain any computer viruses or other harmful component.
6.3 You must not use any of your Personal Information to link to any website or web page consisting of or containing material that would, were it posted on the Ausmed Website, breach the provisions of these Terms and Conditions.
6.4 We reserve the right to edit or remove any of your Personal Information submitted to or hosted on the Ausmed Website, or stored on our servers.
6.5 You are solely responsible for the content of all your Personal Information. You agree to hold Ausmed harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity which determines that your Personal Information supports a legal cause of action.
7. Your Privacy
7.1 Your Privacy is important to us. We will exercise our best efforts to securely maintain your Personal Information, Credit Card details and all content uploaded by you onto our website.
7.2 When you visit our website, certain information in the form of cookies may be stored on your computer. You always have the option of modifying the settings on your computer and blocking the cookies as per your wish. According to the chosen setting, your system then decides whether cookies will be stored on your computer or not. You are advised that blocking cookies could affect Your use of the Ausmed website.
7.3 We undertake to strictly abide by the Privacy Act, 1988 in collection, use, storage and disclosure of your Personal Information.
8.1 Some parts of the Website may be accessed only through the use of a password (Authorised Content and Services). In order to access the Authorised Content and Services, You must register a password which you will be required to enter in order to access the Authorised Content and Services.
8.2 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.
9. Limitation of Liability
9.1 To the extent permitted by law, Ausmed, its affiliates, officers, representatives, employees, contractors and agents expressly disclaim all responsibility for, and liability in respect of:
- the accuracy and reliability of the Content and Services on this Website in any particular circumstance;
- the ability of the Content and/or Services to specifically enhance any skill set or knowledge;
- the improper application of the Content and/or Services or the consequences of any person's failure to obtain advice from a qualified medical practitioner.
- the inappropriate and/or incorrect claiming of CPD hours
9.2 Ausmed does not guarantee that this Website or Third Party websites are free from viruses or defects, or that access and use of the Website will be uninterrupted. You accept that the Website may become unavailable from time to time due to repairs, maintenance and development work. Ausmed disclaims all liability arising out of technological issues which may arise in connection with the Website and its Content and Services.
9.3 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 Content and/or Service again; or (b) the payment of the cost of having the Content or Services supplied again.
10.1 This clause operates in addition to any and all other disclaimers found within these Terms and Conditions, on the Ausmed Website and within the Content and Services of the Website. All such disclaimers operate collectively upon the agreement between you and Ausmed for your use of the Website.
10.2 This Website contains a wide variety of Content on health and medical issues for general educational and informative purposes only. The Content on this Website 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 this Website 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 this Website 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.
10.3 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.
10.4 The opinions expressed by guests, experts or Visitors or Users of the Ausmed Website are those of the relevant guest, expert or User or Visitor and Ausmed accepts no responsibility for such opinions.
11.1 You agree to indemnify Ausmed against any claim, liability, or expense brought or threatened against, or incurred by Ausmed, which arises directly or indirectly from
- Your breach of these Terms and Conditions;
- Your use of the Ausmed Website;
- Your negligence, or
- any willful misconduct by You.
11.2 Ausmed accepts that Your Indemnity in this clause will be limited to the extent permitted by law.
12. Links to other websites
12.1 The Ausmed Website 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.
12.2 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.
12.3 Subject to any applicable law which cannot be excluded, Ausmed makes no warranties or representations:
- regarding the accuracy of the links to the Third Party Sites;
- regarding the quality, accuracy, merchantability or fitness of purpose of Third Party Material or products or services available through the Third Party Sites;
- that Third Party Material does not infringe the intellectual property rights of any person; or
- that by linking the Ausmed Website to the Third Party Material, Ausmed is authorising the reproduction of Third Party Material.
12.4 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. Where these offers and statements are made on the Ausmed Website, 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.
13. Force Majeure
13.1 Neither party shall be liable for any delay or failure in performance under these Terms and Conditions or in relation to any Content or Services as a result of Force Majeure.
13.2 For the purpose of these Terms and Conditions, 'Force Majeure' mean any and all 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.
13.3 When Force Majeure applies, Ausmed may exercise its right to terminate under these Terms and Conditions.
13.4 This clause shall not operate to restrict or delay any payment obligations arising under these Terms and Conditions.
14. Jurisdiction and Foreign Usage
14.1 These Terms and Conditions and all agreements formed as anticipated by these Terms and Conditions 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.
14.2 Ausmed makes no representations that the usage of the Website, the Content and/or Services, 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.
15. Dispute Resolution
15.1 All disputes, arising out of or relating to Terms and Conditions and all agreements formed as anticipated by these Terms and Conditions will be resolved through mandatory binding arbitration conducted in Victoria, Australia.
15.2 This arbitration will be conducted by an arbitration service provider mutually agreed upon. In the event that all parties cannot agree on a particular arbitration service provider, you agree that the Courts of Victoria, Australia, shall appoint an arbitration service provider.
15.3 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.
15.4 The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and legal representation 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 the confidential information of both parties.
15.5 Notwithstanding the foregoing, nothing in this clause 15 shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
16.1 In the course of your access and use of the Website, you may obtain confidential information regarding Ausmed or any affiliate of Ausmed ('Confidential Information'). Such Confidential Information may relate to the commercial dealings of Ausmed Education Pty Ltd, or the Content and/or Services of the Website, including (but not limited to) the engineering used to provide such Content and/or Services.
16.2 You may disclose Confidential Information if and to the extent (a) required by law; (b) the Confidential Information has come into the public domain through no fault of your own; or (c) Ausmed has given prior written approval of the disclosure of a specific part or all of the Confidential Information.
17.1 These Terms and Conditions, the agreement constituted by your use of the Ausmed Website, and your access to the Ausmed Website may be terminated at any time by Ausmed without notice.
17.2 If you are a Visitor to the Website, you are deemed to have terminated the agreement between you and Ausmed upon leaving the Website. A new agreement will be established upon your next visit to the Ausmed Website.
17.3 If you are a User of the Website, you are not deemed to have terminated the agreement between you and Ausmed upon each ad hoc time that you leave the Website. You must cancel your User profile in accordance with these Terms and Conditions or any additional procedures on the Website in order to validly terminate this Agreement.
17.4 If you are a Subscriber of the Website, you are not deemed to have terminated the agreement between you and Ausmed upon each ad hoc time that you leave the Website. You must cancel your Subscription in accordance with these Terms and Conditions in order to validly terminate this Agreement.
17.5 If you choose to terminate any Content or Service provided by the Website which accrues payment, you must terminate in accordance with the provisions relevant to that Content or Service (as contained in these Terms and Conditions).
17.6 All restrictions, licenses granted by you, confidentiality provisions, disclaimers, indemnity and limitations of liability in these Terms and Conditions will survive termination.
17.7 If any clause within these Terms and Conditions is found invalid, the relevant clause is severable. To the fullest extent possible, the remainder of these Terms and Conditions will continue to operate as the agreement between you and Ausmed.
17.8 Ausmed will not refund any fees paid by you for use of the Content and Services if your access is terminated -
- by your breach of these Terms and Conditions or for violation of any law while accessing the Website;
- due to the operation of the Force Majeure clause within these Terms and Conditions; or
- as otherwise determined under the Dispute Resolution clause within these Terms and Conditions.
17.9 Ausmed may, at any time, at its sole discretion, discontinue the Website 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 Website.
18.1 Ausmed reserves the right to amend (including add, delete, change or modify) these Terms and Conditions from time to time without prior notice to you. Your continued use of the Website constitutes your express acceptance of, and agreement to be bound by, these amended Terms and Conditions.
18.2 These are the current Terms and Conditions. They replace any other terms for the Website published on the Website to date.
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