Ausmed Education Pty Ltd ABN 33 107 354 441
Website Terms of Use
Last modified: September 2023
Ausmed Education Pty Ltd ABN 33 107 354 441 (Ausmed/we/us) provides a cloud-based platform (Platform) available through the Ausmed Websites for users to access the Ausmed Products, whether on a paid or unpaid basis.
In these terms of use (Terms), "you" or “User” means a Visitor, Registered User, Authorised User or Subscriber who uses the Websites.
These Terms govern your use of the Websites and apply only to the use of the Websites but do not apply to the use of any products or services offered by Ausmed, which you may access through the Websites (Ausmed Products). Use of the Ausmed Products is governed by the Ausmed Terms and Conditions which you must agree to separately as a condition of using the Ausmed Products.
By accessing, browsing and using the Websites, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, then you should not access, browse or use the Websites.
TERMS
1 DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these Terms the following words have the corresponding meaning:
Ausmed Content | has the meaning specified in clause 3.1 |
Authorised User | means an employee, consultant, contractor, agent or representative, of a Corporate Subscriber who has been given permission to access specified Products as determined by the Corporate Subscriber |
Corporate Subscriber | means an organisation or entity that has entered into an agreement with and been granted a licence by Ausmed to be provided with Products |
Individual Subscriber | means an individual User who signs up for one or more of the Products and has paid the relevant subscription fee for those Products |
Intellectual Property Rights | means all intellectual property rights of any kind whatsoever throughout the world including all present, future, registered or unregistered rights which subsist in copyright, trademarks, brand names, patents, inventions, designs, circuit layouts and plant breeders’ rights, together with the right to require that confidential information be kept confidential |
Licence | has the meaning specified in clause 2.1 |
Privacy Policy | means Ausmed’s privacy policy updated from time to time which is available on the Website |
Products | means the products (which may be updated at any time) listed in the product catalogue available on the Websites |
Registered User | means an individual who signs up for one or more of the free Products, (but who is not, or does not become, an Individual Subscriber or Authorised User) |
Subscriber | means either a Corporate Subscriber or an Individual Subscriber or both, as the context requires |
Visitor | means an individual visiting and browsing a Website who has not become Registered User or Subscriber |
Website | means each of www.ausmed.com, www.ausmed.co.nz, www.ausmed.co.uk and www.ausmed.com.au and such other URL including subdomains Ausmed may use from time to time including Ausmed’s Products available on those websites |
2 Licence
2.1 Ausmed grants to each User a limited, non-exclusive, non-transferable, revocable licence (Licence) to access and use the Websites subject to these Terms. We may terminate this Licence at any time for any reason.
2.2 You agree not interfere with, damage or disrupt the Website (or any software, network or equipment in connection with the Website) in any way.
3 INTELLECTUAL PROPERTY
3.2 Copyright in all content contained on our Websites (also comprising Ausmed Content), including, but not limited to, any text, drawings, images, page layout, music and video published on the Websites belongs to Ausmed or is licensed to Ausmed, unless stated otherwise, and is protected under the Copyright Act 1968 (Cth) and international copyright laws.
3.3 You agree not to use any Ausmed Content for any unlawful purpose or in any manner that would, in any way, infringe Ausmed’s intellectual property rights.
4 LINKS TO AND FROM THE WEBSITES
4.1 You may not link to our Website from your website through a hyperlink without express written permission from Ausmed.
4.2 If you access another site via clicking on a link contained in or on our Wesbites, 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.
5 WEBSITE UPDATES
Ausmed does not warrant the accuracy, adequacy or completeness of material on the Websites. All information or content may be changed, supplemented, deleted or updated without notice at the sole discretion of Ausmed.
6 No Warranties
6.1 You acknowledge and agree that:
(a) Ausmed does not guarantee that the Websites will always be accurate, reliable, error-free, free from viruses and other damaging code or programs, or that the use of the Websites will not result in damage or loss to your hardware, software or any data stored on it. You are solely responsible for ensuring that you have the right software and other devices to effectively deal with viruses and other damaging codes or programs that may affect your data or other property;
(b) while we will use reasonable endeavours to keep the Websites available, we are not liable to you if the Websites are unavailable for any period of time. We make no warranty that your access to the Websites 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 Websites and that your use of the Websites may be interrupted or otherwise affected during those times;
(c) use of the Websites is at your own risk;
(d) while Ausmed uses reasonable endeavours to ensure that all information including Ausmed Content is complete and accurate at the time of publication we accept no responsibility for any error, omission or defects contained in such information;
(e) Ausmed is not responsible for the actions or omissions of any Users of the Websites in relation to the content and information available on the Websites;
(f) the information and content available on the Websites 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 information and 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 information or content available on the Websites;
(g) Ausmed is not a provider of health care services and is not liable to you or any other person in any respect of any healthcare advice or service that you may provide;
(h) all information and Ausmed Content available on the Websites is provided “as is” without any warranty or guarantee of any kind;
(i) Ausmed will not charge you to access, use and browse the Websites however it may charge you to use Ausmed Products in accordance with the Ausmed Terms and Conditions;
(j) to the maximum extent permitted by law, Ausmed excludes liability or responsibility in any way to you or any other person for any loss, damages, costs, expenses or other claims (including consequential damages, loss of information, damage to systems due to viruses, loss of profits or loss of revenues), howsoever caused, including as a result, direct or indirect, of your access, browsing or use of the Websites, downloading content from the Websites or any other use of the Websites; and
(k) where liability cannot be excluded, any liability incurred by Ausmed in relation to the use of our Websites or the information and Ausmed Content available on the Websites will be limited to the extent provided by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
7 PRIVACY
By using the Websites, you agree to the terms of the Ausmed Privacy Policy. A copy of our Privacy Policy may be viewed on our Websites.
We reserve the right to take such action as is required in our sole discretion if you are found to have breached these Terms.
9 amendments
9.1 Ausmed reserves the right to revise and amend these Terms in its discretion by publishing the updated Terms on the Websites.
9.2 Your continued use of the Websites after an update will mean that you agree to the updated Terms. You must stop using the Websites if you do not agree to the updated Terms.
10 GOVERNING LAW
10.1 These Terms will be construed in accordance with and will be governed by the laws in force in the State of Victoria, Australia.
10.2 Ausmed makes no representations that use of the Website 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.
