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 ' Corporate Subscriber' means an organisation or entity that has entered into an agreement with us to be provided with corporate subscription services.
1.5 'Employee Subscriber' means, subject to clause 3.9.2 of these Terms, a User of the Sites who is an employee of or contractor to a Corporate Subscriber where the Corporate Subscriber has paid for subscription Content and Services for the Employee Subscriber.
1.6 ‘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.
1.7 'Research' means any research conducted by Ausmed through the Sites or in relation to the information obtained by Ausmed from the Sites.
1.8 ‘Sites’ means the App and Website, including the Content and Services available on the App and Website.
1.9 'Subscriber' means a User of the Sites who has registered and paid for subscription Content and Services, either individually or because that User is an Employee Subscriber.
1.10 'Survey or Polls' means a survey or opinion poll conducted by Ausmed through the Sites.
1.11 'User' means a visitor to the Sites who has registered within the Sites as provided for in clause 3 of these Terms.
1.12 'Visitor' means a visitor to the Sites who has not registered as a User or Subscriber.
2.1 You guarantee and warrant to Ausmed that you are at least 18 years of age and that you possess the legal capacity to enter into 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.
2.2 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.
2.3 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.
2.4 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.
2.5 You must not interfere with, damage or disrupt the Sites (or any software, network or equipment in connection with the Sites) in any way.
2.6 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.
2.7 We may change or update the Sites and any materials in or on the Sites without notice to you.
2.8 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.
2.9 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.
2.10 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).
3. 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.
3.6 Content and Services for Visitors: Visitors are welcome to access free Content on the Sites including, but not limited to some articles and videos.
3.7 Content and Services for Users
3.7.1 You may register as a User of the Sites.
3.7.2 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.
3.7.3 No fees are payable by Users for general use of the Sites unless a User registers as a Subscriber.
3.7.4 The rights of Users are the following:
3.8 Content and Services for Subscribers
3.8.1 You may subscribe to the subscription Services on the Sites.
3.8.2 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.
3.8.3 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.
3.8.4 Ausmed is not bound to accept your request to subscribe to the subscription Serv ices. 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.
3.8.5 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.
3.8.6 As a Subscriber, you are required to make payments in accordance with clause 4 of these Terms.
3.8.7 The rights of Subscribers are enforceable for the duration of subscription only. The rights of Subscribers are as follows:
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.
3.9 Content and Services – Employee Subscriber
3.9.1 If you are an Employee Subscriber, then you will be treated as a Subscriber and be entitled to access all paid Content and / or Services as set out under clause 3.8. While you are an Employee Subscriber you will not personally be required to pay any Fee for the subscription services or provide us with payment information.
3.9.2 You are not required to become an Employee Subscriber if the organisation or entity for whom you are an employee or contractor is or becomes a Corporate Subscriber – you may simply be a User or retain an individual Subscription.
3.9.3 You understand and agree that if you are an Employee Subscriber you will be linked to a Corporate Subscriber (your employer or the organisation or entity to whom you are a contractor). You acknowledge and agree that the Corporate Subscriber may access and view an Employee Subscriber's CPD Organiser and relevant personal details for the period during which the Employee Subscriber has been or is an employee of or contractor to the Corporate Subscriber. The Corporate Subscriber will be able to access reflections entered on the Sites by their Employee Subscribers (during the period of their employment with the Corporate Subscriber) on an aggregate (non-identified) basis. You acknowledge that the Corporate Subscriber can also allocate CPD related activities to you and track your progress regarding those activities.
3.9.4 You may at any time notify Ausmed that you are no longer employed by or contracted to a Corporate Subscriber and you will then be removed from the Corporate Subscribers' subscription. If you wish to retain access to the paid Content and / or Services, you will need to enter into an individual subscription with us, in accordance with clause 3.8 of these Terms.
3.9.5 If you have an existing annual subscription and you become an Employee Subscriber (ie. you become an employee of or contractor to a Corporate Subscriber, or your employer or organisation or entity to whom you are contracted becomes a Corporate Subscriber), and your annual subscription has greater than 90 days of the term remaining, then we will refund the proportion of your annual fee that you will not use. If you have less than 90 days of the term of your annual subscription remaining, you will not be entitled to a refund. If you are a monthly subscriber, then you can give us 30 days' notice of cancellation of your monthly subscription.
3.10 Online CPD Content
3.10.1 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).
3.10.2 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.
3.10.3 You must be a Subscriber to access any paid Online CPD Content available on the Sites.
3.10.4 The following conditions apply to the use of different Online CPD Content available on the Sites:
18.104.22.168 Video learning activities, online lectures and videos
22.214.171.124 Survey, opinion polls and research
126.96.36.199 Online CPD Organiser
3.10.5 Ausmed App
4. Payments for subscription Services
4.1 Subscription Packages
4.1.1 Other than in respect of Employee Subscribers, 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:
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
188.8.131.52 When you become a Subscriber (other than an Employee 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.
184.108.40.206 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.
220.127.116.11 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.
18.104.22.168 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.
22.214.171.124 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.
126.96.36.199 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
188.8.131.52 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.
184.108.40.206 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
220.127.116.11 If any Fee is unpaid, then without limitation the following actions may be taken by Ausmed :
4.2.4 No interest
18.104.22.168 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 (see clause 4.4.1).
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 (see clause 4.4.2).
4.4.1 Monthly Subscription: You can cancel your monthly subscription Package at any time by providing us with 30 days’ notice in writing. This must be done online via the settings panel of your account on the Ausmed Website.
4.4.2 Annual Subscription: Annual subscription Packages cannot be cancelled during the term. If you do not wish to renew your annual subscription Package, then you must cancel your renewal via the settings panel of your account on the Ausmed Website.
5. 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:
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.
6. Prohibited conduct
6.1 You must not:
7. Your content
7.1 If you choose to add any content on the Sites, you:
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.
8. Your privacy
9. 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.
10. 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:
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:
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.
12. 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:
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.
15. 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 February 2018.
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