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These are the Terms on which The Royal Australian College of General Practitioners (RACGP) permits You (the individual whose name and details are specified in the Registration Form) to access and use the on-line e-learning facilities (Services) provided via the gplearning website (Website). If You do not agree to these Terms, You may not use or access the Website.
References to these Terms include all terms set out in this document and in the Registration Form, and include any amendments made from time to time as described in clause 3.3.
1. Use of the Website and Fees
1.1 The Website is operated by RACGP. To use and access the Website and the Services, You must have paid the fees (Fees) for those Services, as published by RACGP from time to time (Subscription User) or be currently entitled to use and access the Website and those Services designated as part of your membership of The Royal Australian College of General Practitioners (RACGP User).
1.2 Unless expressly stated by RACGP, fees quoted do not include any sales, goods and services, valued added, customs or any other applicable Government taxes or duty, the cost of which will be borne by You.
1.3 You are permitted to access and use the Website for the sole purpose of facilitating Your access to the Services selected on Your Registration Form.
2. Passwords
2.1 You may only access the Website by entering the password issued to You by RACGP (Password). You agree that You will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who accesses or uses the Website using the Password, as if they were Your own acts and omissions. RACGP will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and You will indemnify RACGP against all loss, damage, claims, costs or demands in this regard.
2.2 You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify RACGP of any Password which is lost, inoperable or used in an unauthorised manner.
3. Term and Renewal
3.1 These Terms are effective from the date on which RACGP confirms receipt of Your correctly completed Registration Form and the Fees, and will continue for an initial term of 12 months.
3.2 Prior to the expiry of the initial term or any subsequent term, You may request a renewal of Your subscription to the Services for a further period of 12 months, by completing a new Registration Form and providing it to RACGP, and paying the applicable Fees. If accepted, renewals will be confirmed by RACGP in writing.
3.3 RACGP may notify You of changes to the Services, the Fees or these Terms by displaying any amended conditions on the Website. The most recently published conditions will apply when You renew Your subscription to the Website. It is Your responsibility prior to any renewal to read the published conditions, which may modify or replace these Terms, and determine whether You wish to renew Your subscription.
3.4 The Services and Your licence to use the Website will terminate if RACGP decides in its absolute discretion not to accept any renewal under clause 3.2.
4. Cancellations and Refunds
4.1 You may upgrade or increase your Services at any time by payment of the relevant Fees. If You are a Subscription User, You will be entitled to the upgraded or increased Services for the period commencing on the date RACGP receives and processes the Fees and ending on the anniversary of that payment date. If You are an RACGP User You will be entitled to the upgraded or increased Services for the period commencing on the date RACGP receives and processes the Fees and ending on 30 June following the payment date.
4.2 You may cancel Your subscription within 3 days of subscribing to the Website provided that You have not enrolled in any activities. After this, no refund will be given.
4.3 Cancellations must be made in writing (via email to contactus@gplearning.com.au). To initiate a refund please contact us. Please allow at least 14 days for Your refund to be processed after it has been approved.
5. Termination
5.1 RACGP may terminate the Services and Your licence to use the Website at any time immediately by notice in writing if You become insolvent, You have a trustee in bankruptcy, a receiver, liquidator or similar person appointed, You enter any arrangement with Your creditors, or if You breach any of these Terms.
5.2 RACGP will not be obliged to refund any amounts paid by You in respect of the Services, the Website or these Terms if the Services or Your licence to use the Website is terminated under this clause 5.
6. Jurisdiction
6.1 These Terms are governed by and must be construed in accordance with the laws of the State of Victoria. The parties submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
6.2 RACGP does not warrant or represent that the Website or the Services are appropriate for use outside Australia, where such use may be illegal, or may infringe any person's rights.
7. Disclaimer
7.1 The Website, the Services and the information and other material contained in the Website, whether visual, written, or audible (Content) are subject to change at any time without notice. The Website and the Services are provided for health care education and training purposes only. Under no circumstances is RACGP, its sponsor, partners or any of their employees or agents to be taken to be giving medical advice. Anything that appears on this website that is, or could be construed, as being advice is presented as part of clinical analysis and discussion in an educational forum. No one, including a patient, is permitted to rely upon any advisory content for the purposes of patient treatment. Any medical practitioner contributing material must firstly obtain the patient’s consent to the review of his/her case solely for educational purposes and not for any purposes related to treatment. You indemnify and save harmless the RACGP from and against any claim or loss and damage (including costs) arising from Your failure to obtain patient consent to use of materials relating to symptoms or treatment of any medical condition outlined in any case study submitted for inclusion in the educational program. You similarly indemnify the RACGP from any claim of any nature whatsoever, and any loss and damage (including costs), arising from the treatment of a patient arising from the unauthorised reliance upon any educational material included in the Website. Neither RACGP, its sponsor and advertisers reviews or evaluates such advice or information and your reliance upon it is entirely at your own risk.
7.2 Although reasonable efforts are made by RACGP to ensure the integrity of the Website by using virus-checking software, RACGP cannot guarantee the safety of computer systems of site users. RACGP does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website. You acknowledge that you enter and use the Website at Your own risk.
7.3 RACGP does not warrant or represent that the Website will be free of defects in operation or design.
8. Intellectual Property and Permitted Use
8.1 Intellectual property in the Website, the Content, the Services and all components of them is owned by or licensed to RACGP unless otherwise indicated.
8.2 All copying, downloading, reproduction, distribution, adaptation, modification or communication of the Website or any Content is prohibited except with the express written permission of RACGP. Except to the extent that this right cannot legally be excluded, you must not disassemble, decompile or reverse engineer any part of the Website.
8.3 The Website contains trademarks, which may be registered or otherwise protected by law. These include RACGP name and logo and the logos of various RACGP products, and the trade marks of third parties. The Customer is not permitted to use these trademarks.
8.4 You acknowledge that a breach of these Terms may infringe not only the rights of RACGP, but also the rights of third parties whose intellectual property is licensed to RACGP. Without limiting any other provision of these Terms, You agree to fully indemnify RACGP in respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of Your breach of these Terms.
9. Forums and Content Submissions
9.1 The Website may contain discussion groups, forums, bulletin boards, chat rooms and other facilities for exchange of information with other users of the Website (Forums). In using, and contributing material to, Forums, You must comply with these Terms and all policies, guidelines and directions published by RACGP from time to time.
9.2 RACGP is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, and excludes all liability for any reliance or decisions made based on such information. You agree to exercise appropriate clinical judgement in obtaining or using information from the Website, including ascertaining the currency of information.
9.3 RACGP does not and cannot review all communications and materials posted to or created by users accessing the Website and exclude all liability in respect of the content of these communications and materials. If You have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, RACGP's sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.
9.4 Some material, Forums or other facilities are provided and administered by a training service provider, and not by RACGP (Non-RACGP Material). Non-RACGP Material is identified on the Website as being provided or managed by a specified entity other than RACGP. RACGP does not review or moderate Non-RACGP Material, and is not responsible for the accuracy, completeness, suitability or appropriateness of Non-RACGP Material. The presence of Non-RACGP Material on the Website does not constitute an endorsement by RACGP of that material or its provider.
10. Submitted Material
10.1 By uploading material to any Forum or otherwise submitting any material through the Website (Submitted Material), You automatically grant (or warrant that the owner of such materials expressly grants) RACGP a worldwide, perpetual, royalty-free, irrevocable, transferable and sub licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, You agree that Submitted Material may be used by RACGP for purposes including (without limitation) marketing, research and development of goods and services. This licence does not apply to any credit card numbers or bank account details provided by You or to other personally identifiable information RACGP may collect from You under the guidelines established in its privacy policy.
10.2 To the extent that You have any moral rights in any Submitted Material, You hereby irrevocably and unconditionally consent, for the benefit of RACGP, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of You as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
10.3 Without limiting the disclaimers set out in clause 9, RACGP reserves the right to block or remove communications or materials that it considers are or may be:
- abusive, defamatory, or obscene;
- fraudulent, deceptive, or misleading;
- in violation of a copyright, trademark or; other intellectual property right of another;
- in violation of any law or regulation; or
- offensive or otherwise unacceptable to RACGP in its sole discretion.
10.4 Where “RACGP acceptance” of the image(s) is referred to in this notice, it means the RACGP’s publication of the submitted image(s). The following conditions apply to the RACGP’s acceptance of the images for publication or reproduction:
You agree that upon acceptance by RACGP of the image(s) submitted that:
- The image(s) submitted for reproduction has/have been created by you or, alternatively, you have the written consent of the person who has created the image for the purposes of use or reproduction on gplearning discussion boards and the other purposes referred to in paragraph 5 below;
- Any reproduction or other use of the image(s) will not involve infringement of the rights of the patient depicted in the image(s) or infringement of the copyright or other rights of third parties in relation to the image(s);
- Any patient identifying features have been removed or obscured from view;
- The patient’s written consent has been obtained by the copyright owner prior to the image(s) being taken and, further, the Patient has given written consent to the use of the image(s) on gplearning discussion boards, subject to the obliteration or removal of features identifying the patient (if any);
- Upon acceptance of the image(s) submitted, you agree to grant to the RACGP an irrevocable, world wide, non-exclusive, royalty free and licence fee free, licence to use the copyright subsisting in such image(s) in any RACGP programs and products and you agree to sign all documents and do all things that the RACGP deems necessary or desirable to give effect to such licence.
- You warrant that you are entitled to and consent to waiver of any moral rights subsisting in the image(s).
11. Prohibited Uses
In using the Website in general and in particular any Forum, You must not:
- engage in marketing or commercial promotion of products or services;
- impersonate or falsely claim to represent a person or organisation;
- post an off-topic comment in any Forum;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person; or
- post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
12. Privacy
12.1 Personal information provided to RACGP via the Website will be handled in accordance with RACGP's privacy policy, a copy of which may be viewed on the Website.
12.2 In some instances, You may be asked to provide personal information via the Website to entities other than RACGP. RACGP is not in any way responsible for the information handling practices and privacy policies of those entities, which are distinct from those of RACGP.
13. Links from the Website
13.1 You are not permitted to link to or frame the Website without RACGP's express written permission.
13.2 The Website may contain links to other websites that are owned and operated by third parties. However, even if the third party is affiliated with RACGP, RACGP has no control over these linked sites, all of which have separate terms of use and privacy and data collection practices, independent of RACGP. RACGP has no responsibility or liability for these terms or practices or the content of such websites, and makes no representation or warranties about the products or services they may provide. If You choose to access these linked sites, You do so at Your own risk. Links do not imply that RACGP sponsors, endorses, or is affiliated with or associated with such websites.
14. Liability
14.1 The liability of RACGP and its related bodies corporate for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the use of the Website, or the Services will be limited for an aggregate of all claims to an amount equal to 20% of the fees for the Services paid by You to RACGP in the 12 months prior to the then current claim arising.
14.2 RACGP and its related bodies corporate will not in any case be liable for any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data or, without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed, arising out of or in connection with these Terms, the Website, or the Services.
14.3 Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on You by the Trade Practices Act 1974 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of RACGP for a breach of such non excludable condition or warranty is limited, at RACGP's option, to:
- in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
15. Indemnity
You will fully indemnify RACGP in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms by You;
- Your use of the Website; or
- without limiting the foregoing, any claim that Your use of the Website or any Submitted Material communicated by You infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).
16. General
16.1 Each party will promptly execute all documents and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms.
16.2 The failure of either party to insist upon a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.
16.3 Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. You are not permitted to assign any of Your rights, benefits or obligations under these Terms.
16.4 This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and supersedes all prior communications and agreements between the parties as to its subject matter. Each party agrees that unless expressly stated in these Terms, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms.
16.5 Headings have been included in these Terms for convenience only and must not be considered part of, or be used in interpreting, these Terms.
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