1. Definitions and Interpretation
In this document:
(a) “Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork and computer code which constitute or are contained in or on the Site including but not limited to the images, design, structure, selection, coordination, expression, “look and feel” and arrangement;
(b) “Intellectual Property” means any trade marks, patents, designs, copyright, moral rights, know-how, confidential information, whether registered or unregistered;
(c) “Intellectual Property Rights” means any rights associated with the Intellectual Property;
(d) “Owner” means Australian Paediatric Society;
(e) “School” means the school that allows or requires its employees to undertake the Leaning Program.
(f) “Site” means the website located at t1d.org.au;
(h) “Learning Material” means any material and content provided for the purpose of providing and conveying information in order to conduct the Learning Program;
(i) “Learning Program” means the educational modules provided by the Owner through the Site;
(j) “You” means the person who accesses this site as employee of the School for the purpose of undertaking the Learning Program as required by the School.
(b) The Site is the property of the Owner.
3. Content of Site
(a) The Learning Material provided by the Owner are for educational, information and communication purposes only and do not, and are not intended to replace or constitute medical advice, treatment or diagnosis.
(b) The Owner intends that all Learning Material contained on the Site is accurate and up to date. However the Learning Material is subject to change from time to time as knowledge in relation to medicine including but not limited to medical advices, training, drugs, diagnosis, administration of drugs, and procedures advances and is developed.
(c) Australian Paediatric Society provides no warranty whether express or implied, that the Learning Material, or any other information provided through the Learning Program is accurate, fit for any particular purpose, appropriate or up to date.
4. Ownership of Content
You acknowledge and agree that, subject to Clause 11, all Content is owned and controlled by and/or licensed to the Owner and not owned and controlled by and/or licenced to You.
5. Use of Site
(b) to not use any automatic device, program or methodology or similar or equivalent manual process to assess, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, Learning Material, Learning Program or any Content, to obtain or attempt to obtain any materials, documents or information available through the Site;
(c) to not use any device, software or routine to interfere or attempt to interfere with the proper working or security settings of the Site or Content or any other person’s use of the Site or Content; and
6. School’s Obligations
In allowing You to undertake the Learning Program, the School must determine that the Learning Program and/or Learning Material including any subsequent performance or execution of the activities described in the Learning Program and/or Learning Material forms part of Your authorised roles and responsibilities as employee of the School.
7. The Owner’s Obligations
(a) The Owner’s obligations, if any, with regard to provisions of the services of the Learning Program are governed solely by agreements pursuant to which they are provided, and nothing on the Site should be construed to alter these agreements.
(b) The Owner may change any of the Learning Programs offered on the Site or the applicable prices for any such Services at any time, without notice.
8. Intellectual Property
You acknowledge and agree that the Owner is the owner of Intellectual Property in the Content and/or Learning Program and/or Learning Material in or on the Site.
(a) You agree and acknowledge that all copyright in the Content, Learning Program, Learning Material and in the Site is owned by the Owner.
(b) The Owner grants You a worldwide non-exclusive royalty free licence to:
(i) view the Site and the Content on the Site on a computer or other electronic device via the web browser;
(ii) copy and store this Site and the Content in Your web browser cache memory; and
(iii) print no more than two (2) copies of the Content for Your own personal and non-commercial use.
(a) The Owner takes the protection of its Intellectual Property and all its Intellectual Property Rights seriously.
11. Links to Other Sites
You acknowledge that this Site may contain links to other independent third-party websites (“the Linked Sites”). The Linked Sites are provided solely as a convenience to users. The Linked Sites are not under the Owner’s control, and the Owner is not responsible for, and does not endorse the content of the Linked Sites. You will need to exercise Your own independent judgement regarding Your interaction with the Linked Sites.
(a) that the Owner does not promise that the Site or any Content will be error-free or uninterrupted, or that any defects will be corrected, or that Your use of the Site will provide specific results;
(b) the Site and its Content are delivered on an “as is” and “as available” basis. All Content is subject to change without notice;
(c) the Owner cannot ensure that any file or other data from the Site will be free of viruses or contamination or destructive features;
(d) to the maximum extent permitted by law, the Owner excludes all representations, warranties and conditions relating to this Site and Content and the use of this Site and Content including, without limitation, any warranties implied by law of a satisfactory quality, fitness for purpose and for the use of reasonable care and skill;
(e) the Owner, its agents and employees do not have any liability in respect of the authenticity, origin, validity, completeness, reasonableness or accuracy of, or for any errors in, or omissions from, the Site or its Content;
(f) the Content should not be construed as a recommendation to participate in any transaction or engage in any conduct. You should conduct Your own independent judgement in relation to such matters and not rely on the Content;
(g) the Owner will not be liable to you in respect of any loss or corruption of any data, database or software;
(h) the Owner does not authorise, mandate or permit the users of the Site to engage in unlawful conduct in respect of the Site and its Content and disclaims any liability in respect of any unlawful conduct engaged in by the users of its Site and Content;
13. Undertaking and Indemnity in Respect to Legal Actions
(a) You agree not to take any legal action, including but not limited to, breach of contract, defamation and negligence, against the Owner, its agents or employees, in respect of any matter relating to the Site or the Content.
(b) In no circumstances shall the Owner be liable for:
(i) any loss whether direct or indirect; and/or
(ii) indirect, special, consequential, incidental or consequential damages,
arising out of any use of the Site, reliance of the Learning Material and Learning Program or any of the Content of the Site.
(c) If You take legal action against the Owner, its agents or employees, whether such action is brought under general law, statute or in equity, You agree to indemnify the Owner, its agents and employees:
(i) from and against all actions, claims, demands, losses, damages, proceedings, compensation, costs, charges and expenses (including solicitor fees) incurred by or made against them; and
(ii) for any loss they suffer and the Owner suffers as a result of You taking legal action against them, including but not limited to losses which are direct or indirect, economic or non-economic.
You agree to indemnify and hold the Owner, its agents and employees harmless from and against any actions, claims, demands, losses, damages, proceedings, compensation, costs, charges and expenses (including solicitor fees) incurred by or made against them (including by a third party) due to or arising out of or in connection with Your use of the Site or Content.
16. Entire Agreement
18. Law and Jurisdiction
19. Feedback and Information
You acknowledge that any feedback You provide at the Site is deemed to be non-confidential. The Owner, its agents and employees are free to use this information on an unrestricted basis.