The ModMed website (ModMed Website) is comprised of various web pages accessible at the domain names www.modmed.com.au, training.modmed.com.au, learn.modmed.com.au and kfpcoach.ryver.com. The ModMed Website is owned and operated by ModMed Limited (ACN 160 964 812) (ModMed, we, us or our).
any other terms, conditions, notices or disclaimers displayed on the ModMed Website,
(together, the Website Terms).
By accessing and using the ModMed Website or by purchasing access to any programme or course content available through the ModMed Website (Course Content), you are deemed to accept the Website Terms and agree to be bound by them. If you do not accept the Website Terms, you must immediately stop using the ModMed Website and must not purchase access to any Course content.
2. Amendments to the Website Terms
We may amend the Website Terms from time to time. Amendments will be effective immediately upon the publication of an updated version of the Website Terms on the ModMed Website.
By continuing to use the ModMed Website, you will be deemed to accept the amended Website Terms and agree to be bound by them, except that the terms of your access to any Course Content purchased before the Website Terms were amended will remain subject to the Website Terms that applied at the time of your purchase.
We may require you to register with us and establish an account, in order to access some parts of the ModMed Website, including any Course Content.
If you register with us: (i) you must provide accurate and complete information when creating or updating your account; and (ii) you must keep your account login details secure and confidential. You are responsible for any access to the ModMed Website which results from the use of your account login details, even if the access is by another person.
4. Access to Course Content
Your access to any Course Content is subject to you registering and establishing an account with us and paying us the fee for that Course Content as detailed on the ModMed Website (Course Fee). The ModMed Website will nominate a period of time that you will be able to access the relevant Course Content in return for payment of the Course Fee (Access Term). On our receipt of the Course Fee, you will be given access to the relevant Course Content for the Access Term.
The Course Fee is payable in advance and is non-refundable, subject to your rights in respect of any Non Excludable Guarantee as that term is described in section 16 below.
Your continued access to the Course Content is subject to your ongoing compliance with the Website Terms.
5. Your commitment to us
must notify us immediately of any unauthorised use of your account or any other breach of security;
must not use another user's account without our prior written consent;
must not post or transmit to or via the ModMed Website any information or material or otherwise use the ModMed website for any activity which: (i) breaches applicable laws or regulations; (ii) infringes a third party’s rights or privacy; or (iii) is contrary to any relevant standards or codes, including generally accepted community standards;
must not transmit to or via the ModMed Website any malicious computer code (including virus, worms and Trojan horses) or any other means of cyber-interference;
must not use the ModMed website in a way which: (i) tampers with, hinders the operation of or makes unauthorised modifications to the ModMed Website or any Course Content; (ii) inhibits any other user from using the ModMed Website or any Course Content; (iii) defames, harasses, threatens, menaces or offends any person; or (iv) contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
You must also not permit or enable any person to do any of those things.
6. Personal use
Unless we agree otherwise in writing, you are provided with access to the ModMed Website only for your personal use. You are authorised to print a copy of any information contained on the ModMed Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you must not without our prior written consent share, sell or otherwise deal with any information obtained from the ModMed Website.
7. Your content
If you submit, post, transmit or otherwise make any material available via the ModMed Website (Your Content):
you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public Your Content for the reasonable purposes of our business, and the right to sub-license those rights to others. You also consent to any act or omission by us that would otherwise infringe any of your rights (including your moral rights) in Your Content;
you warrant: (i) that you have the right to grant the above licence; (ii) that our exercise of the licence rights above will not infringe the intellectual property rights of any person; and (iii) that Your Content is not defamatory and does not breach any law; and
we may monitor or review Your Content, but we are not obliged to do so. We may also alter or remove any of Your Content at any time, including to ensure the operational integrity of the ModMed Website.
To the maximum extent permitted by law, we do not represent or warrant that the content on the ModMed Website is accurate, reliable, suitable, or complete.
all materials and information (ModMed Information) that we make available to you via the ModMed Website, including any Course Content, must only be used for training and education purposes, and must not be used or relied upon to provide any clinical services (including the diagnosis or treatment of a medical condition);
the ModMed Website and ModMed Information are provided to you on an "as is" basis;
the ModMed information is subject to change at any time without notice. However, we are not obliged to update the ModMed Information or correct any inaccuracy of which we become aware within any timeframe; and
although we use reasonable care and skill in providing the ModMed Website, we do not promise that the use of the ModMed Website will be continuously available, as intended, or virus or fault free.
9. Specific warnings
You must take your own precautions to ensure that the process which you employ for accessing and using the ModMed Website does not expose you to malicious computer codes (including virus, worms and Trojan horses) or other means of cyber-interference which may damage your computer system. For clarity, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the ModMed Website or any Linked Website (as defined in section 12 below).
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the
ModMed Website; or
commercialise any information, products or services obtained from any part of the ModMed Website
without our prior written consent.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.
If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
in or as the whole or part of your own trademarks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive; or
in a manner that disparages us or our information, products or services (including the ModMed Website or any course content).
12. Links in the ModMed Website
The ModMed Website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the use, content (including information, products and services) or privacy practices of Linked Websites.
Our links with Linked Websites are not an endorsement, approval or recommendation (whether express or implied) by us of:
the owners or operators of those Linked Websites; or
any information, graphics, materials, products or services referred to, or contained on, those Linked Websites,
unless (and then only to the extent) expressly stipulated otherwise by us.
13. Links to the ModMed Website
You may create a link to certain pages of the ModMed Website. However, you must not:
display any page of the ModMed Websites in any distorted or altered form;
create a link to the ModMed Websites on any site, unless that site: (i) conforms to accepted standards of public decency and good taste; (ii) does not expose us to any risk of liability under any criminal or civil law (including liability arising from the infringement of a third party's rights); and (iii) does not disparage us or our goods or services; or
create any link or use any link in any way to represent or imply falsely, deceptively or confusingly that: (i) we sponsor, endorse or are affiliated with or related to any third party (including you) or product; or (ii) you are providing, or are the source of, any goods or services provided by us.
15. Suspension or termination
We may suspend or terminate your access to all or any part of the ModMed Website, including any Course Content, at any time, if, in our reasonable opinion, you are in breach of the Website Terms.
16. Suspension or termination
To the maximum extent permitted by law:
we are not liable to you for losses (whether direct, indirect or consequential), damages, liabilities, charges, expenses, outgoings or costs (including all legal and other professional costs on a full indemnity basis) of any nature or kind which are incurred by you in connection with: (i) the ModMed information; (ii) the ModMed Website; (iii) Course Content; (iv) Linked Websites; (v) the supply of any product or service from the ModMed Website; or (vi) your access to any part of the ModMed Website, including any Course Content, whether in contract, tort (including negligence), statute or otherwise;
You indemnify us against all:
claims, actions, proceedings or investigations of any nature or kind (including the allegation or threat of a claim); and
losses (whether direct, indirect or consequential), damages, liabilities, charges, expenses, outgoings or costs (including all legal and other professional costs on a full indemnity basis) of any nature or kind,
suffered or incurred by us that are caused by or arise from: (i) your use of the ModMed Information; (ii) your use of the ModMed Website; (iii) the provision of Your Content; or (iv) your breach of any provision of the Website Terms.
18. Governing law
The Website Terms are governed by the laws in force in the State of South Australia, Australia. In respect of all matters connected to the Website Terms, you irrevocably submit to the exclusive jurisdiction of the Courts of that jurisdiction.
Unless otherwise stated, in the Website Terms:
headings are for reference purposes only and do not affect the interpretation of these Website Terms;
a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
the singular includes the plural, and vice versa; and
"includes", "including", "for example", "such as" and similar terms are not words of limitation.