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1. Website Terms

The ModMed Institute Website is owned and operated by ModMed Institute Limited (ACN 160 964 812) (ModMed, we, us or our).

Your use of the ModMed Institute Website is subject to:

  • these Terms of Use;
  • our Privacy Policy which can be viewed here and
  • any other terms, conditions, notices or disclaimers displayed on the ModMed Institute Website,

(together, the Website Terms).

By accessing and using the ModMed Institute Website or by purchasing access to any programme or course content available through the ModMed Institute 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 Institute 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 Institute Website.

By continuing to use the ModMed Institute 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.

3. Registration

We may require you to register with us and establish an account, in order to access some parts of the ModMed Institute 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 Institute 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 Institute Website (Course Fee). The ModMed Institute 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, 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

You:

  • 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 Institute Website any information or material or otherwise use the ModMed Institute 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 Institute Website any malicious computer code (including virus, worms and Trojan horses) or any other means of cyber-interference;
  • must not use the ModMed Institute Website in a way which: (i) tampers with, hinders the operation of or makes unauthorised modifications to the ModMed Institute Website or any Course Content; (ii) inhibits any other user from using the ModMed Institute 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 Institute Website only for your personal use. You are authorised to print a copy of any information contained on the ModMed Institute 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 Institute Website.

7. Your content

If you submit, post, transmit or otherwise make any material available via the ModMed Institute 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 Institute Website.

8. Disclaimers

To the maximum extent permitted by law, we do not represent or warrant that the content on the ModMed Institute Website is accurate, reliable, suitable, or complete.

In particular:

  • all materials and information (ModMed Institute Information) that we make available to you via the ModMed Institute 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 Institute Website and ModMed Institute Information are provided to you on an “as is” basis;
  • the ModMed Institute information is subject to change at any time without notice. However, we are not obliged to update the ModMed Institute 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 Institute Website, we do not promise that the use of the ModMed Institute 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 Institute 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 Institute Website or any Linked Website (as defined in section 12 below).

10. Copyright

Copyright in the ModMed Institute Website (including the Course Content and any text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms of Use (including section 14 below), you must not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the
  • ModMed Institute Website; or
  • commercialise any information, products or services obtained from any part of the ModMed Institute Website

without our prior written consent.

11. Trademarks

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 Institute Website or any course content).

12. Links in the ModMed Institute Website

The ModMed Institute 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 Institute Website

You may create a link to certain pages of the ModMed Institute Website. However, you must not:

  • display any page of the ModMed Institute Websites in any distorted or altered form;
  • create a link to the ModMed Institute 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.

We may withdraw linking permission at any time, by giving notice to you or by amending these Terms of Use.

14. Privacy Policy

We undertake to comply with the terms of our Privacy Policy (as amended from time to time) which can be viewed here.

15. Suspension or termination

We may suspend or terminate your access to all or any part of the ModMed Institute Website, including any Course Content, at any time, if, in our reasonable opinion, you are in breach of the Website Terms.

If your access to all or any part of the ModMed Institute Website is suspended or terminated, all restrictions on you and all disclaimers, exclusions and limitations of liability set out in these Terms of Use will survive such suspension or termination.

16. Exclusion and indemnity

To the maximum extent permitted by law:

  • all representations, warranties, conditions, guarantees, indemnities or undertakings that would be implied in, or affect, these Terms of Use by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage are excluded; and
  • 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 Institute information; (ii) the ModMed Institute Website; (iii) Course Content; (iv) Linked Websites; (v) the supply of any product or service from the ModMed Institute Website; or (vi) your access to any part of the ModMed Institute Website, including any Course Content, whether in contract, tort (including negligence), statute or otherwise;

Despite the foregoing, nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee). To the maximum extent permitted by law, our liability for breach of a Non-Excludable Guarantee is limited, at our option, to: (a) in the case of goods, any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or (b) in the case of services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

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 Institute Information; (ii) your use of the ModMed Institute Website; (iii) the provision of Your Content; or (iv) your breach of any provision of the Website Terms.

The ModMed Institute Cancellation and Refund Policy can be viewed here.

17. Inconsistencies

If there is any inconsistency between these Terms of Use and any other terms, conditions, notices or disclaimers displayed on individual pages of the ModMed Institute Website (Other Terms), the Other Terms prevail over the Terms of Use to the extent of the inconsistency.

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.

19. Miscellaneous

We accept no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any part of these Terms of Use is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions continue to apply in full force and effect.

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.

Last Updated: 6 March 2020