Terms and Conditions
Last updated: 5 December 2016
Through password restricted areas of the Website, and the Mobile Applications and Services, we provide you with access to content related to continuing medical education which may include, without limitation:
- workshop registration;
- live streaming media (for example, webinars) and on-demand streaming media;
- audio and video courses;
- e-learning modules;
- downloadable materials;
- online community discussion forums; and
- blogs and other articles.
3. Additional Terms
We may, in our absolute discretion, impose additional terms on the use of all or part of the Website, Mobile Applications or Services (Additional Terms). Any Additional Terms will be published on the Website, and you agree that:
- you are subject to any Additional Terms posted by us that are applicable to your use of the Website, Mobile Applications or Services; and
4. No Reliance on Materials
The learning materials made available to you through the Website, Mobile Applications or Services are not medical advice and should not be relied upon for any reason. You should consult an appropriately qualified professional advisor to obtain specific advice which is tailored to your situation. In particular:
- the learning materials should not be used to treat or diagnose a medical condition and you should never ignore medical advice or delay seeking medical advice because of something you have seen or read in the learning materials; and
- if you are a health professional, you should rely on your own professional judgment, skill and care, and undertake your own enquiries in the context of the clinical circumstances for each patient.
5. Limited Licence
6. Intellectual Property Rights
You acknowledge that we are the owner or licensee of all present and future right, title and interest in the Website, Mobile Applications and Services (and all underlying software), including all forms of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information and circuit layouts (Intellectual Property Rights). You must not, in any way, challenge or impair our ownership of or right to, these Intellectual Property Rights.
You grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to use, modify or adapt, or authorise the use, modification or adaptation of and have used, modified or adapted on our behalf, any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit to us through the Website, Mobile Applications, or Services (collectively, User Content). The licence includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense User Content in any form, medium, or technology now known or hereafter developed.
By submitting User Content to us through the Website, Mobile Applications or Services, you acknowledge and agree that we may create our own ideas that may be, or may obtain submissions that may be, similar or identical to User Content you submit. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in the User Content you submit.
You may provide links to the Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the Website, including any advertisements, terms and conditions, copyright notices, or other notices displayed on the Website from time to time, and (b) you acknowledge and agree that we may deactivate any link(s) at our discretion.
7. Acceptable Use
You must comply with all applicable laws, rules and regulations while accessing or using the Website, Mobile Applications and Services. In addition, we expect users to respect the rights and dignity of others. You represent and warrant that your use of the Website, Mobile Application and Services complies with the rules set forth in this section.
You must not:
- post, publish, upload or transmit or otherwise make available, through or in connection with the Website, Mobile Applications or Services:
- any User Content which is unlawful or abusive in any way, including, but not limited to, any User Content that is defamatory, libellous, pornographic, obscene, threatening, invasive of confidentiality, privacy or publicity rights, inclusive of hate speech, or which would constitute or encourage a criminal offence, infringe the rights of any party, or give rise to liability or violation of any applicable law;
- anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense;
- any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; or
- any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” or other form of solicitation; or
- use the Website, Mobile Applications or Services:
- to defame, abuse, harass, stalk, threaten or promote violence or other actions which are threatening toward any other person or entity, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity;
- to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or opinions; or
- for any other fraudulent or unlawful purpose; or
- interfere with or disrupt the operation of the Website, Mobile Applications or Services or use the Website, Mobile Applications or Services in any way or take any action that causes, or may cause, damage to the Website, Mobile Applications or Services or impairment of the performance, availability or accessibility of the Website, Mobile Applications or Services;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website, Mobile Applications or Services without Medcast’s express prior written consent;
- access or otherwise interact with the Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Website, Mobile Applications or Services (or any underlying software) or any access to or use of the Website, Mobile Applications or Services;
- modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Website, Mobile Applications or Services (or any underlying software);
- infringe, challenge or impair a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or remove any copyright, trademark or other proprietary rights notice from the Website, Mobile Applications or Services or any materials available through the Website, Mobile Applications or Services;
- frame or mirror any part of the Website, Mobile Applications or Services without Medcast’s express prior written consent; or
- systematically download or store content from the Website, Mobile Applications or Services, without Medcast’s express prior written consent.
8. Disclaimer and Exclusion
We make no warranty that the Website, Mobile Applications or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Website, Mobile Applications or Services and exclude all other guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, which might otherwise be implied into these conditions concerning the activities covered by these conditions.
You may need to register and create an account in order to use all or part of the Website, Mobile Applications or Services. You represent and warrant that all information submitted to Medcast in connection with such registration is complete and accurate. It is your responsibility to inform us of any changes to that information. We may reject, or require that you change, for any reason, any user name, password or other information that you provide to us in registering.
Your user name and password are for your personal, non-commercial use only, and should be kept confidential. We do not permit (a) anyone other than you to use the sections requiring registration by using your name or password; or (b) access through a single name or user account being made available to multiple users on a network or otherwise. You (and not Medcast) are responsible for any use or misuse of your user name or password (including the payment of all fees authorised in connection with your account), and you must promptly notify us if you believe there has been any confidentiality breach or unauthorised use of your user name or password, or your user account.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You acknowledge and agree that, even though you may access third party sites or services through links appearing on our Website, Mobile Applications or Services, those sites and services are subject to the privacy practices of their owners. You should carefully review the privacy policies of those organisations before providing them with any personal information.
11. Modification and Updates
We reserve the right, in our absolute discretion and with or without notice to you, to:
- modify, suspend or discontinue the Website, Mobile Applications or Services, or any feature, functionality or content associated with the Website, Mobile Applications or Services; or
- charge, or amend, fees in connection with the use of any feature, functionality or content associated with the Website, Mobile Applications or Services.
You agree that we shall not be liable to you or to any third party for any of the acts set out above. Your continued use of the Website, Mobile Applications or Services after such changes have occurred will indicate your acceptance of, and consent to, those changes.
The Mobile Applications and Services may automatically download and install updates from time to time from Medcast or its licensors, or you may be prompted to download and install such updates. These updates are designed to improve, enhance and further develop the Mobile Applications and Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive or download (as applicable) such updates, and permit Medcast to deliver them to you, as part of your use of the Mobile Applications and Services.
12. Access to Website, Mobile Applications and Services
The quality of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded and the speed of your Internet connection. We make no representation or warranty regarding access to content available through the Website, Mobile Applications or in connection with Services, including the quality of streaming content and the download speed of downloadable content.
- if the agreement between Medcast and the Medcast Customer which governs your access to the Mobile Applications, Services and User Content is terminated for any reason.
14. Limitation of Liability
Where a Non-Excludable Guarantee exists, and we are able to limit your remedy against us for a breach of the Non-Excludable Guarantee, then our liability for breach of the Non-Excludable Guarantee is limited, at our election, to:
- in the case of goods: replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the cost of having the goods repaired; and
- in the case of services: to either resupplying the services or payment of the cost of having the services supplied again.
Subject to any Non-Excludable Guarantees, we shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the Website, Mobile Applications, Services or User Content, or any third-party communications, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, breach of warranty or guarantee, under an indemnity or otherwise and whether or not that loss was foreseeable, even if we have been advised of the possibility of such loss.
In the event of a dispute between you and us in connection with your use of the Website, Mobile Applications, or Services (Dispute), you agree that the Dispute will be subject to the terms and conditions in effect at the time the Dispute arose.
17. Governing Law
The Website, Mobile Applications and the Services are controlled and operated by Medcast from Australia, and are not intended to subject Medcast to the laws or jurisdiction of any state, country or territory other than those of New South Wales, Australia.
In choosing to access the Website, Mobile Applications or Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations which apply in your place of access. We may limit the availability of the Website, Mobile Applications or the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time.
The information on the Website, Mobile Applications and Services is provided primarily for Australian residents and reflects Australian conditions and laws, and may not be applicable to other countries.
18. Cancellation Policy
Please click here to view our cancellation policy.