Terms and Conditions

TERMS AND CONDITIONS

1                     Acceptance

By using any part of the website located at www.cpd.apodc.com.au (“Website”), you agree to be bound by these Terms and Conditions of Use (“TOU”).  This applies irrespective of whether you have subscribed to access the Website, or if you are simply browsing the Website.

2                     Terms of use

The TOU sets forth the terms and conditions for your use of and subscription to the Website and for your purchase of subscription to the subscriber-only areas of the Website.  The Website is created, operated and maintained by or on behalf of the Australasian Podiatry Council (“Council”, “We”, “Our” or “Us”).

3                     Subscription

3.1                Many parts, functions, and activities of the Website (“Subscriber Sections”) will only be accessible if you subscribe.  You may choose to subscribe to the Subscriber Sections by completing the “Subscription” registration process.  You must provide to Us the information requested by the subscription process and you must nominate a unique user name (“User ID”) and a password (“User Password”). 

3.2                You may not access any of the Subscriber Sections if you are not a subscriber.  You may nominate which type of subscription you wish to hold from the options outlined on the Subscription page and you authorise us to bill your nominated credit card, or withdraw funds via electronic transfer in accordance with the subscription type chosen.

3.3                If you opt for a fixed term subscription and are required to pay the monthly subscription fee in advance for each month of the fixed term, you authorise us to automatically bill your nominated credit card, or withdraw funds via electronic transfer, monthly in advance for the duration of your nominated subscription period, commencing on the date you register for a subscription.

3.4                If you opt for an annual subscription, you must pay the total subscription fee for the year upon registration.

3.5                We are not responsible for any bank fees charged to you by your financial institution (including any fees levied in the event of a declined payment or fees for foreign currency exchange).

3.6                The subscription fee will be as published on the Website.  We reserve the right to vary the subscription fee, or provide special promotional offers for subscriptions (“Promotions”) at our absolute and unfettered discretion.  Any variation to the subscription fee will be published on the Website.

3.7                Variations to the subscription fee and Promotions will not affect any existing Subscriptions prior to expiry.

3.8                If you wish to renew a Subscription, the subscription fee published on the Website at the time of renewal will apply. 

3.9                The subscription fee is payable by Visa or Mastercard or by using PayPal.  If paying by PayPal, you must ensure that you have a PayPal account before registering to become a member.  The subscription fee for Australian subscribers is inclusive of Goods and Services Tax.

3.10             All payments are non-refundable.

4                     Renewals and Cancellations

4.1                Your subscription will expire at the end of the nominated subscription period which you purchased.

4.2                You may renew your subscription at any point prior to its expiry, for the subscription fee published on the Website on the date of your renewal.

4.3                If you do not renew your subscription before expiration and your subscription expires, you will need to register for a subscription again if you wish to access the Subscriber Sections.

4.4                We may (but assume no liability to) send you a reminder via an email to the email address you provide to Us that your subscription is due to lapse.

4.5                You are not entitled to terminate your subscription before the end of the subscription period for which you have subscribed.

4.6                Without limiting the foregoing, you are not entitled to a refund of any subscription fees properly billed to your account.

5                     Personal information and privacy

The Council has strict customer information confidentiality policies as set forth in its online Privacy Policy, which is fully incorporated herein by reference.

6                     Password, User ID and security

You agree to protect your User Password and User ID from any unauthorised use or disclosure, immediately notify Us if you become aware of any unauthorised use or disclosure, and comply with any directions relating to security which We give from time to time.

7                     Information

The information on the Website regarding the Continuing Professional Development (“CPD”) products and services is of a general nature. You acknowledge that We are not responsible for any loss or damage sustained or incurred by You in reliance upon this information.

8                     Variation of TOU

We reserve the right to amend the TOU at Our discretion and to modify or discontinue the provision of this Website at any time.  By continuing to use this Website after We notify you of any amendments to the TOU, you indicate your acceptance of the amendments.

9                     Intellectual property

9.1                Except where otherwise noted, the Intellectual Property Rights in the Website, including but not limited to software, content, text, photographs, images, graphics, video, audio, multimedia items and the compilation (“Content”) as a whole vest in the Council.  You must abide by all copyright notices or restrictions contained on the Website or elsewhere.  You may not delete any author attributions, legal or proprietary notices on the Website or elsewhere.

9.2                Where the Intellectual Property Rights in any of the Content is owned or controlled by a third party, the Council reproduces such Content on the Website and communicates such Content to the public under licence from the third party.

9.3                You agree that the Council will own all Intellectual Property Rights in any suggestions, ideas, enhancement requests, feedback, recommendation, or other information relating to the Website that you provide to the Council.  You warrant to the Council that the Council’s use of any materials you submit to Us will not infringe the Intellectual Property Rights or moral rights of any party and is not obscene or defamatory of any party.

9.4                Subject to the following, the Council grants to you a revocable, non-exclusive, royalty-free, transferable licence of all Intellectual Property Rights in the Website for the purpose of accessing and browsing the Website.  You agree that you will not reproduce, duplicate, copy, sell, trade, re-sell, adapt, communicate, public or otherwise exploit for any commercial purpose, any part of the Website, or the Website, including its content.

9.5                All trade marks on the Website are, unless otherwise noted, wholly owned, or validly licensed by the Council.  Trade marks owned by third parties remain the property of such third parties.

9.6                For the purpose of this clause 9, “Intellectual Property Rights” means copyright, trade mark, design, patent, semiconductor, or circuit layout rights, trade, business, or company names, or other proprietary rights, or any rights to registration of such rights existing in Australia, whether created before, on or after the commencement date of this Agreement.

10                  Modification  

The Council reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.  You agree that the Council is not liable to You or to any third party for any such modification, suspension, or discontinuance of the Website.

11                  CPD products and services

Some of the CPD products and services are provided by third parties (“Third Party CPD”).  We are distributors (not publishers) of the Third Party CPD.  Any opinion, advice, statements, services, offers or other information or content made available as or as part of the Third Party CPD are those of the respective author(s) and We are not responsible or liable to you for any material posted by or on behalf of any third party to the Website.

12                  Acknowledgements

You acknowledge that the Website is made available to you on an “as is” basis and that the Council makes no representation or warranty as to the reliability, suitability, or availability of the Website or the Content.

You acknowledge that the Council does not represent or warrant to you that:

12.1             the Website and the Content will be secure, uninterrupted or error-free;

12.2             the Website and the Content will meet your requirements or expectations;

12.3             errors or defects with the Website and the Content will be able to be corrected;

12.4             the Website and the Content will be free of viruses or any other harmful or destructive code;

12.5             that the Website and the Content will operate with any other hardware, software, system or data; or

12.6             that any third party will be able to access or use the Website or the Content.

13                  Downloads

Any material downloaded or otherwise obtained through your use of the Website (including the Content) is done at your own discretion and risk and you will be solely responsible for any loss of data that results from the download of any such material, or the damage to your computer system, and any consequential loss or damage suffered or sustained by you.

14                  Interference

You agree not to interfere or take any action that results, or may result in any interference with or disruption of the Website or servers or networks connected to the Website.  You agree not to attempt to gain unauthorised access to other computer systems or networks connected to the Website.  You may not post, transmit or distribute to or from the Website any material that is defamatory, obscene, threatening, harassing, abusive, or in violation of any applicable law.

15                  Third party websites

The Website may contain links to other sites on the internet (“Linked Sites”).  We do not make any representation to or assume liability for the availability, accuracy, legality, decency of material or copyright compliance of any Linked Site or any products, services or information provided via any Linked Site.

16                  Waiver

No right under the TOU will be deemed to be waived except by notice in writing signed by each party.  A waiver by the Council will not prejudice its rights in respect of any subsequent breach of the TOU by you.  Subject to the remainder of this clause, any failure by the Council to enforce any clause of the TOU, or any forbearance, delay, or indulgence granted by the Council to you, will not be construed as a waiver of the Council’s rights under the TOU.

17                  Indemnity

You will at all times indemnify and hold the Council and its officers, employees and agents (“those indemnified”) harmless from and against all damages, costs, expenses, loss or damage which those indemnified may incur or sustain and all actions, proceedings, claims and demands whatsoever which may be brought or made against those indemnified by any person in respect of, by reason of or arising out of:

17.1             a breach by you or your obligations under the TOU;

17.2             any wilful, unlawful or negligent act or omission in connection with the Website by you; or

17.3             any use of the Website.

18                  Entire agreement

The TOU constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, in relation to the subject matter of these TOU.

19                  Severability

Each provision of this Agreement shall be read as separate and severable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.

20                  Governing law

These TOU will be governed by, and construed in accordance with, the laws of the State of Victoria and the parties submit to the exclusive jurisdiction of the Courts of the State of Victoria.  The TOU is deemed to have been made and entered into at Melbourne in the State of Victoria.

21                  Disclaimer

You acknowledge and agree that, to the fullest extent permitted by law, the Council is under no liability to you or any third party in respect of any direct, indirect, punitive, special, incidental, consequential, exemplary or other loss or damage of any type (including, without limitation, loss of data, revenue or profit, or business interruption), which may be suffered or incurred or which may arise directly or indirectly in respect of the Website or the Content including, without limitation, the use or inability to use the Website and the Content.

 

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