Terms of Service
Effective date: 22nd October 2021
These terms and conditions apply to the use of this website, including the use of the courses and other information services offered on this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
Terminology
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to In Touch Corporate Health Pty Ltd (ABN 97 090 651 335).
“You” and “your” refers to the person using the website. If you will be using the website on behalf of an entity or other organisation, including your employer, you agree to these Terms of Service on behalf of that entity or organisation and you represent that you have such authority. “You” and “your” will refer to that entity or organisation.
Account registration
In order to be able to access the information offered on this website, including courses, you must register for an account with us. To register an account, you must complete your registration details in the manner described on the website.
We reserve the right to terminate your account at any time if you breach these terms and conditions.
You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
Upon registration, you will be provided with a password and account designation. You agree to pay for our services in the manner specified on the website.
Courses and other information services
All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals, including health professionals, before acting or relying on any information or material which is made available to you pursuant to our information service.
You agree to use our information service for lawful purposes only.
Duration of access
The duration of your access to the website or specific parts of the website, including particular courses, is limited to the duration specified in your account registration and course enrolment.
Disclaimer
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Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that: (a) we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website; (b) any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and (c) we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions. |
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You acknowledge that: (a) prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed yourself of that opportunity; and (b) at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so. |
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The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded. |
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Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)): (a) this sub-clause applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable; (b) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51–53 of that Law, is limited: (i) in the case of goods, to any one of the following as determined by us: (A) the replacement of the goods or the supply of equivalent goods; or (B) the repair of the goods; or (C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; (ii) in the case of services, to any one of the following as determined by us: (A) the supplying of the services again; or (B) the payment of the cost of having the services supplied again.
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Specific warnings
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy, or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
You acknowledge that in relation to any third party content that we may make available on the website, we are a distributor, not a publisher, of such content on this website. Our editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness, and usefulness of any such information.
Payments
Payment for our services is as specified on the website. You agree to pay us any fees for each product or service you purchase or use in accordance with the pricing and payment terms presented to you for that product or service.
We use third party payment processors (Stripe and PayPal) to bill you through a payment account linked to your account with us. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable payment processor, in addition to these Terms of Service.
Purchases made through the website are non-refundable, except as required by law.
Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings, and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website;
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
Trade marks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this website).
Restricted use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
Your access is for viewing by one individual person only. You must not permit viewing by any person other than the individual person for whom the account was registered. Generic accounts for use by more than one individual person are not permitted. The information we provide, including courses, may not be recorded, duplicated, or distributed to another person.
Links
This 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 content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products, or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Privacy policy
We undertake to comply with the terms of our Privacy Policy.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.
Termination of access
Access to this website, or any part of the website including particular courses, may be terminated by us at any time without notice. Our disclaimer will survive any such termination.
Governing law
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Updates
We may change these Terms of Service periodically by posting the updated terms on our website. Your continued use of our website after any change in these Terms of Service will constitute your acceptance of the change.
