Terms and Conditions

Last updated: 5 December 2016

1. Introduction

These terms of use (Terms of Use) apply to your use of the products and services of Medcast Pty Ltd ACN 166 955 433, trading as Medcast, or its affiliates (Medcast, we, us, or our). These include, but are not limited to, the Medcast website located at https://www.medcast.com.au and all subdomains thereof (Website), mobile applications offered by Medcast (each, a Mobile Application), and all features, content and products and services provided by Medcast to you, including but not limited to the hosting of online discussion forums, learning materials, software, video and audio files and other items available for download (collectively, the Services).

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.

You have been invited to access the password restricted areas of the Website, and the Mobile Applications and Services, due to your relationship with a third party training provider or partner organisation which is a customer of Medcast (Medcast Customer). Your ability to access the password restricted areas of the Website, and the Mobile Applications and Services, is contingent on your continuing relationship with the Medcast Customer and your ongoing compliance with these Terms of Use.

2. Acceptance of Terms of Use

The Website, Mobile Applications and Services are made available to you by us subject to these Terms of Use. By accessing or using the Website, Mobile Applications or Services, you agree to be bound by the terms and conditions in force at that time. If you do not agree to these Terms of Use, you must not access the Website and must immediately stop using the Mobile Applications and Services.

We may revise these Terms of Use from time to time and any revisions will take effect immediately from the time they are published on the Website. If we make revisions which materially affect your rights we may provide you with notice of such revisions by any reasonable means, including notifying you of the update or change in connection with your use of the Mobile Applications or Services. Notwithstanding the foregoing, you agree that you are responsible for regularly checking the Website for any changes and your continued use of the Website, Mobile Applications or Services after changes by us constitutes your consent to such changes.

You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. 

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
  • those Additional Terms are hereby incorporated by reference into these Terms of Use.

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

We grant you a limited, nonexclusive, non-transferable, revocable, non-sublicensable, licence to access and use the Website, Mobile Applications and Services in accordance with these Terms of Use. We may terminate this limited licence at any time, and for any reason.

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.

Except as expressly provided in these Terms of Use, nothing shall be construed as conferring on you or any third party any licence or right to Intellectual Property Rights in the Website, Mobile Applications, Services or the underlying software.

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.

You represent and warrant that you own or have obtained all the rights necessary to grant us a licence to use the User Content as described in these Terms of Use. You further represent and warrant that the posting of User Content by you complies with the restrictions described in these Terms of Use, in particular under Clause 7 – Acceptable Use.

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.

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

Terms, conditions, warranties and guarantees implied by law (including the Competition and Consumer Act 2010 (Cth)) apply to the Website, Mobile Applications and Services to the extent required by those laws (Non Excludable Guarantees). Nothing in these Terms of Use restricts, excludes or modifies or purports to restrict, exclude or modify any Non Excludable Guarantee. Subject to the foregoing, and any Additional Terms, the Website, Mobile Applications, Services, underlying software, and the hosting and display of any User Content are provided on an "as is, as available" basis.

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.

 

To the fullest extent permitted by law we disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to your use of the Website, Mobile Applications, Services or User Content. These may include: (a) any errors in or omissions including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party sites or content therein directly or indirectly accessed through links appearing in the Website, Mobile Applications or Services, including but not limited to any errors in or omissions therefrom, (d) the unavailability of the Website, Mobile Applications, Services or User Content, or any portion thereof, (e) your use of the Website, Mobile Applications, Services or User Content, (f) your use of any equipment or software in connection with the Website, Mobile Applications, Services or User Content, or (g) your failure to comply with any of these Terms of Use.

9. Registration

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.

10. Privacy

We collect, store, use and disclose personal information in accordance with our Privacy Policy, located at https://medcast.com.au/privacy-policy.

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.

13. Termination

The Terms of Use applicable to the Mobile Applications, Services and User Content will continue to apply until terminated as set out below.

  • Medcast may terminate these Terms of Use immediately:
    • if you breach any of your obligations under the Terms of Use and fail to remedy that breach within 7 days of receiving notice of the breach; or
    • 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.
  • You may terminate these Terms of Use by deleting your account and removing the Mobile Applications from your devices.

 

Despite termination, the Terms of Use will continue to apply whenever you access the Website. In addition, Clauses 6 (Intellectual Property), 7(c) to (j) (Acceptable Use), 14 (Limitation of Liability), 15 (Indemnity), 16 (Dispute), and 17 (Governing Law) will survive termination.

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.

15. Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers or developers to the Website, Mobile Applications or Services harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or arising from or related to any User Content uploaded or submitted by you.

16. Dispute

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.

These Terms of Use are governed by the laws of New South Wales, Australia. By accessing and using the Website, Mobile Applications and Services, you submit to the exclusive jurisdiction of the Courts of New South Wales, Australia.