ANZCA Web Terms of Use

By accessing our Web Applications and continuing to use our Web Applications, you agree to be bound by these terms of use (Web Terms of Use). These Web Terms of Use constitute a binding agreement between you and the college and govern your use of our Web Applications.

Privacy Policy

As part of these Web Terms of Use, your use of our Web Applications is also subject to our Privacy Policy, which is incorporated by reference into these Web Terms of Use.

Disclaimer
 
Certain information on our Web Applications may relate to health, illness, medication or medical procedures and is offered for general informational purposes only.  It is made available on the basis that we are not providing professional advice on a particular matter. In no way are any of the materials presented meant to be a substitute for professional health or medical advice and should not be relied on as health or medical advice.
 
You should not act or rely upon any of the resources and information available in or from our Web Applications without seeking the advice of a doctor or other qualified health professional.  Never delay in seeking health or medical advice because of something you have read on our Web Applications.
 
We disclaim any liability (including for negligence) by our employees or agents to any person in respect of anything and the consequences of anything, done, or not done by any such person in whole or partial reliance upon the whole or part of the information on our Web Applications.

Your use of our Web Applications is subject to the following rules:

YOU MUST NOT:

• use any device, routine or software that interferes, or attempt to interfere, with the proper working of our Web Applications;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure, including a denial of service attack;
• use our Web Applications to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• use our Web Applications to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of our Web Applications;
• use our Web Applications by any automated means;
• use our Web Applications to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• access, retrieve or index any portion of our Web Applications for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• interfere with the display of any advertisements appearing on or in connection with our Web Applications;
• reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on our Web Applications;
• reproduce, duplicate, copy or store any of the material appearing on our Web Applications other than for your own personal and non-commercial use;
• falsely imply that any other website is associated with our Web Applications;
• do anything that leads, or may lead, to a decrease in the value of the college's intellectual property rights in our Web Applications;
• use or exploit any of the material appearing on our Web Applications for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with our Web Applications;
• release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the college without the college's prior written consent; or
• use our Web Applications to transmit any information or material that is, or may reasonably be considered to be:
  • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
  • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
  • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
  • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
  • in breach of any person’s privacy or publicity rights;
  • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
  • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
  • containing any political campaigning material, advertisements or solicitations;
  • likely to bring the college or any of its staff into disrepute;
  • photographs: the college posts photographs of individuals attending events, workshops, training courses and scientific meetings on our Website. Every effort is made at the time of the photograph to gain the consent of the individuals pictured.  If you would like a photograph removed from our Website please contact [email protected];
  • third party content: We are distributors (not publishers) of the content supplied by visitors and other third parties. Any options, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, nor do we vouch for its accuracy or usefulness. Furthermore, we expressly disclaim any liability associated with material posted by third parties; or
  • disclaimer of endorsement: Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is an endorsement of us implied by such links.

Violations of these Terms of Use

Without limiting any other remedies available to the college at law or in equity, the college reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to any of our Web Applications or refuse to provide services to you if:
  • ​you breach any provision of these Web Terms of Use;
  • the college is unable to verify or authenticate any information that you provide to us; or
  • the college believes that your actions may cause damage and/or legal liability to the college, any of its customers or suppliers or any other person; and

remove or block access to any information and/or materials (in whole or in part) that the college, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Web Terms of Use.

​Indemnity

You indemnify and hold harmless the college and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit or otherwise make available through our Web Applications;
• your use of, or connection to, our Web Applications; or
• your negligence or misconduct, breach of these Web Terms of Use or violation of any law or the rights of any person.

In these Web Terms of Use, the term Proprietary Content means:

• our Web Applications;
• all of the content of our Web Applications (including all of the text, graphics, designs, software, data, sound and video files and other information contained in our Web Applications, and the selection and arrangement thereof); and
• all software, systems and other information owned or used by the college in connection with our Web Applications (whether hosted on the same server as our Web Applications or otherwise).

All Proprietary Content is the property of the college or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of the college or other copyright owner (as applicable).

You may download and print out content from our Web Applications only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trade mark or other proprietary notices.
 
Trade marks

The look and feel of our Web Applications (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of the college. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the college.

In these Web Terms of Use, the term User Content means any and all content that is submitted, posted or otherwise added to our Web Applications by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
Our Web Applications contain some features that enable you and other users to upload User Content. The college reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

• represent and warranty to the college that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to the college a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the college’s absolute discretion.

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on one of our Web Applications to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.

If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COLLEGE AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO OUR WEB APPLICATIONS, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Our Web Applications are provided strictly on an "as is" basis. To the maximum extent permitted by law, the college and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of our Web Applications or any of its content, and in particular do not represent, warrant or guarantee that:

• the use of our Web Applications will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• our Web Applications will meet your requirements or expectations;
• anything on our Web Applications, or on any third-party website referred or linked to in our Web Applications, is reliable, accurate, complete or up-to-date;
• the quality of any information or other material purchased or obtained through our Web Applications will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• our Web Applications or the servers that make it available are free of viruses or other harmful components.

Exclusion of liability
To the maximum extent permitted by law, the college and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Web Terms of Use or the use of our Web Applications by you or any other person.
 
Remedies limited
To the maximum extent permitted by law, the college and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the college's sole discretion):

• in the case of goods, to any of the following:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and
• in the case of services:
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

 
Release
You agree that your use of our Web Applications is at your own discretion and risk. You agree to release the college and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Web Terms of Use or the use of our Web Applications by you or any other person. The college may plead this release as a bar and complete defence to any claims or proceedings.
 
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Web Terms of Use, the college excludes liability for any delay in performing any of its obligations under these Web Terms of Use where such delay is caused by circumstances beyond the reasonable control of the college, and the college shall be entitled to a reasonable extension of time for the performance of such obligations.

In these Web Terms of Use, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Web Terms of Use;
• these Web Terms of Use may not be construed adversely against the college solely because the college prepared them;
• the singular includes the plural and vice-versa;
• a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications
The college may provide any notification for the purposes of these Web Terms of Use by email.
Costs
Except as specifically provided in these Web Terms of Use, each party must bear its own legal, accounting and other costs associated with these Web Terms of Use.

Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Web Terms of Use without the college's prior written consent. The college may assign, transfer or sub-contract any of its rights or obligations under these Web Terms of Use at any time without notice to you.

No waiver
Waiver of any power or right under these Web Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the college to act with respect to a breach by you or others does not waive the college's right to act with respect to that breach or any subsequent or similar breaches.

Severability
The provisions of these Web Terms of Use are severable and, if any provision of these Web Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.


Variation
The college reserves the right to amend these Web Terms of Use and any other policy on our Web Applications at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of our Web Applications will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of our Web Applications.
You may only vary or amend these Web Terms of Use by written agreement with the college.

Governing law and jurisdiction
These Web Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.