DEFINITIONS

In these Terms & Conditions:
“AHSS” means Allied Health Support Services Pty Ltd ACN 610 799 249.
“AHSS Service” means the continuing professional development and education services provided by AHSS including via the Platform.
“Content” means educational and training information provided from time to time or made available by AHSS to Members on the Platform or otherwise as part of the AHSS Service which Content may be delivered in the form of seminars, webinars, podcast, reading material or other methods.
“Membership Form” means the online form titled Membership Form completed by the Member to access the AHSS Service.
“Mentoring Service” means the agreement by a Member to receive mentoring and tuition directly from a Provider or other Members, whether or not facilitated by AHSS.
“GST” means goods and services tax within the meaning of the GST Act.
“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Intellectual Property Rights” means all statutory and other rights in respect of copyright, registered and unregistered trademarks, registered and unregistered designs, patents, business and company names and other proprietary rights including moral rights and rights of authorship, arising out of intellectual activity in any field including industrial, commercial, scientific, literary or artistic fields.
“Member” means any person named as Member in the Membership Form and includes, where the Member is a corporation or business, its staff.
“Members” means the Member and any other person who is a user of the AHSS Service whether as member or visitor.
“Fee” means the annual fee payable for the Member’s membership to the AHSS Service.
“Platform” means the software including any website(s) made available by AHSS for the delivery of the AHSS Service and any chat room function or service linked to such website.
“Provider” means any person who provides Content or a Mentoring Service via the AHSS Service which may include other Members.
“Terms & Conditions” means this document titled Terms & Conditions.

INTERPRETATION

In these Terms & Conditions, unless a contrary intention appears:

1. Words importing the singular number include the plural and vice versa.
2. Any gender includes the other genders.
3. A reference to a person includes a reference to a body corporate, firm, authority, government or governmental agency or other entity.
4. A reference to legislation or to a legislative provision includes all regulations, orders, proclamations, notices or other requirements under that legislation or legislative provision. It also includes any amendments, modifications or re-enactments of that legislation or legislative provision substituted for, and any statutory instrument issued under, that legislation or legislative provision.
5. Any clause headings in, and index to, these Terms & Conditions are for reference purposes only and do not in any way influence or affect the meaning of these Terms & Conditions.
6. A reference to a party is a party to these Terms & Conditions.
7. References to clauses, schedules or annexures are references to clauses, schedule or annexures of these Terms & Conditions.

APPLICATION

1. These Terms & Conditions apply to the membership of and all access to the AHSS Service by the Member at all times and override any contrary term, agreement or condition contained in any other document including any governing document or terms and conditions pertaining to the business of a Member unless agreed otherwise in writing by the AHSS.
2. By completing a Membership Form and paying the Fee, the Member agrees to access the AHSS Service under and abide by these Terms & Conditions and any other document pertaining to the AHSS Service including website terms and conditions.
3. The Terms & Conditions must also be read in conjunction with the general terms & conditions of the Platform and any website conducted as part of the AHSS Service and the Disclaimer and Privacy Information of the Platform.
4. For the purpose of clarity, any Content delivered directly to Members including via the Mentoring Service is nevertheless delivered as part of the AHSS Service and is subject to these Terms & Conditions.
5. The Member acknowledges and agrees that AHSS may vary these Terms & Conditions from time to time. The Member agrees that it is bound by the version of these Terms & Conditions in effect at the time of completing a Membership Form whether initially or by way of renewal. By completing a Membership Form, the Member warrants that it has obtained and reviewed a copy of the most recent Terms & Conditions and any other documents pertaining to the Member’s access of the AHSS Service.

AHSS SERVICE

1. The Member acknowledges that AHSS provides the AHSS Service whereby AHSS distributes Content submitted by Providers to its Members via the Platform, Mentoring Service and/or other methods.
2. The AHSS Service provides features for Members including viewing material, commenting on material and engaging in online collaboration. The AHSS Service may also consist of connecting Members with Providers for a Mentoring Service.
3. The Member acknowledges and agrees that the style, format and content of the Platform may vary from time to time at AHSS’ absolute discretion. AHSS makes no representation as to the services available and the Content provided via the Platform or otherwise as part of the AHSS Service at any time.
4. The Member acknowledges that Content and other information appearing on the Platform may be the subject of Intellectual Property Rights of AHSS or other persons including Providers and advertisers, use of the Platform does not grant the Member any licence or right to such information other than to the extent contained in these Terms & Conditions, the terms and conditions of any website which is part of the Platform or as advised by AHSS from time to time.

MEMBERSHIP FEE

1. Access to the AHSS Service is granted to the Member under a 12 month membership renewable as set out in this clause.
2. The Member must pay the Fee at the time the Member completes the Membership Form.
3. If the Fee includes GST, AHSS will provide to the Member upon request a tax invoice which complies with the GST Act.
4. The Fee, once paid, is not refundable other than as provided in these Terms & Conditions.
5. If the Member has completed credit card details for debiting of the Fee as part of the Membership Form, the Member agrees that:
   1. AHSS is authorised to debit the Fee from the Member’s credit card at any time after submission by the Member of the Membership Form unless the Member cancels the membership by written notice to AHSS before the Fee is debited;
   2. the membership shall automatically renew on its expiry for another period of the same duration and AHSS shall, on renewal, be entitled to debit the same credit card for the next Fee payable at the then Fee amount appearing on its website;
   3. the Member may cancel a renewal by notice in writing to AHSS at any time before debiting of the next Fee is made; and
   4. if the debiting of the Fee is unsuccessful, whether initially or on renewal, the membership does not start or renew and the Member’s access to the AHSS Service, if active, may be immediately terminated by AHSS without further notice.
6. If the Member did not complete credit card details for debiting of the Fee as part of the Membership Form, the Member’s membership does not renew automatically. The Member must contact AHSS to renew the Membership by payment of the then Fee and completion (if required by AHSS) for a new Membership Form. If the Member does not pay the Fee, whether initially or on renewal, the membership does not start or renew and the Member’s access to the AHSS Service, if active, may be immediately terminated by AHSS without further notice.

WARRANTIES

1. The Member represents and warrants to AHSS, as an inducement to grant the Member membership of the AHSS Service, that:
   1. the Member is a health industry professional intending to access the Content for personal and professional development only; and
   2. the Member will at all times abide by the undertakings contained in clause 6.2;
2. The Member undertakes at all times while accessing the AHSS Service to:
   1. access the AHSS Service or otherwise utilise the Platform for the purpose of obtaining Content for personal and professional development only and at all times in accordance with these Terms & Conditions and any terms and conditions for use of any website which is part of the Platform or as otherwise directed by AHSS from time to time;
   2. not to illegally or in any other way not authorised by AHSS:
      1. download Content or other information from the Platform;
      2. upload Content or other information to the Platform;
   3. not to use the Platform for the purpose of distributing spam, virus or other illegal or unauthorised cyber activity and to otherwise abide at all times by all laws pertaining to online activity and intellectual property; and
   4. not to replicate, distribute or disclose freely or for profit any Content or information appearing on the Platform or to undertake any action infringing the Intellectual Property Rights of AHSS, any Provider or other person including but not limited to an advertiser;
   5. act honestly and in good faith towards AHSS at all times;
   6. act professionally and responsibly at all times when engaging with other Members, Providers and other persons as part of the AHSS Service including by:
      1. respecting the boundary of the professional relationship between Providers, Members and other persons engaging in the AHSS Service; and
      2. maintaining the confidentiality of any information provided by Providers, Members or other persons including personal contact details.
3. The Member is taken to make the representations in clause 6.1 on each occasion on which the Member accesses the AHSS Service including the Platform.
4. The Member indemnifies AHSS in respect of any cost, expense, loss or damage whatsoever including but not limited to legal fees incurred in defending any claim against AHSS resulting from a breach by the Member of:
   1. the warranties and undertakings contained in clause 6.1 & 6.2; or
   2. any other term of these Terms & Conditions.

    

5. Without limiting the provisions of clause 6.4, the Member acknowledges and agrees that damages are an insufficient remedy in respect of a breach by the Member of the undertakings and agrees that AHSS may seek injunctive relief against the Member to prevent the Member’s breach of clause 6.2.

DISCLAIMER

1. The Member will be provided with a login and password(s) to access the AHSS Service. If the Member is a business, the Member will be provided with an individual login and password for each person intended to be a user of the AHSS Service.
2. The Member is responsible for the confidentiality and use of the username and password(s). The Member is also solely responsible for all information electronically transmitted or use of any data, information or services obtained using the username and password(s).
3. The Member is responsible for the use of the AHSS Service by any staff member of the Member given a username and password including that person’s use or misuse of the username and password and any breaches by that person of these Terms & Conditions.
4. The Member acknowledges and agrees that AHSS:
   1. acts as a host of Content only;
   2. does not assess or verify the qualifications of Providers or the correctness of Content they provide;
   3. is not capable of policing the actions of other Members, Providers, advertisers or other persons on or off the Platform; and
   4. cannot guarantee the security of data stored on the Platform.
5. AHSS makes no warranty as to the Content available on the Platform or otherwise provided by any Provider via AHSS including a Provider introduced by AHSS to a Member for the purpose of Mentoring Service. It is entirely up to the Member to judge the Content obtained and the qualification of any Provider.
6. Without limiting the generality of the foregoing, the Member agrees that AHSS does not accept responsibility and shall not be liable for:
   1. the actions of other Members, Providers, advertisers or other persons using the AHSS Service including receipt by the Member of harmful or offensive information, spam or malware from a person even if via the AHSS Service;
   2. any competing or offending Content or information appearing on the Platform at any time including by other Members, Providers and advertises;
   3. any breakdown, interruption or malfunction in the Platform or any other arrangements made by AHSS for the delivery of Content including a cyber attack or data theft;
   4. the accuracy of any Content or information made available via the Platform, the Mentoring Service or in any other way connected with the AHSS Service; or
   5. the accuracy of any information regarding eligibility for continuing professional development entitlements including any reference to points which may be accumulated for any Content provided which the Member acknowledges are by way of indication only;
7. The AHSS Service may include links to third party websites and services. AHSS does not endorse and is not responsible for the accuracy of any information provided by a third party including Providers whether or not made available via the AHSS Service. AHSS does not warrant that any third party website linked to the AHSS Service is free of infection by computer viruses or other contamination.
8. To the extent permissible by law, any liability by AHSS to the Member shall be limited to refund of the amount of the Fee or the sum of all Fees paid or payable by the Member.

TERMINATION

1. AHSS reserves the right to and may terminate the Member’s membership to the AHSS Service at any time by notice in writing to the Member for any reason including but not limited to where AHSS forms the reasonable opinion that the Member has breached these Terms & Conditions.
2. If AHSS terminates the Member’s membership:
   1. access by the Member of the AHSS Service may be immediately blocked without further notice;
   2. whether or not access to the AHSS Service has been blocked, the Member must immediately cease all access to the AHSS Service including the Platform;
   3. if AHSS has terminated the membership due to the Member’s breach of these Terms & Conditions, AHSS is not obliged to refund the Fee to the Member. In all other cases, AHSS shall refund to the Member so much of the Fee as is proportionate to the balance term of the membership, calculated on a daily basis, within 30 days of termination; and
   4. with the exclusion of terms expressed in these Terms & Conditions to survive termination, the parties are immediately released from their obligations and neither shall have any further claim against the other.
3. The Member may terminate the Member’s membership to the AHSS Service at any time and for any reason by notice in writing to AHSS including if AHSS is in breach of these Terms & Conditions.
4. If the Member terminates the Member’s membership:
   1. unless AHSS is in breach of these Terms & Conditions, the Member is not entitled to a refund of the Fee; and
   2. with the exclusion of terms expressed in these Terms & Conditions to survive termination, the parties are immediately released from their obligations and neither shall have any further claim against the other.
5. Clauses 6, 7, 8.2 and 8.4 of these Terms & Conditions survive expiry or termination of the Member’s membership.

PRIVACY

1. AHSS abides by the Privacy Act 1988, including in respect of the obligations of credit providers, and the Australian Privacy Principles. AHSS Privacy Policies are available on the AHSS website at: https://alliedhealthsupport.com.au The Member acknowledges that, in supplying any personal information to AHSS, the Member has had the opportunity to read those Privacy Policies.

GENERAL

1. If any provision of these Terms & Conditions is, or at any time becomes, prohibited by, or unlawful under, any applicable law, regulation or other condition actually applied or otherwise becomes void or unenforceable, it will be severed from these Terms & Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms & Conditions. The remaining provisions will, to the extent permitted by the relevant law, regulation or other condition, continue in full force and effect.
2. None of the terms or conditions of these Terms & Conditions, nor any act, matter or thing done under or by virtue of, or in connection with these Terms & Conditions will operate as a merger of any of the rights and remedies of the parties in or under these Terms & Conditions or otherwise. All obligations of the parties under these Terms & Conditions will survive the expiration or termination of these Terms & Conditions to the extent required for their full observance and performance.
3. No provision of these Terms & Conditions may be amended, modified, waived, discharged or terminated orally and no failure or delay by a party to exercise any power, right or remedy under these Terms & Conditions will operate as a waiver of that power, right or remedy, nor will any single or partial exercise of any power, right or remedy under these Terms & Conditions preclude any other or further exercise of that power, right or remedy. A party will only be taken to have waived any power, right or remedy under these Terms & Conditions to the extent that the power, right or remedy has been expressly waived in writing by that party, irrespective of any pervious waiver of any other breach of the same or any other covenant or provision of these Terms & Conditions any other agreement.
4. The powers, rights and remedies provided under these Terms & Conditions to the parties are not exclusive of any powers, rights and remedies provided at law or in equity unless expressly stated.
5. Any notice or other communication of any nature which must be given, served or made under or in connection with these Terms & Conditions:
   1. must be in writing in order to be valid;
   2. is sufficient if executed by the party giving, serving or making the same or on its behalf by any attorney, director, secretary, other duly authorised officer or solicitor of such party;
   3. will be deemed to have been duly given, served or made in relation to a person if it is delivered or posted by prepaid post to the address, or sent by facsimile or email to the number of that person set out in these Terms & Conditions or as notified in writing by that person to the other parties from time to time;
   4. will be deemed to be given, served or made:
      1. (in the case of prepaid post) on the third day after the date of posting;
      2. (in the case of facsimile or email) on receipt of a transmission report confirming successful transmission; and
      3. (in the case of delivery by hand) on delivery.
6. These Terms & Conditions will be governed by the laws of Queensland, and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland at Brisbane.