PD HEALTH WEBSITE TERMS & CONDITIONS
These terms and conditions govern your use of our Website (www.pdhealth.com.au). If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
In these terms and conditions, the expressions “we”, “us” and “our” are references to PD Health Pty Ltd ACN 146 232 448.
1. Site Access
1.1. You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will be accessible only if you become a registered user.
1.2. You become a registered user of this Website by enrolling in an online professional development course via the Website including demonstration products.
1.3. You agree to ensure that your registration details are true and accurate at all times. Specifically, you agree to notify us of any change to the registration details you originally supplied to us.
1.4. Upon registration, you will be required to identify a username and password. You agree to pay for our services in the manner specified on the payment page of the Website.
1.5. We reserve the right to terminate you as a registered user at any time if you breach these terms and conditions.
2. Use of Website
2.1. You are permitted to use the Website for your own purposes and to print and download material from the Website for personal non-commercial use, provided that you do not modify any content without our consent. You are not permitted to provide any material from the Website to any person or organisation that is not a registered user or has not purchased the material from PD Health.
2.2. The copyright and other intellectual property rights in all material on this Website are held by us or licensed by us. Subject to the limited exception in Paragraph 2.1, other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and equivalent 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 or publish any materials on this Website 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.
3. Visitor Conduct
3.1. With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
3.2. When using this website you shall not post or send to or from this Website any material:
- for which a third party holds the intellectual property rights and you have not obtained all necessary consents to distribute the material;
- that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia;
- which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
3.3. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in contravention of Paragraph 3.2.
4. Links to other Websites
4.1. Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
4.2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website.
4.3. If you breach Paragraph 4.2 you must fully indemnify us for any loss or damage suffered as a result of your actions.
5. Disclaimer
5.1. 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.
5.2. If you are a registered user who has paid to enrol in an online product, the service we provide will be covered by certain consumer guarantees under the Australian Consumer Law ("Implied Consumer Guarantees").
5.3. If the services provided under Paragraph 5.2 fail to meet any Implied Consumer Guarantee, you will be entitled to such rights and remedies as are permitted or provided in the Australian Consumer Law. To the extent that such rights and remedies can be lawfully excluded, our liability for a breach on an Implied Consumer Guarantee will be limited to one or more of the following:
- the supplying of the services again;
- the payment of the cost of having the services supplied again; or
- a voucher to use with us for the same value as the services.
5.4. The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
6. Warnings
6.1. We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect, and we make no commitment to ensure that such material is correct or up to date.
6.2. Where the information made available over this Website contains opinions or advice 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 Website and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
6.3. 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.
6.4. The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these terms and conditions may have effect in relation to this Website.
7. 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.
8. Termination of access
Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
9. Governing Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws in force in South Australia. Any dispute arising in connection with these terms and conditions are subject to the exclusive jurisdiction of the courts in South Australia.
10. General
10.1. 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.
10.2. 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.
10.3. 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.
11. Contacting Us
We welcome and hope you do not hesitate to send us any queries, comments or requests for information you may have regarding these Terms & Conditions. Please click here to contact.