E-Learning Terms and Conditions

The following terms and conditions apply to the access and use of the College’s online learning environment and associated resources and materials.

1 Definitions

In these Terms:

"Agreement" means the Booking Form together with the Terms and the Website Terms;

"Booking Form" means the form used by the User to purchase Services from the College;

2 "College" means the Australian and New Zealand College of Anaesthetists, and its Faculty of Pain Medicine having its registered office at ANZCA House, 630 St Kilda Road, Melbourne VIC 3004, Australia;

"Commencement Date" means the date for commencement of the Services specified on the Booking Form;

"Completion Date" means the date for completion of the Services specified on the Booking Form or 6 months after the Commencement Date, whichever is the earlier;

"Charges" means the fees for the Services, as set on in the Booking Form, which are payable in accordance with these Terms;

"Documentation" means the information and materials made available to the User by the College in connection with the Services;

Intellectual Property Rights means any patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

"LMS Platform" means the College’s online learning environment where the Services can be accessed;

"Services" means the provision of e-learning courses by the College consisting of online modules accessed via the LMS Platform;

"Terms" means these terms and conditions for the supply of the Services;

"User" means a person who purchases Services from the College; and

3 The Services

3.1 The Booking Form constitutes an offer by the User to purchase Services in accordance with these Terms. Access to the LMS Platform and the Services is limited to a period of 6 months from the Commencement Date. The College may deactivate accounts and access after that time.

3.2 The contract will be deemed to have been created between the parties when the User accepts the Terms and the College issues an email to the User confirming the log-in details for the LMS Platform.

3.3 All bookings are made on a first-come first-served basis. The College reserves the right to refuse bookings in its sole discretion.

3.4 The Agreement constitutes the entire agreement between the parties. The User acknowledges that they have not relied on any statement, promise, representation, assurance or warranty made by or given on behalf of the College, which is not set out in the Agreement.

3.5 The Services and Documentation are provided “as is” without any representation or warranty of any kind whether express or implied, including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

3.6 The College does not warrant that the LMS Platform will be uninterrupted, error-free or free from viruses.

3.7 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 information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

4 Accessibility

4.1 On the College’s receipt of a completed Booking Form and payment of the Charges by the User, the College shall issue the User with an access code which will allow the User to access the Services.

4.2 Access codes will provide the User with access to move within the course and complete the course once. Users wishing to resit or complete the course more than once will be required to complete a new Booking Form.

4.3 Access codes are single user codes. The User shall not share access codes with any other party. Access to modules will be for a limited duration as set out on the relevant instructions for each module. Users may choose to complete the module in staged intervals and save progress within the LMS Platform within the stipulated time allocation for completion of the relevant module.

5 Charges and Payment

5.1 In consideration of the Services, the User agrees to pay the Charges to the College at the time of booking.

5.2 All amounts payable by the User under the Contract are inclusive of GST.

5.3 If the User fails to make any payment due to the College under this Agreement, this will be a breach of contract by the User, entitling the College to terminate the Agreement. The College shall be entitled to retain all Charges already paid by the User. Any unpaid balance of the Charges shall become immediately payable by the user to the College. This is without prejudice to the College’s rights and other remedies under the Agreement.

6 Cancellations or amendments by the College

6.1 The College shall use its reasonable endeavours to adhere to the advertised description of the Services but it reserves the right to amend or cancel any part of the Services. This includes, but is not limited to, changes to speakers, content and programme of the modules.

6.2 On the occurrence of changes to the Services after confirmation of the booking (other than cancellation which is dealt with under Clause 5.3), the College shall use all reasonable endeavours (subject to the College’s right to amend the charges payable) to provide reasonable alternative Services to the User which shall be the User’s sole remedy.

6.3 On the occurrence the Services or part of the Services being cancelled after confirmation of the booking, the College may in its discretion:

(a) offer the User a complimentary transfer to an alternative equivalent module, subject to availability; or

(b) refund any Charges paid by Users.

6.4 Save for as set out in this Clause 5, the College shall not be responsible for any other costs incurred by the User as a result of cancellation or amendment of the Services or any part of the Services.

6.5 The College shall not refund the Charges to the User if the User fails to access and/or complete a module within any stipulated time period.

7 Term and Termination

7.1 This Agreement shall commence on the Commencement Date and shall continue in full force and effect until the Completion Date.

7.2 This Agreement may be terminated by the College at any point on 14 days notice.

7.3 This Agreement may be terminated by the College with immediate effect if the User commits a material breach.

7.4 On termination of this Agreement for any reason, all licences granted to the User under this Agreement shall immediately terminate.

7.5 Any provision of this Agreement which is expressly or by implication is intended to come into or remain in force on or after termination will remain in full force and effect despite the expiry or termination of this Agreement.

8 Links to Third Party Sites

The College website or LMS Platform may present links to third party websites not owned or operated by the College. The College shall not be responsible for the availability of these sites or their content. The College shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the User’s use of or reliance on any content of any such site or goods or services available through any such site.

9 Compatibility

9.1 The LMS Platform is supported on most web browsers and mobile devices.

9.2 It is the User’s responsibility to ensure compatibility of software. Full settlement of the Charges will be due in the event of failed access due to incompatible software and/or devices.

10 Promotions and Advertising

10.1 The College may present advertisements or promotional materials on or through the Services. The User’s participation in any promotional event or item is subject to the terms and conditions associated with that event or item.

10.2 The User’s dealings with, or participation in promotions by any third party advertisers on or through the event or item are solely between the User and such third party. The User agrees that the College shall not be responsible or liable for any loss or damage of any kind incurred by the User as the result of any such dealings or as the result of the presence of such third parties on the events or items.

11 Intellectual Property Rights

11.1 All Intellectual Property Rights in or arising out of or in connection with the Services and Documentation shall be owned by the College. Except as expressly stated herein, this Agreement does not grant the User any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other Intellectual Property Rights in respect of the Services or the Documentation.

11.2 The College hereby grants to the User a non-exclusive, non-transferable, limited licence during the term of the Agreement to use the Services for the non-commercial purposes set out in the Booking Form.

12 Limitations of Liability

12.1 The User assumes all responsibility and risk for the use of the LMS Platform generally. The College accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this site. Under no circumstances, including negligence, shall anyone involved in creating or maintaining the LMS Platform be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use the Website and/or any other websites which are linked to this site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the LMS Platform; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects or failure of performance, communications failure, theft, destruction or unauthorised access. States or Countries which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

12.2 Subject to Clause 12.3, the aggregate liability of the College for any breach of the terms of this Agreement, or otherwise in relation to the subject matter of this Agreement in contract, delict (including negligence) or otherwise shall in no event exceed the Charges paid by the User in the twelve (12) month period preceding the breach.

12.3 Nothing in this Agreement will exclude or limit the College’s liability for death or personal injury caused by negligence; (ii) for fraud; or (iii) for any other liability which cannot be excluded by law.

12.4 The College accepts no responsibility for any loss incurred while using material or information gathered via modules. The copyright of all training materials and Documentation rests with the College or the developer of such materials and the College shall not be held responsible for any infringements as a result of plagiarism, libel, slander, misuse of material or any other breaches of third party rights.

12.5 If this Agreement constitutes a supply of goods or services to a consumer as defined in the Australian Consumer Law as amended, or relevant similar state or territory legislation (“Acts”):

12.5.1 nothing contained in these terms excludes, restricts or modifies any condition, warranty or other obligation which, under the Acts or any of them, applies to or is conferred on the Customer where to do so is unlawful; and

12.5.2 The College’s sole liability for breach of any condition, warranty or other obligation, including an consequential loss that the User may sustain or incur, is limited (except to the extent specifically set out in this clause) to:

12.5.2.1 the replacement of the products or services;

12.5.2.2 the supply of equivalent products or services

12.5.2.3 payment of the cost of replacing the products or services or acquiring equivalent products or services; or

12.5.2.4 the repair of the products or payment of the cost of having the product repaired.

as the College may select.

13 Booking Issues and Complaints

14 The User shall refer all issues during booking to the eLearning helpdesk at fpm@betterpainmanagement.com.au. The helpdesk will endeavour to respond to booking enquires within 24 hours of receipt on Monday to Thursday and the first day of the following working week on a Friday, Saturday or Sunday. The College shall not be held responsible for any loss, virus or corruption suffered due to failure to respond to booking issues. The eLearning helpdesk is open from 9am to 5pm, Monday to Friday with the exception of local public holidays.

14.1 If the User wishes to make a complaint, the User can notify the College’s education team in writing to fpm@betterpainmanagement.com.au.

15 Privacy

User details are managed in accordance with the College’s ICT Code of conduct, ICT Security Policy and privacy policy.

16 Assignation

16.1 The College may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party, representative, employee or agent.

16.2 The User shall not, without the prior written consent of the College, assign or otherwise transfer any of its rights or obligations under this Agreement.

17 Force Majeure

The College shall not be liable for any delay in performing or failure to perform its obligations under these terms due to any cause outside the College's reasonable control. Such delay or failure shall not constitute a breach of this Agreement and the time for performance of the affected obligation shall be extended by such period as is reasonable.

18 No Agency

Neither party shall, in performing the Services or their obligations under the Agreement, hold themselves out or permit any person to hold itself out as being authorised to bind the other party in any way and will not do any act which might reasonably create the impression that it is so authorised.

19 Variation

These Terms may be varied by the College at any time on giving the User adequate notice in writing (including by e-mail).

20 Severability

If and in so far as any part or provision of these Terms is or becomes void or unenforceable, it shall be deemed not to be, or never to have been or formed, a part of the Terms and the remaining provisions shall continue in full force and effect.

21 Waiver

The failure of either party to exercise or enforce any right conferred on that party by these Terms shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.

22 Online Conduct

Users agree to use the LMS Platform only for lawful purposes and are prohibited from posting on the LMS Platform any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Although in the absence of a specific complaint the postings are monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in any forum area will list the author’s name and institution – no anonymous postings will be permitted.

23 Indemnity

Users agree to indemnify the College (its employees and agents) for any loss suffered or liability incurred by the College (its employees and agents) arising from any unlawful, unauthorized or improper access or use of the LMS Platform or any breach of these terms by you or your employees, contractors or representatives.

24 Third Party Rights

These Terms are not intended to create, nor shall they create, any rights, entitlement, claims or benefits enforceable by any person that is not a party to them.

25 Governing Law

This Agreement is governed by the laws of the State of Victoria, Australia and thecourts shall have exclusive jurisdiction in any dispute or other matter relating to same.

Better Pain Management is an initiative of the Faculty of Pain Medicine of the Australian and New Zealand College of Anaesthetists.