Health Education Australia Limited Terms and Conditions
Set out below are terms and conditions that contain important information about your enrolment in our courses, membership programs or registration to attend our events (as the case may be). Use the following links to navigate to the section relevant to you.
Health Education Australia Limited (HEAL), and includes all divisions of HEAL, including the Australian Institute of Clinical Governance (AICG).
Website and Portal includes the websites and portals of HEAL and AICG and other authorised websites or portals of HEAL.
Your use of and participation in this Website and the Portal is entirely at your own risk and responsibility.
This site hosts a private Portal for individuals connected to HEAL. Information supplied by third parties is not endorsed by HEAL for any purpose. Its use by participants is private and each participant takes responsibility for their own conduct.
No information published in this Portal by others is endorsed by HEAL or necessarily represents the views, policies or advice of HEAL. Participants should seek specific confirmation from HEAL in relation to any information upon which they intend to rely.
HEAL may cease hosting the Portal at any time, without notice, and for any reason.
The Portal is not always moderated or monitored and you and all users are responsible for your own posts and comments. You may be liable for any defamatory, abusive, discriminatory, misleading or harassing posts and comments – and by participating you accept all liability arising from such posts and comments and indemnify HEAL from all claims which may arise.
By participating in this Portal, you are agreeing to the following Terms and Conditions of use:
- In order to post to this Portal, users must provide a username (which will become public information), and a password and email address (which will remain private). Any information disclosed on the Portal becomes public information. Caution should be exercised when deciding whether to share any of your personal information in this Portal.
- You are fully responsible for any information you submit in this Portal. You will not post material that may infringe copyright, or information that is vulgar, bullying, harassing, threatening, invasive, sexually oriented, or otherwise in violation of any law.
- You will not communicate information which is subject to Privacy or confidentiality obligations to others.
- The contents of this Portal are not always monitored by HEAL and the views and opinions expressed in this Portal are those of individuals, and not of HEAL.
- HEAL reserves the right to remove any material which is in violation of any of its policies, whether stated or implied, or not, to exclude you from the Portal or to summarily close the Portal at any time.
- HEAL takes no responsibility for content. You expressly release HEAL from all claims arising from use of this Portal and content on this Portal (including the content of others).
1. Website and Portal Disclaimer
By accessing the Website and Portal you agree to be bound by these terms. If you do not wish to be bound to these terms, you must not access the Portal.
HEAL does not represent or warrant that the content of this website is accurate, authentic or complete or that the information contained in this website is suitable for your needs. You should assess whether the information is accurate, authentic or complete and, where appropriate, seek independent professional advice.
HEAL is not bound by any information supplied or transmitted through this Website and Portal.
HEAL accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Website and Portal.
Users must separately confirm or seek confirmation of any HEAL requirement, condition, consent or approval in relation to their own particular circumstances.
2. Legal Disclaimers applicable to this Portal and this Website
Every effort is made to provide information that is accurate. However, materials contained in this Website and Portal are subject to change at any time by appropriate action of HEAL.
We give no assurance or warranty that information on this site is current, and take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this site.
Copyright in this Website and the Portal rests with HEAL unless otherwise stated.
2.3 No Legal, Medical or Financial Advice
The information posted here should not be considered medical, financial or other advice and is not intended to replace consultation with a qualified professional or specific written confirmation from HEAL in relation to your particular circumstances. We do not answer specific legal, medical or financial questions.
2.4 No Warranties
This Website is provided on an “as is”, “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT or any warranty arising from a course of dealing, usage, or trade practice. No oral advice or written information provided shall create a warranty; nor shall members or visitors to the site rely on any such information or advice. This publication is not intended to be a contract, explicit or implied, and HEAL reserves the right to make changes to the information contained.
2.5 Disclaimer of Liability
The user assumes all responsibility and risk for the use of this Website and the Internet generally. We accept 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 this Website 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 Website; 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.
2.6 Online Conduct
Visitors agree to use the Website only for lawful purposes and are prohibited from posting on the Website 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 Portal area will list the author’s name - no anonymous postings will be permitted.
2.7 Third Party Content
We are distributors (not publishers) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, 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, we expressly disclaim any liability associated with material posted by third parties.
2.8 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 endorsement of us implied by such links. They are for convenience only, as an index in a public library.
2.9 Information Subject to Change
Any information on this Website may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.
2.10 Patient Consent
Any patient information is to be de-identified. HEAL will not be responsible for any failure to de-identify any patient information and the information provider indemnifies HEAL for all claims arising.
Where any medical or other information of patients or third parties is supplied by you, you warrant that you have all required legal consents to supply that information.
3. Security Features
You agree to observe and maintain the confidentiality of all security features relating to use of the Website (including passwords, access arrangements etc.) as notified.
HEAL will not be liable for any unauthorised breach or disclosure of the security features.
You agree to indemnify HEAL (its employees and agents) for any loss suffered or liability incurred by HEAL (its employees and agents) arising from any unlawful, unauthorised or improper access or use of the Website or any breach of these terms by you or your employees, contractors or representatives.
HEAL does not guarantee constant availability of Website or Portal access and accepts no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by ISP or system provider).
6. Links to Other Sites
The Site may contain links to other sites on the internet (“Linked Sites”). HEAL is not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Site or services or information provided via any Linked Site.
7. Security of Information
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.
8. Application of all HEAL Policies
All relevant HEAL policies regulating the conduct and behaviour of members applies to your conduct in this Website and Portal.
9. Governing Law
These terms and conditions will be constructed according to and are governed by the laws of Victoria, Australia.
These Terms and Conditions apply to all workshops, webinars, programs, courses, sessions, conferences and any other events (each an Event), unless the Event has its own specific terms, in which case those terms will apply to the extent of any inconsistency with these.
These Terms and Conditions govern Health Education Australia Limited (HEAL) and each person (delegate, you or your) who is registered or enrolled to attend or participate in an Event. HEAL includes all of its divisions, including the Australian Institute of Clinical Governance (AICG) and its associated by-laws (AICG By-Laws). Website includes both HEAL and AICG websites and any other authorised websites of HEAL.
Please read these Terms and Conditions carefully as they contain important information. You acknowledge that you have read and agree to be bound by these Terms and Conditions upon submitting your registration to HEAL or attending or participating in the Event.
1. Registration and payment
(a) Acceptance of registration is at our discretion. HEAL reserves the right to decline any registration application. If so, HEAL will refund or not process any monies then paid.
(b) HEAL will not consider any registration not accompanied by the required fee (all fees being expressed as GST inclusive amounts) or where it is incomplete. HEAL reserves the right to change the fee at any time but changes will not affect registrations already confirmed.
(c) Goods Services Tax (GST) will be charged in Australia. Where GST is not applicable, this constitutes an administration charge.
(d) Some Events have limited places available. Registration, or attendance where pre-registration is not required, is on a “first-in” basis, unless otherwise determined by HEAL at its discretion.
2. Event changes
(a) HEAL reserves the right at any time to:
(i) Change the format, participants, content, location and timing or any other aspect of an Event.
(ii) Postpone Events or any part of those Events.
(iii) Cancel an Event or any part, and will not be liable for any damages, costs, losses or expenses of any kind incurred or suffered by you in connection with HEAL modifying, postponing or cancelling a course or any part.
(b) If an Event is cancelled or postponed by HEAL and you are unable to attend the rescheduled Event, HEAL will refund the fee in full.
(c) If you seek to cancel your enrolment in an Event, HEAL will refund the fee on the following basis:
For courses or events of three days duration or less (including Clinical Trial Exams):
- More than 4 weeks before the course* or event commences – 50% will be retained
- Four or less than 4 weeks before the course* or event commences or for failing to attend the day/s – 100% will be retained by HEAL
* To be clear, in the case of the AICG Certificate in Clinical Governance (and as the workshop pre reading is available online 4 weeks prior to the workshop) this takes effect from the first workshop date (of the 3 workshops) that is scheduled to be attended.
For courses with a duration in excess of three days:
- More than 2 weeks before the course commences - 10% will be retained by HEAL
- Less than 2 weeks before the course commences - 25% will be retained by HEAL
- Post commencement - no refund will be given.
(d) An Event’s content and program is accurate as at the time of printing. HEAL may make changes to an Event as required, however will use reasonable efforts to provide a program and content of equivalent standard.
(e) Event content is obtained from sources believed to be reputable and reliable. HEAL accepts no liability for any inaccuracy or misrepresentation. This information is not professional advice or a substitute for seeking professional advice, or as a full consideration of particular circumstances faced by the user. Acting in accordance with information provided by an Event does not guarantee discharge of any duty. Participants are expected to exercise their own judgment as to the suitability and applicability of information provided during an Event.
3. Attendee rights and obligations
(a) By registering, you warrant your details as provided are true and correct.
(b) You must comply with any particular conditions, rules, regulations or usage requirements of the Venue or of HEAL in connection with an Event. HEAL will use reasonable efforts to update you on subsequent amendments.
(c) You are expected to behave in a professional and appropriate manner at all Events.
(d) You must comply with all verbal and written directions given by HEAL or the Venue whilst at, entering, or departing the Venue (including without limitation in respect of safety, acceptable conduct and behaviour).
(e) HEAL reserves the right, without any liability, to refuse admission to, or to eject you from an Event, in its absolute discretion, including (without limitation), for failure to comply with these Terms and Conditions or if in the opinion of HEAL you represent a security risk, nuisance or annoyance to the running of an Event.
(f) Photography and the recording or transmitting of audio or visual material, data or information is prohibited at an Event, without HEAL’s prior written consent.
4. Risk management
(a) It is your responsibility to inform HEAL of any special dietary or other requirements you may have, sufficiently in advance to enable HEAL to attempt to accommodate these requirements (or where this is not possible, inform you of such).
(b) You use the Venue and all associated facilities at your own risk. Despite anything else in these Terms and Conditions, HEAL accepts no liability to you or any third party for any loss of or damage to any of your equipment, materials or other belongings brought to the Venue, whether by fire, theft, accident, injury or otherwise.
(c) An Event may include inherently dangerous activities, including the use of specialised equipment. Reasonable assistance will be provided. However, attendees are responsible for their own wellbeing and HEAL accepts no liability for any loss, damage or injury incurred in connection with an Event.
(d) Any liability incurred by HEAL in connection with the Event will be limited to the refund of the fee paid to HEAL. All guarantees, representations, conditions and warranties of any nature are expressly excluded. However, nothing in these Terms and Conditions limits, excludes or modifies or purports to do so, the guarantees as provided under the Competition and Consumer Act (Cth) and the Australian Consumer Law. If these Acts impose any inalienable consumer rights then to the extent of any inconsistency with these Terms and Conditions are to be read down to permit those rights.
(e) To the maximum extent permitted by law, HEAL excludes all indirect or consequential liability and all liability for any loss (including indirect or consequential loss), expense, damage, personal injury or death incurred (whether or not arising from negligence) by you in connection with the Event.
(f) You release HEAL from any action, suits, proceedings, claims, demands, costs and expenses, incurred in connection with our acts, omissions or negligence in connection with these Terms and Conditions or any Event. You further indemnify HEAL its employees, agents, contactors and sub-contractors against, and agree to make good, any action, suits, proceedings, claims, demands, costs and expenses (including legal costs, professional costs and other expenses on a full indemnity basis), incurred in connection with these Terms and Conditions.
5. Privacy statement
(b) You acknowledge you may be filmed, recorded and/or photographed by HEAL, the media or any other party at the Event and consent to HEAL using the film, sound and/or photograph for editorial, promotion, publicity and advertising purposes, unless you explicitly opt out and withdraw your consent in writing.
(a) All materials are produced and communicated to you by or on behalf of HEAL pursuant to Part VB of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.
(c) Copyright of Materials is owned by HEAL or is copyright made use of under licence or applicable law. This information must not be transmitted to any other person or incorporated into any other document or other material without the prior written permission of HEAL.
(d) HEAL owns all title, ownership rights, intellectual property rights and copyright in all of the information and Materials unless expressly stated otherwise. Any reproduction, transmission, publication, performance, broadcast, alteration, licence, hyperlink, creation of derivation works or other use in whole or in part in any manner without the prior written consent of HEAL is strictly prohibited.
(e) No information may be used for commercial or other purpose (except for personal and educational use) unless HEAL gives its prior written consent to such use.
(f) When a user accesses the Materials, the user agrees to do so on the following conditions:
(i) The user may retrieve or review any Material only for that user’s personal information and educational use;
(ii) The user may not use any HEAL Materials for any commercial benefit;
(iii) The user must keep all Material intact and in the same form as presented; it may not be modified without the express permission of HEAL; and
(iv) The user must not use Materials for any purpose which is unlawful or prohibited.
(g) By accessing HEAL’s Materials, each user unconditionally agrees to these Terms and Conditions. The Terms and Conditions may be modified and/or supplemented from time to time by HEAL without notice and you agree that you will continue to accept such Terms and Conditions as amended.
(a) To the extent permitted by law, HEAL excludes all liability for any claims, loss or damage whatsoever and howsoever caused, arising out of or in connection with the Materials.
(b) Whilst every endeavour has been made to ensure the Materials are accurate and up to date as possible, it is recommended that users consult formal texts and guidelines if they wish to use the information, particularly to manage clinical situations. HEAL provides no guarantee, warranty or representation (express or implied) as to the accuracy of the information and by accessing Materials, each user agrees that he/she has undertaken his/her own research and shall not make any claim nor demand upon HEAL in respect of the same.
(c) Any links to third party websites are provided for convenience only and do not represent endorsement, sponsorship or approval of those third parties, any products and services offered by third parties, or as to the accuracy or currency, of the information included in the third party websites.
(d) Whilst HEAL takes care in endeavouring to ensure that its website is free of any virus, worm, Trojan horse and/or malware, HEAL is not responsible for any damage to your computer system which arises in connection with your use of HEAL’s website or any linked website.
(e) By accessing HEAL’s website, you agree to indemnify it and hold it harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of HEAL’s website.
(a) The HEAL website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and HEAL takes no responsibility for the content and the maintenance of or privacy compliance by any linked website. Any hyperlink of HEAL’s website to another website does not imply HEAL’s endorsement, support or sponsorship of the operator of that website nor the information and/or products which they provide. Linking on the HEAL website is not permitted. HEAL reserves the right to serve you with notice to block or disconnect if HEAL becomes aware of such linking.
(a) You may request, in writing, to substitute for another person to enrol in an Event in your place. One substitution is permitted per enrolment. The proposed substitute must review and confirm to HEAL that they meet the enrolment criteria applicable for the Event and that they accept the Terms and Conditions before HEAL will accept the substitution.
(a) From time to time, HEAL may update these Terms and Conditions. The updated Terms and Conditions will apply to all enrolments or registrations from the time of posting on HEAL’s website (and/or notice to you).
(b) If you have any questions or comments regarding these Terms and Conditions please contact HEAL via email at email@example.com.
HEAL Terms and Conditions – last updated 8 September 2021