Terms of use

[last updated April 2019]

By using this website, our social media pages and other interactive platforms (collectively called our ‘online services’), you are agreeing to be automatically bound by these terms of use, our privacy policy and, if applicable, our members directory terms.

We encourage you to carefully read and understand these terms before using the online services. If you don’t agree, your remedy is to stop using our online services.

We may update our terms from time to time and the new provisions will apply from the date they are updated on our online services.

www.aapm.org.au and our online services are made available by the Australian Practice Management Association Ltd ACN 010 067 615 (‘AAPM’).

Feedback, comments or complaints

If you have any questions, please contact us at nationaloffice@aapm.org.au and we will usually respond to all enquiries within two business days.

No unlawful or prohibited use

As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party's use and enjoyment of our online services. You agree not to hack into areas of our online services that are not intentionally made available to you.

You expressly agree not to:

  • use the online services as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval, including harvesting or otherwise collecting email addresses

· engage in any internal or external spamming, or other similar actions, for example conducting or forwarding surveys, contests, pyramid schemes or chain letters

· engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions

  • decompile, reverse engineer, or try to copy or imitate our online services or underlying content

· defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others

· publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information

· advertise or offer to sell or buy any goods or services for any business purpose, unless specifically allowed by our online services

· download any file posted by another user on our online services that you know, or reasonably should know, cannot be legally distributed in that manner

General Disclaimer

You specifically acknowledge and agree that your use of our online services is at your own risk. Our online services are provided on an “as is” and “as available” basis and without warranty of any kind.

While our vision is for practice management to be universally recognised and valued at the centre of effective health care systems and sustainable businesses for optimal patient outcome, we make no warranty that being a member of AAPM will deliver these outcomes for any particular practice manager or AAPM member.

No advice or information, whether oral or written, obtained by you from AAPM or through our online services will create any warranty, other than as expressly stated in these terms of use.

We make no warranty that the information or education provided via our online services or in person will be accurate, up to date, complete or relevant for any particular use. Use of our online services is at your own risk and you remain responsible for your own compliance with relevant legislation.

If you advertise or partner with AAPM, we make no warranty about the effectiveness, relevancy of audience or reach of the advertising.

Advice received via the online services or in person is general in nature and you should seek specialised professional assistance specific to your situation prior to relying on the information for personal, medical, legal, business or financial purposes.

Promoted Services - disclaimer

If we promote or partner with third party products or services via our online services it is because they have provided sponsorship, donations or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services. We make no warranty about third party services or products and your use of these services or products (if any) is entirely at your own risk.

Links disclaimer

Our online services may contain links to other websites (‘linked sites’). The linked sites are not under our control and we are not responsible for the contents of a linked site. We are not responsible for any form of transmission received from any linked site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the online services, or any association with its operators.

Copyright, Trademarks and other Intellectual Property

AAPM owns the intellectual property rights in the contents of our online services or has permission to use or display the material on our online services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content in whole or in part except as expressly authorised by us. Please contact nationaloffice@aapm.org.au if you require permission to reproduce any of the contents of our online services, including our logo or other images.

Images and item descriptions posted on our online services by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on our online services may be the trademarks of their respective owners. Any example companies, organisations, products, people and events depicted on our online services are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Permission: You may access, download, or print material from the online services for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our online services content or our intellectual property.

Your content

You warrant that you hold the necessary rights and interests to use any material you add to our online services or social media pages (your content) and that your content does not infringe any third party intellectual property rights, including copyright and trade mark rights.

By submitting your content to our online services, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose. You indemnify us against any claims made for breach of intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

Social media rules of engagement

When accessing our social media pages, you agree to comply with these terms of use and rules of engagement for interaction on those services, as well as any terms and conditions imposed by the platform providers.

You agree not to not to upload any content that:

· could be considered prejudicial, racist, off-topic, inflammatory, repetitive, discriminatory, defamatory, vexatious, insensitive, offensive or otherwise inappropriate or unlawful;

· uses abusive, vulgar, harassing, obscene, profane, sexually oriented, threatening language or otherwise violate any law;

· infringes the copyright, trade mark or other intellectual property rights of any party;

· contains private and/or personal information such as phone numbers and email addresses;

· promotes commercial services and products, or causes without our prior approval;

· constitutes spam or could be considered spam;

  • constitutes trolling;

· link inappropriately to other web pages or sites.

We reserve the right to block or remove access to our social media pages, or to edit, delete or remove posts, images or comments at our absolute discretion.

Copyright infringement

If believe that there is material on our online services that infringes third party intellectual property rights, please contact nationaloffice@aapm.org.au with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our online services.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

We make efforts to maintain the security of our online services. However, we do not guarantee the security of the online services, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the online services is dependent upon third party services. As a result, the online services may be inaccessible from time to time.

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our online services in any way, subject to the requirements of Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services.

Indemnity

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

· any content you post via our online services

· your unauthorised use of our online services, or products or services included or advertised on our online services

· your breach of these terms and conditions.

Applicable law

This agreement is governed by the laws of Victoria, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of our online services.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to nationaloffice@aapm.org.au. We may provide notice to you via email or other electronic means.

Use of our online services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our online services is unauthorized, it is your responsibility to stop using our online services.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of our online services.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions together with our privacy policy form the entire agreement between you and us in respect of your use of our online services.

End.