Simplicity Medical Training Pty Ltd's Website Terms of Use
Effective date: 1st of June 2024
Simplicity Medical Training Pty Ltd (Website Owner) owns and operates this website (Website). Access to and use of this Website and the services and products available through this Website, including all online courses and any other provided materials (collectively, Services) are subject to the following terms, conditions and notices (Terms of Use). By accessing and using this Website, you agree to be bound by all of these Terms of Use, our Privacy Policy and any other policy on this Website as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. Our Privacy Policy and any other policies on this Website form part of these Terms of Use.
1. Amendments to Terms of Use
1.1. The Website Owner reserves the right to amend these Terms of Use from time to time without notice. Amendments will be effective immediately upon publication on this Website. Your continued use of the Website will represent an agreement by you to be bound by the Terms of Use as amended.
2. Website
2.1. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
3. Linked sites
3.1. This Website may contain links to other websites (Linked Sites), which are not operated by the Website Owner. The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.
4. Privacy policy
4.1. Our privacy policy, which sets out how we will use your information, can be found at https://www.simplicitymedicaltraining.com/privacy-policy. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.
5. Prohibitions
5.1. You must not misuse this Website. You will not:
(a) commit or encourage a criminal offence;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of the Services;
(d) allow any other person to log into and or use your account on this Website or any part of the Services through your log-in details;
(e) on sell any Services or products purchased on this Website;
(f) corrupt data;
(g) cause annoyance to other users;
(h) infringe upon the rights of any other person's proprietary rights;
(i) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
(j) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
5.2. Breaching this provision would constitute a criminal offence and the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
5.3. The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
6. Intellectual property, software and content
6.1. The intellectual property rights in all:
(a) software and content (including photographic images); and
(b) trade marks, logos, icons or brand names identifying the Website Owner, made available to you on or through this Website remain the property of the Website Owner, its licensors or the respective owners and are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved by the Website Owner, its licensors, or the respective owners.
6.2. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise, except where expressly authorised by the Website Owner. Any unauthorised use of the content supplied to you or appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in civil or criminal penalties.
7. Disclaimer of liability
7.1. Our general disclaimer for the access and use of information and resources made available through our Website and Services can be found at https://www.simplicitymedicaltraining.com/disclaimer. In addition to this general disclaimer, specific Services may have additional disclaimers that relate the use the Service. Collectively these (Disclaimers) must be read thoroughly before use of the Services and by using the Services you acknowledge and agree to all terms of the Disclaimers.
7.2. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website and the Services provided through this Website are provided without any guarantees, conditions or warranties (express or implied) as to its accuracy, completeness, reliability, suitability or availability. You agree to use and rely on our Services and the Website entirely at your own risk.
7.3. To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
8. Linking to this Website
8.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
8.2. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
9.1. Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation.
9.2. Any trade marks/brand names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.
10. Indemnity
10.1. You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees on a full indemnity basis) arising from or in connection with your:
(a) use of this Website;
(b) use of the Services provided through this Website; and
(c) breach of the Terms of Use, including any publication or distribution of the content or material on this Website.
11. Purchasing our Services
11.1. You must be eighteen (18) years of age or over, or have obtained the consent of your parent or guardian if you are under eighteen (18) years of age, to order, purchase and access the Services on this Website. You must follow the instructions on our Website which explain how to make an order for our Services before you submit it.
11.2. Once you select the Services that you would like to order and purchase, the price that you must pay including Australian Goods and Services Tax and any other required charges will be shown on the Website at check out.
11.3. You must pay for the Service/s in your order in full at the time of ordering by using the online payment facility on this Website via the payment providers PayPal or Stripe. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. Authorisation checks may be done for credit or debit cards at the time of purchase.
11.4. We are not responsible for the decisions of payment providers to allow you to use their services or provide any warranties or assurances about them.
11.5. Your card details are not saved or stored by us or our Website server.
12. Formation of contract
12.1. When you place an order via our Website to purchase our Services, you may receive an acknowledgement email confirming receipt of your order to the email address you provide. Such an email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the Services will not be formed until we send you confirmation by email that we have accepted your order and will provide you with online access to the Service/s you ordered. Only the Services listed in the confirmation email will be included in the contract formed.
12.2. We may refuse to accept an order from you for any reason in our discretion, including but not limited to if:
(a) we suspect that your order is fraudulent or any payment related fraud;
(b) there has been an error in the price or description of the Service on our Website; and or
(c) we are unable to fulfil your order.
13. Pricing and availability
13.1. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Services, we will correct the error straight away without notice.
13.2. If we are unable to fulfil your order, we will attempt to contact you and cancel the order and you will receive a full refund in the form of the original payment method.
13.3. All prices stated on this Website are in Australian dollars ($AUD) and include Australian Goods and Services Tax, unless otherwise stated. We reserve the right to alter prices at any time for any reason.
13.4. We reserve the right to refuse any order for any Service that you may place based on incorrect information on the Website or withdraw any Service from sale without notice for any reason.
14. Refund Policy
14.1. Please choose the Services that you purchase carefully. In certain circumstances, and dependent on the product, we may provide refunds subject to the Refund Policy in the Product Disclaimer available at the products checkout page.
15. Relevant jurisdiction
15.1. These Terms of Use will be governed by and interpreted in accordance with the law of New South Wales of Australia.
15.2. You agree to the exclusive jurisdiction of the courts of New South Wales of Australia to determine any dispute arising out of these Terms of Use.
16. Variation
16.1. The Website Owner has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
17. Invalidity
17.1. If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
18. Waiver
18.1. If you breach the Terms of Use, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other subsequent breach by you.
18.2. Any waiver of any clause in the Terms of Use must be in writing and executed by the Website Owner.
19. Entire agreement
19.1. These Terms of Use, our Privacy Policy, and any other policy on this Website constitute the entire agreement between you and the Website owner in relation to your use of this Website and supersedes any and all previous agreements with respect to your use of this Website.
20. Complaints
20.1 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or questions by submitting a general enquiry or complaint through the Contact webpage https://www.simplicitymedicaltraining.com/contact.
