Terms of Use

These terms of use (“Terms of Use”) between you (“you” or “your”) and the Women’s and Children’s Health Network Incorporated as represented by Digital Media e-Learning (“we”, “us” or “our”) govern the use of this website and our eLearning programs.

We may revise these Terms of Use at any time, without notice, by updating this page. We recommend that you carefully read the then current Terms of Use on every visit to this website.

By using this website and/or eLearning program(s) you agree to the following Terms of Use:

Purchase of eLearning Programs

Payment

You are responsible for payment of any eLearning programs (and any applicable fees and taxes) purchased from this website. We reserve the right to vary our fees from time to time.

Online payments are processed via a secure, 3rd party provider. Organisations can choose to pay via an invoice.

You will not be able to access the eLearning programs without an access key. Payment must be received in full (for an individual or an organisation) before an access key can be issued. Confirmation that your payment has been received, the access key and receipt/tax invoice will be sent to you at the email address you provided.

All prices displayed on this website are inclusive of GST. Your final purchase price may be different depending upon the tax that applies to your delivery location. Where GST is not applicable based on your location, this will be declared in the checkout.

Personal Details

You warrant that all information provided by you in connection with registering for access to our eLearning programs is complete, current, accurate and is not misleading and that you will not misrepresent your identity.

Individual Users

Your access to the eLearning program expires 20 weeks from the date the access key was issued. You will be required to complete the eLearning program within this time or pay to renew your access. A valid email address is required to register on this website.

Key Owners

Key owners will have access to the eLearning program and to an administration dashboard to monitor use of their access keys. All keys expire 20 weeks from the date the access key was issued. There is no refund for keys which have not been utilised within this time period. Multi-access key owners are responsible for the management and distribution of keys to their constituents, and for securing the access keys to avoid unauthorised access. Each individual user accessing the course with a multi-access key is required to have a valid email address. Multi-access key owners are required to comply with the provisions outlined in these Terms of Use, including the provisions relating to Privacy.

Certificates of Completion

We issue a Certificate of Completion upon successful completion of assessment. These are available for download from this website.

You are not permitted to alter user registration details in order to provide a certificate(s) for another person(s).

Organisations are not permitted to issue an alternative Certificate of Completion for this program based on other criteria.

Use of Website & eLearning Programs

Privacy and Security

We are bound by the Government of South Australia’s Information Privacy Principles (IPPs) and are committed to protecting the privacy of personal information.

This website collects and uses a record of your visit and logs of information for statistical purposes. This may include the user’s IP address, date and time of visit to the website, pages accessed and documents downloaded, previous website visited and type of browser used. This information is analysed to determine the website’s usage statistics and improve this program. No attempt will be made to identify an individual user’s browsing activities except where a law enforcement agency exercises a warrant enforcing us to do so.

This website collects and retains personal information required to register in order to access the learning material. Your personal information will be used to supply a Certificate of Completion to users who successfully complete the course, provide participating organisations with lists of staff who have registered and/or completed assessment for the purpose of staff credentialing and/or organisational accreditation. It may also be used to notify you of updates and new learning material produced.

Where you have provided us an email address and we send you an email, we may use a program that tells us when the email that we sent was opened by you.

Personal details are stored in a secure server location and will not be used for any purpose other than those stated in the preceding sentences of this paragraph.

Your personal information will not be disclosed to a third party except in accordance with the IPPs, such as where your consent has been obtained or where disclosure is authorised by law.

Aggregated statistical data which does not contain personal data may be used from time to time to assist in the management and/or evaluation of the e-learning programs, in stakeholder reports, promotional activities and for professional/academic purposes such as conference presentations and in industry or professional journals.

Feedback data collected about each eLearning program is aggregated and is not linked to your personal information. Feedback will be used for the purposes of quality assurance and improvement. They may also be used as part of any evaluation process and/or in promotional material.

We also use Google Analytics to collect information about how people use our website. The information we obtain from Google Analytics helps us understand user needs so that we can offer a better user-experience.

Google Analytics uses cookies to collect information about which pages you visit, how long you are on the site, how you got there (for example from a search engine, a link, an advertisement etc.) and what you select. Information collected by the cookies (including your IP address) is transmitted to and stored by Google on servers in the United States.

By using this website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google. However you may then be limited in your use of some areas of this website.

You should note that there are inherent risks associated with transmission of information via the Internet. Internet communications may be susceptible to interference or interception by third parties. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should utilise this website.

We do not accept any liability for the security, authenticity, integrity or confidentiality of transactions and other communications made through this website.

Report Administrators

We may, in our sole discretion, authorise specific users within an organisation as Report Administrators for the purpose of staff credentialing and/or accreditation.

Report Administrators must be made aware that these reports contain personal information and must be used only for the purposes specified and in accordance with these Terms of Use, your organisation's privacy policies and the requirements of any relevant legislation including the Privacy Act 1988 (Cth).

Information is provided based on the information that a user provides during the registration/edit profile process, and is reliant on this information being accurate and kept up to date. We make no express or implied warranties that the information provided to Report Administrators is complete and/or accurate.

These reports are generated from a live database. Registered users may move between participating organisations and their reported workplace may reflect the location at which assessment was completed or their current workplace location. As such, reports run on different dates for the same period may reflect these differences.

In the event that there is a problem with a report you should contact us immediately.

Copyright

Copyright in this website (including source code, pages, documents, online graphics, audio and video) and the materials included or available on this website (including the e-Learning programs) are managed by Digital Media e-Learning at the Women’s and Children’s Health Network Incorporated and the South Australian Department of Health and Ageing and vested in the Government of South Australia (Minister for Health). Apart from any use permitted by the Copyright Act 1968, visitors to this website are granted a licence to download, display, print and reproduce this material for private use or use within your organisation, for non-commercial purposes only. No licence to publish, communicate, modify, commercialise, alter, or reverse engineer this material is granted. For reproduction or use of the copyright material beyond this limited licence, permission must be sought from us. That permission, if given, will be subject to conditions that will include a requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, either in whole or in part.

You may link to this website from your learning management system or website. However, unless specifically agreed by us in writing, you are not permitted to upload or distribute this material in any form to you or your organisation’s learning management system or website.

No permission to reproduce or use copyright material, other than that expressly stated above is to be implied by the availability of material on this site.

Trademarks used in this site are the property of their respective owners.

Computing Malware

We do not represent or warrant that this website or any other information or material contained in, downloaded or accessible from this website, is free from computer malware (including but not limited to viruses, worms, trojans, spyware, adware) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

Availability of website and e-learning program

The accessibility and operation of this website and the e-learning program relies on internet technologies outside of our control. We do not guarantee that this website or any e-learning program will operate without interruption or be available at all times. We may withdraw completely, or suspend for a period of time, any website and associated services, or access to any website without notice for any reason including, without limitation, where there is an interruption, fault, virus, unauthorised access or other malicious attack on the website or where maintenance or upgrading of a website is required. All disclaimers and limitations of liability will continue after any such withdrawal or suspension. You are advised to complete all requirements in a timely manner.

Termination of Use

If, in our reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to this website. If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. This site is for personal and non-commercial use. You may not use this website to place orders which will be, or are being, sold on to a third party. If you are suspected of using this website in this way then we reserve the right to cancel your access.

Withdrawal and Suspension of Access to Website

We may withdraw this website or access to it, permanently or temporarily for any reason including, without limitation, where there is an interruption, fault, virus, unauthorised access or other malicious attack on our system or where maintenance or upgrading of the system is required.

External Links

This website contains links to a number of other websites. No representations are made as to the availability of those websites and we are not responsible or liable for the content of those other websites. Accessing those other websites is at your own risk. Those websites are included on the basis that they contain related content. These links to other websites are provided for information and assistance only and should not be construed as an endorsement or approval of that website. A user who enters another website should refer to any terms applying to the use of those other websites.

When a user has clicked on a link to another website, they leave this website and the privacy and security statements contained in these Terms of Use do not apply to those websites.

Language Translation

If you use automatic language translation services in connection with this website you do so at your own risk. No representations, express or implied, are made as to the accuracy or usefulness of any translation of the information on this website or any linked website into another language.

Site Changes

The information and data on this website is subject to change without notice. We may revise its material at any time and without notice.

Disclaimer

The information, materials and eLearning programs available from this website are provided for educational purposes only. Whilst the information, materials and eLearning programs available from this website have been carefully prepared by the authors, such information, materials and eLearning programs have not been tailored to any particular patient’s circumstances. The information, materials and eLearning programs may be used as a guide but are not a substitute for current clinical guidelines/evidence and expert opinion in relation to decision making in clinical practice. It is the intent of the authors to provide evidence-based best practice where this exists. Readers are encouraged to seek information and advice regarding local practices in their own institutions.

We and other associated organisations, and authors of the information, materials and eLearning programs available from this website do not make any express or implied representation or warranty in relation to the completeness, accuracy, suitability, fitness for a particular purpose, or currency of the information provided. We and these other persons are not liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss or damages arising in connection with the use or reliance upon the any of the information, materials or eLearning programs available from this website.

Any access to this website or use of any information, materials or eLearning programs available from this website is at your own risk in all things.

Limitation of Liability

Nothing in these Terms of Use excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these Terms of Use to be void.

To the extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with your use of this website or any use or reliance of any information, materials or eLearning programs in connection with this website (including loss of data, performance or non-performance of any services), whether under the law of contract, in tort, in equity, under statute or otherwise including all legal costs is limited to the amount of $10.00 or an amount equal to the total amount of the fees received by us paid by you for use of any e-Learning programs available from this website during the past 12 months, whichever is the greater.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us, and that these limitations are an essential basis to our ability to make this website and the eLearning programs available to you on an economically feasible basis.

Indemnification

You agree to indemnify us from any loss, expense, damage, claim or cost (including legal costs on a full indemnity basis) arising out of your breach of these Terms of Use.

Force Majeure

We will not be in breach of these Terms of Use or liable to you if we fail to perform or delays in performance of an obligation as a result of an event beyond our direct control, including but not limited to internet loss or interruption, data loss or interruption, strikes, industrial disputes, fire, flood, acts of God, war, insurrection, vandalism, sabotage, riot, national emergency, piracy, hijack, terrorism, embargoes, restraints, extreme weather, illness or injury to our personnel, actions or inactions of your personnel, legislation, regulation, order or other act of government or governmental agency.

No Assignment

You must not assign, novate or encumber any of your rights or obligations under these Terms of Use without first obtaining our written consent, which may be given or withheld in our sole discretion.

Entire Agreement

These Terms of Use, as they may be varied from time to time, constitute the entire agreement between us and you with respect to your use of this website and the eLearning programs.

Any reference in these Terms of Use to ‘we’, ‘us’ or ‘our’ also includes our employees, officers, agents and contractors.

Waiver

We will only waive a right under these Terms of Use by written notice to that effect. Nothing else done or omitted to be done by us in relation to our rights under these Terms of Use will have the effect of a waiver.

Severability

If any provision or part of a provision of these Terms of Use is invalid or unenforceable in any jurisdiction:

  1. the provision must be read down for the purposes of the operation of that provision in that jurisdiction, if possible, so as to be valid and enforceable; or
  2. if the provision cannot be read down, it must be severed if it is capable of being severed without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of that provision in any other jurisdiction and the parties must consult in good faith to determine whether any amendment or substituted provision is required.

Proper Law and Jurisdiction of the Courts

The laws in force in South Australia apply to these Terms of Use.

You irrevocably submit to and accept generally and unconditionally the non-exclusive jurisdiction of the courts and appellate courts of South Australia with respect to any legal action or proceedings which may be brought at any time relating in any way to these Terms of Use. Any proceeding brought in a Federal Court must be instituted in the Adelaide Registry of that Federal Court.