COPYRIGHT, TERMS & CONDITIONS, PRIVACY
© Emergency Trauma Management Pty Ltd (ACN 163 578 498) 2013-14
This website (‘ETM Website’) is protected by copyright. Copyright © and other intellectual property rights in this ETM Website are owned by Emergency Trauma Management Pty Ltd or, in the case of some third party content included in the ETM Website, the third party identified as the owner of that content. No part of this ETM Website may be reproduced, copied, adapted, modified, published, communicated to the public or otherwise used without the prior written permission of Emergency Trauma Management Pty Ltd or, in the case of third party content, without the prior written permission from the owner of the copyright in that content.
TRADE NAMES AND TRADE MARKS
‘ETM’, the ‘Emergency Trauma Management’ name and the ‘ETM Course’ name and logo are owned by Emergency Trauma Management Pty Ltd (ACN 163 578 498).
Emergency Trauma Management Pty Ltd
Ground Floor, 530 Lonsdale Street
Melbourne, VIC 3000
1. These terms and conditions apply to the use of this website and access to and use of ETM Website, and registration for and attendance at Emergency Trauma Management courses. This website is an Australian owned an operated website, and is owned by Emergency Trauma Management Pty Ltd (ACN 163 578 498) (“ETM”), an Australian company which specialises in the development and supply of medical education courses for Medical Professionals. In using this website and/or registering for an Emergency Trauma Management course, you agree to be bound by these terms and conditions.
2.1 In these terms and conditions, the terms set out below shall have the following meaning, unless otherwise stated:
“ETM Website” means the Emergency Trauma Management Course Website as amended and/or updated from time to time.
“Medical Professional(s)” means a person who has undergone specific education and training in the field/s of medicine, nursing, paramedic studies or pre-hospital and retrieval or emergency medical service studies and holds the requisite qualifications and is Registered as a medical professional in the relevant field of medical practice.
“Registered” in respect to a Medical Professional means a person who is registered and / or certified to practice as a medical professional by the relevant statutory body, medical registration body, specialty college, medical defence association or other body relevant to their medical specialty and / or level of practice that governs medical professionals in their country, state, territory or province.
3. Amendments to Terms and Conditions
3.1 ETM reserves the right to amend these terms and conditions from time to time. Amendments will be effective upon notification on this website.
4. Emergency Trauma Management Course
4.1 The Emergency Trauma Management Course (‘ETM Course’) is a 3-day, face to face medical education course provided by Emergency Trauma Management Pty Ltd.
4.2 Registration for, and attendance at the ETM Course is restricted to Australian and New Zealand registered medical practitioners in their 2nd or later postgraduate year.
4.3 Registration is only complete once full payment has been received by ETM and entitles the registrant to a single person course participant place at the selected ETM Course.
4.4 The course price includes morning tea, lunch and afternoon tea on each course day, as well as a single evening social function. The course price does not include travel, accommodation, car-parking or any other expenses incurred by registrants related to their attendance at or registration for a course provided by ETM.
5.1 All prices are shown in Australian dollars ($AUD) and include 10% GST. Payments must be received in Australian currency.
5.2 Prices for the ETM Course are subject to change without notice
5.3 Payment for registration for an ETM Course is due at the time of registration. Failure to pay at the time of registration will result in an incomplete registration.
5.4 Once a course has reached capacity of paid registrants, registration will be closed, and any registrants who have registered but not paid (incomplete registrations) will be unable to complete registration for, or attend that particular ETM Course.
5.5 In the event of new places on the ETM Course becoming available (due to withdrawals or cancellations), ETM reserves the right to re-open registration for that course.
5.6 ETM will take reasonable steps to notify registrants with incomplete registrations that places have become available on their preferred course, however ETM will not reserve, hold, set-aside or otherwise guarantee any places on an ETM Course for any registrant.
5.8 If the payment method for an ETM Course is by credit or debit card and payment is not received by ETM from the card issuer or its agents, you agree to pay all amounts due upon demand by ETM.
5.9 Your card issuer’s agreement governs your use of your designated card in connection with ETM, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
6. Cancellations, Transfers & Certification
Emergency Trauma Management Course
6.1 Cancellations are eligible for a partial refund as per the following conditions:
- Greater than 28 days from course start date: full refund minus $600 cancellation fee
- Within 28 days are not available and no refund will be provided
6.2 Non-attendance at/failure to attend a course will be treated as a cancellation within 28 days and no refund will be given.
6.2.1 Nurse Observers
Nurse observers are eligible for a partial refund as per the following conditions:
- Greater than 28 days from course start date: full refund minus $275 cancellation fee
- Within 28 days are not available and no refund will be provided
6.3 Transfer to a new course date is subject to availability.
6.4 Requests for transfer to a new course date must be received in writing via email to firstname.lastname@example.org no later than 28 days prior to the original course commencement date and will incur a $600 transfer fee.
6.5 Requests for transfer received within 28 days of the course commencement date will be treated as a cancellation (as per Section 6.1) and no refund will be provided.
6.6 Transfer of course places from one individual (primary participant) to another individual (secondary participant) are permitted no later than 14 days from the course start date under the following conditions:
- It is the responsibility of the primary participant to find another individual (secondary participant) to take their place
- The secondary participant’s full registration information must be supplied to ETM no later than 14 days prior to the course commencement date, including: name, address, email address, mobile phone number, medical rank, specialty, place of work, dietary requirements and allergies.
- The secondary participant will be invoiced for and agrees to pay the full course fee to ETM prior to the course commencement date.
- Transfer of the course place to the secondary participant will not occur until payment of the full course fee is received and places will not be held pending payment.
- The primary participant will receive a full refund minus a transfer fee of $600.00 upon receipt of payment by the secondary participant
- Secondary participants cannot transfer their place to another person – cancellations/requests for transfers by secondary participants will receive no refund.
6.7 Participants who cancel or request course date transfer for a second or subsequent time (regardless of when the cancellation/transfer request occurs) will receive no refund. In this circumstance payment of the full course fee again will be required to secure a place on the course.
6.8 Notification of cancellation or transfer requests must be received in writing via email sent to: email@example.com within the aforementioned timeframes to be eligible for a refund or transfer of course place.
6.9 To be eligible for certification the ETM Course must be completed in full in one attendance. Partial attendance across multiple dates is not permitted.
6.10 A course certificate will be issued to participants who successfully complete all course assessment requirements.
6.11 Certificates of attendance will not be issued for participants who attend but do not successfully complete all course assessment requirements.
ED Procedures Courses (FACEM Critical Procedures & Junior Doctors Procedures Courses)
6.12 Cancellations occurring greater than 28 days from the course start date are eligible for a full refund minus a $100.00 (AUD) administration fee, or transfer of the full course fee to another course date (depending on availability) at no charge.
6.13 Cancellations occurring within 28 days of the course start date will result in forfeit of the full course fee and receive no refund.
7. ETM Course Manual
7.1 The ETM Course Manual is only available in website format at: http://manual.etmcourse.com
7.2 Paid registrants for the ETM Course will receive 2 years unrestricted access to the manual website and will be sent login information including a username and password after payment has been received.
7.3 Use of the ETM Course manual is governed by separate terms and conditions which can be viewed at: http://manual.etmcourse.com/copyright/
8. ETM Website Information
8.1 You agree to use the ETM website for lawful purposes only.
8.2 ETM derives its information from sources which it believes to be accurate and up to date as at the date of publication of the ETM Website and other information on this website. ETM does not warrant that the ETM Website and other information on this website is accurate, current or complete or fit for purpose, at all times.
8.3 ETM reserves the right to modify, replace and update the ETM Website and other information on this website, at any time, without notice.
8.4 ETM does not warrant that your access to that ETM Website and the information on this website will be uninterrupted, timely or secure.
9. ETM Website and ETM Course Warnings and Disclaimers
9.1 The ETM Website is designed to only be used by Medical Professionals and as a reference source for the ETM Emergency Trauma Management courses. ETM recommends that Medical Professionals undertake the Emergency Trauma Management courses delivered by ETM prior to or in conjunction with using the ETM Website.
9.2 WARNING: The ETM Website and ETM Course may contain graphic medical images and videos intended solely for use by Medical Professionals. ETM will not be liable for any distress or psychological harm or loss or damage suffered (including economic loss) by any person who views the graphic medical images and videos contained in ETM Website by making unauthorised access to this website or accesses this website in contravention of these terms and condition.
9.3 The ETM Website and/or the ETM Course Manual and/or the ETM Course content are not designed to replace your clinical skill and judgement as a Medical Professional in dealing with specific medical emergencies. You should only use the information contained in the ETM Website and/or the ETM Course Manual and/or the ETM Course that is appropriate to your level of training, education, skill and experience as a Medical Professional.
9.4 ETM Website and/or the ETM Course Manual and/or the ETM Course content are not designed to be a substitute for or alter the medical, clinical and/or emergency procedures and practices as proscribed or specified by the relevant statutory body, medical registration body or organization, specialty college, workplace, employer, medical defence association, medical indemnity insurance provider or other body relevant to your medical specialty and / or practice.
9.5 You should not alter your practice based on the information contained in the ETM Website and/or the ETM Course Manual and/or the ETM Course content if this action could result in you acting outside of your registered scope of practice as defined by the relevant statutory body, medical registration body or organization, specialty college, workplace, employer, medical defence association, medical indemnity insurance provider or other body or organisation relevant to your medical specialty and / or practice as a Medical Professional. You are responsible for ensuring that any alteration of your practice based on information contained in the ETM Website and/or the ETM Course Manual and/or the ETM Course content is compliant with all the requirements of the aforesaid mentioned bodies or organisations.
10. Other Warnings and Disclaimers
10.1 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
10.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or software or result in loss of data. ETM does not accept responsibility for any interference or damage to your computer system, software or loss data which arises in connection with your use of the website or any linked website.
10.3 Whilst ETM has no reason to believe that any information contained on this website is inaccurate, ETM does not warrant the accuracy, adequacy or completeness of such information, nor does ETM undertake to keep this website updated. To the extent permitted by law, ETM does not accept responsibility for any loss or damage suffered by you as a result of reliance upon the accuracy or currency of information contained on this website.
10.4 Where the information made available on this website and/or as a part of the ETM Website contains content, opinions or advice by third parties, such content, opinions and advice remain the responsibility of those third parties. ETM does not warrant or guarantee the accuracy, completeness or usefulness of third party content, opinion or advice or its fitness for any particular purpose.
10.5 Where the information made available on this website contains opinions or judgements of third parties, ETM does not purport to endorse the contents of that opinion or judgement nor the accuracy or reliability of that opinion or judgement. To the extent permitted by law, ETM does not accept liability for any loss or damage caused by your reliance upon such information obtained through this website and the ETM Information Service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
11. Exceptions to Disclaimers
11.1 The disclaimers contained in these terms and conditions are not intended and shall not be construed as excluding, restricting or modifying any liability of ETM arising under laws applicable to these terms and conditions if the law and/or such liability, cannot be lawfully excluded.
12. Non Excludable Statutory Guarantees and Remedies
12.1 Nothing in these terms and conditions is intended or shall be construed as excluding, restricting or modifying any guarantees or any rights or remedies conferred on you or any liability imposed on ETM by the Competition and Consumer Act 2010 (Cth) and similar laws of the States and Territories of the Commonwealth of Australia (“Consumer Laws”) and any other laws applicable to this Agreement with respect to the supply of the ETM Website or any other goods or services supplied to the you by ETM, if the law in question may not lawfully be excluded, restricted or modified.
13. Exclusions and Limitation of Liability
13.1 To the full extent permitted by law, ETM excludes all representations, guarantees, warranties or terms (whether express or implied or conferred) other than those expressly set out in these terms and conditions.
Non Excludable Statutory Guarantees – Limitation of Liability:
13.2 Where the ETM Website and/or the ETM Course Manual and/or the ETM Course content or any other goods supplied by ETM to you fail(s) to comply with any statutory guarantee conferred by the Competition and Consumer Act 2010 (Cth), Consumer Laws and any other laws applicable that cannot be lawfully excluded, restricted or modified, ETM’s liability for failure to comply with any such guarantee (other than a guarantee under section 51, 52 or 53 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and other Consumer Laws) shall be limited at the option of ETM to one or more of the following:
(a) the replacement of the goods or supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the costs of having the goods repaired.
13.3 Where the ETM Website and/or the ETM Course Manual and/or the ETM Course content or any other services supplied by ETM to you fails to comply with any statutory guarantee conferred by the Competition and Consumer Act 2010 (Cth), Consumer Laws and any other laws applicable that cannot be lawfully excluded, restricted or modified, ETM’s liability for failure to comply with any such guarantee shall be limited at the option of ETM to one or more of the following:
(a) the supplying of the services again; or
(b) the payment of the costs of having the services supplied again.
Exclusion of Liability
13.4 Subject to clauses 11 to 13.3 above and to the extent permitted by law, ETM will not be liable to you in respect of any direct or indirect loss or damage (including consequential loss or damage, economic loss and/or third party claims) however caused or arising (including negligence or other tortious acts, any other acts or omissions, breach of these terms and conditions or contravention of any applicable laws) which may be suffered or incurred or which may arise directly or indirectly in respect of the use of ETM Website and/or the ETM Course Manual and/or the ETM Course content or reliance on information contained on or accessed through the ETM Website and/or the ETM Course Manual and/or the ETM Course content
13.5 The limitation of liability contained in the abovementioned clauses does not exclude or limit any of ETM’s liability under Part 3-5 of Schedule 2 to the Competition and Consumer Act 2010 (Cth).
14. Ownership of Copyright in website
14.1 The ETM Website and all information and content form part of the ETM Information Service (including the website, website design, graphics, logos, icons, videos, photographs, recordings, software, data and databases, course information, timetables, teaching plans, slide presentations, assessment documents and other documents provided as part of the ETM Course) (“ Works”) and is protected by copyright.
14.2 Copyright in the Works is owned by ETM or the third party identified as the owner of the relevant Works.
14.3 In the case of those part of those part of the Works, where the copyright is owned by third parties, ETM has obtained licenses or permissions from third party owners.
14.4 Except as expressly permitted by the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not in any form or by any means directly or indirectly:
(a) Reproduce, copy, print, adapt, display, publish, distribute, and transmit via the internet or other electronic devices the Works or any parts thereof;
(b) Create derivative works from any part of this website or the Works; or
(c) Sell, supply, license or otherwise commercialise any information, products or services obtained from any part of this website or the Works;
without ETM’s prior written permission or, in the case of third party material, without the prior written permission from the owner of the copyright in that material.
15. Trade Mark Ownership and Prohibitions of Use
15.1 The trade marks and logos (“Trade Marks”) displayed on this website and on the ETM Website are the property of and owned by ETM or other parties as stated.
15.2 You must not use any of the Trade Marks for any purpose (including as a domain name, company name, business name or part thereof or as a hyperlink or metatag or part thereof on other pages or websites on the internet) without the prior written permission of ETM or the third party owner of the Trade Marks.
15.3 You must not use any of the Trade Marks to disparage or in a manner that disparages ETM, the ETM information Service, the ETM Website and/or the ETM Course Manual and/or the ETM Course content (including this website).
16. Confidential Information Communications with Members
16.1 Except as required by law, ETM will maintain the confidentiality of all member communications which contain confidential personal information of the member and which has been transmitted directly to ETM on a confidential basis. ETM may use and disclose the confidential personal information of a member to subsidiaries, agents, licensees or distributors of ETM for any purpose whatsoever related to its business.
17. Security of Information
17.1 No data transmission over the Internet can be guaranteed as totally secure. ETM does not warrant and cannot ensure the security of any information which you transmit to ETM. Accordingly, any information which you transmit to ETM is transmitted at your own risk. Once ETM receives your transmission, ETM will take reasonable steps to keep the information secure.
18. Linked Websites
18.1 This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
18.2 ETM is not responsible for the content or privacy practices associated with linked websites, unless the linked websites are owned by ETM.
18.3 ETM’s links with linked websites should not be construed as an endorsement, approval or recommendation by ETM of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extend stipulated to the contrary.
19. Governing Law
19.1 These terms and conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
20.1 You must not transfer, assign, sub-licence or otherwise deal in any other way with any of your rights conferred by your membership of the ETM Information Service.
20.2 ETM accepts no liability for the website and ETM Website not being accessible or for any failure to comply with these terms and conditions, where such inaccessibility or failure is due to circumstances beyond the reasonable control of ETM.
20.3 If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
21. Acceptance of Terms and Conditions (by clicking on the Accept Icon)
- Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Use of Information
Collecting information on Registered members
- As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by contacting us.
Credit Card Details
- Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.
- Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
- We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
- We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
- However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
- In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Collecting Information from Users
- IP Addresses
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
- Cookies and Applets
This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
Access to Information
- We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
- In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Links to other sites
- We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
Problems or questions
- For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site; http://www.privacy.gov.au/.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Emergency Trauma Management Pty Ltd
530 Lonsdale Street
Melbourne VIC 3000
This document was last updated on December 30th, 2014