IMH – Terms and Conditions of Usage

IMH Terms and Conditions of Usage

  1. Terms and Conditions of Usage
    1. Integrative Medicine Hub Pty Ltd (IMH, Us, Our) (ACN 643807685) owns and operates the Websites and IMH App.
    2. These Terms govern the person, organisation or entity when You access and use the Websites (whether or not on a paid basis) or the IMH App or obtain services from IMH.
  2. Acceptance of these Terms
    1. The Terms must be carefully read and understood by You.
    2. IMH may amend the Terms at any time with changes being made available to You through the Websites.
    3. By accessing the Websites (either on a paid or unpaid basis), by downloading, installing, accessing or using the App or by engaging us to provide services to You such as:
      1. attending face to face educational seminars or events;
      2. attending online educational seminars or events;
      3. accessing the Websites;
      4. accessing services developed and released by IMH from time to time;
        You acknowledge and agree that You have read, understood and agreed to these Terms.
    4. If You disagree to one or more of these Terms, You must not use the IMH App, access the Websites or obtain services from IMH.
  3. Definitions
    1. 'Content and Services' means all material located on the Websites and depending on the level of Subscription paid may include Free Content, Continuing Professional Development, IMH Courses or some or all of the listed items.
    2. 'Confidential Information' includes confidential information about You, Your business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology and other information of either party whether or not such information is reduced to a tangible form or marked in writing as ‘confidential’.
    3. ‘Continuing Professional Development Content’ and ‘CPD’ means online educational content provided by IMH to Professional and Premium Subscribers on a variety of healthcare related topics aimed at providing You with the continuing professional development education.
    4. ‘CPD Hours/Points’ means those hours, minutes and occasionally points or outcomes recorded for attending CPD material.
    5. ‘CPD Organiser’ is an online electronic tool provided by IMH in Your CPD account to record Your CPD Hours/Point.
    6. 'Corporate Subscriber' means an organisation or entity that has entered into an agreement with IMH to provide Educational Services to their employees.
    7. ‘Educational Services’ means access to Content and Services on the Websites.
    8. ‘Employee’ and 'Employee Subscriber' means those persons who are entitled to have their Subscription paid by a Corporate Subscribers and may include contractors.
    9. ‘Employee Subscriber's CPD Organiser’ is an online electronic tool provided by IMH in Your CPD account to record Your CPD Hours/Point.
    10. 'Force Majeure' means any and all circumstances beyond our reasonable control including acts of God, labour disputes, changes in law, regulation or government policy, fire, earthquake, flood, insurrection, riots, war, sabotage, embargo, epidemics or pandemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain power required for equipment which includes server downtime under any circumstances.
    11. ‘Free Content’ means identified articles and videos or other material identified by IMH from time to time for those Registered Members who do not have a Subscription.
    12. ‘IMH Course’ means educational content on a variety of healthcare related topics developed and offered by IMH but does not include CPD content.
    13. ‘IMH Course Fee’ is a fee payable by the Professional Subscriber for the educational content on a variety of healthcare related topics developed and offered by IMH but does not include CPD content.
    14. 'IMH App' means the IMH mobile application including the Content and Services available on that App and any other mobile App released by IMH from time to time.
    15. 'Intellectual Property' includes any and all present and future rights to intellectual and industrial property throughout the world and includes all copyright and analogous rights, all rights in relation to registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, business names, company names or internet domain names, concepts, ideas, data or formulae, processes and secret processes, information, trade secrets, trade names, circuit layouts, inventions (including patent rights), patents, improvements, discoveries and all Confidential Information connected or related to the Websites.
    16. ‘Information’ and ‘Personal Information’ means all and any information given by You to IMH and includes but is not limited to name, age, address, phone details, proof of Your qualifications, current membership with Your professional association, CPD, credit cards, apple pay or any other payment mechanism used by You to pay for the IMH Subscription which is complete, current and accurate information.
    17. Premium Subscriber means a Professional who has paid subscription services access to all Content and Services offered on the Websites and includes access to Continuing Professional Development Content and IMH Courses.
    18. 'Professional’ means a person who is a listed health professional (s.42AA of Therapeutic Goods Act 1989 (C’th) (the Act)) or a listed health practitioner (s. 3(1) of the Act) and has a current professional association membership.
    19. ‘Professional Subscriber’ means a Professional who has paid subscription services access to most Content and Services offered on the Websites and includes access to Continuing Professional Development Content but does not include IMH Courses.
    20. 'Registered Member' means a person who has registered on the Websites to use Free Content and Services but who is not a Subscriber or a Visitor.
    21. 'Survey, Polls or Research' means an opinion poll, survey or research (analytical or other) conducted by IMH through its Websites by IMH or its third party provider and includes Your responses to those surveys or polls and research in a de-identified format may be provided to You at the absolute discretion of IMH.
    22. ‘Server’ means the IMH server that enables administration of accounts and performs other services as specified in software documentation.
    23. ‘Subscription’ and ‘Subscription Fee’ is a payment made by You to access IMH Content and Services which is paid by:
      1. a Corporate Subscriber for its Employee Subscriber; or
      2. a Professional Subscriber; or
      3. a Premium Subscriber to IMH on a monthly or annual basis but does not include a Registered Member who is entitled only to Free Content.
    24. ‘Subscriber’ means Corporate Subscriber, Professional Subscriber or Premium Subscriber to IMH on a monthly or annual basis but does not include an Employee Subscriber, Registered Member or Visitor.
    25. ‘Terms’ includes the:
      1. All Terms in this Website usage agreement;
      2. IMH Code of Conduct;
        1. IMH Privacy Policy which together constitute Your Terms of usage on the Websites.
      3. ​‘You, Your’ depending on the context in which the term is used throughout this Agreement, means a Visitor, Registered Member, an Employee Subscriber; Corporate Subscriber, a Professional Scriber, Premium Scriber or such subscriber as defined under the Agreement from time to time.
    26. ‘Visitor’ means a person who visits the Websites, does not register as a Registered Member or Subscriber but who may access Content and Services that does not require any form of subscription or registration.
    27. 'Websites' means www.imh.education IMH URL, IMH App or other electronic platforms released by IMH from time to time.
  4. Agreement between You and IMH
    1. To access or use the Websites and its Content and Services You must be older than 18 year of age. If IMH detects You are in breach of this clause IMH will immediately and without notification to You have the right to delete Your account.
    2. You acknowledge and agree that:
      1. You possess the legal capacity to enter into these Terms and agree to comply with all the Terms as detailed in this document;
      2. You will not use the Webs for any purpose that is prohibited in the Terms;
      3. All Information You provide to IMH by You is true, accurate and current;
      4. On downloading, installing, accessing or using the Websites that any and all use of the Websites is done in strict compliance with these Terms;
      5. You will not disrupt damage or interfere with the Websites, any network, equipment or software in connection with the Websites in any way whatsoever;
      6. You are responsible for ensuring that Your use of the Websites does not breach any applicable Terms with Your wireless service provider or mobile service provider or any other agreement which relates to accessing the Websites;
      7. Your use of the Websites may be interrupted or otherwise affected during such times as IMH may occasionally need to carry out maintenance, repairs or introduce new functions and facilities to the Websites.
    3. You acknowledge and agree that:
      1. IMH may reserves the right to refuse to accept You or any person, organisation or entity to access the Websites without giving any reason for such refusal;
      2. IMH will maintain and update the Websites and any materials in or on the Websites without notice to You using all reasonable endeavours to keep the Websites available to You;
      3. IMH is not liable to You if the Websites are unavailable for any period of time. IMH makes no warranty that Your access to the Websites will be uninterrupted, timely or error-free;
      4. IMH is not responsible for any interruptions in internet services provided to You from Your carrier or internet service provider;
      5. IMH does not warrant that the functions contained in any materials on the Websites or Your access to the Websites will be error free, that any defects will be corrected, that the Websites or the Servers which store and transmit material to You are free of viruses or any other harmful components;
      6. IMH has the right to either temporarily or permanently suspend or withdraw Your access to the Websites at any time, including without notice if You breach any of these Terms;
      7. where You breach the Terms, IMH may impose restrictions on Your access to the Websites;
      8. Where IMH impose restrictions on Your access to the Websites You acknowledge and agree You will not attempt to use the Websites under any other name or on any other mobile device.
  5. Content and Services provided on Websites

    You acknowledge and agree that:
    1. You are solely responsible for determining the suitability of any of the Content and Services and Your reliance on any information that is provided to You through Websites, Content and Services are at Your own risk.
    2. Given the nature of scientific advancements new evidence may emerge which may (in whole or in part) alter the correctness of the Content and Services on the Websites. It therefore remains Your responsibility to verify all information presented to You on the Websites prior to You using it all clinical settings.
    3. All Content and Services available on the Websites is dated at the time the Content and Services was made available on the Websites.
    4. IMH accepts no liability for the performance and exercise of Your work duties or professional skills. The Content and Services is for Your general information and educational purposes which may assist You in satisfying Your Continuing Professional Development requirements.
    5. The Content and Services does not take into account the circumstances, physical wellbeing, mental status or medical requirements of any one particular person which together or separately may be relevant in the correct diagnosis and treatment of a health condition.
    6. The Content and Services is not at any time a replacement for the services or advice of a qualified health professional engaging in the provision of evidence based care within a specific context.
    7. IMH expressly advises that You must not disregard or advise others to disregard medical advice or delay seeking medical advice because of the Content and Services on the Websites.
    8. IMH does not warrant to the accuracy of information provided by any third party and accepts no liability for any loss or damage which You may suffer in reliance on it.
    9. If You access another site via clicking on a link contained in or on our Websites then the terms and conditions applicable to that website govern Your use of that clicked link and site. This means IMH does not warrant to the accuracy of information provided on the third party website and accepts no liability for any loss or damage which You may suffer in reliance on it.
    10. IMH uses reasonable endeavours to ensure that all Content and Services is complete and accurate at the time the Content and Services were make available on Websites, IMH does not accept any responsibility for any error, omission or defects contained in the Content and Services.
    11. If You apply to access the Websites as a Registered Member You are entitled to access only Free Content and Services.
    12. If You visit the Website and do not register as a Subscriber or Registered Member You are entitled to access limited Content and Services as deemed appropriate by IMH.
  6. IMH Membership Types

    Registered Member
    1. You may apply to be a Registered Member of any Websites by providing IMH with Your Information after which time a Registered Member account will automatically be created for You.
    2. You acknowledge and agree that:
      1. All Information You to provide IMH is complete, current and accurate personal information and that You will keep this personal information up to date.
      2. You are liable for all activity on Your account.t
      3. You agree to keep Your account details confidential, take sole responsibility for any activities or actions under Your account whether or not those activities or actions have been authorised by You.
      4. You must immediately notify us of any unauthorised use of Your account.
      5. You are only entitled to access Free Content and Services.

        ​
    3. Professional Subscribers
      ​To subscribe as a Professional Subscription Services to access Content and Services You must be a Professional who can provide IMH with:
      1. Your proof of qualifications;
      2. Current membership with Your professional association;
      3. Your Personal Information.
         
    4. You acknowledge and agree that:
      1. All information is complete, current and accurate information and You will keep this information up to date on the Websites;
      2. You are liable for all activity on Your account;
      3. You agree to keep Your account details confidential, take sole responsibility for any activities or actions under Your account whether or not those activities or actions have been authorised by You.;
      4. You must immediately notify Us of any unauthorised use of Your account;
      5. You remain liable for the payment of Your Professional Subscription in accordance with the clause.
    5. Upon confirmation of:
      1. Your proof of qualifications;
      2. Current membership with Your professional association;
      3. Payment of Your Professional Subscription in accordance with this clause IMH will approve Your Subscription within three (3) business days and email Your Professional Subscribers account details of receiving this information.
    6. You acknowledge and agree that
      1. Your rights under a Professional Subscription are enforceable for the duration of subscription only.
      2. Your rights under a Professional Subscription are:
        1. to access Content and Services on the Websites including video library, articles, podcasts, webinars and Continuing Professional Development material but does not include unpaid access to IMH Courses.
        2. to exercise all rights provided to Subscribers of the Websites depending on Your level of Subscription.
      3. Where You wish to access an IMH Course You may access that individual course once the IMH Course Fee is paid.
    7. Premium Subscribers
    8. To subscribe as a Premium Subscription to access Content and Services You must be a Professional who can provide IMH with:
      1. Your Personal Information.
      2. Current membership with Your professional association;
      3. Your proof of qualifications;
    9. You acknowledge and agree that:
      1. All information is complete, current and accurate information and You will keep this information up to date on the Websites;
      2. You are liable for all activity on Your account;
      3. You agree to keep Your account details confidential, take sole responsibility for any activities or actions under Your account whether or not those activities or actions have been authorised by You.
      4. You must immediately notify us of any unauthorised use of Your account.
      5. You remain liable for the payment of Your Professional Subscription in accordance with this clause.
    10. Upon confirmation of:
      1. Your proof of qualifications; and
      2. Current membership with Your professional association; and
      3. Payment of Your Premium Subscription in accordance with this clause IMH will approve Your Subscription within three (3) business days and email Your Premium Subscribers account details to You.
    11. You acknowledge and agree that
      1. Your rights under a Premium Subscription are enforceable for the duration of subscription only.
      2. Your rights under a Premium Subscription are:
        1. to access Content and Services on the Websites including video library, articles, podcasts, webinars and Continuing Professional Development material including all IMH Courses.
        2. to exercise all rights provided to Subscribers of the Websites depending on Your level of Subscription.
    12. Corporate Subscriber
    13. If You are a Corporate Subscriber and wish Your Employee to become a Professional or Premium Subscriber, You the Corporate Subscriber must provide IMH with the Professional’s credentialing documents which includes the following:
      1. Their proof of qualifications;
      2. Their current membership with a professional association;
      3. Their Personal Information
        ​then depending on the level of Subscription You the Corporate Subscriber for Your Employee Subscriber being either:
      4. Professional Subscriber; or
      5. Premium Subscriber
        ​Following confirmation of the Professional credentialing access to the Websites will be provide to Employee Subscriber within three (3) business days of receiving this information.
      6. During the Subscription period Your Employee Subscriber is not personally liable to pay the Subscription Fees which is paid by the Corporate Subscriber.
    14. As a Corporate Subscriber You may:
      1. access and view an Employee Subscriber's CPD Organiser;
      2. access and view relevant personal details for the period during which the Employee Subscriber Subscription is paid by You the Corporate Subscriber;
      3. allocate CPD related activities to the Employee Subscriber and track their progress regarding those activities;
      4. access reflections entered by the Employee Subscriber on the Websites during the Subscription period;
    15. Where the Employee Subscriber is no longer associated with the Corporate Subscriber, the Corporate Subscriber must immediately inform IMH of this change and IMH will discontinue the Employee Subscription and provide a refund of the Subscription in accordance with clauses 8.6 or 8.7 whichever is applicable.
    16. Employee Subscriber
      1. If You are a Professional whose credentialing includes the following:
        1. Your proof of qualifications;
        2. Current membership with Your professional association;
        3. Your Personal Information
          ​and Your employer:
        4. Is a Corporate Subscriber who has provided Your credentialing to IMH.
          ​then depending on the level of Subscription paid by Your Corporate Subscriber You are considered an Employee Subscriber who may have a:
        5. Professional Subscriber; or
        6. Premium Subscriber
          ​access to the Websites which will be provided to You within three (3) business days of receiving this information.
      2. While You are an Employee Subscriber You will not personally liable to pay the Subscription Fees which is paid by the Corporate Subscriber.
      3. As an Employee Subscriber You acknowledge and agree that the Corporate Subscriber may:
        1. access and view an Employee Subscriber's CPD Organiser;
        2. access and view relevant personal details for the period during which the Employee Subscriber Subscription is paid by the Corporate Subscriber;
        3. allocate CPD related activities to You and track Your progress regarding those activities;
        4. access reflections entered by You on the Websites during the Subscription period;
      4. Where You cease to be Employee Subscriber You are required notify IMH that You are no longer associated with Your Corporate Subscriber and IMH will discontinue Your Employee Subscription;
      5. If You wish to retain access to the IMH Content and Services You will need to apply for a Professional Subscription or Premium Subscription;
      6. If You have an existing annual Professional Subscription or Premium Subscription and You become an Employee Subscriber then if Your Professional Subscription or Premium Subscription:
        1. Is an annual subscription and has greater than 90 days of the term remaining You are required to inform IMH and IMH will refund the proportion of Your annual fee that You will not use;
        2. Is monthly Subscription then You are required to provide IMH with 30 days' notice of cancellation of Your monthly subscription.
  7. Online CPD Content and CPD Organiser
    1. Subject always to Your Subscription access, as a part of the Content and Services accessible on the Websites IMH provides You with CPD Content which is recorded in CPD Hours/Points on Your CPD Organiser.
    2. Subject always to Subscription access, online CPD Content is available in different formats and is accessible on the Websites only.
    3. Your ability to access, view and use the online CPD Content is subject to Your operating system or device having the capability to download or view (as the case may be) the online CPD Content in its uploaded format.
    4. Professional and Premium Subscribers are able to:
      1. plan, document and evaluate their CPD Hours/Points.
      2. record their educational qualifications using the CPD Organiser.
      3. print a report outlining their accumulated CPD Hours/Points and continuing professional development progress and enable each Professional and Premium Subscriber the means by which they can provide their credentialing body the CPD Hours/Points.
    5. IMH recommends Professional and Premium Subscribers print a hard copy of Your continuing professional development information from time to time and that You regularly back-up Your continuing professional development information to protect it against unexpected loss.
    6. Except in the case of Employee Subscribers, a CPD Organiser is private to each Subscriber and only the relevant Subscriber can access their own CPD Organiser.
    7. In the case of an Employee Subscribers the relevant Corporate Subscriber linked to the Employee Subscribe can access the Employee Subscriber's CPD Organiser for the period of that Subscription only.
    8. All Employee Subscriber, Corporate Subscriber, Professional and Premium Subscribers must not modify, decompile, reverse engineer, adapt, distribute, disseminate, copy, duplicate, make error corrections or otherwise commercialise the CPD Organiser (including its software or source code) or any other Content or Services available on the Websites.
    9. Employee Subscriber, Professional and Premium Subscriber acknowledge and agree that IMH is not liable for any loss of data pertaining to Information stored on the CPD Organiser as a result of a malfunction or error of the CPD Organiser or the Websites and You agree to indemnify and hold us harmless against any damage, harm or loss that You suffer as a result of such data loss, or our inability to provide CPD Organiser reports due to technological conditions outside of our reasonable control.
    10. As part of Your Subscription You acknowledge and agree IMH may send You regular email notifications of forthcoming educational programs and activities run by IMH that could assist You to accrue CPD Hours/Points.
    11. To opt out of receiving IMH emails You can click on the email unsubscribe link and no further IMH emails will be sent to You.
  8. Subscription Service
    1. All persons requesting to access the IMH Content and Services must pay a Subscription Fee the details of which are on the Websites.
    2. To meet Your needs IMH offers a variety of Subscription types. Upon nominating a Subscription type You acknowledge and agree to be bound by Your chosen Subscription for the duration of the Subscription term.
    3. The choices available on the Website include:
      1. Corporate Subscription;
      2. Professional Subscription;
      3. Premium Subscription;
        ​which may be paid by You either:
      4. Annually by way of a one-off Subscription Fee for a twelve month period; or
      5. Monthly by way of a monthly Subscription Fee payable on the monthly anniversary of the first Subscription Fee instalment.
    4. Unless otherwise stated in these Terms, Subscription Fees paid under the annual or monthly Subscription once paid are not refundable to the extent permitted by law.
    5. IMH does not offer refunds for change of mind circumstances.
      ​Continuation of Subscription
    6. Upon the reaching the anniversary of Your Annual Subscription Fee payment You acknowledge and agree Your Annual Subscription will automatically renew for a further twelve month period unless You cancel Your Annual Subscription at least seven (7) days before Your Annual Subscription Fee anniversary.
    7. Upon the reaching anniversary of the first Subscription Fee instalment of Your Monthly Subscription You agree that Your Monthly Subscription will continue on a month-by-month basis unless You cancel Your Monthly Subscription at least seven (7) days before Your Monthly Subscription Fee anniversary.
  9. Payments for Subscription Package
    ​Payments
    1. To access IMH Content and Services payment of Your nominated Subscription type, You acknowledge and agree to provide IMH with complete, accurate and current credit card or bank account details to enable IMH to process Your Subscription Fee type other than if You are an Employee Subscriber.
    2. If You nominate to pay Your Subscription Fee by way of credit card or bank account You authorise and warrant:
      1. the Subscription Fee payment will be honoured by the card issuer or bank where Your bank account is located;
      2. You will maintain sufficient funds in the credit card or bank account to cover the Subscription Fee;
      3. IMH to use Your credit card or bank account to pay the continuation of Subscription Fee;
      4. IMH may retain Your credit card and bank account details and unless You cancel the Subscription pursuant to clauses 8.6 and 8.7.
      5. You will inform IMH of Your updated credit card or bank account details where Your original details have changed over the Subscription period by:
        1. navigating and updating Your account settings section on the Website;
        2. contacting IMH using the contact details on the Websites.
    3. IMH warrants it will take all reasonable steps to ensure that Your credit card or account details are securely stored. IMH is not responsible or liable for misuse of Your credit card or account details by third parties that are beyond IMH’s reasonable control.

      ​Subscription Fee Payments due upon demand
    4. Without limitation the IMH actions, where Your Subscription Fee remains unpaid for the period of fourteen (14) days after the anniversary of the Annual or Monthly Subscription Fee ,IMH may:
      1. suspend Your access to Your Subscription and right to access the Content and Services on the Website until Your Subscription Fee is paid in full
      2. issue You with a reminder email;
      3. issue You with a final reminder email;
      4. attempt to process Your credit card or bank account for the Subscription Fee payments in arrears;
      5. in the event these action taken by IMH fails and Your Subscription Fee remains unpaid, You acknowledge and agree IMH may cancel or suspend Your Subscription.
    5. IMH will not charge You interest on the overdue Subscription Fee due and payable to IMH.
  10. IMH App
    1. IMH may make and distribute Content and Services available to You through the IMH App.
    2. These Terms and each part thereof apply to the IMP App usage without exclusion.
    3. These Terms will supplement and incorporate the Apple, Inc. Terms and Conditions including, without limitation, the Licenced Application End User Licence Agreement provided therein (Apple Terms) and the Android, Google Inc.
    4. Terms including, without limitation, the License Agreement and Terms of Application (Android Terms). If any of the provisions of the Apple Terms or the Android Terms conflict with these Terms, these Terms have priority, solely to the extent that these Terms apply to the IMH App.
    5. You acknowledge and agree that:
      1. Determining the device suitable for downloading, installing and using the IMH App is Your sole responsibility;
      2. IMH is neither liable nor responsible for Your downloading, installing and using the IMH App if Your mobile device does not support the IMH App;
      3. You may be required to have internet and telecommunication connectivity to download, install and use the IMH App;
      4. IMH will not be liable for any internet or telecommunication costs which You incur as a result of Your use of the IMH App;
      5. You agree not to re-sell, modify, reverse engineer, duplicate, reproduce damage or interfere with the IMH App, the Content and Services on the IMH App.
  11. Online Surveys, Opinion Polls or Research
    1. From time to time IMH may undertake Surveys, Polls or Research.
    2. The Surveys, Polls or Research and all such results remain the property of IMH which may be distributed and used by IMH for any reasonable purpose.
    3. You may be permitted to participate in and (where available) view the results of Surveys, Polls or Research posted on the Websites but must not otherwise replicate, reproduce, copy or disseminate Surveys, Polls or Research results to any third party.
    4. Where IMH requests You to participate in any Research (other than for de-identified analytics research) IMH will always seek Your consent.
  12. Intellectual Property
    1. The Content and Services on the Websites is protected by Australian and international laws and is owned by or licensed to IMH.
    2. IMH owns the Intellectual Property rights in Content and Services including, but not limited to, copyright which subsists in all creative and literary works incorporated into our Content and Services.
    3. You agree that nothing in these Terms constitutes a transfer of any Intellectual Property in our Content and Services and Your access to or use of the Content and Services does not grant You a licence, or act as a right to use any Intellectual Property in that Content and Services, except as stated in these Terms or with IMH’s written permission.
    4. You must not breach IMH’s Intellectual Property rights by, including but not limited to:
      1. creating derivative works from the Content and Services;
      2. accessing and using the Content for commercial purposes such as on-sale to third parties;
      3. altering or modifying any of the Content and Services.
    5. For Your personal use and professional development, we grant You a non-transferable, non-perpetual, non-exclusive and revocable licence to use the Content and Services.
    6. You may not use any automated scripts or "robots" to access, manipulate or copy in part or in whole the Content and Services.
    7. This clause survives the termination of these Terms.
  13. Prohibited Conduct
    1. You acknowledge and agree that being approved as a Registered Member, Employee Subscriber or paying a Subscription Fee which entitles You to access and use the Website You must not:
      1. interfere with or inhibit any Registered Member or Subscriber from using the Websites;
      2. attempt to or tamper with, hinder, damage, interfere with or modify the Websites, knowingly transmit viruses or other disabling features, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Websites;
      3. post or transmit any material from the Websites or use the Websites for any activities that breaches the IMH Code of Conduct or the Privacy Policy;
      4. undertake any activity that would cause You or IMH to:
        1. breach any regulation, rule, law, code or other legal obligation;
        2. infringes the rights or Intellectual Property of any person;
        3. restricts, defames, offends, harasses, menaces or threatens any person; or could reasonably be considered to be inappropriate, offensive, defamatory, discarding, obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, threatening, blasphemous, discriminatory, in breach of confidence or in breach of privacy; or that would bring IMH or the Websites into disrepute;
      5. use the Websites to send unsolicited email messages;
      6. advertise Your products or services;
      7. assist or facilitate a third party to do any of the above acts.
  14. Your content
    1. If You choose to add any content on the Websites You:
      1. Warrant to IMH You have all necessary rights to post that content;
      2. Grant IMH a non-exclusive, royalty-free, perpetual, irrevocable, transferable and worldwide right and licence to use that content in any way (including but not limited to, by changing, communicating and reproducing the content to the public) and permit IMH to authorise any other person to do the same thing;
      3. You consent to any omission or right which would otherwise constitute an infringement of Your moral rights and You agree to ensure that any third party who has a moral rights to that content consents to the access as if You added the content Yourself.
    2. We reserve the right to remove or edit any of Your content from the Website.
    3. You acknowledge and agree to hold IMH harmless and defend and indemnify us (our directors, employees, officers, agents and contractors) against all actions, demands, suits, claims, liabilities, damages, costs or expenses (including legal expenses and costs on a full indemnity basis) including in contract, tort or negligence, arising out of or in connection with Your breach of this clause. You are solely responsible for any content You submit to the Websites.
  15. Consumer law and disclaimers
    1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection regulations and laws may confer You with warranties, guarantees, rights and remedies relating to the provision of Content and Services by Us to You which cannot be restricted, modified or excluded (‘Statutory Rights’).
    2. Nothing in these Terms excludes Your Statutory Rights as a consumer under the ACL. You agree that:
      1. IMH’s liability for the Content and Services is governed solely by the ACL and these Terms.
      2. IMH excludes all conditions and warranties implied by custom, law or statute except for Your Statutory Rights.
      3. IMH guarantees that the Content and Services IMH supplies to You are rendered with due care and skill, fit for the purpose and that which IMH advertises to You or You have told us in subscribing to the Content and Services, unless we consider and disclose that this purpose is not achievable; will be supplied within a reasonable time.
      4. IMH excludes all implied and express warranties guarantees and representations and all Content and Services, material and work is provided to You without representations, warranties and guarantees of any kind, either implied or express.
    3. We expressly exclude all warranties including but not limited to implied warranties of fitness for a particular purpose and of merchantability.
    4. The Websites are provided to You without warranties, implied or express, including but not limited to implied warranties of fitness for a particular purpose and/or merchantability, except for Your Statutory Rights.
    5. IMH does not warrant that Your access to the Websites or the functions contained in any materials on the Websites will be error free, that any defects will be corrected, that the Websites will operate on a continuous basis or be available at any time, or that the Websites or the server which stores and transmits material to You are free of viruses or any other harmful components.
    6. You accept that the Websites may become unavailable from time to time due to repairs, development work and maintenance.
    7. IMH does not warrant or guarantee that in using our Content or Services that You will achieve a particular outcome or result or that You will experience positive outcomes with respect to Your professional development or career.
    8. The opinions expressed by Registered Members or Subscribers to the Websites, or guests or experts are those of the relevant Registered Member, Subscriber, expert or guest and IMH does not endorse or accept responsibility for any such of those opinions given on the Website.
  16. Limitation of Liability
    1. To the extent permitted by law, neither IMH, its directors, agents or employees accept any liability in tort (including negligence), contract or otherwise for any damage, costs, loss or expense, whether indirect, direct incidental, consequential and/or special, including loss of profits, suffered by You or any third party, or claims made against You or any third party which results from:
      1. Your reliance on the Content and Services;
      2. the late supply of Content and Services;
      3. Your use of or access to or any inability to use or access the Websites, Content and Services; or
      4. Your inability to validly claim CPD Hours/Points.
    2. To the extent permitted by law, our total liability arising out of, or in connection with the Content and Services provided via the Website, however arising, including under tort (including negligence), contract, in equity, under statute or otherwise, is limited to us re-supplying the Content and Services to You, or, at our option, us refunding to You the amount You have paid us for the Content and Services to which Your claim relates. Our total liability to You for all damages in connection with the Content and Services will not exceed the price paid by You under these Terms for the 12 month period prior to the act which gave rise to the liability or one hundred dollars (AUD$100.00) if no such payments have been made, or the amount recovered or recoverable under our business insurance policies, whichever is the greater.
    3. This clause will survive the termination of these Terms.
  17. Indemnity
    1. You agree to indemnify IMH for and pay to IMH on demand the amount of all costs, damages, charges, expenses, losses and other liabilities incurred in connection with any and all liabilities, suits, claims, actions and expenses, including reasonable legal and other professional costs and costs of litigation, resulting indirectly or directly from:
      1. Your misuse of the Websites, Content and Services;
      2. Your breach of any law or third party right;
      3. Any information provided by You that is not up to date, accurate or complete or is misleading or a misrepresentation;
      4. Your breach of these Terms.
    2. You agree to co-operate with us (at Your own expense) in the handling of complaints, investigations, disputes or litigation that arises as a result of Your use of the Content and Services including but not limited to complaints, investigations, disputes or litigation that arises out of or related to incorrect information You have given us.
    3. This clause will survive the termination of these Terms.
  18. Force Majeure
    1. Neither You nor IMH will be liable for any failure in performance or delay under these Terms in relation to any Content and Services as a result of Force Majeure event.
    2. IMH may terminate these Terms with You by giving You five (5) business days' notice in writing if there is a Force Majeure event and as a result IMH is delayed from performing our obligations for a period of at least two (2) months.
  19. Confidentiality
    1. We, including our employees and contractors, agree to use all reasonable endeavours to:
      1. protect Your Confidential Information from any unauthorised disclosure;
      2. to only use Your Confidential Information for the purpose for which it was disclosed by You and not for any other purpose;
      3. to disclose Your Confidential Information to any third party other than in accordance with our Privacy Policy.
    2. You, including Your employees and contractors, agree to use all reasonable endeavours to:
      1. protect Our Confidential Information from any unauthorised disclosure;
      2. to only use Our Confidential Information for the purpose for which it was disclosed or provided by us to You;
      3. to provide better quality Services and Content to You and not for any other purpose.
      4. to disclose Our Confidential Information to any third party.
    3. These obligations do not apply to Confidential Information that:
      1. is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms;
      2. is received from a third party except where there has been a breach of confidence;
      3. must be disclosed by statue, law or regulation; or
      4. is authorised to be disclosed.
    4. This clause will survive the termination of these Terms.
  20. General
    1. If any clause (or part thereof) under these Terms is held to be invalid or unenforceable in any jurisdiction then it will be interpreted as narrowly as necessary to allow it to be valid or enforceable.
    2. If a clause (or part thereof) under these Terms cannot be interpreted as narrowly as necessary to allow it to be valid or enforceable then the clause (or part thereof) must be severed from these Terms and the remaining provisions of these Terms are valid and enforceable.
    3. Our related entities may enforce and rely on these Terms.
    4. You acknowledge and agree that we enter into these Terms on our own behalf and also as agent and trustee for each of our related entities so that our related entities have the benefit of (and may enforce) these Terms.
  21. Jurisdiction and Foreign Usage
    1. These Terms are governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and the Federal Court of Australia (Melbourne Registry).
    2. IMH makes no representations that the usage of the Websites, Content and Services will not violate the laws of Your local jurisdiction if outside the state of Victoria.
    3. You are responsible for compliance with the laws of Your jurisdiction.

 

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