Terms

1.1 This website is operated by iCanMed Pty Ltd 73 627 780 965 (we , our or us) and is available at www.icanmed.com.au and may be available through other addresses, channels or apps (collectively called the Site).

1.2 By accessing and/or using our Site, you; each person, entity or organisation using our Site (referred to as you or a user as applicable):

(a) warrant to us that you have reviewed these Terms and Conditions, including our Privacy Policy (available on the Site) ( Terms);

(b) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and

(c) agree to use the Site in accordance with the Terms.

1.3 Please read the Terms carefully and immediately cease using the Site and our services if you do not agree to these Terms.

1.4 You are required to create an account in order to participate in our online courses (Account). You must ensure that any personal information you give to us when creating an Account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy. If you are accepting these Terms on behalf of anyone else, you warrant that you have consent to disclose their personal information to us in accordance with our Privacy Policy. It is your responsibility to keep your Account details confidential and you are liable for all activity on your Account, including any purchases made using your Account details.

2.1 We may offer you access to free content designed to allow you to evaluate the online courses (Free Content) and make sure it is right for you before paying the Fees. Any Free Content can change at any time without notice. We have the right to terminate any revoke your access to Free Content if you are found to be misusing the Site.

3.1 You may sign up for courses and both free and paid workshops from us as set on the Site.

3.2 For courses and paid workshops, you may sign up by paying the price for the relevant course or workshop as set out on the Site ( Fees) and following any other instructions set out on the Site.

3.3 For some paid workshops, we may elect to donate a portion of the Fees to a charity of our choice. We will set out on the Site where this is applicable.

3.4 If you sign up for any courses or workshops through the Site, this constitutes an offer by you to purchase a particular course or workshop for the price notified at the time you sign up.

3.5 Each time that you sign up for a course or workshop this results in a separate binding agreement between you and us for the supply of courses or workshops in accordance with the Terms.

3.6 It is your responsibility to verify what you are signing up for, including details of the course or workshop you have selected and pricing, before you sign up to a course or workshop.

3.7 You warrant that you have considered the details of all courses and workshops that you sign up to, including the contents of the course or workshop, and have determined that it is appropriate for you.

3.8 Where you sign up to attend a workshop, you acknowledge that physical attendance at the workshop is required in order to obtain the benefit of the workshop. Resources in relation to the workshop are only made available at the premises the workshop is being held, and you acknowledge and agree that we are not obliged to provide you with the resources if you fail to attend the workshop.

3.9 When you order and pay on the Site and your payment has been validated, you will be sent a confirmation email. The confirmation email will contain details of your payment, a tax invoice and receipt of payment, further details about what to do next and a link to view your purchased courses.

3.10 After purchasing a course, you will be able to access the online courses for a period as set out on the Site. Generally, this will be from the date of purchase until the day after the examination to which the course relates. After that time, we may remove the course from the Site and you will no longer have access to this content.

3.11 From time to time, we may update the content of an online course. Provided that your single purchase is still active, then you will be able to access the updated content through the Site. We may choose to only make some content of the online course available once you have completed certain content.

4.1 Subject to applicable law, we do not provide refunds for change of mind or other circumstances other than in accordance with our termination policy set out below.

4.2 In relation to workshops, subject to applicable law, we do not provide refunds if you are unable to attend the workshop for any reason.

4.3 If you have any concerns about the course or workshop that you have signed up for, please contact us on the details provided on the Site, and we will attempt to resolve the matter.

4.4 We may, from time to time and at our absolute discretion, refund a portion of your Fees to you in the event that we reduce the Fees shortly after you sign up for a course or paid workshop.

5.1 You must pay us the Fees in accordance with this clause. All amounts are stated in Australian dollars.

5.2 Unless otherwise stated our Fees are inclusive of GST.

5.3 Unless otherwise stated you must pay the Fees upfront at the time of signing up for a course or workshop using our third party payment processor.

5.4 If you encounter any financial hardship and are unable to pay the Fees at the time of signing up for a course or workshop, please contact us at the details set out on the Site, and we may be able to provide you with a payment plan.

5.5 You must not pay, or attempt to pay, any Fees by fraudulent or unlawful means.

5.6 Fees may change at any time.

6.1 The Site may have a forum (whether on the Site or on an alternative social media platform) on which registered users are able to communicate.

6.2 We ask you to limit your discussions to topics which are relevant to the Site and our online courses.

6.3 We reserve the right to remove any posts which we, in our sole discretion, deem to be inappropriate.

6.4 We are not responsible for the conduct of any user of our Site.

6.5 Your participation on the forum is subject to these Terms and any policies set out on the Site.

7.1 You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights in the courses or the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to:

(a) resell, assign, transfer, distribute or provide others with access to the courses or the Site;

(b) “frame”, “mirror” or serve any of the courses or the Site on any web server or other computer server over the Internet or any other network;

(c) copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the courses or the Site;

(d) alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the courses or the Site;

(e) use the courses or the Site in any way which is in breach of any applicable local, state, federal and international laws and regulations ( Laws) or which infringes any person's rights, including intellectual property rights;

(f) use the courses or the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;

(g) use the courses or the Site in any way that damages, interferes with or interrupts the supply of the courses or the Site;

(h) introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses and e-mail bombs;

(i) reveal your Account password to others or allow others to use your Account;

(j) use the courses or the Site to make fraudulent offers of goods or services;

(k) use the courses or the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);

(l) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the courses or the Site;

(m) send any unsolicited email messages through or to users of the Site in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”);

(n) use the courses or the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers; or

(o) solicit or entice away, any person or organisation that was our actual or prospective, client, employee, contractor, representative, agent, or developer.

8.1 Despite anything to the contrary, to the maximum extent permitted by law:

(a) our maximum aggregate liability arising from or in connection with the Terms (including the courses and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the courses or workshops the subject of the relevant claim; and

(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

8.2 Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(a) failure or delay in providing the courses or workshops;

(b) problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or internet traffic congestion;

(c) loss or damage, including personal injury or death, resulting from using the Site; or

(d) breach of the Terms or any law,

where caused or contributed to by any:

(e) event or circumstance beyond our reasonable control;

(f) participating or downloading materials in connection with the Site; or

(g) act or omission of you or your related parties,

(h) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the courses or workshops.

8.3 You acknowledge and agree that you use the Site and the materials obtained on the Site at your own risk. To the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with your acts or omissions based on the material contained within the online courses and the workshops.

8.4 Certain legislation including the Australian Consumer Law ( ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified ( Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

8.5 Current and former students of the course are prohibited to participate in any form of teaching of UCAT or interview techniques for competitors (i.e. coaching organisations) in the Australia and New Zealand market.

9.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to any online courses, videos, guides or other materials (including in connection with the Terms and the online courses) will at all times vest, or remain vested, in us.

9.2 We give you a limited, revocable, non-transferable licence to use, for your personal use, any materials or other content we provide to you as part of our online courses and workshops.

9.3 Unless otherwise agreed to by us, you must not, without our prior written consent:

(a) copy or use, in whole or in part, any of our intellectual property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(c) breach any intellectual property rights connected with the Site, the workshops or the courses, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

9.4 From time to time, we may provide you with hard copy materials as part of the course or a workshop. We may mark these hard copy materials with a unique identifier that will allow us to identify the original owner of the materials. In the event that we are made aware of materials being circulated in breach of these Terms, we will investigate the matter using the unique identifier on the materials.

9.5 This clause will survive termination of your Account.

10.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your Account if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.

10.2 Notwithstanding anything to the contrary, if we are made aware that you are in breach of any of our intellectual property rights, we may immediately suspend your access to the Site and notify you of such suspension. We may choose to reverse your suspension after discussing the matter with you, in our sole discretion. Any subsequent breaches of our intellectual property rights may result in the immediate termination of your Account.

10.3 We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.

10.4 If we cannot charge your payment method for any reason (such as expiration or insufficient funds), your access may be revoked. You remain responsible for any uncollected amounts, and we will attempt to charge your payment method. You are responsible for updating your payment method information.

11.1 We collect personal information about you in order to provide you with your ordered courses and workshops, to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

11.2 We may disclose that information to third party service providers who help us deliver our courses and workshops (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our courses or workshops to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

11.3 Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

11.4 By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

12.1 Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

12.2 Consent: You acknowledge and agree that we may photograph your attendance at our workshops, and consent to us using your image in promotional and marketing materials to promote us, our courses, workshops and/or the Site.

12.3 No comercial use: Our Site, the courses and the workshops are for your personal, non-commercial use only. You must not use our Site, or any of the content in our courses and workshops, for commercial purposes.

12.4 Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account/submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of email.

12.5 Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

12.6 Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

12.7 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.

12.8 Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

12.9 Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

12.10 Governing law: Subject to applicable laws, these Terms are governed by the laws of Victoria, Australia. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.