Peninsula Health Online Learning Hub Terms of Use
Peninsula Health Learning Hub is a Learning Management
System (LMS) which hosts a range of free and fee-based courses. The LMS
is established and maintained by Peninsula Health (ABN 52 892 860 159)
(Peninsula Health). These Terms of Use set out the terms and
conditions of a contract between you and Peninsula Health governing your access
to, and use of, the LMS (defined below). By visiting, registering for, or
using this LMS, you agree to be bound by and abide by these Terms of Use.
Peninsula Health reserves the right from time to time to
change these Terms of Use without prior notice to you or the requirement to
obtain your consent. You are responsible for informing yourself of any
changes to these Terms of Use and any notices posted on the LMS and should read
them carefully before you use the LMS.
1.
Use of the LMS
1.1.
You must:
1.1.1.
comply with these Terms of Use at all times
while using the LMS;
1.1.2.
not use, or knowingly permit another person to
use, the LMS if you (or they) are not eligible and / or registered to do so;
1.1.3.
where applicable:
·
ensure that your contact and other details
submitted to Peninsula Health or stored on the LMS are current and accurate;
and
·
monitor any electronic system or address
designated by you for the purpose of receiving communications (Peninsula Health
will not be liable for any delay or failure by you to do so);
1.1.4.
ensure that all information you submit to Peninsula
Health, upload to the LMS or provide to another user of the LMS is true and
correct and does not infringe the rights (including intellectual property rights)
of any other person (each time you submit or provide information to Peninsula
Health or another user of the LMS (You represent and warrant to the recipient
of that information that you have complied with this clause and are not
infringing the rights (including intellectual property rights) of any other
person));
1.1.5.
not use the LMS for any unlawful purpose;
1.1.6.
not introduce any Harmful Code into the LMS or
use it in a manner that could damage, disable or impair Peninsula Health’s services
or system;
1.1.7.
not use any robot, scraper or other means to
access the LMS for any purpose;
1.1.8.
comply with all of Peninsula Health’s relevant
policies or procedures regarding use of the LMS;
1.1.9.
maintain and safeguard the privacy and security
of all personal or confidential information to which you obtain access in
relation to the LMS;
1.1.10.
not access information or perform services
relating to any other person (unless expressly permitted by Peninsula Health or
by that other person to do so); or
1.1.11.
not send or post any unsolicited messages or any
offensive, inflammatory, defamatory, threatening, abusive, hateful, racist,
obscene, fraudulent, deceptive or otherwise unlawful information; and
1.1.12.
not record a video presentation without the
written consent of everyone involved in the consultation.
1.2.
You are responsible for, and bear all the costs
of, installing and maintaining your own systems and equipment necessary to
access and use the LMS.
1.3.
You are liable for and must compensate Peninsula
Health, and its related parties on demand for all losses, costs, expenses
(including legal costs on a full indemnity basis), claim or damage suffered or
incurred (or agrees to pay by way of settlement or compromise) in connection
with or arising out of:
1.2.1
a breach of these Terms of Use (including a
representation or warranty);
1.2.2
fraudulent or dishonest conduct of you or any
person you have permitted to use this LMS on your behalf;
1.2.3
a failure to obtain, maintain, and comply with
required consents and applicable laws;
1.2.4
claims, actions or proceedings by a third party
and any investigations by a government body; and
1.2.5
failure to comply with any obligations of
confidence or privacy under these Terms of Use, arising out of any of your acts
or omissions or any of your related parties whether accidental or not.
1.3 You
agree to report any misuse of this LMS about which you become to Peninsula
Health.
1.4 Peninsula
Health may, in its absolute discretion, make changes to any part of this LMS or
any content on it (subject to express right set out in these terms) without
your consent or providing notice to you.
1.5 Peninsula
Health may, in its absolute discretion, delete any account that has not been
used to access the LMS for a period of two years.
2.
Electronic communications
2.1.
Peninsula Health may send you electronic
communications which relate to your use of the LMS or other information that
may be of interest to you as a visitor of the LMS, including health-related
information and information relating to Peninsula Health’s other products and services.
As a condition of your registration for use of this LMS, you consent to receive
commercial electronic messages from Peninsula Health using your email address
or the messaging system within the LMS.
2.2.
Despite any decision you make not to consent to
electronic communications, Peninsula Health reserves the right to communicate
with you, or require you to communicate with Peninsula Health in order for Peninsula
Health to meet its legal obligations, or where Peninsula Health considers
electronic communication to be impracticable, inadequate or inappropriate.
3.
Security
3.1.
Security of this LMS generally:
3.1.1.
while Peninsula Health uses its best endeavours
to implement security controls and prevent unauthorised access to, or use of,
the LMS, you acknowledge that the internet is an insecure public network where
there is a risk that your use of, and interactions with, this LMS may be
viewed, intercepted or modified by third parties and that this LMS and any
information on this LMS may contain Harmful Code.
3.1.2.
to the extent permitted by law, Peninsula Health
does not guarantee that there will not be, or accept any liability for, any
Harmful Code on the LMS or a breach of security by a third party or any
interference with or damage to your computer system, software or data occurring
in connection with or relating to this LMS and you agree to hold Peninsula
Health harmless should this occur.
3.1.3.
Peninsula Health may use cookies in relation to
accessing and using this LMS.
3.2.
Basic online security – your obligations:
3.2.1.
While you are ultimately responsible for your
own online security and for informing yourself about what appropriate security
measures involve, Peninsula Health recommends that you:
a)
ensure that you are using the most recent
version of your operating system and software (including web browser) with the
latest patches and updates applied;
b)
when using secure areas of the LMS, check that
you are using a secure site by making sure the site address starts with “https”
and looking for the padlock icon in the lower right of your browser window;
c)
ensure that you have anti-virus software
installed and working on your computer, that its definitions are up to date and
that it is configured to scan inbound and outbound emails and files;
d)
ensure your browser is configured to minimise
the likelihood of your computer or privacy being affected by Harmful Code;
e)
if you are using a public or shared computer,
ensure that you log out properly and close the browser window when you have
finished;
f)
be suspicious of strange emails, attachments or
hyperlinks; and
g)
if you suspect your computer has been affected
by Harmful Code, contact your IT service provider or anti-virus vendor.
4.
Intellectual Property
4.1.
Ownership of data and other Intellectual Property
4.1.1.
The LMS and any content made available on it
(including without limitation the software on which it is based, any
documentation regarding its use, text, graphics, video, audio, information,
data and the design and layout of the LMS) are owned by Peninsula Health or its
third party licensors, and are protected by Australian and international
copyright and other intellectual property laws.
4.1.2.
You acknowledge and agree that Peninsula Health owns
all other data and information uploaded onto, or created by or using, the LMS.
Without limiting clause 4.1.1, Peninsula Health retains all rights in relation
to any online documents and forms completed and other information submitted by
you and you assign any rights you may have in those materials to Peninsula
Health. You agree that Peninsula Health can
use, adapt and exploit (including for commercial purposes) any ideas, concepts,
techniques, words or images contained in any of those materials to Peninsula
Health. You agree that Peninsula Health can use, adapt and exploit
(including for commercial purposes) any ideas, concepts, techniques, words or
images contained in any of those materials for any purpose and without
restriction or compensation.
4.2.
Intellectual Property Licenses
4.2.1.
Peninsula Health grants you a non-exclusive,
non-transferable, revocable licence to download, copy and print the content on
the LMS for your personal use. To the extent permitted by law, you must
not:
a)
otherwise download, modify, copy, reproduce,
republish, store, frame, upload, post, transmit, sell, lease, rent, sub-licence
or disclose or distribute any part of this LMS (or any content on it) in any
way, except as otherwise expressly stated on the LMS or with Peninsula Health’s
prior written consent;
b)
tamper with any copyright notice, or tamper with
or commercially use any trade mark, logo or names (including business names and
domain names) appearing on the LMS or in materials accessed via the LMS (You
must include Peninsula Health’s copyright notice in any copies of the
information obtained from the LMS); or
c)
re-engineer, create derive works from, reverse
engineer, disassemble, or decompile any part of the LMS,
and to the extent any right for
you to do so is preserved by law, then only in strict accordance with the
provisions or terms under that law.
4.2.2.
You acknowledge that not all content on the LMS
will be available to download, copy and/or print, including but not limited to
videos or eLearn presentations.
4.2.3.
Peninsula Health reserves the right to access,
maintain, delete or destroy all communications or information uploaded or
stored within the LMS at any time.
4.3.
Use of Peninsula Health’s trade marks and
related IP
4.3.1.
You agree not to use the name, trade name,
service marks, trademarks, trade dress or logo of Peninsula Health (or its
related parties, suppliers or licensors) (Branding) in publicity
releases, advertising, promotional materials, direct mail, seminars, on your
web site, or in other communications without the express prior written consent
of Peninsula Health. All uses of Branding will inure to the benefit of
the owner of such logos, trademarks, trade names and/or other branding devices.
4.4.
Linking to this LMS
4.4.1.
Peninsula Health encourages links to the
LMS. If you do create or maintain a link to the LMS you agree to these
Terms of Use and you:
a)
must link to https://learninghub.peninsulahealth.org.au/
as other pages and content may be moved
b)
must regularly check any links to ensure they
are accurate;
c)
may only link to, and not replicate, content or
pages on the LMS;
d)
must not list any PHCN telephone or fax numbers
or office details;
e)
must ensure that any links are presented in a
way that fairly represents Peninsula Health and the LMS; and
f)
comply with the intellectual property conditions
set out in clause 4 of these Terms of Use (including not framing, reformatting
or altering any files or information without Peninsula Health’s consent).
4.4.2.
Peninsula Health may in its absolute discretion
require you to remove, and not create any further, links to the LMS or any
content that is in breach of these Terms of Use.
5.
Confidentiality
5.1.
You agree:
5.1.1.
to maintain any information that is confidential
or proprietary in nature or is designated as such (including without limitation
the software, source code, technology, tools, processes, functional
specifications and technical materials on which the LMS is based) which you
access via the LMS in strict confidence at all times; and
5.1.2.
not to disclose, use, transmit, inform or make
available to any person any of that information except as necessary to perform
your obligations or exercise your rights under these Terms of Use.
5.2.
Clause 5.1 does not apply to any confidential
information which you can demonstrate:
5.2.1.
is or becomes known to the public through no
breach of these Terms of Use;
5.2.2.
was previously known by you, or subsequently
provided to you, without any obligation to hold it in confidence;
5.2.3.
is independently developed by you without the
use of confidential information; or
5.2.4.
is approved for release by written authorization
of Peninsula Health, but only to the extent of such authorization.
6.
Privacy
6.1.
Peninsula Health will treat any personal
information provided by you or collected in relation to in accordance with its
privacy policy which is available at: https://www.peninsulahealth.org.au/privacy
7.
Disclaimers and Exclusion of Liability
7.1.
Disclaimer
7.1.1.
The LMS (including material on the LMS) is made
available to you on an "as is" and "as available" basis and
at your own risk. To the maximum extent permitted by law, Peninsula
Health makes no representation, provides no express warranty or guarantee, and excludes
all liability and any implied warranties (whether implied by statute or
otherwise) in connection with:
a)
the provision and availability of the LMS by Peninsula
Health or your use of the LMS or any other linked website;
b)
the functionality, features and performance of
the LMS (Peninsula Health may withdraw, suspend or discontinue any
functionality or feature at any time);
c)
legality or suitability of the LMS or any
services provided through it;
d)
title and non-infringement of third party
rights;
e)
the security of LMS, the LMS or any linked site,
or the safety of any file or software associated with them (such as safety from
any virus or defects including those which could damage or interfere with your
data, hardware or software);
f)
merchantability, fitness for a particular
purpose and non-infringement of the LMS;
g)
the LMS being provided error-free or without
interruption (including without limitation the availability of internet
connections or other telecommunications systems); or
h)
the accessibility, accuracy, quality, currency
or reliability of LMS or any inked site, or of any Peninsula Health or third
party materials, information, products or services promoted or accessed via
LMS, the LMS or any linked site.
7.1.2.
As a condition of using the LMS, you release Peninsula
Health and hold Peninsula Health harmless from any and all claims, demands, and
damages of every kind and nature (including, without limitation, actual,
special, incidental and consequential), known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with your use of the LMS.
7.1.3.
Despite any provision in these Terms of Use to
the contrary, Peninsula Health shall not be liable for any consequential,
special, incidental, indirect or punitive losses, costs, expenses or damages,
whether in contract, tort or otherwise (including negligence) arising out of or
in connection with the LMS or Peninsula Health performance or non-performance
of its obligations under these Terms of Use, even if Peninsula Health has been
advised of the possibility of that damage.
7.1.4.
If, despite these Terms of Use, a court
determines that Peninsula Health is responsible for loss or damage arising from
your access to or use of this LMS, to the extent permitted by law, Peninsula
Health’s liability is limited in any event to (at Peninsula Health’s
discretion) resupplying the relevant part of the LMS or the reasonable cost of
having it resupplied, and Peninsula Health reserves its options at law as to
how it may discharge Peninsula Health’s obligations in relation to liability
that cannot be lawfully excluded under these terms.
7.2.
Reference material
7.2.1.
The materials on this LMS have been provided for
general information only. While Peninsula Health has used reasonable
endeavours to ensure the quality of the information:
a)
it is provided “as is” and Peninsula Health does
not warrant that it is accurate, complete, reliable, current, of a particular
quality or suitable for your particular circumstances;
b)
it is not intended to be a substitute for
professional medical advice, diagnosis or treatment provided by an appropriately
qualified health care professional (you always consult a medical professional
and obtain appropriate medical advice including interpretation of these
materials);
c)
some of the information has been provided or
made available by third parties (or derived from that information) and does not
necessarily reflect any policies, procedures, standard or guidelines of Peninsula
Health, any other users of this LMS or any Government or association;
d)
you use it at your own risk, should not act (or
fail to act) on the basis of the materials on this LMS and you are solely
responsible for all acts or omissions carried out in connection with, or in
reliance on, the materials;
e)
to the extent permitted by law Peninsula Health
accepts no responsibility and disclaims all liability in relation to use of
those materials.
7.2.2.
While Peninsula Health may do so, PHCN has no
obligation to review the information on the LMS to ensure it is current nor, to
correct any error, omission or inaccuracy on the LMS.
7.3.
Links to third party sites
7.3.1.
This LMS contains links to other 3rd party
services and sites which are not under the control of Peninsula Health.
Those links are only provided for your convenience and:
a)
Peninsula Health does not warrant:
i.
the accuracy of any hypertext links provided on the
LMS or the suitability, accuracy completeness, currency, merchantability,
fitness for purpose or any other aspect of any content located at those links;
ii.
that the linked site does not infringe the
intellectual property or other rights of any person;
iii.
the physical location at which that site is
hosted (or the location of any person accessing or controlling that site);
iv.
the confidentiality and privacy practices of
that site; and
v.
the security and safety of that site or any file
on it (including the existence of Harmful Code);
b)
unless specifically stated otherwise, do not
constitute any association of PHCN with, or any endorsement or approval by PHCN
of, those other websites, their content, or the people who run or contribute to
them; and
c)
any omission of links to any site or
organisation does not constitute any non-endorsement or disproval of those
sites or organisations.
7.3.2.
Your use of the links, and use or reliance on
the content on any linked site, is at your own risk and to the extent permitted
by law, Peninsula Health disclaims any liability in relation to those links or
sites. Peninsula Health recommends you take care when accessing and using
third party sites and that you read the terms and conditions and privacy policy
of any third party site as they may be different to Peninsula Health’s terms
and policies.
7.4.
Peninsula Health’s related parties, personnel,
suppliers and contractors
7.4.1.
Each disclaimer is given on behalf of, and each
indemnity, waiver, exclusion or limitation of liability is held for the benefit
of, Peninsula Health, Peninsula Health’s licensors and contractors (and each of
their officers, employees, agents and contractors).
8.
Payment and Refund
8.1.
Payment
8.1.1.
Some fee-based courses include event
registration while others are resource-based only.
8.1.2.
For fee-based courses, including event
registration, payment will be made either directly through the LMS https://learninghub.peninsulahealth.org.au/
or via a third-party booking platform, such as TryBooking https://www.trybooking.com/info/legal
8.1.3.
If the payment is made through a third-party
booking platform:
a)
the link to the third party will be provided in
the course description and payment directly through the LMS will be disabled
b)
The user will be manually added to the course
page on the LMS once payment is received and at least 24 hours before the
beginning of any event associated with the fee-based course.
8.1.4.
Payments made directly through the LMS will be
made through the Payway payment gateway, a service provided by the Commonwealth
Bank of Australia.
8.1.5.
Payment
through the Payway Web gateway can be made by Visa or Mastercard.
8.1.6.
Peninsula
Health takes no responsibility for any changes to the terms and conditions of
any electronic platform that you use to make payments.
8.1.7.
Peninsula
Health does not accept direct payments from individuals for fee-based courses,
whether by cheque, cash, or money order.
8.1.8.
Registration
and payment for individuals can only be performed through the relevant websites
and cannot be made by phone or email.
8.2.
Refunds
8.2.1.
Fee-based
courses which are paid for directly through the LMS and include event
registration as part of the course are eligible for a refund based on the
following conditions:
a)
Requests
for refunds must be made in writing and should be emailed to the course
administrator displayed in the course description.
b)
The
below table outlines when learners can request a refund and the %
refund. Please note the 1.5% card-processing fee
included in the course fee is non-refundable.
c)
Based
on these conditions, all courses will have their “refund eligibility” clearly
stated in the course description under the sub-heading “refund eligibility”.
Where you have paid Peninsula Health directly (through the Payway gateway) the refund paid will
depend on the period between the event starting and the date of request for a
refund, in accordance with the table below:
|
Within 24
hours of event
|
Learners
requesting a refund within 24 hours before event start date.
|
No
refund
|
|
7 days
before
|
Learners
requesting a refund up to 7 days before event start date.
|
50%
refund
|
|
30 days
before
|
Learners
requesting a refund up to 30 days before event start date.
|
Full
refund
|
8.2.2. Fee-based courses which you have
paid for through a third party booking platform and include event registration
as part of the course are bound by the refund policy as stated on the third
party booking platform’s event page. For these courses, the “refund
eligibility” stated in the course description will state “see
refund/cancellation policy listed on the event page”
8.3.
Non-refundable items
8.3.1.
Fee-based
courses that host online modules and other resources only are non-refundable.
The 1.5% card-processing fee included in the course fee is
non-refundable.
9.
General
9.1.
In these terms of use, unless specified
otherwise:
9.1.1.
Harmful Code means any computer code
or routine that is harmful, destructive, disabling or which assists in or
enables theft, alteration, denial of service, unauthorised disclosure or
destruction or corruption of data, including viruses, worms, spyware, adware,
keyloggers, trojans and any new types of programmed threats that may be
classified, but excluding passwords, software keys and like features that are
security features or intended elements of software used to prevent unauthorised
access and use; and
9.1.2.
LMS means the website https://learninghub.peninsulahealth.org.au/
and any related sites owned or maintained by, or on behalf of, Peninsula
Health. Each reference to LMS includes a reference to all information and
content on these sites.
9.2.
These terms and conditions are governed by the
laws in force in the State of Victoria, Australia. By visiting and using
the LMS you unconditionally submit to the jurisdiction of the courts of that
State and all courts with jurisdiction to hear appeals from those courts.
9.3.
Peninsula Health may seek urgent injunctive
relief in order to protect the confidentiality of its information or prevent
the misuse of its Intellectual Property.
9.4.
The failure or delay of Peninsula Health to
exercise any right or remedy under these Terms of Use will not operate as
further waiver of such right or remedy in the future or any other right or
remedy. No waiver of any default, condition or breach of these Terms of Use
shall be deemed to imply or constitute a waiver of any other default, condition
or breach of these Terms of Use, whether of a similar nature or otherwise.
9.5.
If any one or more of the provisions of these
Terms of Use are invalid or otherwise unenforceable, to the extent possible the
provision should be read down to reflect the intent of the parties and the
enforceability of remaining provisions shall be unimpaired.
9.6.
Peninsula Health shall not be liable for any
non-performance in connection with the LMS or under these Terms of Use if it is
prevented from performing that obligation by a circumstance beyond its
reasonable control.
9.7.
You may not assign any of your rights or
obligations without the prior written consent of Peninsula Health.
9.8.
All rights and obligations under:
9.8.1.
any provision regarding privacy,
confidentiality, intellectual property, waivers, indemnities, representations
and warranties (including without limitation clauses 4, 5, 6 and 7);
9.8.2.
accrued rights or obligations existing at the
time of termination or expiry; and
9.8.3.
any indemnities and any representations and
warranties, survive termination or expiry. Any other provisions necessary
or desirable to give effect to those rights and obligations survive expiry or
termination of these Terms of use.
9.8.4.
These Terms of Use (including any supplementary
terms within the LMS) set out the entire agreement between the parties and
supersedes all previous and contemporaneous agreements, understandings, and
arrangements with respect to their subject matter.
10. Questions
10.1.
If you have any questions about this LMS, please
email learningdesignteam@phcn.vic.gov.au