1. Website Terms
This website (Website) is owned and operated by GPEx Limited (ACN 608 491 621) (GPEX, we, us, our). Your use of this Website is subject to:
- any other terms, conditions, notices or disclaimers displayed on this Website, (together, the Website Terms).
By accessing and using this Website, by purchasing access to any program or course available through this Website (Course) or by accessing any materials, information or content made available on or through the Website, including with any Course (Materials), you are deemed to accept the Website Terms and agree to be bound by them. If you do not accept the Website Terms, you must immediately stop using this Website and must not purchase access to any Course or use any Materials. Other terms may apply to the use of our products and services in addition to the Website Terms, for example, if we supply you with software to access any Course. The terms supplied with those products and services apply in addition to the Website Terms and prevail to the extent of inconsistency (see also section 18). If you are using our Website or purchasing any Course or Materials on behalf of an organisation or entity, then you are agreeing to the Website Terms on behalf of that organisation or entity and you represent and warrant that you have the authority to bind the organisation or entity to the Website Terms. In this case, you and your refers to that organisation or entity.
2. Amendments to the Website Terms
We may amend the Website Terms from time to time. Amendments will be effective immediately upon the publication of an updated version of the Website Terms on this Website. By continuing to use this Website, you will be deemed to accept the amended Website Terms and agree to be bound by them, except that the terms of your access to any Course or Materials purchased before the Website Terms were amended will remain subject to the Website Terms that applied at the time of your purchase.
We may require you to register with us and establish an account (Account) in order to access some parts of the Website, including any Course or Materials (as further discussed at section 4 below). If you register an Account with us: (i) you must provide accurate and complete information when creating or updating or using your Account; and (ii) you must keep your Account credentials and password secure and confidential. You are responsible for any access to the Website which results from the use of your Account login details, even if the access is by another person.
4. Access to Course Content
Your access to any Course is subject to you registering an Account and paying us the applicable fee for that Course as detailed on this Website (Course Fee). We will nominate a period of time that you will be able to access the relevant Course and associated Materials in return for payment of the Course Fee (Access Term). On our receipt of the Course Fee, you will be given access to the relevant Course and Materials for the Access Term. The Course Fee is payable in advance. Subject to your rights in respect of any Non-Excludable Term, as that term is described in section 15 below, the Course Fee is only refundable in accordance with our Cancellation and Refund Policy. Our Cancellation and Refund Policy can be viewed here. Your continued access to the Course and Materials is subject to your ongoing compliance with the Website Terms.
5. Your Commitment to us
- must notify us immediately of any suspected or actual unauthorised use of your Account or any other breach of security;
- must not use another person’s account;
- must keep your Account credentials and password secure and confidential;
- must not post or transmit to or via the Website any information or material or otherwise use the Website for any activity which: (i) breaches any laws or regulations; (ii) infringes a third party’s rights (including intellectual property rights) or privacy; or (iii) is contrary to any relevant standards or codes, including generally accepted community standards;
- must not transmit to or via the Website any malicious computer code (including virus, worms and Trojan horses) or any other means of cyber-interference; and
- must not use the Website in a way which: (i) tampers with, hinders the operation of or makes unauthorised modifications to the Website or any Course or Materials; (ii) inhibits any other user from using the Website or any Course or Materials; (iii) defames, harasses, threatens, menaces or offends any person; or (iv) contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
You must also not permit or enable any person to do any of those things.
6. Personal Use
Unless we agree otherwise in writing, you are provided with access to the Website, including any Course and Materials, only for your personal use. You are authorised to print a copy of any Materials contained on the Website for your personal use, unless such printing is stated as expressly prohibited. Without limiting the foregoing, you must not without our prior written consent share, sell or otherwise commercialise or deal with any Materials obtained from the Website.
7. Your Content
If you submit, post, transmit or otherwise make any material available via this Website (Your Content):
- you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, copy, reproduce, modify, adapt, publish, transmit, host and display Your Content for the purposes of: (i) providing you the Website, Course, Materials and associated support; (ii) analysing and improving the operation of the Website and the Courses and Materials we offer; and (iii) developing other products, services or features;
- you warrant: (i) that you have the right to grant the above licence; (ii) that our exercise of the licence rights above will not infringe the intellectual property rights of any person; and (iii) that Your Content is not defamatory and does not breach any law; and
- we may monitor or review Your Content, but we are not obliged to do so. We may also alter or remove any of Your Content at any time, including to ensure the operational integrity of this Website.
To the maximum extent permitted by law, we do not represent or warrant that the Materials are accurate, reliable, suitable, or complete. In particular:
- the Materials must only be used for training and education purposes, and must not be used or relied upon to provide any clinical services (including the diagnosis or treatment of a medical condition);
- the Website and Materials are provided to you on an “as is” basis;
- the Materials are subject to change at any time without notice. However, we are not obliged to update our or correct any inaccuracy of which we become aware within any timeframe; and
- although we use reasonable care and skill in providing the Website, we do not promise that the use of the Website will be continuously available, as intended, or virus or fault free.
9. Specific Warnings
You must take your own precautions to ensure that the process which you employ for accessing and using this Website does not expose you to malicious computer codes (including virus, worms and Trojan horses) or other means of cyber-interference which may damage your computer system. For clarity, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of this Website or any Third Party Application or Third Party Content (as defined in section 11 below).
10. Intellectual Property
All intellectual property including copyright in this Website (including the Materials and any text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by the Website Terms, you must not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website or from any Materials; or
- commercialise any information, products or services (including the Materials or any software) accessed or obtained from any part of this Website,
without our prior written consent. Any feedback, comments, or suggestions you may provide regarding the Website, any Course or any Materials is entirely voluntary and we will be free to use such feedback, comments or suggestions as we determine and without any obligation to you. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
- except with our prior written consent, which may be given or withheld in our absolute discretion, or as otherwise permitted by law;
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, products or services (including this Website, any Course or Materials).
11. Third Party Applications and Third Party Content
13. Suspension or termination
14. Limitation of Liability
To the maximum extent permitted by law, and subject to any Non-Excludable Term (as that term is defined in section 15 below):
- all representations, warranties, conditions, guarantees, indemnities or undertakings that would be implied in, or affect, these Website Terms by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage are excluded;
- neither we nor any person involved in creating, producing or delivering the Website, Courses or Materials is liable to you for losses (whether direct, indirect or consequential), damages, liabilities, charges, expenses, outgoings or costs (including all legal and other professional costs) of any nature or kind which are incurred by you in connection with your access to, use of or reliance on:
- the Website, any Course or any Materials; or
- any Third Party Application or Third Party Content,
- in no event shall we or any person involved in creating, producing or delivering the Website, Courses or Materials be liable for any indirect, special, consequential or exemplary damages, including damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the Website, Courses or any Materials.
15. Non-Excludable Terms
Nothing in the Website Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Term). To the maximum extent permitted by law, our liability for breach of a Non-Excludable Term is limited, at our option, to: (a) in the case of goods, any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or (b) in the case of services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
16. Unfair Contract Terms
If, but for this section, a term of the Website Terms, would be deemed “unfair” within the meaning of Part 2-3 of the Australian Consumer Law, then:
- such term will be construed, as nearly as possible, to operate without the parts of that term that deem that provision to be “unfair” and, if that is not possible, such provision will be of no effect; and
- the balance of the Website Terms will continue unaffected.
You indemnify us against all:
- claims, actions, proceedings or investigations of any nature or kind (including the allegation or threat of a claim) (Claims); and
- losses (whether direct, indirect or consequential), damages, liabilities, charges, expenses, outgoings or costs (including all legal and other professional costs on a full indemnity basis) of any nature or kind (Losses),
suffered or incurred by us that are caused by or arise from: (i) your use of the Website or Materials contrary to these Website Terms or our disclaimers or instructions to you; (ii) our use of Your Content as permitted by these Website Terms; or (iii) any claim by a third party that Your Content infringes the intellectual property rights of any person. Your liability under this indemnity is reduced to the extent that any Claims or Losses covered by the indemnity were caused or contributed to by our wilful misconduct, negligence or unlawful act or omission.
19. Governing Law
The Website Terms are governed by the laws in force in the State of South Australia, Australia. In respect of all matters connected to the Website Terms, you irrevocably submit to the exclusive jurisdiction of the Courts of that jurisdiction.
We accept no liability for any failure to comply with the Website Terms where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under the Website Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any part of the Website Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions in the Website Terms continue to apply in full force and effect. We may provide notices to you via publishing such notices on this Website, or via the email address associated with your Account (if applicable). Unless otherwise stated, in the Website Terms:
- headings are for reference purposes only and do not affect the interpretation of the Website Terms;
- a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- the singular includes the plural, and vice versa; and
- “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation.
Last Updated: 10 January 2023