The use of the RCPAQAP website www.rcpaqap.com.au is subject to these Terms.
1.1 In these Terms:
(1) “Loss” means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you in connection with the use of or access to this Website or RCPAQAP Publications;
(2) “RCPAQAP, us, we, our”- RCPA Quality Assurance Programs Pty Ltd ABN 32 003 520 072;
(3) “RCPAQAP Publications” means information available on the Website and any document, handbook or other written material published by RCPAQAP on the Website;
(4) “Terms” means these Terms and Conditions, as may be amended from time to time in accordance with condition 12.1;
(5) “Website” means RCPAQAP’s publicly available website accessible at www.rcpaqap.com.au and those web pages contained within the domain and any subdomains; and
(6) “You” or “your” means the person accessing the RCPAQAP Website.
Part A: Use of the Website
2 Acceptance of Terms
2.1 By accessing the Website, you agree that such access and use of the Website is subject to the terms and conditions set out in this document. You must not use the Website if you do not agree with these Terms.
3 Acceptable use
3.1 You agree that the Website is intended to be used for work activities which support learning, communication and information gathering in a responsible, ethical and legal manner.
3.2 Other than as expressly permitted by law or these Terms, no part of the Website may, without the specific prior written consent of RCPAQAP, directly or indirectly be used:
(1) to violate the privacy or rights of other users;
(2) for commercial gain;
(3) in breach of copyright law or other intellectual or industrial property rights;
(4) in any manner or for any purpose which is unlawful;
(5) in breach of these Terms;
(6) in any manner which violates any right of RCPAQAP or it related bodies corporate;
(7) for threatening, harassing or unlawfully discriminating against others, such as the display of sexually explicit or objectionable material;
(8) for storing or passing on of inappropriate or objectionable material which may be offensive to others;
(9) to attempt to deliberately introduce any damaging computer code or virus or other harmful component in any form or by any means in whole or in part by any process; or
(10) to attempt to alter hardware or software configurations at the Website.
3.3 RCPAQAP may at any time remove any materials from the Website that it considers, in its sole discretion, may be illegal, may subject it to liability, or which may breach condition 3.2 above.
3.4 RCPAQAP will cooperate with legal authorities in the investigation of any suspected or alleged offence arising from any use of the Website. A violation of this condition 3 may result in the suspension or termination of your access to the Website.
3.5 Provided that the ownership of the content of the Website by RCPAQAP is acknowledged and strictly on the condition that you keep all content intact and in the same form as presented, (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
(1) download and view the content for your personal, non-commercial use;
(2) access and display these pages on a computer or a monitor;
(3) hold a temporary copy in the computer’s cache; and
(4) make a single permanent copy for your personal, non commercial reference.
4.1 The Website provides links to and is linked from websites that RCPAQAP does not control. They are provided for your convenience only.
4.2 RCPAQAP takes no responsibility for the content of or the security of the linked websites.
4.3 You agree that RCPAQAP is not responsible or liable for any Loss that you may suffer or incur due to any actions caused by such websites or your use of such websites. You link to third party websites entirely at your own risk.
5.1 RCPAQAP uses its reasonable endeavours to ensure that the Website is secure.
5.2 Despite condition 5.1, you acknowledge and agree that the World Wide Web is an inherently insecure public network that gives rise to a potential risk that a user’s transactions are being viewed, intercepted or modified by third parties or that files that you download may contain computer viruses or other defects.
5.3 When we receive any information from you, we will use our reasonable endeavours to maintain its security.
5.4 RCPAQAP accepts no liability for any interference with, or damage to, your computer system, software or data occurring in connection with the Website.
5.5 You must take appropriate and adequate precautions to ensure that your use of the Website does not introduce viruses or other contamination that may interfere with the Website or damage the computer system, software or data of any other user of the Website.
5.6 For site security purposes and to ensure that this Website and services associated with the Website remain available to all users, RCPAQAP employs software programs to identify unauthorised attempts to upload or change information, or otherwise cause damage.
6 Access to the Website
6.1 RCPAQAP will endeavour to make this Website available, but does not warrant that this Website will operate continuously or without interruptions or will be error free. RCPAQAP does not accept any liability for its unavailability or for any errors.
6.2 RCPAQAP may at any time, without prior notice, vary or discontinue any feature or service of this Website, the availability of this Website and the equipment and software required to access this Website.
7.1 RCPAQAP uses “cookies” to facilitate use of this Website. Cookies are data sent by our Website and stored on your computer’s hard drive. This allows our server to identify your computer upon you re-visiting this Website.
7.2 Cookies identify your browser type, the operating system you are using, the web page you have visited, your internet service provider and your IP address.
7.3 This Website uses both permanent and temporary cookies. Permanent cookies remain on your computer until you delete them, while temporary cookies remain until you close your browser.
7.4 You may change your browser settings so that the browser does not accept cookies, but certain features of this Website may not function properly as a result.
Part B: General
8 Intellectual Property
8.1 The content of the Website and RCPAQAP Publications is protected by copyright, trade mark and other intellectual property laws.
8.2 You may download, and print a copy of information or material from RCPAQAP Publications only for your personal, laboratory or non-commercial use and only in an unaltered form provided that all trademarks, copyright and other proprietary notices are left intact.
8.3 The RCPAQAP Publications may be used for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth) (Copyright Act) and may only be reproduced as permitted under the Copyright Act or as expressly authorised in writing by RCPAQAP. You may not otherwise copy, reproduce, republish, post, distribute, transmit or modify in any way all or any part of the RCPAQAP Publications. Unless expressly stated, nothing contained in the RCPAQAP Publications should be construed as a licence or right of use of any of RCPAQAP’s intellectual property without the express written permission of RCPAQAP.
8.4 All RCPAQAP names, logos and trademarks (both registered and unregistered) used on the Website are the property of RCPAQAP. Nothing contained on this Website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Website without the express written permission of RCPAQAP.
9 Privacy and Confidentiality
9.1 RCPAQAP respects the rights of individuals to privacy and the confidentiality of information about individuals it deals with.
9.2 RCPAQAP is bound by the Australian Privacy Principles (APPs) contained in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Privacy Amendment Act). The APPs are designed to protect the confidentiality of personal information and the privacy of individuals by regulating the way personal information is managed.
9.4 RCPAQAP will maintain all information and documents sent to it using the Website in accordance with applicable Australian laws.
10.1 Reliance on publications and information provided by RCPAQAP You acknowledge and agree that:
(1) The contents of RCPAQAP Publications are intended for informational purposes only. RCPAQAP will in no event accept any liability for Loss arising from information provided in RCPAQAP Publications.
(2) From time to time RCPAQAP may, in response to a request from you, provide ad hoc technical information or troubleshooting assistance to you. You agree that any such information or troubleshooting assistance is general in nature. In providing such information, RCPAQAP and its representatives will not have all of the required background knowledge of the relevant circumstances. RCPAQAP and its representatives will in no event accept any liability for Loss arising from the provision of any such information or assistance or your reliance on such information or assistance.
(3) While RCPAQAP uses reasonable efforts to ensure that the information in RCPAQAP Publications is complete and kept up to date, to the extent permitted by law, RCPAQAP makes no warranty or representation as to the accuracy, currency or completeness of any information in RCPAQAP Publications.
(4) The information provided in RCPAQAP Publications is provided on the basis that persons accessing RCPAQAP Publications undertake responsibility for assessing the relevance and accuracy of the content.
10.2 Limitation of Liability
(1) To the fullest extent permitted by applicable law, RCPAQAP excludes all liability for any Loss (including any consequential loss or indirect loss, loss of reputation or business, loss of data or loss of profit) arising in relation to:
(a) access to and use of the Website (including the inability to use any part of the Website or the services available on the Website); and
(b) access to and use of the RCPAQAP Publications; whether or not it is caused by RCPAQAP’s negligence, and whether or not the possibility of Loss was known to RCPAQAP.
(2) To the fullest extent permitted by applicable law, RCPAQAP excludes all warranties, consumer guarantees, terms and conditions (whether express, implied or statutory) relating in any way to:
(a) the RCPAQAP Publications and the content and use of the RCPAQAP Publications; and
(b) the RCPAQAP Website.
(3) RCPAQAP’s liability for breach of any warranty, consumer guarantee, term or condition which cannot be excluded by law is limited, where permitted by law, to the re-supply of that part of the services again, or at RCPAQAP’s option, the payment of the costs of having an equivalent service supplied again.
(1) You indemnify RCPAQAP against:
(a) all Losses incurred by RCPAQAP;
(b) all liabilities incurred by RCPAQAP; and
(c) all costs actually payable by RCPAQAP to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by RCPAQAP in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);in connection with:
(d) your use of the RCPAQAP Publications; and
(e) your use of the RCPAQAP Website.
12.1 We may terminate these Terms and your access to the Website immediately if you breach any of these Terms.
12.2 We may amend these Terms at any time by publishing the revised Terms on the Website. Any amendments to the Terms will commence 30 days after publication on the Website. You may terminate these Terms if you are not satisfied with the changes to the Terms following the amendment, however you will not be entitled to access the Website or RCPAQAP Publications following such termination.
12.3 If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.
12.4 The law of New South Wales, Australia governs these Terms. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.