Terms of Use
Privacy Policy
The Allied Health Academy is part of the HealthWork International group. You can view our privacy policy here and direct any questions you may have to:
or:
Lauren Schneider – Chief Operating Officer – [email protected] or 0402905582
or
HealthWork International Privacy Officer
Level 8, The Annex
12 Creek Street
Brisbane QLD 4000
Terms of Use
By accessing The Allied Health Academy’s online community at https://thealliedhealthacademy.mn.co (the Site) or creating an account for the Site (Account), you are considered to have read and understood these Terms of Use (also referred to as Terms) and you agree to be legally bound by them at all times, in addition to the Mighty Networks Terms of Use, Acceptable Use Policy and associated policies.
Key phrases defined in these Terms are either defined in inverted commas/quotation marks or in clause 1.
1) Definitions
In these Terms:
Account means the account that you create on the Site in order to access and use our online services.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent consumer protection legislation in your jurisdiction.
Authorised User means a person authorised by the holder of a Commercial Account approved in accordance with Clause 4, to operate the Commercial Account.
Consequential Loss means any form of indirect, special or consequential loss, including loss of reputation, loss of profits, loss of Data, loss of actual or anticipated savings, loss of bargain and loss of opportunity; and any loss beyond the normal measure of damages.
Data means the data services we make available through the Site from time to time.
Documentation means any user manuals, FAQs, tutorial videos or other similar documents in any form made available by us to you in connection with the Site.
Force Majeure Event means an act of God, epidemic, pandemic, fire, lightning, explosion, flood, weather, war, terrorism, a failure in electrical supply, and any cause whether similar or not which is outside the reasonable control of the affected party.
Intellectual Property Rights includes all present and future rights in relation to copyright (including database rights), trademarks, designs, patents or other proprietary rights, trade secrets, know-how and processes or any rights to registration of such rights whether created before or after the date of this agreement, and whether existing in Australia or otherwise.
Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent, and includes direct loss and Consequential Loss.
Personal Information has the meaning given to it under our Privacy Policy.
Site means The Allied Health Academy’s Mighty NetworksTM platform, located at https://thealliedhealthacademy.mn.co.
Third Party Application means any product, service, system, application or internet site integrated or interfaced with the Site that is owned or operated by a Third Party Provider.
Third Party Provider means any third party that provides products or services that are used by you or an Authorised User in connection with the Site.
Third Party Websites means any website that is owned and operated by third parties and not under our control.
Unacceptable Content means:
(a) content which, in our reasonable opinion, is obscene, offensive, upsetting, defamatory, illegal or inappropriate, infringes or appears to infringe the Intellectual Property Rights of any person or contravenes or appears to contravene any applicable laws, regulations or codes of conduct;
(b) content which is construed as hawking or commercial promotion, where these Terms of Use have not been complied with;
(c) content which is incorrect, false or misleading; or
(d) files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software.
We or us means:
(a) HealthWork International Pty Ltd (ABN 67 651 761 723);
(b) AHP Workforce Pty Ltd (ABN 41 650 186 593);
(c) Healthwork Solutions Pty Ltd (ABN 69 651 498 109);
(d) Healthwork IP Pty Ltd (ABN 82 651 761 849);
(e) Healthwork Mapping Pty Ltd (ABN 45 656 886 154);
(f) The Allied Health Academy Pty Ltd (ABN 35 661 494 113); and
(g) Healthwork Publishing Pty Ltd (ABN 38 656 886 501),
You or your means the person (where an individual has agreed to these terms on their own behalf) or organisation (where an individual has agreed to these terms on behalf of an organisation) who creates an Account with us or uses the Site.
2) Usernames, Passwords and Privacy
2.1 When you create an Account, you agree that:
(a) you are solely responsible for your Account and its security and privacy, including your password and ensuring that your Account is used only by you; and
(b) it is your responsibility to ensure that Personal Information you provide to us through your Account is up to date, accurate and truthful and to update it, if it changes.
2.2 You must not:
(a) transfer usernames and passwords to another user;
(b) allow usernames and passwords associated with your Account to be transferred to other individuals; or
(c) create, or allow third parties to create on your behalf, Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means.
You should immediately notify us if a username and password is lost, stolen, missing or otherwise compromised and take immediate steps to change the relevant password.
The transmission and exchange of information between you and other Site members is carried out at your own risk. We cannot guarantee the security of any information that you transmit to other members or share on the Site, and recommend you take reasonable steps to protect yourself when considering the information to include in your public profile, or which you share with other members in posts, articles and in direct messages (chats).
We take measures to safeguard against unauthorised disclosures of Personal Information collected by us as outlined in our Privacy Policy.
3) No Commercial Accounts, Hawking or Commercial Promotion
3.1 Subject to this Clause 3, Accounts are to be in the name of individual people. Accounts for businesses or organisations (“Commercial Accounts”) are not permitted, without our prior consent granted in accordance with Clause 3.3.
3.2 Hawking and commercial promotions are not permitted on the Site without our explicit prior consent granted in accordance with Clause 3.3.
3.3 Persons wishing to establish a Commercial Account, hawk or make other commercial promotions on the Site must contact [email protected] prior to doing so, to obtain our consent, and must not proceed until they have received our consent in writing. We reserve the right to refuse to provide such consent, at our absolute discretion.
4) Your responsibilities and obligations
4.1 You are responsible for ensuring that your use of the Site, and that of any Authorised Users, complies with all applicable laws, regulations and codes of conduct and does not infringe the Intellectual Property Rights or other rights of anyone.
4.2 You must:
(a) comply with these Terms and any terms applied to the services you procure through your Account, at all times;
(b) comply with any Documentation made available by us to you from time to time;
(c) not modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of the Site and any reports generated by using the Site including removing copyright or other proprietary notices;
(d) not extract, scrape or otherwise harvest any data from the Site;
(e) not interfere with or disrupt the Site, including transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature or violate in any way the rights of other users of the Site;
(f) not hack into the account of another user of the Site;
(g) not attempt to circumvent or break any encryption, decryption or other security device or technological protection measure contained on the Site;
(h) not distribute any part of the Site for commercial purposes or otherwise sublicense or resell access to the Site;
(i) not permit any person other than your Authorised Users to use the Site;
(j) not act in any way that could be considered fraudulent;
(k) immediately notify us if you become aware of any breach of these Terms by you or an Authorised User; and
(l) not, and must ensure that your Authorised Users do not, upload any Unacceptable Content to the Site.
5) Management of the Site and Accounts
5.1 If we reasonably believe that any Unacceptable Content has been uploaded to the Site, we will remove this Unacceptable Content.
5.2 We reserve the right to deactivate your Accounts (including banning you from rejoining the Site) if we have reasonable grounds to suspect you have:
(a) breached the Mighty NetworksTM Terms of Use or Acceptable Use Policy;
(b) breached these Terms or the terms applying to any product you purchased or which you are a member of, on the Site;
(c) due to your act or omission:
i. caused damage to our reputation, goodwill or other interests; or
ii. allowed unauthorised access to your Account.
5.3 You are encouraged to report Unacceptable Content and online behaviour which you feel breaches these or the Mighty Networks Terms of Use or Acceptable Use Policy. You can do this by contacting admin (using the chat function in the Site), by emailing [email protected] or by clicking the three dots visible at the top right hand corner of the post or comment you are concerned about, navigating to “more” and “more” then “report this…”
5.4 Upon termination of your Account, you must immediately cease using the Site and we may disable all of your usernames and passwords. If banned from the Site, you must not re-register without our prior consent. You can ask for us to consider your situation and allow you to re-register by emailing [email protected]
6) A Live, Evolving Space
6.1 The Site is intended to be an engaging online space for allied health professionals and other health stakeholders to engage and connect, in a supportive learning environment. By its nature, it is a live, evolving space and we will vary the features, functions, content and other benefits available through the Site on an ongoing basis. If these changes will materially and adversely impact any Account holders, we will provide those Account holders prior notice of the variation as described in clause 3.3, if practicable.
6.2 Nothing in these Terms imposes any obligation on us to develop, release or install for you any content, updates, upgrades, patches, bug fixes, new releases or new versions in relation to the Site.
6.3 We will give a notice required by Clause 3.1 by email or by posting a notice on the Site, and advising of the period from the date on which we give notice to the date the changes will take effect. If you are materially and adversely affected by a change you are notified of and do not want your Account to continue after the changes, you should immediately close your Account. If you do terminate your Account under this clause and you have access to a paid product, a reasonable pro rata refund may be arranged depending on the product and agreed terms and at our absolute discretion – by contacting [email protected]
7) Platform Security and Continuity
7.1 We attempt to make the Site available 24/7, but from time to time it, or some of the features or functionality may be unavailable for whatever reason.
7.2 The Site is hosted on the Mighty Networks™ platform. We have made reasonable enquiries about Mighty Networks™’s data security, back-ups and other continuity processes, which you can read at Mighty Networks Data Security FAQs. We are reasonably satisfied that these protections are appropriate for the provision of our services on the Site, but can make no warranties as to the continuity of the platform.
7.3 If we intend to undertake scheduled maintenance or are aware of scheduled maintenance or other planned unavailability of the Site (e.g. by receipt of notice from Mighty Networks™) we will endeavour to provide you reasonable notice of same.
8) Third Party Applications
8.1 The Site interacts with Third Party Applications and requires Third Party Applications or Third Party Providers to be used for particular features or functionality.
8.2 We warrant that, where we use Third Party Applications or Third Party Providers for the Site:
(a) we are entitled to grant you the licence to use the Site;
(b) the grant of that licence does not infringe the Intellectual Property Rights of any Third Party Provider; and
(c) we will comply with the terms of use of any Third Party Applications or Third Party Providers to try to ensure you have uninterrupted use of the Site.
8.3 We do not make any representations or give any warranties regarding Third Party Applications and cannot make any representations or warranties regarding Third Party Applications linked to by other members of the Site.
9) Links to Third Party Websites
9.1 The Site may contain links to Third Party Websites.
9.2 We provide links to Third Party Websites on the Site as a convenience to you and not as an endorsement of the Third Party Websites, their content or their owners or operators.
9.3 We are not responsible for the content or security of any Third Party Website and cannot make any representations or warranties regarding Third Party Websites shared by other members of the Site.
10) Intellectual Property
10.1 Except as otherwise expressly set out in these Terms, you acknowledge that all content published and made available by us on the Site is either:
(a) the property of HealthWork IP Pty Ltd; or
(b) we have licence to publish and make it available to you on the Site.
Nothing in these Terms grants you any rights or ownership in respect of Intellectual Property Rights in the Site, Data or Documentation, beyond the scope of these Terms or the specific terms for any product or service you are granted access to by us on the Site.
10.2 You warrant that any content you publish or share on the Site is either:
(a) Your property; or
(b) Subject to a licence from the owner/s of the content which allows you to make it available on the Site, to the audience and for the purpose that you have done so.
10.3 We cannot make warranties about the content published by other members of the Site. You should make reasonable enquiries before re-using any content published by members, to ensure that you are legally able to use it as you intend to.
10.4 You are encouraged to report any concerns of breaches of Intellectual Property Rights (your own, or those of third parties) to The Academy by contacting Admin through the chat function or emailing [email protected]
11) Disclaimer
11.1 The Site is provided to you on an ‘as is’ and ‘as available’ basis. Subject to clause 9.1, we do not make any representations or give any warranties or guarantees:
(a) about the accuracy, reliability or completeness of the Site or any content provided through it;
(b) that your access to the Site will be uninterrupted, error free or free from corruption, viruses, interference, hacking or other security intrusion; or
(c) that the Site will be fit for any particular purpose.
12) Liability
12.1 Where the Australian Consumer Law applies and cannot be excluded, these Terms will not limit your legal rights and remedies under that legislation. These Terms will be read subject to the mandatory provisions of the Australian Consumer Law. If there is a conflict between these Terms and the Australian Consumer Law, the mandatory provisions of the Australian Consumer Law will apply.
12.2 Subject to clause 12.1 and notwithstanding any other provision in these Terms, we and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site including any Loss arising from (but not limited to):
(a) any computer viruses or malicious code being transferred by or obtained as a result of your use of the Site; or
(b) any hacking into, data security issues or other similar attacks on the Site or our technical infrastructure including computer servers or other hardware.
12.3 Except where prohibited by law, by using the Site or creating an Account you indemnify and hold us and our directors, officers, agents, employees, subsidiaries, and affiliates harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of the Site or your Account, or your violation of these Terms.
12.4 Neither party will be liable for any Consequential Loss (however caused) suffered or incurred by the other party in connection with these Terms.
13) General Provisions
13.1 These Terms are governed by and will be construed in accordance with the laws of the State of Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
13.2 Neither party is liable for any failure to perform or delay in performing its obligations under these Terms if that failure or delay is due to a Force Majeure Event and it has provided notice to the other party of the Force Majeure Event.
13.3 In the event that any provision of these Terms or its application to any person or circumstance is or is found to be invalid or unenforceable, that invalidity or unenforceability will not affect the validity or enforceability of the other provisions of these Terms or the application of such provisions to any person or circumstance and the said remaining provisions will remain valid, enforceable and will be given full force and effect.
13.4 In these Terms, the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’ or ‘such as’ or similar expressions.