Terms of this licence
All RACGP resources are provided under the terms of this licence. Resources must only be used in accordance with this licence or as authorised by law. By downloading, purchasing or using the resource in any way, you agree to be bound by its terms. Unless otherwise indicated, the RACGP is the owner of all the resources and content it publishes, and any subsisting intellectual property rights.
1. Definitions
- "commercial"means any dealing with the resource, directly or indirectly, which is intended for or contributes to commercial advantage or private monetary compensation (for example, publishing or selling the resource).
- “licence” means the agreement between you and the RACGP governing your use of the resource, on the terms of this document.
- "RACGP" means The Royal Australian College of General Practitioners Ltd, ABN 34 000 223 807, of 100 Wellington Parade, East Melbourne, Victoria, 3002.
- "resource" includes all material offered by the RACGP, including any publications, standards, resources or other subject matter.
- "use" means any manner of dealing with the resource. This includes reproducing, distributing, publishing, communicating, exploiting or commercialising, renting, performing, broadcasting or displaying the resource in any form over any medium.
- "you"means the individual or entity using the RACGP resources.
2. RACGP resources
The Royal Australian College of General Practitioners is Australia’s largest professional general practice organisation and represents urban and rural general practitioners. It represents more than 40,000 members working in or towards a career in general practice. The RACGP produces many resources that are extensively used in Australian primary health settings. This licence governs the use of those resources, to assist the RACGP to continue to produce high quality and helpful publications.
3. Licence
The RACGP grants you a worldwide, royalty-free, non-exclusive right to use the resource in accordance with this licence.
4. Restrictions on reformatting and amendments
You may reformat the resource in order to access it on different types of software. However, you must not amend, edit, modify or adapt the resource content or any part of it without obtaining the RACGP’s prior written permission.
5. Restrictions on commercial use
You must not use the resource for any commercial purpose without the RACGP’s prior written agreement.
To discuss the commercial use of a resource, please contact the RACGP’s General Manager, Policy, Practice & Innovation on 1800 472 247 (domestic), +61 (3) 8699 0300 (international) or at repsandendorsements@racgp.org.au
6. Restrictions on hosting and distribution
RACGP resources must not be hosted in whole or in part on any external website or in connection with any online service or application, without the RACGP’s prior written permission.
RACGP resources may be distributed internally within an organisation (whether incorporated or not). However, this does not include any sublicensing rights, and the resources must not be distributed externally in whole or in part without the RACGP’s prior written permission. Instead, you must direct third parties to the RACGP directly to source their own copy of the resources.
7. Restrictions on the Use of Australian Journal of General Practice and check
Despite anything else in this licence, material from Australian Journal of General Practice and check must not be used or otherwise used in whole or in part in any manner without the RACGP’s prior written permission. To request permission, contact permissions@racgp.org.au
8. Restrictions on Trademark or logo Use
You must not use any trade mark or other logo included within the resource, without the RACGP’s prior written permission.
9. Acknowledgement
Appropriate RACGP attribution and referencing back to the primary source must be included where resource content is used. This includes prominently acknowledging “The Royal Australian College of General Practitioners” as the publisher and owner of the resource.
10. Licence obligations
With any use of the resource you must:
- ensure all employees, directors, officers, other personnel or contractors understand the resource is provided under this licence;
- not assert or imply any connection, sponsorship or endorsement with the RACGP other than granted by this licence; and
- promptly remove the clause 7 acknowledgement in if requested by the RACGP.
11. Disclaimer and exclusion
The RACGP provides its resources as non-exhaustive guides of a general nature and does not guarantee their accuracy, current status, completeness or fitness for purpose. You should exercise your own independent skill or judgment or seek professional advice before relying on these resources.
The RACGP and its employees and agents shall have no legal liability or responsibility for any injury, loss or damage incurred by the use of, or reliance on, or interpretation of, any resource.
12. Termination
The RACGP may terminate this licence upon giving notice if you:
- breach a licence term which cannot be remedied, or if remediable you fail to remedy it within 5 business days after receiving notice of your breach;
- breach clauses 3, 4, 5, 6, 7 or 8; or
- engage in conduct that may damage the RACGP’s reputation or standing.
Clauses 6, 7 and 8 shall survive termination of this licence by the RACGP.
13. General
- Neither this licence nor any rights or obligations under it may be assigned, novated or otherwise transferred by you without the RACGP’s prior written permission.
- Any action, including any act of grace, by a party entitled to the benefit of an obligation under this licence is only effective as a waiver if it is reduced in writing and provided to the other party, and then only to the extent of that written waiver.
- This licence is governed by the laws exercised by the courts in the State of Victoria. The parties irrevocably submit to the exclusive jurisdiction of the courts of that state.
- A provision of this licence that is or becomes invalid or unenforceable in any way is to be severed to the extent possible and necessary to make this licence enforceable. The remaining provisions will not be affected and this licence will be interpreted so as to most nearly give effect to the intentions of the parties as it was originally signed.
- This licence constitutes the entire agreement between the parties as to its subject matter, and supersedes all prior agreements, representations, negotiations and correspondence.
- You must do all things reasonably required by the RACGP (including executing all documents) to give full effect to this licence and the transactions contemplated by it.