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Terms and conditions


Please read these terms and conditions carefully before using this site.

Last updated: 7-May-2020

Contents:

Using our Site

Payments

Using our site


1. Who we are and how to contact us

The Royal Australian College of General Practitioners Ltd ABN 34 000 223 807 (the RACGP, we, us, our) operates websites, under its various domain names including its corporate website under the domain name “racgp.org.au” (Site).

To contact us, please email racgp@racgp.org.au OR telephone our customer service line on 1800 472 247.


2. By using our site you accept these terms

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.


3. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

These terms were most recently updated on 7-May-2020 when we revised all our terms for the purpose of ensuring these terms align with how our Site is used by RACGP members and the public.


4. We may make changes to our site

We may update and change our Site from time to time to reflect changes to our products, our users’ needs, changes in law and our business priorities. We will try to give you reasonable notice of any major changes.


5. We may suspend or withdraw our site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.


6. Eligibility to use our site

Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.


7. You must keep your account details safe

RACGP members are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at membership@racgp.org.au.


8. How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.


9. Do not rely on information on this site

This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

Medical information on this website is made available for educational and research purposes only, and should in no way be a considered as medical advice nor as a substitute for advice provided by your healthcare professional.


10. We are not responsible for websites to which we link

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.


11. User-generated content

This Site may include information and materials uploaded by other users of the Site, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

This Site may contain comment threads, forums, bulletin boards, and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Site.

All User Contributions must comply with the content standards set out in Clause 12 of these terms.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us, our affiliates, service providers and licensees the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards in Clause 12 of these terms.

You are solely responsible for securing and backing up your content.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us, our affiliates, service providers, and our licensees.
  • All of your User Contributions do and will comply with these terms.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  • We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us on racgp@racgp.org.au.


12. Content standards

The content standards in this clause 12 apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:

  • Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards in this clause 12.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.


13. Limitation of liability

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable solicitor’s fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to, your User Contributions, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.


14. We are not responsible for viruses

We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Site. You should use your own antivirus software.


15. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in Clause 12.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact racgp@racgp.org.au.


16. Australian law applies to disputes

These terms of use, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.


17. Our trade marks are registered

The Royal Australian College of General Practitioners and RACGP and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under Clause 8. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.


18. Prohibited uses

You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Clause 12 of these terms;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

  • use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
  • use any automatic or manual process to reverse engineer or decompile any part of the Site;
  • use any device, software or routine that interferes with the proper working of the Site;
  • introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
  • attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Site.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.


19. Other terms and conditions

Additional terms and conditions may also apply to specific portions, services or features of the Site (e.g. Forums, gpLearning and recruitGP, but also Delegate Conditions). All such additional terms and conditions are incorporated by this reference into these terms.


Purchasing & Payments


20. Payments

The RACGP securely handles payments in accordance with the Payment Card Industry Data Security Standard (PCI-DSS) and Australian privacy laws. Our Site uses secure payment methods in line with protocols used by PayPal, Visa, MasterCard and American Express. Data is stored in PCI DSS certified data centres located in the United States. These centres use a Secure Acceptance approach whereby encrypted payment data is transmitted directly to a secure server in the United States, where it is securely stored, in conformity with Australian privacy laws and PCI-DSS protocols.

Unless otherwise indicated, no product or service will be delivered to you without payment being received by the RACGP.

A tax invoice (receipt) will be issued for completed purchases. Any dispute regarding the invoice must be notified to the RACGP within two business days of receipt of invoice.


21. Payment options

The following online payment options are available:

  • Credit card
  • PayPal

The following credit cards are accepted:

  • Visa
  • MasterCard
  • American Express

Offline transactions may be available if provided in the details for individual products.


22. Purchasing products or services

Our Site may offer you the ability to enter into transactions relating to a RACGP product or service (Transaction). These are available on the following basis:

  • Each Transaction initiated by you is an offer to buy the products or services selected by you, subject to these terms (Offer).
  • After you initiate the Transaction, you will receive an email from the RACGP acknowledging that the RACGP have received it, but please note that this does not mean that your Offer has been accepted.
  • The RACGP’s acceptance of your Offer takes place when the RACGP sends an email to you to accept it (Confirmation Email), at which point and on which date a contract between you and the RACGP will come into existence. The contract will relate only to those products or services referred to in the Confirmation Email.
  • If the RACGP is unable to supply you with the products or services for any reason, the RACGP will inform you of this by email and we will not process your Offer. If you have already paid for the products or services, we will refund you the full amount.
  • Payment for the products or services selected by you is in advance. The RACGP will take payment upon acceptance of your order. The payment options are outlined in clause 21 above.


23. Prices

Prices are correct at the time they appear on the Site. However, the RACGP reserves the right to change prices at any time.

Prices may have a goods and services tax (GST) component which you may check at point of payment in the shopping cart. GST may apply depending on the item or product you are purchasing, and the location you are purchasing from. Unless otherwise stated the prices include processing, handling and delivery charges (as applicable) for delivery to your nominated location.


24. Membership payment options

The RACGP offers the following range of flexible payment options for memberships:

  • Upfront online payment by PayPal, VISA, MasterCard or AMEX;
  • Upfront payment by Cheque or BPay;
  • Automatic renewals in accordance with the terms in clause 24A below; and
  • Interest free payment terms via zipMoney in accordance with the terms in clause 24B below.


24A. Automatic renewal facility

The RACGP offers an automated annual membership renewal facility (renewal facility). Members need to opt-in to the renewal facility and agree to these terms and conditions.

By opting in, members are authorising the RACGP to deduct their membership fees from their nominated credit card (Visa, Mastercard or Amex) or PayPal account. The RACGP will process the payment deduction in the month of June each year (renewal date).

Members who opt-in to the renewal facility after the renewal date will have their unpaid membership fees for the current year deducted when they opt-in, and automatic deductions will commence from the next renewal date.

If a member has opted in to the renewal facility, they must ensure:

  • there are sufficient funds available in their nominated account on the renewal date;
  • the details (including contact and nominated account details) they provide are correct at all times, notifying the RACGP if such details change; and
  • they notify the RACGP if their nominated account is transferred or closed.

The RACGP will send members a reminder email not less than 28 days prior to the renewal date (renewal reminder). This email will include details of membership fees, a reference to their nominated account for confirmation, and any changes to these terms and conditions.

Due to the potential for account details to change in the 12 month period between membership payments, the RACGP will conduct an automated validation check against each member’s nominated account approximately 10 business days after the renewal reminder. The RACGP will contact members if their account details need to be updated.

Members can opt out of the renewal facility up to and including 28 days from the date of the renewal reminder by contacting the RACGP on 1800 472 247 or emailing membership@racgp.org.au.

If a member’s deduction fails:

  • the RACGP will contact the member for resolution. Members will have until 30 June to make the payment.
  • a member’s financial institution and the merchant (RACGP) could charge members a dishonour fee.
  • a member’s financial institution might alternatively choose to honour the payment, but charge an overdrawing fee and default interest.

Members are responsible for any such fees and charges. Membership will not be confirmed until a member’s fees have been processed.

If any member believes that a payment has been processed incorrectly, please contact RACGP membership on 1800 472 247 or email membership@racgp.org.au.


24B. Interest free instalment plans with zipMoney

Members also have the option to pay their RACGP membership fees by interest free instalment plan via zipMoney.

6 month interest free instalment plans are available to all approved RACGP members (or proposed members). This facility is offered by zipMoney Payments Pty Ltd (ABN 58 164 440 993; Australian Credit Licence 441878). Members must enter a ‘Zip Line of Credit’ to obtain the benefit of this facility. Minimum Repayment Amounts must be made during the 6 month interest free period, following which any Unpaid Balance will be charged interest at 19.9%. There is no establishment fee for this facility, however a monthly account service fee of $4.95 will be applied for any month when there is an outstanding balance owing.