Terms and conditions
Information on this Site
The information and materials on the Site (Information) is for general information purposes about RACGP and its mission and services. The Information is subject to change at any time without notice. In some cases, the Information may include the views or recommendations of third parties, which may not necessarily reflect RACGP’s views.
Transactions on the Site
The Site may offer you the ability to enter into transactions, such as payment of membership fees, or any other transaction relating to a RACGP product or service (Transactions). A Transaction will not be complete unless and until:
- you have issued RACGP with an electronic instruction accepting RACGP's offer or confirming payment by you (whichever is applicable) (Acceptance);
- such Acceptance has been received and processed by RACGP; and
You acknowledge that the transmission of your Acceptance may not be received by RACGP for reasons beyond either party's reasonable control, including but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems.
You further acknowledge that, to the extent permitted by law, RACGP is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission or attempted transmission of an Acceptance through the Site, or any failure to receive an Acceptance for whatever reason.
Purchasing products or services
Where the Site enables you to purchase products or services online:
- The parties may enter into a contract using the Site by RACGP making an electronic offer via the Site and you electronically communicating your Acceptance of that offer to RACGP via the Site;
- RACGP may act on and process all completed Acceptances transmitted or issued through the Site without further consent from or reference to you; and
- RACGP may treat an Acceptance as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Acceptance, or to verify the accuracy and completeness of such Acceptance.
When entering into a contract via the Site, you will be taken to have communicated your Acceptance only when:
- RACGP receives and records your Acceptance in its database;
- A RACGP receipt is generated; and
- RACGP receives current and valid payment details, to which RACGP is able to charge the appropriate price or fee.
A binding contract is conditional on RACGP being able to successfully charge and receive payment of the applicable contract price or fee. A binding contract is not conditional on the receipt by you of a receipt. Therefore, the failure by you to receive a receipt via the Site does not invalidate or otherwise prejudice the existence of any contract or transaction entered into using the Site.
RACGP may or may not issue a paper confirmation of the contract. The existence of a binding contract is not conditional on RACGP issuing, or you receiving, a paper confirmation of the Transaction.
All payments for membership fees or any products or services purchased via the Site must be paid in full by clear funds by the due date specified in the relevant confirmation.
Payments may be made by credit card or by direct debit arrangement with your financial institution.
In the case of credit card payments, you must provide to RACGP details of your current and valid credit card, including:
- credit card type;
- credit card number
- name on credit card;
- expiry date; and
- verification code.
For payment made by direct debit, you must follow the information provided, including by accepting any additional terms and conditions or service agreements that may be applicable.
Your Interaction with the Site
Some parts of the Site may permit you to provide to RACGP or post, upload, input or submit materials to RACGP through the Site or associated services (Materials). You may not post Materials to this Site containing a virus or other harmful components. Nor may you use language or engage in any activity that is threatening, abusive, vulgar, or which may be interpreted as vilification of others on the grounds of race, or which is discourteous or unlawful. RACGP reserves the right to bar from use persons who contravene this rule and to remove or edit messages or material submitted by users.
You are responsible for the Materials you post to the Site and you indemnify us against loss of any nature arising from the infringement of third party intellectual property rights by reason of your unauthorised reproduction of works on the Site. You must not post Materials on the Site unless you are the owner of the copyright or have the express permission of the copyright owner to post them. By posting, uploading, inputting, providing or submitting Materials you warrant and represent that you own or otherwise control all of the rights in and to the Materials including, without limitation, the rights necessary to post, upload, input or submit the Materials and You implicitly authorise others to make unauthorised use of the Materials posted by you on the Site.
Communications by Other Users
RACGP does not represent, warrant or guarantee the validity, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that your reliance on Material posted on the site will be at your own risk.
Materials provided to RACGP
RACGP does not claim ownership of any Materials.
No compensation will be paid in relation to RACGP's receipt or use of the Materials.
Access to the Site
Intellectual property rights
RACGP or its licensors own all intellectual property rights (including any copyright, trade mark rights and patent rights) in the Information and the Site. You may download, copy or print reasonable amounts of the Information for your personal, non-commercial use, but must not use it in a commercial way (for example, publishing, selling or modifying the Information) without RACGP’s prior written consent. In particular, you must:
- acknowledge the source of any selected passage, table diagram or other extract reproduced;
- not to make any charge for providing the Information to another person or organisation without the prior written consent of RACGP for payment of an agreed copyright fee;
- not modify the Information without the express prior written permission of RACGP; and
- include in any copy made the statement: “this material is subject to copyright and may not be reproduced in any form without the express permission of The Royal Australian College of General Practitioners”.
Nothing in this Site is construed as granting you any licence or right to use any trade mark or other intellectual property right of RACGP without the written consent of RACGP.
Requests regarding the use of the Information for any purpose other than educational or personal non-commercial uses should be directed to firstname.lastname@example.org.
In addition to the restriction set out above, you agree that you (and any party connected with you) will not:
- Use the Site for any purpose which could damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site;
- Copy, reproduce, alter, modify, create derivative works, distribute, transmit, publicly display, publicly perform, edit, translate or reformat any of the Information without RACGP's prior written consent;
- Use any robot, spider, screen scraper, data aggregation tool or other automatic process to monitor, copy or extract any Information, or combine any Information with the information of a third party, without RACGP's prior written consent; or
- Reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other formulae or processes in respect of the Site.
Links and frames
If you access the Site via an external link, you are on notice that you do so at your own risk and expense. The existence of the external link shall not be construed as RACGP’s endorsement, sponsorship, approval of, or affiliation with, another person unless the party providing the relevant link is authorised in writing to do so. RACGP reserves the right to object to or have removed any link that it determines in its sole discretion to be inappropriate, inconsistent with RACGP’s rights, the Site's image and reputation or otherwise creates an undue burden on the Site.
The Site may also contain links and frames to websites owned or operated by third parties independent of RACGP (External Sites). Such links and frames are provided for convenience only, and RACGP does not endorse, sponsor or approve, and makes no warranties or representations in relation to:
- The operators of the External Sites;
- The quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the material on the External Sites, or the people who contribute to them; or
- That the material on the External Sites does not infringe the intellectual property rights of any person.
Disclaimer and exclusion
- Does not warrant or guarantee the quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the Information;
- Provides the Site and Information on an 'as is' basis;
- Does not guarantee that the Site or External Sites will be error free, free from viruses, that defects will be corrected or that access to the Site or External Sites will function as intended or be uninterrupted;
- Is not obliged to update the Information or correct any inaccuracy which may become known to RACGP;
- Excludes, to the maximum extent permitted by law, all warranties (whether express, implied, statutory or otherwise, and specifically any implied warranties or conditions of merchantability, fitness for purpose, title and non-infringement) in relation to the Information, the Site or any material on External Sites accessed via the Site or which link or refer to the Site; and
- To the maximum extent permitted by law, is not liable to you for any expenses, losses, costs (including but not limited to legal costs), damages or liabilities (whether direct, indirect or consequential) that arise out of or are referable to the Information, Site, External Sites, the supply of any product or service from the Site, or your access to any part of the Site, whether in contract, tort (including negligence), statute or otherwise. If a court decides that RACGP is responsible for any loss, damage, cost or expense, RACGP’s liability is limited to resupplying the Information or the reasonable cost of having it resupplied.
Reliance on advice
The Information should not be relied upon for personal, medical, legal, investment or financial advice of any kind. You should consult an appropriate professional for specific advice tailored to your situation.