AN@TOMEDIA online learning resources (“Program”) website (“Website”) is owned by ANATOMEDIA PUBLISHING PTY LTD. In
these terms and conditions, “we” “us" and “our” refers to ANATOMEDIA PUBLISHING PTY LTD. Your access to and use of all information on the Website including
purchase of our product/s is provided subject to the following terms and conditions (“Terms”).
We reserve the right to amend these Terms at any time. Your use of the website following any amendments will represent your agreement to be bound by these Terms as amended. We, therefore, recommend that each time you access our Website you read these Terms.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time if they change.
3. On registration, we provide you with a password.
4. On registration, you agree to pay for our services as set out on our website.
5. We reserve the right to terminate your membership at any time if you breach these Terms.
OUR WEBSITE SERVICES
6. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
7. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
8. We strive to ensure that our products are described as accurately as possible on our website, however, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
9. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
11. We endeavour to ensure that our product list is current, however, we give no undertaking as to the availability of any product advertised on our website.
12. We provide online resources so do not do deliveries. There are no packaging and postage charges applicable.
13. When you order from us, we require you to provide your name, address, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liableb for its misuse due to an error in transmission or virus or malware.
14. We undertake to accept or reject your order within SEVEN (7) days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
15. Online access to your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
16. All risk of loss or damage to the goods passes to you when we authorise your online access to the goods.
17. We undertake to reimburse you for any product that is faulty. If you wish to unsubscribe due to a faulty product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to unsubscription.
18. We will not provide any refund of subscriptions, even if cancelled early.
19. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase.
20. The copyright in the content of the Website is owned by or licensed to us (“Content”). The Content is intended for personal educational use only. When you visit our Website we give you a limited licence to access and use the Content for a personal educational purpose. (Please see Legal section for further details of the terms of the licence.) You are permitted to download a copy of the content to your computer for educational purpose for the length of license provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Any other use of our content will infringe our intellectual property rights.
21. Except as permitted under the CopyrightAct 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any Content without our prior written permission.
22. The licence to the Content does not include the right to use any data mining robots or other extraction tools nor does it permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our website.
23. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
24. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
INTELLECTUAL PROPERTY RIGHTS
25. The copyright to all Content including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
26. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our Website does not license you to use those marks in any way without our prior written permission.
27. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this Website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
28. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
29. Whilst we have taken all due care in providing the information on our Website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
30. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
31. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
STATUTORY GUARANTEES AND WARRANTIES TO CONSUMERS
32. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you. The C&C Act gives you statutory guarantees which will apply if you fall within the definition of consumer.
LIMITATION OF LIABILITY
33. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
(iv) We do not participate in any way in the transactions between our users.
34. By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website.
35. These Terms are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these Terms will be heard in a Victorian court and you agree to submit to the jurisdiction of those Courts.
36. If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
37. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. The information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
This privacy statement applies to the AN@TOMEDIA online learning resources (“Program”) website (“Website”) which is owned and managed by Anatomedia Publishing Pty Ltd (“APPL”). APPL is committed to protecting your privacy in accordance with Victorian legislation. APPL protects the privacy of personal and it holds and uses it only for the purposes intended.
This privacy statement outlines how information is collected, used, stored and accessed on the Website and the security of that information.
What information is collected and how is it used?
Personal information is any information that can be used to identify or contact a person. Any personal information collected and/or stored on the Website will be voluntarily provided by you when you interact with the Program. You will be asked to provide personal information when you register to use the Program and become a member.
The type of personal information collected may include (without limitation) your name, post-code, birth date and e-mail address.
Any information you provide in interacting with the Website will only be used for the purpose for which you provide it and will not be disclosed to any other party unless your written consent has been obtained.
This site uses visitor logs to automatically record non-personal data, which does not identify specific users. To the extent that any data could identify you, we will not attempt to do so unless required by law. De-identified data from the visitor logs may be used to update and improve this Website and for statistical purposes only.
Security of information
We take reasonable steps to securely store your personal information to ensure that it is protected from loss, misuse or unauthorised access, disclosure or modification. Integrated technology and security measures have been built into the design, implementation and use of the
Website to protect the information you submit. While these security measures seek ensure the privacy of information while it is transmitted across the Internet, there are risks in doing so and we cannot guarantee the privacy of the information during transmission
When we no longer need any personal information submitted by you we will take reasonable steps to destroy the information or ensure that the information is de-identified. This will apply except we are required by law or a court/tribunal order to retain the information.
You may access or ask us to correct or update any personal information collected and held by us by sending a written request to Anatomedia Publishing. Our obligation to correct or update information is subject to any applicable limitation in law.
If you believe that your personal information is being used for a purpose other than what was intended when submitted, you may contact us. In all cases, we will take reasonable steps to verify your identity prior to granting access to your personal information or making corrections to the information collected.
How to contact us
If you have any queries or concerns regarding our handling of information please email us at firstname.lastname@example.org or write to Anatomedia Publishing Pty Ltd. PO Box 313 Richmond 3121.
AN@TOMEDIA online learning resources (“Program”) contains images of real human bodies from live models (with consent) and cavaderic material. Ethical approval for use of cadaveric material is licensed under the Human Tissue Act and was approved by The University of Melbourne Human Ethics Committee.
The Program would not have been possible without the generous bequests/ permission of human body donors and their families. Donor anonymity has been preserved and any likeness to any individual (living or deceased) is purely coincidental.
The Program has been developed by Fitzroy IT for Anatomedia Publishing Pty Ltd (“APPL”) under licence from Anatomedia Pty Ltd (“APL”), the owner of the copyright in the Program. The Program is intended for personal use only. APPL has agreed to grant You, the end user, a licence in respect of the Program subject to the below.
(a) print, copy, reproduce, transmit or translate the Program by any means or in any form;
(b) give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate, commercialise or publish or enter into a commercial rental agreement for the Program in any form to any other person or attempt to do any of these acts;
(c) modify, adapt, alter, reverse engineer or decompile the Program;
(d) alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Program;
(e) access or use the Program using anyone else’s login details (or allow anyone else access using your login).
(f) engage in any act which infringes APL's intellectual property rights in the Program.
4 If the liability of APPL for breach of any term, condition or warranty implied by law or otherwise in respect of the supply of the Program (“Prescribed Term”) is capable of exclusion it is hereby excluded.
5 If the liability of APPL for breach of any Prescribed Term cannot be excluded but is capable of limitation it is hereby limited to resupply of the Program.
6 Except as provided by Prescribed Terms (if any) which are not capable of exclusion or limitation, or as expressly set out in these terms and conditions:
(a) APPL makes no warranties whatsoever in relation to the Program, including but not limited to warranties as to performance or fitness for purpose; and
(b) You will not under any circumstances have any cause of action against, or right to claim or recover from, APPL for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Program or any breach of these terms and conditions.
7 Medical knowledge is constantly changing. As new research and clinical experience broaden our knowledge and new information becomes available, changes in treatment, procedures, equipment and the use of drugs become necessary. APPL has, as far as it is possible, checked with sources believed to be reliable in their efforts to provide information that is complete and generally in accord with the standards accepted at the time of publication. HOWEVER, IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR
CHANGES IN MEDICAL SCIENCES, APPL DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE PROGRAM IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND IT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. You, as users of the Program are strongly advised to confirm that the information, especially with regard to the anatomical basis of practical procedures, complies with the latest legislation and standards of practice as applicable.
8 You agree to indemnify APPL from and against all liability and all loss and damage of any kind whatsoever caused directly or indirectly by any claim or action against APPL arising directly or indirectly out of your use of the Program or any breach by you of these
© Anatomedia Pty Ltd 2017.