Terms and Conditions

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E-Den Education Pty Limited is the owner of this website

Your use of this website indicates your acceptance of these terms and conditions, which are subject to change at the sole discretion of e-Den Education. To register with e-Den education, you must agree with the Terms and Conditions of use below. Use of the Site will be taken by e-Den education as agreement by the user of the Terms and Conditions set out below

1. General

1.1. This agreement is made between you ("You") as the user ("User") and e-Den education and constitutes the terms and conditions in respect of your access to the e-Den education web site ( The Site ) and the use of educational and continuing professional development ("CPD") materials and information management services ("the Services") available to users of the Site. Any use of this Site as a registered user will constitute acceptance of these Terms and Conditions. You must not use this site for any purpose or in any way which is unlawful.

1.2 e-Den Education would like to caution course participants about the potential risks of using limited knowledge when incorporating techniques and procedures into their practices. A single continuing education course does not provide enough information to give the participant the necessary expertise on the topic presented.

1.3 To develop skills and expertise in a given field of study, a well balanced combination of educational courses and clinical experience is required. Our Education is not designed to give qualifications and care must be taken if incorporating techniques into practice with limited knowledge

1.4.The User is solely responsible for the accuracy of all information submitted to a regulatory authority or professional body and the User indemnifies by e-Den education against all loss, damage, claims, costs or demands in this regard.

1.5 No instructor or author has any commercial interest or affiliation to product suppliers. All activities are wholly and solely focused on unbiased educational content

2. Use of the site and Fees

2.1. To use and access the Site and the Services, You must have paid the fees, if any, ("Fees") for those services, as published by e-Den education

2.2. Unless expressly stated by e-Den education, fees quoted do not include any sales, goods and services, valued added, customs or any other applicable government taxes or duty, the cost of which will be borne by the User.

2.3. You are permitted to access and use the Site for the purpose of facilitating access to the education materials and services.

2.4. All payments must be made online by way of an acceptable credit or debit card using our secure third party online payment processor.

2.5. e-Den education reserves the right at any time to alter its fee structure. As a courtesy, fees changes will be announced by posting new fees on the site under the 'Pricing Tab'

2.6 Current fee structure for an annual Premium Membership is $AUD990. Monthly billing for annual Premium Membership is 12 payments of $AUD90. All payments are on an ongoing reoccurring billing cycle and will be renewed automatically. If you wish to cancel your membership after 12 months, 30 day's notice is required. All fee's include GST. Under the monthly billing system you are obliged to fulfil a minimum of 12 payments over 12 months unless the full amount is paid out sooner

Purchase of additional hours during your membership are not on a reoccurring billing cycle

Annual billing cycle may be cancelled after the first payment if 30 days notice is given prior to your next billing date

3. User Name and Password

3.1. When you request registration, e-Den education will automatically confirm your login details ("Username" and "Password") by sending an email to the address you provided during registration

3.2. You may change the Password at any time using the facility provided on the Site. You must immediately notify e-Den education of any password which is lost, inoperable or used in an unauthorised manner.

3.3. You are responsible for exclusive use of the site using your username and password, whether or not the use is made by you or by someone else using your login and password. You are responsible for protecting and securing your password from unauthorized use and you should not divulge your password to a third party

3.4. e-Den education will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and the User will indemnify by e-Den education against all loss, damage, claims, costs or demands in this regard.

4. Links from the Site

4.1. The Site may contain links to other websites that are owned and operated by third parties. Although the third party is affiliated with by e-Den education, e-Den education has no control over these linked sites, all of which have separate terms of use and privacy and data collection practices, independent of by e-Den education. e-Den education has no responsibility or liability for these terms or practices or the content of such websites, and makes no representation or warranties about the products or services they may provide. If the User chooses to access these linked sites, the User does so at their own risk. Links do not imply that by e-Den education sponsors, endorses, or is affiliated with or associated with such websites.

5. Confidentiality

5.1. The records of all educational activities you undertake or record using the Site will remain strictly confidential and will only be disclosed (with your permission) to your nominated regulatory or professional body and to e-Den education employees and contractors for the purposes of providing services to you. e-Den education will not reveal assessment marks, scores or grades of achievement to regulatory or professional bodies without your express written consent.

6. Duration, Expiration, Termination of Agreement and Refunds and Returns

6.1 This agreement is under a minimum of 12 months

6.2. This agreement will continue until either the User or e-Den education, terminate the agreement. Either party may terminate the agreement at any time by sending notice of termination to the other party. On termination, you will cease to be an authorized User of the Site and the Services.

6.3. If e-Den education has reason to believe that any information the User has supplied is not accurate, or if it considers that the User has breached this agreement it may terminate this agreement with 24 hours notice and without liability to the User and the User will cease to be an authorized User of the Site and the Services.

6.4. e-Den education will not be obliged to refund any amounts paid by the User in respect of the Services, the Site or these Terms if the Services or the User's licence to use the Site is terminated under this clause 9.

6.5. Unless a request to terminate after the initial 12 months is made by the user, membership is ongoing and will be deducted from your nominated account on a monthly or annual basis until the user requests termination in writing.

6.6. The contract may be terminated at 30 days notice with no consequences, providing membership has exceeded the initial 12 month period.

6.7. 30 days notice is required to terminate your agreement

6.8. Due to the nature of this system refunds are not given. if you are unsure about our product, it is suggested you initially register for free to trial the service prior to purchase of a Premium subscription. A free registration will allow you to view one Webinar of your choice and gain 1 CPD hour. If you are satisfied, you may upgrade

7. Intellectual Property

7.1. Intellectual property in the Site, the Content, the Services and all other components, is owned by or licensed to e-Den education unless otherwise indicated. Users are permitted to view and print copies of the content from the Website for the purpose of the user's own private study in connection with the services.

7.2. All other copying, downloading, reproduction, distribution adaptation, modification or communication of the Site or any Content is prohibited except with the express written permission of e-Den education.

7.3. The Site may contain trademarks which are registered or otherwise protected by law. These include the e-Den education name and logo and the logos of various e-Den education products and the trademarks of third parties. The User is not permitted to use these trademarks without the written permission of the trademark owner.

7.4. The User acknowledges that a breach of these Terms may infringe not only the rights of e-Den education, but also the rights of third parties whose intellectual property is licensed to. e-Den education without limiting any other provision of these Terms, the User agrees to fully indemnify e-Den education n respect of all claims, demands and proceedings brought by third parties (including all legal fees) arising out of the User's breach of these Terms.

8. Discussion Forums and Content Submissions

8.1. The Site may contain discussion groups, forums, bulletin boards and other facilities for exchange of information with other users of the Site ("Forums"). In using, and contributing material to, Forums, the User must comply with these Terms and all policies, guidelines and directions published by e-Den education

8.2. e-Den education is not responsible for the accuracy, completeness or suitability of any information provided by Users of the Site, and excludes all liability for any reliance or decisions made based on such information. The User agrees to exercise their own judgement in obtaining or using information from the Site, including ascertaining the validity of information.

8.3. e-Den education does not and cannot review all communications and content posted to or created by users accessing the Site and excludes all liability in respect of the content of these communications and materials. If the User has a complaint regarding any material displayed in a Forum or otherwise communicated through the Site, e-Den education sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove content.

9. Submitted Material

9.1. By contributing material to any Forum or otherwise submitting any material through the Site ("Submitted Material"), the User automatically grants (or warrants that the owner of such materials expressly grants) e-Den education a worldwide, perpetual, royalty-free, irrevocable, transferable and sub licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, the User agrees that Submitted Material may be used by e-Den education for purposes including (without limitation) marketing, research and development of goods and services. This licence does not apply to any personal information, credit card details or bank account details provided by the User or to other personally identifiable information e-Den education may collect from the User under the guidelines established in its privacy policy.

9.2. Without limiting the disclaimers set out in clause 13, e-Den education reserves the right to block or remove communications or materials that it considers are or may be:

(a) abusive, defamatory, or obscene;

(b) fraudulent, deceptive, or misleading;

(c) in violation of a copyright, trademark or; other intellectual property right of another;

(d) in violation of any law or regulation; or

(e) offensive or otherwise unacceptable to e-Den education in its sole discretion.

11. Presentations, Warranties and Disclaimer

10.1. The site, The services and the information and other material contained in this site, whether visual, written or audible ("content") is offered 'as is' and e-Den education makes no representations or warranties of any kind concerning the site, expressed, implied, statutory or otherwise, including, without limitation, warranty of merchantability, fitness for a particular purpose, non infringement, the presence or absence of defects or errors.

10.2. Site Content is subject to change at any time without notice. The Site and the Services are provided for health care education and training purposes only and are not intended as a substitute for professional medical advice. e-Den education uses reasonable endeavour to provide current and accurate Content, however the Site and the Content may contain errors. e-Den education does not represent that the Content is current, accurate or complete, or that it is appropriate for the Users specific requirements. e-Den education does not accept any liability from any person for the information or advice (or the use of such information or advice) which is provided on the Site or any web site linked from it.

10.3. Although reasonable efforts are made by e-Den education to ensure the integrity of the Site, e-Den education cannot guarantee the safety of computer systems of site users. e-Den education does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Site. The User acknowledges that the User enter and uses the Site at their own risk.

11. Liability

11.1. The liability of e-Den education and its related bodies corporate for any loss, damage, loss, claim or expense arising out of or in connection with these terms, the use of the site, or the services, will be limited for an aggregate of all claims equal to the fee's for the services paid by the user to e-Den education Pty Limited, in the 12 months prior to the current claim arising

11.2. e-Den education and its related bodies corporate will not in any case be liable for any direct or indirect lost profit, loss of revenue, loss or corruption of electronically stored data or, without limiting the foregoing, any indirect, consequential or special damages howsoever described or claimed, arising out of or in connection with these Terms, the Site, or the Services.

11.3. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on the User by any applicable law in their country of residence that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of e-Den education for a breach of such non excludable condition or warranty is limited, at e-Den education option, to:

(a) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or

(b) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.

12. Indemnity

12.1. The User will fully indemnify e-Den education in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a) any breach of these Terms by the User;

(b) Your use of the Site; or

(c) without limiting the foregoing, any claim that the use of the Site or any Submitted Material communicated by the User infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).

13. Prohibited Uses

13.1. In using the Site in general and in particular any Discussion Forum, You must not:

(a) engage in marketing or commercial promotion of products or services;

(b) impersonate or falsely claim to represent a person or organisation;

(c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

(d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Site in a manner which is unlawful or would infringe the rights of another person; or

(e) post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component

14. Jurisdiction

14.1. These Terms are governed by and must be construed in accordance with the laws of Australia and New Zealand. The parties submit to the exclusive jurisdiction of the courts of Australia and New Zealand in respect of all matters arising out of or relating to these terms, their performance and subject matter.

15. Notices

15.1. You may serve a notice on e-Den education for the purposes of this agreement by sending an e-mail to admin@e-deneducation.com. e-Den education may serve a notice on you by sending it to your email address. Notices will be deemed to have been served one hour after transmission by email.

16. Changes to the User Agreement

16.1. e-Den education may add, remove or change the provisions of this agreement from time to time. All changes will be notified to you by being posted on the Site. It is your responsibility as a user to refer to these additions and changes. Changes will come into effect immediately on being posted and you will be deemed to have accepted them if you continue to access the login area of the Site after that time. If you do not wish to accept them, you must terminate this agreement as described above.

17. Advertising Material.

17.1. Advertising, sponsorship and other commercial promotions from third parties may appear on the Site. Such materials may include links to other sites operated by advertisers and other third parties. Those parties are responsible for ensuring that such sites comply with all relevant local laws and regulations. To the extent permissible by law, disclaims all e-Den education responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.

18. Miscellaneous

18.1. Each party will promptly execute all documents and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms.

18.2. The failure of either party to insist upon a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.

18.3. If any provision in this Agreement is held to be illegal or unenforceable for any reason, such provision shall be severed and the remainder of this agreement shall continue in full force and effect.

18.4. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. You are not permitted to assign any of Your rights, benefits or obligations under these Terms.

18.5. This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and supersedes all prior communications and agreements between the parties as to its subject matter. Each party agrees that unless expressly stated in these Terms, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms.

18.6. Headings have been included in these Terms for convenience only and are not considered part of, or be used in interpreting, these Terms.

19. Privacy

19.1. Personal information provided to by e-Den education through use of the Site will be handled in accordance with the e-Den education Privacy Policy viewed below

19.2. This Privacy Statement should be read in conjunction with the Terms and Conditions. The preservation of privacy for all users of the e-Den education site is of utmost importance to us. To enable us to offer a high quality online experience we need to gather certain types of information about users of the site. We feel that you should understand the terms and conditions surrounding the gathering of information that we collect from users of the site. We take privacy seriously and will work to address any problems or concerns users may have. This Privacy Policy Statement below outlines what information we collect from the site, how that information is used, and how to correct or change it. In this policy "you" and "your" refers to the end user, while "we", "us" and "our" are used to e-Den Education Pty Limited trading as e-Den

1. Collecting Information

We use information that users provide about themselves as well as information that is collected from the Learning Management System (LMS) and web-hosting software used to operate the site.

2. Information provided by users

Like most online organizations e-Den education gathers and tracks information that users provide through registration and subsequent access to the site.

3. Information collected from the LMS and web-hosting software

The information gathered from the LMS assists in offering the most appropriate site functions for the user. The LMS automatically identifies users as they login and records their use of the site. Information collected includes the identity of the user; the date and time when a user logs in to the site; the places on the e-Den education site a user visits while logged in; the courses and activities a user participates in and the activity undertaken as part of those courses. This information is a critical part of offering online learning activities and being able to provide the user with accurate information for their CPD 'My Den' records.

We also collect aggregated anonymous information about site usage. Collecting aggregated information about overall patterns of site use allows us to modify and improve the site and services to best serve your professional development requirements.

4. Information Collected and How to Change It

e-Den education collects and stores personal information as you have supplied to us including your name, postal address, email address, country of professional registration, and professional body or regulatory authority registration number.

When you complete educational activities using materials that are available on the site, a record of this activity is automatically added to your 'My Den' record. All information can be viewed and e-Den website via the 'My Den' pages of the site.

5.Information Storage

Information you provide to e-Den education and information concerning your use of the site may be held at e-Den education offices. You have the right of access to, and correction of your personal information held by e-Den educationIf you wish to know what information we hold about you, please e-mail us using the online contact form or postal addresses detailed under Contact Us.

6. Disclosures we might make

We will disclose information we maintain when required to do so by law such as might occur in response to a court order or in response to a request by a law enforcement agency. With your permission, or at your request, we may disclose information we maintain to your accrediting agency for the purposes of providing a summary of your activities. Summaries DO NOT include test scores or other detailed assessment related information which is always held confidentially.

7. Promotional Mail

Unless you have otherwise indicated on your personal profile we may, from time to time, email you information on selected products and services that may be of interest to you as a healthcare professional. You may opt out of receiving this information by unsubscribing to email newsletter by clicking on the unsubscribe link included in all email. We hate spam, therefore e-Den education will never sell, trade or otherwise make available your personal details to a third party

8. Future Changes

From time to time, all our terms, conditions and policies are reviewed and may be revised. e-Den education reserves the right to change its privacy policy at any time and notify you by posting an updated version of the policy on our web-site.

Further Information about Privacy

In Australia visit the web-site of the Australian Federal Privacy Commissioner

http://www.privacy.com.au

In New Zealand visit the web-site of the Privacy Commissioner

http://www.privacy.org.nz

In the UK visit the web-site of the Information Commissioner's Office

http://www.ico.gov.uk

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