Terms of Use

These terms of use (“Terms of Use”) between you (“you” or “your”) and the Women’s and Children’s Health Network Incorporated as represented by Digital Learning and Design (“we”, “us” or “our”) govern the use of this website and our eLearning programs.

We may revise these Terms of Use at any time and without notice by updating this page. We recommend that you carefully read the current Terms of Use on every visit to this website.

By using this website and/or eLearning program(s) you agree to the following Terms of Use:

Purchase of eLearning Programs

Payment

You are responsible for payment of any eLearning programs (and any applicable fees and taxes) purchased from this website. We reserve the right to vary our fees from time to time.

Online payments are processed via a secure, 3rd party provider. Organisations can choose to pay via an invoice.

You will not be able to access the eLearning programs without an access key. Payment must be received in full (for an individual or an organisation) before an access key can be issued. Confirmation that your payment has been received, the access key and receipt/tax invoice will be sent to you at the email address you provided.

All prices displayed on this website are inclusive of GST. Your final purchase price may be different depending upon the tax that applies to your delivery location. Where GST is not applicable based on your location, this will be declared in the checkout.

Personal Details

You warrant that all information provided by you in connection with registering for access to our eLearning programs is complete, current, accurate and not misleading, and that you will not misrepresent your identity.

Individual Users

Your access to the eLearning program expires 12 months from the date the access key was issued. You will be required to complete the eLearning program within this time or pay to renew your access. A valid email address is required to register on this website.

Key Owners

Key owners will have access to the eLearning program and to an administration dashboard to monitor use of their access keys. All keys expire 12 months from the date the access key was issued. There is no refund for keys which have not been utilised within this time period. Access key owners are responsible for the management and distribution of keys to their constituents, and for securing the access keys to avoid unauthorised access. Each individual user accessing the course with an access key is required to have a valid email address. Access key owners are required to comply with the provisions outlined in these Terms of Use, including the provisions relating to Privacy.

Certificates of Completion

We issue a Certificate of Completion upon successful completion of assessment. These are available for download from this website.

You are not permitted to alter your personal registration details in order to provide a certificate(s) for another person(s). Changes to personal details are monitored and in the event that we suspect you may be changing your details in order to create certificates for another person we may suspend access to your account. We may also notify your employer or the organisation that you have selected in your profile.

Organisations are not permitted to issue an alternative Certificate of Completion for this program based on other criteria.

Use of Website & eLearning Programs

Feedback

You are encouraged to provide feedback, comments and suggestions on our resources. Feedback will be used for the purposes of quality assurance and improvement. It may also be used as part of any research, evaluation process and/or in promotional material.

Feedback can be provided through the Contact Us links on our website and/or through end-of-course evaluation surveys.

Use of case studies and scenarios

Our resources use scenarios and case-studies as educational tools. While these may be based on a real case, identifying information such as names, demographic information and other details are changed in order to protect those involved.

If you find these case studies or anything discussed in our courses and other information distressing it is important to acknowledge your concerns and experiences with your colleagues and/or to seek professional assistance. This may be through your Employee Assistance Program (EAP) or another healthcare provider.

Privacy and Security

We are bound by the Government of South Australia’s Information Privacy Principles (IPPs) and are committed to protecting the privacy of personal information.

This website collects and uses a record of your visit and logs of information for statistical purposes. This may include the user’s IP address, date and time of visit to the website, pages accessed and documents downloaded, previous website visited and type of browser used. This information is analysed to determine the website’s usage statistics and improve this program. No attempt will be made to identify an individual user’s browsing activities except where a law enforcement agency exercises a warrant enforcing us to do so.

This website collects and retains personal information required to register in order to access the learning material. Your personal information will be used to supply a Certificate of Completion to users who successfully complete the course, provide participating organisations with lists of staff who have registered and/or completed assessment for the purpose of staff credentialing and/or organisational accreditation. It may also be used to notify you of updates and new learning material produced.

Where you have provided us an email address and we send you an email, we may use a program that tells us when the email that we sent was opened by you.

Personal details are stored in a secure server location and will not be used for any purpose other than those stated in the preceding sentences of this paragraph.

Your personal information will not be disclosed to a third party except in accordance with the IPPs, such as where your consent has been obtained or where disclosure is authorised by law.

Aggregated statistical data which does not contain personal data may be used from time to time to assist in the management and/or evaluation of the eLearning programs, in stakeholder reports, promotional activities and for professional/academic purposes such as conference presentations and in industry or professional journals.

Feedback data collected about each eLearning program is aggregated and is not linked to your personal information. Feedback will be used for the purposes of quality assurance and improvement. They may also be used as part of any evaluation process and/or in promotional material.

We also use Google Analytics to collect information about how people use our website. The information we obtain from Google Analytics helps us understand user needs so that we can offer a better user-experience.

Google Analytics uses cookies to collect information about which pages you visit, how long you are on the site, how you got there (for example from a search engine, a link, an advertisement etc.) and what you select. Information collected by the cookies (including your IP address) is transmitted to and stored by Google on servers in the United States.

By using this website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google. However you may then be limited in your use of some areas of this website.

You should note that there are inherent risks associated with transmission of information via the Internet. Internet communications may be susceptible to interference or interception by third parties. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should utilise this website.

We do not accept any liability for the security, authenticity, integrity or confidentiality of transactions and other communications made through this website.

Your responsibilities

In order to reduce the risk of your information being used inappropriately you:

  • must not share your login credentials (username and password) with any other person or save the details elsewhere such as on any electronic system, email or document storage service
  • should use a unique password for this service, that you have not used for any other electronic system or service.

Notification of data breach

If you believe that a data breach has occurred you should advise us urgently through the Contact Us link on our website.

Report Administrators

We may, in our sole discretion, authorise specific users within an organisation, administrative region and/or jurisdiction as Report Administrators for the purpose of staff credentialing and/or accreditation. These report administrators may be able to access records of completion for you and other users and/or aggregated statistical data.

As a Report Administrator you agree that these reports contain personal information and must only be used for the purposes specified and in accordance with these Terms of Use, your organisation's privacy policies and the requirements of any relevant legislation including the Privacy Act 1988 (Cwth).

These reports are provided based on the information that a user provides during the registration and/or edit profile process, and are reliant on the information being accurate and kept up-to-date. We make no express or implied warranties that the information provided to Report Administrators is complete and/or accurate.

These reports are generated from a live database. Registered users may move between participating organisations, and reports may reflect these differences.

In the event that there is a problem with a report you should contact us immediately.

Copyright

Copyright in our resources including but not limited to source code, text, pages, documents, online graphics, audio and video are managed by Digtal Learning and Design and the South Australian Department of Health and Wellbeing and vested in the Government of South Australia (Minister for Health and Wellbeing).

Unless noted otherwise, and apart from any use permitted by the Copyright Act 1968, you are granted a licence to use this material for private use or use within your organisation for non-commercial purposes only. No licence to publish, communicate, modify, commercialise, alter, or reverse engineer this material is granted.

For reproduction or use of the copyright material beyond this limited licence permission must be sought from us. That permission, if given, may be subject to a range of conditions.

No permission to reproduce or use copyright material, other than that expressly stated above is to be implied by the availability of material on this site.

Trademarks used in this site are the property of their respective owners.

Computing Malware

We do not represent or warrant that this website or any other information or material contained in, downloaded or accessible from this website, is free from computer malware (including but not limited to viruses, worms, trojans, spyware, adware) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

Linking to our website

You may provide links to our resources from your or your organisation's learning management system, website or in other material so that your users can easily locate our resources. However, unless specifically agreed by us in writing, you are not permitted to upload this material in any form to, or distribute this material from, your or your organisation's learning management system, website or any similar system.

Availability of website and eLearning program

The accessibility and operation of our resources relies on internet and information and communication technologies outside of our control. We do not guarantee that our resources will operate without interruption or be available at all times.

Termination of Use

If in our reasonable opinion you breach any of these Terms of Use we may suspend, terminate or limit your access to our resources. If we do not act in relation to a breach by you of these Terms of Use this does not waive our right to act with respect to subsequent or similar breaches.

Our resources are for personal and non-commercial use. You may not use our resources to on-sell or provide to a third party. If you are suspected of using our resources in this way then we reserve the right to cancel your access.

External Links

This website contains links to a number of other websites. No representations are made as to the availability of those websites and we are not responsible or liable for the content of those other websites. Accessing those other websites is at your own risk. Those websites are included on the basis that they contain related content. These links to other websites are provided for information and assistance only and should not be construed as an endorsement or approval of that website. A user who enters another website should refer to any terms applying to the use of those other websites.

When a user has clicked on a link to another website, they leave this website and the privacy and security statements contained in these Terms of Use do not apply to those websites.

Language Translation

If you use automatic language translation services in connection with this website you do so at your own risk. No representations, express or implied, are made as to the accuracy or usefulness of any translation of the information on this website or any linked website into another language.

Site Changes

The information and data on this website is subject to change without notice. We may revise its material at any time and without notice.

Disclaimer

Our resources are provided for educational purposes only. It is the intent of the authors to provide evidence-based best practice where this exists and whilst the information in our resources has been carefully prepared by the authors it has not been tailored to any particular patient's circumstances. Our resources may be used as a guide but are not a substitute for your organisation's policies and procedures, current clinical guidelines, evidence and expert opinion in relation to decision making in clinical practice. Readers are encouraged to seek information and advice regarding local practices in their own institutions.

We and other associated organisations and authors of our resources do not make any express or implied representation or warranty in relation to the completeness, accuracy, suitability, fitness for a particular purpose, or currency of the information provided. We and these other persons are not liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss or damages arising in connection with the use or reliance upon any of the information, materials or eLearning programs available from this website.

Any access to this website or use of any information, materials or eLearning programs available from this website is at your own risk in all things.

Limitation of Liability

Nothing in these Terms of Use excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these Terms of Use to be void.

To the extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with your use of this website or any use or reliance of any information, materials or eLearning programs in connection with this website (including loss of data, performance or non-performance of any services), whether under the law of contract, in tort, in equity, under statute or otherwise including all legal costs is limited to the amount of $10.00 or an amount equal to the total amount of the fees received by us and paid by you for use of our resources during the past 12 months, whichever is the greater.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us, and that these limitations are an essential basis to our ability to make our resources available to you on an economically feasible basis.

Indemnification

You agree to indemnify us from any loss, expense, damage, claim or cost (including legal costs on a full indemnity basis) arising out of your breach of these Terms of Use.

Force Majeure

We will not be in breach of these Terms of Use or liable to you if we fail to perform or delays in performance of an obligation as a result of an event beyond our direct control, including but not limited to internet loss or interruption, data loss or interruption, strikes, industrial disputes, fire, flood, acts of God, war, insurrection, vandalism, sabotage, riot, national emergency, piracy, hijack, terrorism, embargoes, restraints, extreme weather, illness or injury to our personnel, actions or inactions of your personnel, legislation, regulation, order or other act of government or governmental agency.

No Assignment

You must not assign, novate or encumber any of your rights or obligations under these Terms of Use without first obtaining our written consent, which may be given or withheld in our sole discretion.

Entire Agreement

These Terms of Use, as they may be varied from time to time, constitute the entire agreement between us and you with respect to your use of all resources provided by us.

Any reference in these Terms of Use to ‘we’, ‘us’ or ‘our’ also includes our employees, officers, agents and contractors.

Waiver

We will only waive a right under these Terms of Use by written notice to that effect. Nothing else done or omitted to be done by us in relation to our rights under these Terms of Use will have the effect of a waiver.

Severability

If any provision or part of a provision of these Terms of Use is invalid or unenforceable in any jurisdiction:

  1. the provision must be read down for the purposes of the operation of that provision in that jurisdiction, if possible, so as to be valid and enforceable; or
  2. if the provision cannot be read down, it must be severed if it is capable of being severed without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of that provision in any other jurisdiction and the parties must consult in good faith to determine whether any amendment or substituted provision is required.

Proper Law and Jurisdiction of the Courts

The laws in force in South Australia apply to these Terms of Use.

You irrevocably submit to and accept generally and unconditionally the non-exclusive jurisdiction of the courts and appellate courts of South Australia with respect to any legal action or proceedings which may be brought at any time relating in any way to these Terms of Use. Any proceeding brought in a Federal Court must be instituted in the Adelaide Registry of that Federal Court.