Website Terms and Conditions of Use
1. About the Website
1.1 Welcome to insightmedicalcareers.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase a variety of online courses that have been listed for sale through the Website as well as download Eproducts and digital resources, and browse and book the services of Insight Medical Careers (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).’
1.2 The Website is operated by Jo Hely t/a Insight Medical Careers (ABN: 29 862 449 103) t/a Insight Medical Careers. Access to and use of the Website, or any of its associated Products or services, is provided by Insight Medical Careers. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 Insight Medical Careers reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Insight Medical Careers updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Insight Medical Careers in the user interface.
3. Purchase of Products and Returns Policy
3.1 In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Products (the ‘Purchase Price‘).
3.2 The Website allows you to make bookings for Insight Medical Careers coaching services, Bookings are made and paid for through the booking system provided(‘the Booking System’).
3.3 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the ‘Payment Gateway Providers‘).
3.5 Following payment of the Purchase Price being confirmed by Insight Medical Careers, you will be issued with a receipt to confirm that the payment has been received and Insight Medical Careers may record your purchase details for future use.
3.6 You acknowledge and agree that where a request for the payment of the Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fees.
3.7 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
3.8 Insight Medical Careers does not provide refunds for Products. Please keep this in mind when making a purchase.
4. Copyright and Intellectual Property
4.1 The Website, the Purchase Services and all of the related products of Insight Medical Careers are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Insight Medical Careers or its contributors.
4.2 Insight Medical Careers retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Insight Medical Careers; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
4.3 You may not, without the prior written permission of Insight Medical Careers and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
6. General Disclaimer
6.1 You acknowledge that Insight Medical Careers does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
6.2 Production descriptions posted on Insight Medical Careers’ Product pages are used as an indication of the services rather than an actual representation. Insight Medical Careers accepts no responsibility for inaccurate information supplied to it.
(a) The website may contain technical inaccuracies or typographical errors or omissions. Insight Medical Careers is not responsible for typographical, pricing, product information or advertising.
(b) Advertised prices and availability are subject to change without notice. Insight Medical Careers reserves the right to make changes, corrections and/or improvements to the Website, and to the products and services described in such information, at any time without notice.
6.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
6.4 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Insight Medical Careers will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.5 Use of the Website, the Purchase Services, and any of the products of Insight Medical Careers is at your own risk. Everything on the Website, the Purchase Services, and the Products of Insight Medical Careers, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Insight Medical Careers make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Insight Medical Careers) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
7. Information Disclaimer
7.1 Insight Medical Careers does not guarantee specific results, job opportunities or employment through the use of the Products. Any information, advice, content or documentation provided through the Products, including in the associated blog and Eproducts, on the Website or on any other related platform do not constitute career, professional, financial, business or other advice, and are provided for general information and guidance purposes only.
7.2 All care is taken in the preparation of the information and published materials including in the associated blog and Eproducts, on the Website or on any other related platform. Insight Medical Careers does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
7.3 To the extent permissible by law, Insight Medical Careers will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the associated blog and Eproducts, on the Website or on any other related platform.
8. Mailing List Registration
8.1 You will be given the option to register for the Insight Medical Careers Mailing List (the ‘Mailing List‘).
8.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
8.3 If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from Insight Medical Careers.
9. Limitation of Liability
9.1 Insight Medical Careers’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Insight Medical Careers is the resupply of information or Purchase Services to you.
9.2 You expressly understand and agree that Insight Medical Careers, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9.3 Insight Medical Careers is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Insight Medical Careers, by third parties or by any of the Purchase Services offered by Insight Medical Careers.
10.1 You agree to indemnify Insight Medical Careers, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
11. Venue and Jurisdiction
The Purchase Services offered by Insight Medical Careers is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
12. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
13. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.