Terms of Use
The Royal Children’s Hospital Learning Platform is a Learning Management System (LMS) which hosts a range of free and fee-based courses. The LMS is established and maintained by The Royal Children's Hospital (ABN 35 655 720 546) (the RCH). These Terms of Use set out the terms and conditions of a contract between you and the RCH governing your access to, and use of, the LMS (defined below). By visiting, registering for, or using this LMS, you agree to be bound by and abide by these Terms of Use (as amended from time to time).
The RCH reserves the right from time to time to change these Terms of Use without prior notice to you or the requirement to obtain your consent. You are responsible for informing yourself of any changes to these Terms of Use and any notices posted on the LMS and should read them carefully before you use the LMS.
RCH Online Learning Program Terms of Use
The Royal Children’s Hospital Learning Platform is a Learning Management System (LMS) which hosts a range of free and fee-based courses. The LMS is established and maintained by The Royal Children's Hospital (ABN 35 655 720 546) (the RCH). These Terms of Use set out the terms and conditions of a contract between you and the RCH governing your access to, and use of, the LMS (defined below). By visiting, registering for, or using this LMS, you agree to be bound by and abide by these Terms of Use (as amended from time to time).
The RCH reserves the right to change these Terms of Use from time to time without prior notice to you or the requirement to obtain your consent. You are responsible for informing yourself of any changes to these Terms of Use and any notices posted on the LMS and should read them carefully before you use the LMS.
1. Use of the LMS
1.1 You must:
1.1.1 comply with these Terms of Use at all times while using the LMS;
1.1.2 not use, or knowingly permit another person to use, the LMS if you (or they) are not eligible and / or registered to do so;
1.1.3 where applicable:
a) ensure that your contact and other details submitted to the RCH or stored on the LMS are current and accurate; and
b) monitor any electronic system or address designated by you for the purpose of receiving communications (the RCH will not be liable for any delay or failure by you to do so);
1.1.4 ensure that all information you submit to the RCH, upload to the LMS or provide to another user of the LMS is true and correct and does not infringe the rights (including intellectual property rights) of any other person (each time you submit or provide information to the RCH or another user of the LMS (You represent and warrant to the recipient of that information that you have complied with this clause and are not infringing the rights (including intellectual property rights) of any other person));
1.1.5 not use the LMS for any unlawful purpose;
1.1.6 not introduce any Harmful Code into the LMS or use it in a manner that could damage, disable or impair the RCH’s services or system;
1.1.7 not use any robot, scraper or other means to access the LMS for any purpose;
1.1.8 comply with all of the RCH’s relevant policies or procedures regarding use of the LMS;
1.1.9 maintain and safeguard the privacy and security of all personal or confidential information to which you obtain access in relation to the LMS;
1.1.10 not access information or perform services relating to any other person (unless expressly permitted by the RCH or by that other person to do so); or
1.1.11 not send or post any unsolicited messages or any offensive, inflammatory, defamatory, threatening, abusive, hateful, racist, obscene, fraudulent, deceptive or otherwise unlawful information; and
1.1.12 not record a video presentation without the written consent of everyone involved in the consultation.
1.2 You are responsible for, and bear all the costs of, installing and maintaining your own systems and equipment necessary to access and use the LMS.
1.3 You are liable for and must compensate the RCH, and its related parties on demand for all losses, costs, expenses (including legal costs on a full indemnity basis), claim or damage suffered or incurred (or agrees to pay by way of settlement or compromise) in connection with or arising out of:
1.3.1 a breach of these Terms of Use (including a representation or warranty);
1.3.2 fraudulent or dishonest conduct of you or any person you have permitted to use this LMS on your behalf;
1.3.3 a failure to obtain, maintain, and comply with required consents and applicable laws;
1.3.4 claims, actions or proceedings by a third party and any investigations by a government body; and
1.3.5 failure to comply with any obligations of confidence or privacy under these Terms of Use, arising out of any of your acts or omissions or any of your related parties whether accidental or not.
1.4 You agree to report any misuse of this LMS about which you become to the RCH.
1.5 The RCH may, in its absolute discretion, make changes to any part of this LMS or any content on it (subject to express right set out in these terms) without your consent or providing notice to you.
1.6 The RCH may, in its absolute discretion, delete any account that has not been used to access the LMS for a period of two years.
2. Electronic communications
2.1 The RCH may send you electronic communications which relate to your use of the LMS or other information that may be of interest to you as a visitor of the LMS, including health-related information and information relating to the RCH’s other products and services. As a condition of your registration for use of this LMS, you consent to receive commercial electronic messages from the RCH using your email address or the messaging system within the LMS.
2.2 Despite any decision you make not to consent to electronic communications, the RCH reserves the right to communicate with you, or require you to communicate with the RCH in order for the RCH to meet its legal obligations, or where the RCH considers electronic communication to be impracticable, inadequate or inappropriate.
3. Security
3.1 Security of this LMS generally:
3.1.1 while the RCH uses its best endeavours to implement security controls and prevent unauthorised access to, or use of, the LMS, you acknowledge that the internet is an insecure public network where there is a risk that your use of, and interactions with, this LMS may be viewed, intercepted or modified by third parties and that this LMS and any information on this LMS may contain Harmful Code.
3.1.2 to the extent permitted by law, the RCH does not guarantee that there will not be, or accept any liability for, any Harmful Code on the LMS or a breach of security by a third party or any interference with or damage to your computer system, software or data occurring in connection with or relating to this LMS and you agree to hold the RCH harmless should this occur.
3.1.3 The RCH may use cookies in relation to accessing and using this LMS.
3.2 Basic online security – your obligations:
3.2.1 While you are ultimately responsible for your own online security and for informing yourself about what appropriate security measures involve, the RCH recommends that you:
a) ensure that you are using the most recent version of your operating system and software (including web browser) with the latest patches and updates applied;
b) when using secure areas of the LMS, check that you are using a secure site by making sure the site address starts with “https” and looking for the padlock icon in the lower right of your browser window;
c) ensure that you have anti-virus software installed and working on your computer, that its definitions are up to date and that it is configured to scan inbound and outbound emails and files;
d) ensure your browser is configured to minimise the likelihood of your computer or privacy being affected by Harmful Code;
e) if you are using a public or shared computer, ensure that you log out properly and close the browser window when you have finished;
f) be suspicious of strange emails, attachments or hyperlinks; and
g) if you suspect your computer has been affected by Harmful Code, contact your IT service provider or anti-virus vendor.
4. Intellectual Property
4.1 Ownership of data and other Intellectual Property
4.1.1 The LMS and any content made available on it (including without limitation the software on which it is based, any documentation regarding its use, text, graphics, video, audio, information, data and the design and layout of the LMS) are owned by the RCH or its third party licensors, and are protected by Australian and international copyright and other intellectual property laws.
4.1.2 You acknowledge and agree that the RCH owns all other data and information uploaded onto, or created by or using, the LMS. Without limiting clause 4.1.1, the RCH retains all rights in relation to any online documents and forms completed and other information submitted by you and you assign any rights you may have in those materials to the RCH. You agree that the RCH can use, adapt and exploit (including for commercial purposes) any ideas, concepts, techniques, words or images contained in any of those materials to the RCH. You agree that the RCH can use, adapt and exploit (including for commercial purposes) any ideas, concepts, techniques, words or images contained in any of those materials for any purpose and without restriction or compensation.
4.2 Intellectual Property Licenses
4.2.1 The RCH grants you a non-exclusive, non-transferable, revocable licence to download, copy and print the content on the LMS for your personal use. To the extent permitted by law, you must not:
a) otherwise download, modify, copy, reproduce, republish, store, frame, upload, post, transmit, sell, lease, rent, sub-licence or disclose or distribute any part of this LMS (or any content on it) in any way, except as otherwise expressly stated on the LMS or with the RCH’s prior written consent;
b) tamper with any copyright notice, or tamper with or commercially use any trade mark, logo or names (including business names and domain names) appearing on the LMS or in materials accessed via the LMS (You must include the RCH’s copyright notice in any copies of the information obtained from the LMS); or
c) re-engineer, create derive works from, reverse engineer, disassemble, or decompile any part of the LMS,
and to the extent any right for you to do so is preserved by law, then only in strict accordance with the provisions or terms under that law.
4.2.2 You acknowledge that not all content on the LMS will be available to download, copy and/or print, including but not limited to videos or eLearn presentations.
4.2.3 The RCH reserves the right to access, maintain, delete or destroy all communications or information uploaded or stored within the LMS at any time.
4.3 Use of the RCH’s trade marks and related IP
4.3.1 You agree not to use the name, trade name, service marks, trademarks, trade dress or logo of the RCH (or its related parties, suppliers or licensors) (Branding) in publicity releases, advertising, promotional materials, direct mail, seminars, on your web site, or in other communications without the express prior written consent of the RCH. All uses of Branding will inure to the benefit of the owner of such logos, trademarks, trade names and/or other branding devices.
4.4 Linking to this LMS
4.4.1 The RCH encourages links to the LMS. If you do create or maintain a link to the LMS you agree to these Terms of Use and you:
a) must link to https://learn.rch.org.au, as other pages and content may be moved
b) must regularly check any links to ensure they are accurate;
c) may only link to, and not replicate, content or pages on the LMS;
d) must not list any RCH telephone or fax numbers or office details;
e) must ensure that any links are presented in a way that fairly represents the RCH and the LMS; and
f) comply with the intellectual property conditions set out in clause 4 of these Terms of Use (including not framing, reformatting or altering any files or information without the RCH’s consent).
4.4.2 The RCH may in its absolute discretion require you to remove, and not create any further, links to the LMS or any content that is in breach of these Terms of Use.
5. Confidentiality
5.1 You agree:
5.1.1 to maintain any information that is confidential or proprietary in nature or is designated as such (including without limitation the software, source code, technology, tools, processes, functional specifications and technical materials on which the LMS is based) which you access via the LMS in strict confidence at all times; and
5.1.2 not to disclose, use, transmit, inform or make available to any person any of that information except as necessary to perform your obligations or exercise your rights under these Terms of Use.
5.2 Clause 5.1 does not apply to any confidential information which you can demonstrate:
5.2.1 is or becomes known to the public through no breach of these Terms of Use;
5.2.2 was previously known by you, or subsequently provided to you, without any obligation to hold it in confidence;
5.2.3 is independently developed by you without the use of confidential information; or
5.2.4 is approved for release by written authorization of the RCH, but only to the extent of such authorization.
6. Privacy
6.1 The RCH will treat any personal information provided by you or collected in relation to in accordance with its privacy policy which is available at: http://www.rch.org.au/rchhis/privacy/.
7. Disclaimers and Exclusion of Liability
7.1 Disclaimer
7.1.1 The LMS (including material on the LMS) is made available to you on an "as is" and "as available" basis and at your own risk. To the maximum extent permitted by law, the RCH makes no representation, provides no express warranty or guarantee, and excludes all liability and any implied warranties (whether implied by statute or otherwise) in connection with:
a) the provision and availability of the LMS by the RCH or your use of the LMS or any other linked website;
b) the functionality, features and performance of the LMS (the RCH may withdraw, suspend or discontinue any functionality or feature at any time);
c) legality or suitability of the LMS or any services provided through it;
d) title and non-infringement of third party rights;
e) the security of LMS, the LMS or any linked site, or the safety of any file or software associated with them (such as safety from any virus or defects including those which could damage or interfere with your data, hardware or software);
f) merchantability, fitness for a particular purpose and non-infringement of the LMS;
g) the LMS being provided error-free or without interruption (including without limitation the availability of internet connections or other telecommunications systems); or
h) the accessibility, accuracy, quality, currency or reliability of LMS or any inked site, or of any the RCH or third party materials, information, products or services promoted or accessed via LMS, the LMS or any linked site.
7.1.2 As a condition of using the LMS, you release the RCH and hold the RCH harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the LMS.
7.1.3 Despite any provision in these Terms of Use to the contrary, the RCH shall not be liable for any consequential, special, incidental, indirect or punitive losses, costs, expenses or damages, whether in contract, tort or otherwise (including negligence) arising out of or in connection with the LMS or the RCH performance or non-performance of its obligations under these Terms of Use, even if the RCH has been advised of the possibility of that damage.
7.1.4 If, despite these Terms of Use, a court determines that the RCH is responsible for loss or damage arising from your access to or use of this LMS, to the extent permitted by law, the RCH’s liability is limited in any event to (at the RCH’s discretion) resupplying the relevant part of the LMS or the reasonable cost of having it resupplied, and the RCH reserves its options at law as to how it may discharge the RCH’s obligations in relation to liability that cannot be lawfully excluded under these terms.
7.2 Reference material
7.2.1 The materials on this LMS have been provided for general information only. While the RCH has used reasonable endeavours to ensure the quality of the information:
a) it is provided “as is” and the RCH does not warrant that it is accurate, complete, reliable, current, of a particular quality or suitable for your particular circumstances;
b) it is not intended to be a substitute for professional medical advice, diagnosis or treatment provided by an appropriately qualified health care professional (you always consult a medical professional and obtain appropriate medical advice including interpretation of these materials);
c) some of the information has been provided or made available by third parties (or derived from that information) and does not necessarily reflect any policies, procedures, standard or guidelines of the RCH, any other users of this LMS or any Government or association;
d) you use it at your own risk, should not act (or fail to act) on the basis of the materials on this LMS and you are solely responsible for all acts or omissions carried out in connection with, or in reliance on, the materials;
e) to the extent permitted by law the RCH accepts no responsibility and disclaims all liability in relation to use of those materials.
7.2.2 While the RCH may do so, RCH has no obligation to review the information on the LMS to ensure it is current nor, to correct any error, omission or inaccuracy on the LMS.
7.3 Links to third party sites
7.3.1 This LMS contains links to other 3rd party services and sites which are not under the control of the RCH. Those links are only provided for your convenience and:
a) The RCH does not warrant:
i. the accuracy of any hypertext links provided on the LMS or the suitability, accuracy completeness, currency, merchantability, fitness for purpose or any other aspect of any content located at those links;
ii. that the linked site does not infringe the intellectual property or other rights of any person;
iii. the physical location at which that site is hosted (or the location of any person accessing or controlling that site);
iv. the confidentiality and privacy practices of that site; and
v. the security and safety of that site or any file on it (including the existence of Harmful Code);
b) unless specifically stated otherwise, do not constitute any association of RCH with, or any endorsement or approval by RCH of, those other websites, their content, or the people who run or contribute to them; and
c) any omission of links to any site or organisation does not constitute any non-endorsement or disproval of those sites or organisations.
7.3.2 Your use of the links, and use or reliance on the content on any linked site, is at your own risk and to the extent permitted by law, the RCH disclaims any liability in relation to those links or sites. The RCH recommends you take care when accessing and using third party sites and that you read the terms and conditions and privacy policy of any third party site as they may be different to the RCH’s terms and policies.
7.4 The RCH’s related parties, personnel, suppliers and contractors
7.4.1 Each disclaimer is given on behalf of, and each indemnity, waiver, exclusion or limitation of liability is held for the benefit of, the RCH, the RCH’s licensors and contractors (and each of their officers, employees, agents and contractors).
8. Payment and Refunds
8.1 Payment
8.1.1 Some fee-based courses include event registration while others are resource-based only.
8.1.2 For fee-based courses, including event registration, payment will be made either directly through the LMS [https://learn.rch.org.au] or via a third-party booking platform, such as Eventbrite [https://www.eventbrite.com.au/l/LegalTerms/] or TryBooking [https://www.trybooking.com/info/legal].
8.1.3 If the payment is made through a third-party booking platform:
a) the link to the third party will be provided in the course description and payment directly through the LMS will be disabled
b) The user will be manually added to the course page on the LMS once payment is received and at least 24 hours before the beginning of any event associated with the fee-based course.
8.1.4 Payments made directly through the LMS will be made through the CommWeb payment gateway, a service provided by the Commonwealth Bank of Australia.
8.1.5 Payment through the CommWeb gateway can be made by Visa or Mastercard.
8.1.6 The RCH takes no responsibility for any changes to the terms and conditions of any electronic platform that you use to make payments.
8.1.7 The RCH does not accept direct payments from individuals for fee-based courses, whether by cheque, cash, or money order.
8.1.8 Registration and payment for individuals can only be performed through the relevant websites and cannot be made by phone or email.
8.2 Refunds
8.2.1 Fee-based courses which are paid for directly through the LMS and include event registration as part of the course are eligible for a refund based on the following conditions:
a) Requests for refunds must be made in writing and should be emailed to the course administrator displayed in the course description.
b) The below table outlines when learners can request a refund and the % refund. Please note the 1.5% card-processing fee included in the course fee is non-refundable.
c) Based on these conditions, all courses will have their “refund eligibility” clearly stated in the course description under the sub-heading “refund eligibility”. Where you have paid the RCH directly (through the CommWeb gateway) the refund paid will depend on the period between the event starting and the date of request for a refund, in accordance with the table below:
|
Within 24 hours of event |
Learners requesting a refund within 24 hours before event start date. |
No refund |
|
7 days before |
Learners requesting a refund up to 7 days before event start date. |
50% refund |
|
30 days before |
Learners requesting a refund up to 30 days before event start date. |
Full refund |
8.2.2 Fee-based courses which you have paid for through a third party booking platform and include event registration as part of the course are bound by the refund policy as stated on the third party booking platform’s event page. For these courses, the “refund eligibility” stated in the course description will state “see refund/cancellation policy listed on the event page [link to event page]”
8.3
Non-refundable
items
8.3.1 Fee-based courses that host online modules and other resources only are non-refundable. The 1.5% card-processing fee included in the course fee is non-refundable.
9. General
9.1 In these terms of use, unless specified otherwise:
9.1.1 Harmful Code means any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans and any new types of programmed threats that may be classified, but excluding passwords, software keys and like features that are security features or intended elements of software used to prevent unauthorised access and use; and
9.1.2 LMS means the website at https://learn.rch.org.au and any related sites owned or maintained by, or on behalf of, the RCH. Each reference to LMS includes a reference to all information and content on these sites.
9.2 These terms and conditions are governed by the laws in force in the State of Victoria, Australia. By visiting and using the LMS you unconditionally submit to the jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.
9.3 The RCH may seek urgent injunctive relief in order to protect the confidentiality of its information or prevent the misuse of its Intellectual Property.
9.4 The failure or delay of the RCH to exercise any right or remedy under these Terms of Use will not operate as further waiver of such right or remedy in the future or any other right or remedy. No waiver of any default, condition or breach of these Terms of Use shall be deemed to imply or constitute a waiver of any other default, condition or breach of these Terms of Use, whether of a similar nature or otherwise.
9.5 If any one or more of the provisions of these Terms of Use are invalid or otherwise unenforceable, to the extent possible the provision should be read down to reflect the intent of the parties and the enforceability of remaining provisions shall be unimpaired.
9.6 The RCH shall not be liable for any non-performance in connection with the LMS or under these Terms of Use if it is prevented from performing that obligation by a circumstance beyond its reasonable control.
9.7 You may not assign any of your rights or obligations without the prior written consent of the RCH.
9.8 All rights and obligations under:
9.8.1 any provision regarding privacy, confidentiality, intellectual property, waivers, indemnities, representations and warranties (including without limitation clauses 4, 5, 6 and 7);
9.8.2 accrued rights or obligations existing at the time of termination or expiry; and
9.8.3 any indemnities and any representations and warranties,
survive termination or expiry. Any other provisions necessary or desirable to give effect to those rights and obligations survive expiry or termination of these Terms of use.
9.8.4 These Terms of Use (including any supplementary terms within the LMS) set out the entire agreement between the parties and supersedes all previous and contemporaneous agreements, understandings and arrangements with respect to their subject matter.
10. Questions
10.1 If you have any questions about this LMS, please email education.hub@rch.org.au