© Emergency Trauma Management Pty Ltd (ACN 163 578 498) 2013-14
This manual (‘ETM Manual’) is protected by copyright. Copyright © and other intellectual property rights in this ETM Manual are owned by Emergency Trauma Management Pty Ltd or, in the case of some third party content included in the ETM Manual, the third party identified as the owner of that content. No part of this ETM Manual may be reproduced, copied, adapted, modified, published, communicated to the public or otherwise used without the prior written permission of Emergency Trauma Management Pty Ltd or, in the case of third party content, without the prior written permission from the owner of the copyright in that content.
TRADE NAMES AND TRADE MARKS
‘ETM’, the ‘Emergency Trauma Management’ name and the ‘ETM Course’ name and logo are owned by Emergency Trauma Management Pty Ltd (ACN 163 578 498).
Emergency Trauma Management Pty Ltd
Ground Floor, 530 Lonsdale Street
Melbourne, VIC 3000
TERMS AND CONDITIONS – ETM MANUAL WEBSITE
1. These terms and conditions apply to the use of this website and access to and use of ETM Manual which is offered on this website to registered members of the ETM Information Service. This website is owned by Emergency Trauma Management Pty Ltd (ACN 163 578 498) (“ETM”), an Australian company which specialises in the development and supply of Emergency Trauma Management courses for Medical Professionals. In using this website and/or becoming a registered member of the ETM Information Service, you agree to be bound by these terms and conditions.
2.1 In these terms and conditions, the terms set out below shall have the following meaning, unless otherwise stated:
“ETM Manual” means Emergency Trauma Management Manual as amended and/or updated from time to time.
“Medical Professional(s)” means a person who has undergone specific education and training in the field/s of medicine, nursing, paramedic studies or pre-hospital and retrieval or emergency medical service studies and holds the requisite qualifications and is Registered as a medical professional in the relevant field of medical practice.
“Registered” in respect to a Medical Professional means a person who is registered and / or certified to practice as a medical professional by the relevant statutory body, medical registration body, specialty college, medical defence association or other body relevant to their medical specialty and / or level of practice that governs medical professionals in their country, state, territory or province.
“Insurance” means current medical indemnity insurance relevant to the Medical Professional’s scope of practice, training and qualifications.
3. Amendments to Terms and Conditions
3.1 ETM reserves the right to amend these terms and conditions from time to time. Amendments will be effective upon notification on this website.
4. Membership and Registration Process
4.1 In order to access the ETM Manual on this website you must be a current registered member of the ETM Information Service.
4.2 Membership of the ETM Information Service is only open to qualified Medical Professionals who are over the age of 18 years. Membership is not transferable.
4.3 To become a member of the ETM Information Service, you must complete the on-line registration form, agree to be bound by these terms and conditions and pay the membership fee applicable to the membership level selected, in the manner described on this website.
4.4 In completing the on-line registration form and being a member of the ETM Information Service you represent and warrant to ETM that:
(a) your registration details are true and accurate. You will keep your registration details up to date at all times by notifying ETM of any changes to your registration details.
(b) you are a Registered Medical Professional. You will notify ETM if you cease to be a Registered Medical Professional, in which case ETM may terminate your membership of the ETM Information Service.
(c) you hold current Insurance or are covered or indemnified by current Insurance of your employer or the organisation that you work for or provide services as a Medical Professional.
5. Membership login and passwords
5.1 Upon completion of the registration process and payment of the applicable membership fees of the ETM Information Service, ETM will issue you with a login user name and initial password to enable you to access and view the ETM Manual content according to you membership level. You cannot change the login user name that is issued to you by ETM.
5.2 You can change or reset the password by using “Edit Profile” or “Change Password” link on the Login page of the website.
5.3 If you have forgotten or lost your password, you can request ETM to issue you with a new password by using the “Lost Password” link on Login page of the website.
5.4 You must not share your login user name and password with another person. ETM monitors usage of the website and access to the ETM Manual for unauthorised use and/or access.
6. Access to website and ETM Manual and Restrictions on Use.
6.1 ETM monitors your access and use of the website and ETM Manual.
Unless otherwise agreed in writing by ETM, as a registered member of the ETM Information Service you are only authorised or permitted to:
(a) access and view the ETM Manual on this website for personal use;
(b) download and print one copy of the ETM Manual only for personal use.
6.2 You must not allow, authorise or permit:
(a) another person to access and view the ETM Manual using your username login and password or otherwise;
(b) another person to download and print copies of the ETM Manual from the website using your username login and password or otherwise;
6.3 Except as permitted by these terms and conditions or authorised by ETM in writing, you must not directly or indirectly:
(a) reproduce, copy, adapt, publish, distribute, transit on line via the internet or otherwise the ETM Manual or parts thereof;
(b) create a derivative work from the ETM Manual or any part thereof;
(c) sell, supply or otherwise commercialize the ETM Manual or parts thereof.
7. Termination of Membership and Termination of Access to website.
7.1 ETM may terminate your membership of the ETM Information Service and access to the ETM Manual on this website, immediately, if:
(a) your membership fees are not paid;
(b) you cease to be an ETM Course Instructor;
(c) you have included false or inaccurate details in your registration form;
(c) you have shared your login user name and password with another person;
(d) you are in breach these terms and conditions;
by sending you a written notification to the email address that you have provided as a part of your registration details. This termination will take effect immediately upon the email being sent and you will not be entitled to any refund of Membership Fees.
8. ETM Information Services
8.1 You agree to use the ETM Information Service(s) provided to you via this website for lawful purposes only.
8.2 ETM derives its information from sources which it believes to be accurate and up to date as at the date of publication of the ETM Manual and other information on this website. ETM does not warrant that the ETM Manual and other information on this website is accurate, current or complete or fit for purpose, at all times.
8.3 ETM reserves the right to modify, replace and update the ETM Manual and other information on this website, at any time, without notice.
8.4 ETM does not warrant that your access to that ETM Manual and the information on this website will be uninterrupted, timely or secure.
9 ETM Manual Warnings and Disclaimers
9.1 The ETM Manual is designed to only be used by Medical Professionals and as a reference source for the ETM Emergency Trauma Management courses. ETM recommends that Medical Professionals undertake the Emergency Trauma Management courses delivered by ETM prior to or in conjunction with using the ETM Manual.
9.2 WARNING: The ETM Manual on this website contains graphic medical images and videos intended solely for use by Medical Professionals. ETM will not be liable for any distress or psychological harm or loss or damage suffered (including economic loss) by any person who views the graphic medical images and videos contained in ETM Manual by making unauthorised access to this website or accesses this website in contravention of these terms and condition.
9.3 The ETM Manual is not designed to replace your clinical skill and judgement as a Medical Professional in dealing with specific medical emergencies. You should only use the information contained in the ETM Manual that is appropriate to your level of training, education, skill and experience as a Medical Professional.
9.4 The ETM Manual is not designed to be a substitute for or alter the medical, clinical and/or emergency procedures and practices as proscribed or specified by the relevant statutory body, medical registration body or organization, specialty college, workplace, employer, medical defence association, medical indemnity insurance provider or other body relevant to your medical specialty and / or practice.
9.5 You should not alter your practice based on the information contained in the ETM Manual if this action could result in you acting outside of your registered scope of practice as defined by the relevant statutory body, medical registration body or organization, specialty college, workplace, employer, medical defence association, medical indemnity insurance provider or other body or organisation relevant to your medical specialty and / or practice as a Medical Professional. You are responsible for ensuring that any alteration of your practice based on information contained in the ETM Manual is compliant with all the requirements of the aforesaid mentioned bodies or organisations.
10 Other Warnings and Disclaimers
10.1 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
10.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or software or result in loss of data. ETM does not accept responsibility for any interference or damage to your computer system, software or loss data which arises in connection with your use of the website or any linked website.
10.3 Whilst ETM has no reason to believe that any information contained on this website is inaccurate, ETM does not warrant the accuracy, adequacy or completeness of such information, nor does ETM undertake to keep this website updated. To the extent permitted by law, ETM does not accept responsibility for any loss or damage suffered by you as a result of reliance upon the accuracy or currency of information contained on this website.
10.4 Where the information made available on this website and/or as a part of the ETM Information Service contains content, opinions or advice by third parties, such content, opinions and advice remain the responsibility of those third parties. ETM does not warrant or guarantee the accuracy, completeness or usefulness of third party content, opinion or advice or its fitness for any particular purpose.
10.5 Where the information made available on this website and/or as a part of the ETM Information Service contains opinions or judgements of third parties, ETM does not purport to endorse the contents of that opinion or judgement nor the accuracy or reliability of that opinion or judgement. To the extent permitted by law, ETM does not accept liability for any loss or damage caused by your reliance upon such information obtained through this website and the ETM Information Service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
11. Exceptions to Disclaimers
11.1 The disclaimers contained in these terms and conditions are not intended and shall not be construed as excluding, restricting or modifying any liability of ETM arising under laws applicable to these terms and conditions if the law and/or such liability, cannot be lawfully excluded.
12. Non Excludable Statutory Guarantees and Remedies
12.1 Nothing in these terms and conditions is intended or shall be construed as excluding, restricting or modifying any guarantees or any rights or remedies conferred on you or any liability imposed on ETM by the Competition and Consumer Act 2010 (Cth) and similar laws of the States and Territories of the Commonwealth of Australia (“Consumer Laws”) and any other laws applicable to this Agreement with respect to the supply of the ETM Manual, the ETM Information Services or any other goods or services supplied to the you by ETM, if the law in question may not lawfully be excluded, restricted or modified.
13. Exclusions and Limitation of Liability
13.1 To the full extent permitted by law, ETM excludes all representations, guarantees, warranties or terms (whether express or implied or conferred) other than those expressly set out in these terms and conditions.
Non Excludable Statutory Guarantees – Limitation of Liability
13.2 Where the ETM Manual or any other goods supplied by ETM to you fail(s) to comply with any statutory guarantee conferred by the Competition and Consumer Act 2010 (Cth), Consumer Laws and any other laws applicable that cannot be lawfully excluded, restricted or modified, ETM’s liability for failure to comply with any such guarantee (other than a guarantee under section 51, 52 or 53 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and other Consumer Laws) shall be limited at the option of ETM to one or more of the following:
(a) the replacement of the goods or supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the costs of having the goods repaired.
13.3 Where the ETM Information Service or any other services supplied by ETM to you fails to comply with any statutory guarantee conferred by the Competition and Consumer Act 2010 (Cth), Consumer Laws and any other laws applicable that cannot be lawfully excluded, restricted or modified, ETM’s liability for failure to comply with any such guarantee shall be limited at the option of ETM to one or more of the following:
(a) the supplying of the services again; or
(b) the payment of the costs of having the services supplied again.
Exclusion of Liability
13.4 Subject to clauses 11 to 13.3 above and to the extent permitted by law, ETM will not be liable to you in respect of any direct or indirect loss or damage (including consequential loss or damage, economic loss and/or third party claims) however caused or arising (including negligence or other tortious acts, any other acts or omissions, breach of these terms and conditions or contravention of any applicable laws) which may be suffered or incurred or which may arise directly or indirectly in respect of the use of this website , the ETM Information Service and/or the ETM Manual or reliance on information contained on or accessed through this website, the ETM Information Service and/or ETM Manual.
13.5 The limitation of liability contained in the abovementioned clauses does not exclude or limit any of ETM’s liability under Part 3-5 of Schedule 2 to the Competition and Consumer Act 2010 (Cth).
14. Ownership of Copyright in website and ETM Manual
14.1 The ETM Manual and all information and content form part of the ETM Information Service (including the website, website design, graphics, logos, icons, videos, photographs, recordings, software, data and databases) (“ Works”) is protected by copyright.
14.2 Copyright in the Works is owned by ETM or the third party identified as the owner of the relevant Works.
14.3 In the case of those part of those part of the Works, where the copyright is owned by third parties, ETM has obtained licenses or permissions from third party owners.
14.4 Except as expressly permitted by the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not in any form or by any means directly or indirectly:
(a) Reproduce, copy, print, adapt, display, publish, distribute, and transmit via the internet or other electronic devices the Works or any parts thereof;
(b) Create derivative works from any part of this website or the Works; or
(c) Sell, supply, license or otherwise commercialise any information, products or services obtained from any part of this website or the Works;
without ETM’s prior written permission or, in the case of third party material, without the prior written permission from the owner of the copyright in that material.
15. Trade Mark Ownership and Prohibitions of Use
15.1 The trade marks and logos (“Trade Marks”) displayed on this website and on the ETM Manual are the property of and owned by ETM or other parties as stated.
15.2 You must not use any of the Trade Marks for any purpose (including as a domain name, company name, business name or part thereof or as a hyperlink or metatag or part thereof on other pages or websites on the internet) without the prior written permission of ETM or the third party owner of the Trade Marks.
15.3 You must not use any of the Trade Marks to disparage or in a manner that disparages ETM, the ETM information Service, the ETM Manual (including this website).
16. Confidential Information Communications with Members
16.1 Except as required by law, ETM will maintain the confidentiality of all member communications which contain confidential personal information of the member and which has been transmitted directly to ETM on a confidential basis. ETM may use and disclose the confidential personal information of a member to subsidiaries, agents, licensees or distributors of ETM for any purpose whatsoever related to its business.
17. Security of Information
17.1 No data transmission over the Internet can be guaranteed as totally secure. ETM does not warrant and cannot ensure the security of any information which you transmit to ETM. Accordingly, any information which you transmit to ETM is transmitted at your own risk. Once ETM receives your transmission, ETM will take reasonable steps to keep the information secure.
18. Linked Websites
18.1 This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
18.2 ETM is not responsible for the content or privacy practices associated with linked websites, unless the linked websites are owned by ETM.
18.3 ETM’s links with linked websites should not be construed as an endorsement, approval or recommendation by ETM of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extend stipulated to the contrary.
19 Governing Law
19.1 These terms and conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
20.1 You must not transfer, assign, sub-licence or otherwise deal in any other way with any of your rights conferred by your membership of the ETM Information Service.
20.2 ETM accepts no liability for the website and ETM Manual not being accessible or for any failure to comply with these terms and conditions, where such inaccessibility or failure is due to circumstances beyond the reasonable control of ETM.
20.3 If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
21. Members Acceptance of Terms and Conditions (by clicking on the Accept Icon)