To register with HealthProfessionalCPD you must agree with the Terms and Conditions of Use Agreement below. Use of the Site will be taken by HealthProfessionalCPD as agreement by the User of the Terms and Conditions set out below.
1.1. This agreement is made between you (“Your”) as the user (“User”) and THE VERTIGO TRUST trading as HEALTHPROFESSIONALCPD (“HealthProfessionalCPD”) and constitutes the terms and conditions in respect of your access to the HealthProfessionalCPD 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. “CPD cycle” means the applicable timeframe for accruing CPD activity as prescribed by the relevant organization authorized to administer CPD in your location.
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 HealthProfessionalCPD from time to time.
2.2. Unless expressly stated by HealthProfessionalCPD, 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 CPD 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. HealthProfessionalCPD reserves the right at any time to alter its fee structure. As a courtesy, advanced notice of intended alterations in fees will be announced by posting a notice on the Site.
3. User Name and Password
3.1. HealthProfessionalCPD will automatically confirm your login details (“Username” and “Password”) when you request registration 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 HealthProfessionalCPD of any Password which is lost, inoperable or used in an unauthorised manner.
3.3. You are responsible for all use of the Site made 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 anyone else.
3.4. HealthProfessionalCPD 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 HealthProfessionalCPD against all loss, damage, claims, costs or demands in this regard.
4. The Services
4.1. HealthProfessionalCPD will provide you with a user modifiable web based database that you may use to maintain a record of your CPD activities.
4.2. HealthProfessionalCPD will provide you with access to various CPD activities that may enable you to fulfill CPD requirements set by your regulatory authority or professional body.
4.3. CPD activities that are undertaken on the Site will be automatically included in a User’s personal record. The User may modify, add and delete records in their personal record. The User is solely responsible for the accuracy of all information submitted to a regulatory authority or professional body and the User indemnifies HealthProfessionalCPD against all loss, damage, claims, costs or demands in this regard.
6. Links from the Site
6.2. You are not permitted to frame the Site without the express written permission of HealthProfessionalCPD.
7.1. The records of all CPD 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 HealthProfessionalCPD employees and contractors for the purposes of providing services to you. HealthProfessionalCPD will not reveal assessment marks, scores or grades of achievement to regulatory or professional bodies without your express written consent. Certificates of completion do not include assessment grades.
8. Refund Policy
8.1. In the event that you are not satisfied with the service offered on the Site, then a refund may be offered. Refunds can only be made to the same credit card account as originally used in the purchase transaction. Details of any refund request should be made using email (email@example.com) and must be i) made within thirty (30) days of enrolment in the course and ii) before any assessment is completed and before a certificate of completion is issued. If a refund is offered the refund transaction will be made via our third party payment processor and may be less a processing fee of 15% of the price paid for the course or courses. Refunds are not available if requested later than thirty (30) days after enrolment or after a User has completed any assessment or after a certificate of completion has been issued. In the case of composite courses (eg Annual Subscriptions ) that include multiple assessment items and multiple certificates of completion any refund will be calculated on a pro rata basis based on the proportion of uncompleted assessments.
9. Duration and Termination of Agreement
9.1. This agreement will continue until either the User or HealthProfessionalCPD terminate it. 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.
9.2. If HealthProfessionalCPD 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.
9.3. HealthProfessionalCPD 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.
10. Expiration of Enrolment
10.1. Unless otherwise noted, enrolment in all courses expires 365 days after the date of first enrolment in that course regardless of whether the User has completed the course. HealthProfessionalCPD may choose to waive this clause at its sole discretion. Users will be notified by email prior to the expiry of any course enrolments.
11. Intellectual Property
11.1. Intellectual property in the Site, the Content, the Services and all components of them is owned by or licensed to HealthProfessionalCPD 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.
11.2. 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 HealthProfessionalCPD. Except to the extent that this right cannot legally be excluded, the User must not disassemble, decompile or reverse engineer any part of the Site.
11.3. The Site may contain trademarks which are registered or otherwise protected by law. These include the HealthProfessionalCPD name and logo and the logos of various HealthProfessionalCPD products and the trademarks of third parties. The User is not permitted to use these trademarks without the written permission of the trademark owner.
11.4. The User acknowledges that a breach of these Terms may infringe not only the rights of HealthProfessionalCPD, but also the rights of third parties whose intellectual property is licensed to HealthProfessionalCPD. Without limiting any other provision of these Terms, the User agrees to fully indemnify HealthProfessionalCPD in 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.
12. Discussion Forums and Content Submissions
12.1. 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 HealthProfessionalCPD.
12.2. HealthProfessionalCPD 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.
12.3. HealthProfessionalCPD 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, HealthProfessionalCPD’s 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.
13. Submitted Material
13.2. Without limiting the disclaimers set out in clause 13, HealthProfessionalCPD 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 HealthProfessionalCPD in its sole discretion.
14. Representations, Warranties and Disclaimer
14.1. THE SITE, THE SERVICES AND THE INFORMATION AND OTHER MATERIAL CONTAINED IN THE SITE, WHETHER VISUAL, WRITTEN, OR AUDIBLE (“CONTENT”) IS OFFERED AS-IS AND HEALTHPROFESSIONALCPD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE PRESENCE OR ABSENCE OF DEFECTS OR ERRORS.
14.2. 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. HealthProfessionalCPD uses reasonable endeavour to provide current and accurate Content, however the Site and the Content may contain errors. HealthProfessionalCPD does not represent that the Content is current, accurate or complete, or that it is appropriate for the Users specific requirements. HealthProfessionalCPD 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.
14.3. Although reasonable efforts are made by HealthProfessionalCPD to ensure the integrity of the Site, HealthProfessionalCPD cannot guarantee the safety of computer systems of site users. HealthProfessionalCPD 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.
15.1. THE LIABILITY OF HEALTHPROFESSIONALCPD AND ITS RELATED BODIES CORPORATE FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE WHATSOEVER 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 TO AN AMOUNT EQUAL TO THE FEES FOR THE SERVICES PAID BY THE USER TO HEALTHPROFESSIONALCPD IN THE TWELVE MONTHS PRIOR TO THE THEN CURRENT CLAIM ARISING.
15.2. HealthProfessionalCPD 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.
15.3. 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 HealthProfessionalCPD for a breach of such non excludable condition or warranty is limited, at HealthProfessionalCPD’s 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.
16.1. The User will fully indemnify HealthProfessionalCPD 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).
17. Prohibited Uses
17.1. 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.
18.1. These Terms are governed by and must be construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
19.1. You may serve a notice on HealthProfessionalCPD for the purposes of this agreement by sending an e-mail to firstname.lastname@example.org. HealthProfessionalCPD 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.
20. Changes to the User Agreement
20.1. HealthProfessionalCPD 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.
21. Advertising Material
21.1. 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 (and not HealthProfessionalCPD) are responsible for ensuring that such sites comply with all relevant local laws and regulations. To the extent permissible by law, HealthProfessionalCPD disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
22.1. 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.
22.2. 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.
22.3. 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.
22.4. 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.
22.5. 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.
22.6. Headings have been included in these Terms for convenience only and are not considered part of, or be used in interpreting, these Terms.
[Last updated 9 August 2009]
This Privacy Statement should be read in conjunction with the Terms and Conditions
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.
Information provided by users
Like most online organizations HealthProfessionalCPD gathers and tracks information that users provide through registration and subsequent access to the site.
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 HealthProfessionalCPD 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 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.
Information Collected and How to Change It
HealthProfessionalCPD 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 CPD activities using materials that are available on the site, a record of this activity is automatically added to your CPD record. All information concerning personal details can be viewed and edited using ‘Edit Profile’ [click on your username in the top right of the screen after logging in]. CPD activities that are manually entered into your CPD Record are available to view and edit via the ‘View My CPD Record’ pages of the site.
Information you provide to HealthProfessionalCPD and information concerning your use of the site may be held at HealthProfessionalCPD offices (or on third party secure servers) in London, Sydney and Auckland. Under the UK Data Protection Act 1998 (UK), Privacy Act 1993 (NZ), and Privacy Act 1988 (Australia) you have the right of access to, and correction of, your personal information held by HealthProfessionalCPD. If 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.
Cookies in and of themselves do not personally identify users, although they do identify a user’s browser. The cookies simply contain a unique identifier which helps us to know what our users find interesting and useful on our website. Cookies can assist us in determining how people use the site and which features and activities are effective, which helps us to improve the services offered on the site.
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 (eg GOsC, AOA, OCNZ) 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.
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 AND HEALTHPROFESSIONALCPD WILL NEVER SELL, TRADE OR OTHERWISE MAKE AVAILABLE YOUR PERSONAL DETAILS TO THIRD PARTIES.
Further Information About Privacy
In the UK visit the web-site of the Information Commissioner’s Office http://www.ico.gov.uk
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
[Last updated 9 August 2009]
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