Terms and Conditions

1. Introduction

1.1 ACP owns the Website.

1.2 By accessing and using the Website, you are agreeing to be bound by the Terms and Conditions. If you do not accept these Terms and Conditions, you must not use the Website.

2. Definitions

In these terms and conditions:

ACP means the Australian College of Pharmacy Pty Ltd (ACN 008 588 841) trading as Australasian College of Pharmacy.

AI means Generative Artificial Intelligence.

Content means all or any material, data, publication, articles, webpages, templates or any other information on or provided through the Website.

External Websites means websites not within the ownership or control of ACP which may be accessed by way of a link from this Website.

Licence means a non-exclusive, royalty free, non-transferable licence to view, use and download the Content solely for the Purpose.

Materials means posts, materials, articles, data or posted by you on the Website.

Purpose means the education and training of pharmacy professionals or the consideration of Content by pharmacy professionals as part of their ongoing professional development.

Terms and Conditions means these terms and conditions for use of the Website.

We, our or us means ACP.

Website means www.acp.edu.au and the intern training program website www.internpharmacist.com.au

You, your means the user of the Website.

3. Content

3.1. The Content:

(a)    is provided “as is” without any express or implied warranty and may contain typographical or technical errors or inaccuracies is provided solely for the Purpose;

(b)    is general in nature and indicative only;

(c)    is not tailored or specifically prepared to address any health issue, disease, complaint, problem or health concern that you or any other person may have or any professional, business or commercial risks relevant to you;

(d)    is subject to change at any time without notice to you;

(e)    may be varied, amended or removed at any time without notice; and

(f)    may include the views or recommendations of third parties which may not reflect the views of ACP.

3.2. The Content is not intended as and is not a substitute for professional health advice. If you or any other person has any concern about your or their health, a health professional should be consulted as soon as possible.

3.3. ACP disclaims all warranties with regard to the Content, including (without limitation) all implied warranties of merchantability or fitness for any purpose.

4. External Links

4.1.The Website contains links to External Websites.  Links to External Websites are provided for convenience only.  ACP:

(a)    makes no representation and gives no warranty as to the currency of any External Website or the information available on or through it;

(b)    does not endorse, approve or recommend any information, material or data on any External Website.

4.2. ACP has no direct control over the content of the linked web sites, or to the changes to the content on External Websites. You must make your own decisions about the accuracy, currency, reliability or correctness of any information or content contained in any External Website or the security of any External Website or any link or content on the External Website.

5. Licence and Intellectual Property

5.1. ACP or its licensors own all intellectual property rights (including any copyright, trademark rights and patent rights) in the Content and the Website.  A copy of ACP’s Copyright Policy is available here.

5.2. Your use of the Website does not grant you any licence, right or permission to use any trademark or other intellectual property right of ACP or any other person other than strictly in accordance with the Licence.

5.3. We do not consent to any Content or any of our Intellectual Property being downloaded, mined or used as part of any Generative AI tools, databases or systems.

5.4. We grant you a Licence to use the Content provided that you:

(a)    do not use any information downloaded, copied or printed for commercial means (including for example publishing, transmitting, selling, modifying or adapting the Content) without ACP’s prior written consent (which may be given or withheld at ACP’s sole discretion);

(b)    do not add any content to the Website unless you hold all necessary rights, licences and written consents from ACP to do so; and

(c)    do not act in a way that:

(i)    would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(ii)    is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(iii)    would bring us, or the Website, into disrepute; or

(iv)    infringes the intellectual property (including, without limitation, copyright) or other rights of any person.

5.5. You must not, without ACP’s prior written consent (which consent may be given or refused at the sole discretion of ACP):

(a)    use any Content for any commercial purpose;

(b)    host any Content in whole or in part on any external website or in connection with any online service or application; or

(c)    use any logo or trademark included within the Website (including without limitation ACP’s logo).

6. Your access to, and interaction with, the Website

6.1. Use of the Website is solely at Your risk.  While ACP takes reasonable commercial precautions to protect data and the security of its Internet and Information Technology System, security of use and security of data cannot be guaranteed.

6.2. You are solely responsible for and must take your own precautions to ensure that the processes which you employ for accessing the Website do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept any responsibility for any interference or damage to your own computer system which arises as a result of in connection with your use of the Website or any External Website.

6.3. Access to the Website is permitted on a temporary basis.

6.4. Some parts of the Website may permit you to post, upload, input or submit Materials. Where this feature is activated you acknowledge that you:

(a)    are solely responsible for the Materials you post;

(b)    must not post Materials to the Website containing a virus or other harmful components;

(c)    must not use language or engage in any activity that is threatening, abusive, vulgar, or which may be interpreted as vilification of others on any grounds, or which is discourteous or unlawful;

(d)    must not post Materials on the Website unless you are the owner of the copyright in those Materials or have the express written permission or a written licence of the copyright owner to post them;

(e)    must not post, upload, input or submit Materials to ACP or the Website which gives rise to any legal liability against ACP; and

(f)    indemnify ACP against any loss of any nature arising from the infringement of third party intellectual property or other legal rights resulting from your unauthorised reproduction of any Material on the Website.

6.5. ACP reserves the right, in its absolute discretion and without notice to you, to remove or edit messages or Material submitted to us.

6.6. Subject to our privacy policy, you permit ACP, its affiliates and licensees, to use any Materials for any purpose, including without limitation the Purpose.   This includes, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Material and to identify the Material by your name.

6.7. You acknowledge that no compensation will be paid in relation to ACP’s use of your Materials in accordance with this clause.

6.8. ACP reserves the right, in its absolute discretion and without notice, to suspend or disconnect access to all or part of the Website including (without limitation):

(a)    during technical failure;

(b)    for maintenance;

(c)    if you fail to comply with these Terms and Conditions; or

(d)    if you do anything that ACP believes is unlawful or inappropriate.

6.9. We will not be liable if for any reason the Website is unavailable at any time or for any period.

7. Security

7.1. You must keep your username, password or any other security access confidential and not disclose it to any third party.

7.2. We may disable any username, password or other access to our Website if we reasonably believe you have failed to comply with these Terms and Conditions.

7.3. If you know or suspect that another person has access to or accessed your username or password, you must notify us immediately.

8. Liability and indemnity

8.1. To the full extent permitted by law, we exclude all representations, conditions, rights, warranties and terms (whether express or implied) other than those expressly set out in these Terms and Conditions.

8.2. For the avoidance of doubt, notwithstanding any other provision in these Terms and Conditions, under no circumstances will ACP be liable or any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this Website (or any interactions or transactions through this Website) or the Content.

8.3. To the extent that liability cannot be excluded under Australian Consumer Law, ACP’s liability will be limited to:

(a)    in the case of the supply of goods, to any one of the following as determined by us:

(i)    the replacement of the goods or the supply of equivalent goods; or

(ii)    the repair of the goods; or

(iii)    the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)    the payment of the cost of having the goods repaired; or

(b)    in the case of the supply of services, to any one of the following as determined by us:

(i)    the supplying of the services again; or

(ii)    the payment of the cost of having the services supplied again.

8.4. You agree to indemnify ACP, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Website, use of the Content or your breach of the Terms and Conditions.

8.5. You acknowledge that:

(a)    prior to entering into these Terms and Conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding these Terms and Conditions and that prior to entering into these Terms and Conditions you have availed yourself of that opportunity; and

(b)    at no time prior to entering into these Terms and Conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.

9. Privacy policy

Our privacy policy provides details about how we collect, use and handle your personal information and can be found here. By using the Website, you consent to the procedures described in the privacy policy and warrant that all information provided by you is accurate.

10. Varying these Terms and Conditions

10.1. We reserve the right to amend these Terms and Conditions from time to time at our discretion and without notice to you.

10.2. The date of posting the amended Terms and Conditions on the Website will be the date that the new Terms and Conditions come into effect and apply to you.

10.3. It is your responsibility to visit this page regularly to keep up to date with any amendments to these Terms and Conditions.  Your continued use of the Website will be deemed to be your acceptance of the Terms and Conditions as amended.

11. General

11.1. These Terms and Conditions constitute the entire agreement between you and ACP regarding your access to and use of Content and the Website. You may also be subject to additional terms and conditions that apply when you use other services, third party content, third party software or where you access a Linked Website through the Website.

11.2. If any part of the 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. Where any part of the Terms and Conditions is read down or severed, the remainder of these Terms and Conditions continue to be fully enforceable.

11.3. These Terms and Conditions are governed by the laws and courts of Queensland, Australia.

11.4. The failure of ACP to exercise and enforce any right or provision of these Terms and Conditions shall not be treated by the party as a waiver of any further right that ACP has against you.

11.5. Publication of electronic addresses on the Website is for the purpose of professional communication only.

11.6. You agree that there is no agency, partnership, joint venture, employee-employer or other relationship between ACP and you simply by virtue of provision of the Content or access to the Website or member portal via the Website.