Global Medical Education Online Pty Ltd respects your privacy. We have created this privacy statement in order to demonstrate our commitment to you, our customer. This privacy statement discloses the privacy practices for this site, www.medical-entrance.com.au.
We do not rent our mailing list to 3rd parties.
We will never give any contact information about you to others without your express permission. Our site uses forms in which you give us contact information (like your name, address, and email address) so you can place orders, request information and support, and make product suggestions. We use your customer information only when it will be important for us to contact you regarding functionality changes to our products, our web site, new Global Medical Education Online Pty Ltd services, and special offers we think you'll find valuable. We use information gathered about you from our site statistics (for example your IP address) to help diagnose problems with our server, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information.
Our site uses cookies to keep track of your shopping cart and receipts. We use cookies to identify you so you don't have to login each time you visit our site.
This site also contains links to other sites. Unfortunately www.medical-entrance.com.au is not responsible for the privacy practices or the content of such Web sites.
Security - This site has security measures in place to protect the loss, misuse and alteration of the information under our control.
Updating your information - As a customer of Global Medical Education Online Pty Ltd, you may alter your customer information or opt-out of receiving communications from us and our partners at any time. To change or modify your customer information, simply login to your personal administration panel, using your discrete username and password.
Sending Emails - We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, throughout the medical-entrance website, to allow you to contact us directly. We strive to promptly reply to your messages. The information you send to us may be stored and used to improve this site and our products, or it may be reviewed and discarded. However, your information will only be shared with third parties with your explicit permission.
Exceptional Circumstances - As stated previously in this policy, we will never give out your information without your permission. The only exceptions to this are, when we are required by law, in the good-faith belief that such action is necessary in order to conform to the requirements of the law, or we must comply with a legal process served on our web site.
Changes In Our Practices - If we change our information handling practices or other privacy aspects, we will post those changes on this privacy statement, at least 30 days prior to their implementation. We will also notify you directly via email.
Service Provider - We use a credit card processing company to charge users for goods and services. These companies do not retain share, store or use personally identifiable information for any secondary purposes.
Contest - From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and postal address), and demographic information (such as post code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Tell-A-Friend - If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. Global Medical Education Online Pty Ltd will automatically send the friend a one-time email inviting them to visit the site. Global Medical Education Online Pty Ltd stores this information for the sole purpose of sending this one-time email. The friend may contact Global Medical Education Online Pty Ltd at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to request the removal of this information from our database.
Use of materials for advertising purposes - It is a condition that all students of Global Medical Education Online Pty Ltd and registered users of this website grant unreservedly to Global Medical Education Online Pty Ltd the use, of any materials, test results,media clippings, photographs or emails received from them, for the purpose of advertising as is deemed fit by Global Medical Education Online Pty Ltd. Such use may not be for criminal or immoral purposes. Global Medical Education Online Pty Ltd remains indemnified against all legal actions from all students of Global Medical Education Online Pty Ltd and site users in regards to this Privacy Policy and all clauses contained within.
We do not rent our mailing list to 3rd parties.
We will never give any contact information about you to others without your express permission. Our site uses forms in which you give us contact information (like your name, address, and email address) so you can place orders, request information and support, and make product suggestions. We use your customer information only when it will be important for us to contact you regarding functionality changes to our products, our web site, new Global Medical Education Online Pty Ltd services, and special offers we think you'll find valuable. We use information gathered about you from our site statistics (for example your IP address) to help diagnose problems with our server, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information.
Our site uses cookies to keep track of your shopping cart and receipts. We use cookies to identify you so you don't have to login each time you visit our site.
This site also contains links to other sites. Unfortunately www.medical-entrance.com.au is not responsible for the privacy practices or the content of such Web sites.
Security - This site has security measures in place to protect the loss, misuse and alteration of the information under our control.
Updating your information - As a customer of Global Medical Education Online Pty Ltd, you may alter your customer information or opt-out of receiving communications from us and our partners at any time. To change or modify your customer information, simply login to your personal administration panel, using your discrete username and password.
Sending Emails - We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, throughout the medical-entrance website, to allow you to contact us directly. We strive to promptly reply to your messages. The information you send to us may be stored and used to improve this site and our products, or it may be reviewed and discarded. However, your information will only be shared with third parties with your explicit permission.
Exceptional Circumstances - As stated previously in this policy, we will never give out your information without your permission. The only exceptions to this are, when we are required by law, in the good-faith belief that such action is necessary in order to conform to the requirements of the law, or we must comply with a legal process served on our web site.
Changes In Our Practices - If we change our information handling practices or other privacy aspects, we will post those changes on this privacy statement, at least 30 days prior to their implementation. We will also notify you directly via email.
Service Provider - We use a credit card processing company to charge users for goods and services. These companies do not retain share, store or use personally identifiable information for any secondary purposes.
Contest - From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and postal address), and demographic information (such as post code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Tell-A-Friend - If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. Global Medical Education Online Pty Ltd will automatically send the friend a one-time email inviting them to visit the site. Global Medical Education Online Pty Ltd stores this information for the sole purpose of sending this one-time email. The friend may contact Global Medical Education Online Pty Ltd at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to request the removal of this information from our database.
Use of materials for advertising purposes - It is a condition that all students of Global Medical Education Online Pty Ltd and registered users of this website grant unreservedly to Global Medical Education Online Pty Ltd the use, of any materials, test results,media clippings, photographs or emails received from them, for the purpose of advertising as is deemed fit by Global Medical Education Online Pty Ltd. Such use may not be for criminal or immoral purposes. Global Medical Education Online Pty Ltd remains indemnified against all legal actions from all students of Global Medical Education Online Pty Ltd and site users in regards to this Privacy Policy and all clauses contained within.
INTELLECTUAL PROPERTY AGREEMENT
In this Agreement, unless the contrary intention appears, or the context otherwise admits:
Capacity means any capacity whatsoever including (without limitation) as a student, joint venturer, consultant, agent or adviser.
Confidential Information includes, without limitation, except to the extent the information is public knowledge or becomes public knowledge other than by breach of this Agreement, is already known by the student other than by breach of this Agreement, is clearly implied by its context not to be confidential or is independently developed or acquired by the student without any reference whatsoever to any or all of the information provided by Global Medical Education Online Pty Ltd:
(a) Information which relates to Global Medical Education Online Pty Ltd, its clients and or its business partners, trade secrets, products, specifications, designs, methods of manufacture and research;
(b) Information that has any actual or potential commercial value or any information relating to the business operations of Global Medical Education Online Pty Ltd or any clients or business partners of Global Medical Education Online Pty Ltd, including details of business relationships, service contracts, financial information, contract proposals, marketing plans, customer lists, pricing methods or personnel and organisational data, or instructional materials, no matter how construed or delivered;
(c) Information of material proprietary to Global Medical Education Online Pty Ltd , its clients or business partners;
(d) Information designated as confidential by Global Medical Education Online Pty Ltd , its clients or business partners;
(e) Information acquired by the student solely by virtue of this Agreement.
(f) The names, addresses and other information belonging or pertaining to Global Medical Education Online Pty Ltd 's clients or business partners;
(g) Information imparted in confidence to the student by Global Medical Education Online Pty Ltd , its clients or business partners; and
(h) Any other information classifiable in equity as confidential information.
Net Profit means earnings less expenses before interest and tax.
Restraint Area means the intellectual and business area of teaching, instructing, educating, coaching, training, preparing, schooling, tutoring, exercising, guiding, counselling or otherwise providing knowledge of how to prepare for entrance examinations however named to any third level educational institution whatsoever or wherever.
Restraint Period means thirty months from the date of expiry or termination of the student's Agreement with Global Medical Education Online Pty Ltd .
Capacity means any capacity whatsoever including (without limitation) as a student, joint venturer, consultant, agent or adviser.
Confidential Information includes, without limitation, except to the extent the information is public knowledge or becomes public knowledge other than by breach of this Agreement, is already known by the student other than by breach of this Agreement, is clearly implied by its context not to be confidential or is independently developed or acquired by the student without any reference whatsoever to any or all of the information provided by Global Medical Education Online Pty Ltd:
(a) Information which relates to Global Medical Education Online Pty Ltd, its clients and or its business partners, trade secrets, products, specifications, designs, methods of manufacture and research;
(b) Information that has any actual or potential commercial value or any information relating to the business operations of Global Medical Education Online Pty Ltd or any clients or business partners of Global Medical Education Online Pty Ltd, including details of business relationships, service contracts, financial information, contract proposals, marketing plans, customer lists, pricing methods or personnel and organisational data, or instructional materials, no matter how construed or delivered;
(c) Information of material proprietary to Global Medical Education Online Pty Ltd , its clients or business partners;
(d) Information designated as confidential by Global Medical Education Online Pty Ltd , its clients or business partners;
(e) Information acquired by the student solely by virtue of this Agreement.
(f) The names, addresses and other information belonging or pertaining to Global Medical Education Online Pty Ltd 's clients or business partners;
(g) Information imparted in confidence to the student by Global Medical Education Online Pty Ltd , its clients or business partners; and
(h) Any other information classifiable in equity as confidential information.
Net Profit means earnings less expenses before interest and tax.
Restraint Area means the intellectual and business area of teaching, instructing, educating, coaching, training, preparing, schooling, tutoring, exercising, guiding, counselling or otherwise providing knowledge of how to prepare for entrance examinations however named to any third level educational institution whatsoever or wherever.
Restraint Period means thirty months from the date of expiry or termination of the student's Agreement with Global Medical Education Online Pty Ltd .
1.2 INTERPRETATION
In this Agreement, unless the contrary intention appears, or the context otherwise admits:
Words importing the singular include the plural and vice versa; words importing the masculine gender include the feminine or neuter gender and vice versa.
A reference to any Act includes all statutory rules, regulations, by-laws, proclamations, orders and other authorities made under the Act, together with any Act consolidating, amending or replacing it.
Headings, subheadings and any marginal notes have been inserted for guidance only and shall not be deemed to form part of the context.
Words importing the singular include the plural and vice versa; words importing the masculine gender include the feminine or neuter gender and vice versa.
A reference to any Act includes all statutory rules, regulations, by-laws, proclamations, orders and other authorities made under the Act, together with any Act consolidating, amending or replacing it.
Headings, subheadings and any marginal notes have been inserted for guidance only and shall not be deemed to form part of the context.
RESTRAINT
2.1 Student's Acknowledgments
The student acknowledges that:
(a) The goodwill of Global Medical Education Online Pty Ltd 's business and the expertise Global Medical Education Online Pty Ltd has gained and imparted to the student has been built up over many years;
(b) The student will become familiar with all the clients of Global Medical Education Online Pty Ltd , and privy to Confidential Information;
(c) Having regard to the circumstances set out in (a) and (b) competition by the student with Global Medical Education Online Pty Ltd will:
(i) seriously diminish the goodwill of Global Medical Education Online Pty Ltd 's business;
(ii) detrimentally affect relationships between Global Medical Education Online Pty Ltd and its clients and such prospective clients as Global Medical Education Online Pty Ltd may then be cultivating;
(iii) result in the Confidential Information becoming available to tis competitors.
(d) By diminishing the value of Global Medical Education Online Pty Ltd 's goodwill, prejudicing Global Medical Education Online Pty Ltd 's relationship with tis clients or prospective clients or making the Confidential Information available to others, the student will cause loss or damage to Global Medical Education Online Pty Ltd .
(e) It is necessary and reasonable for Global Medical Education Online Pty Ltd to protect its goodwill, client relationships and Confidential Information from the effects of competition by the student after this Agreement is terminated.
2.2 The student's Undertakings
(a) In consideration of the continuing benefits which the student will derive under this Agreement, the student undertakes and agrees that the student will not, without the prior written consent of Global Medical Education Online Pty Ltd, at any time during the Restraint Period and in the Restraint Area be directly or indirectly engaged, concerned or interested in any capacity in any business, undertaking or venture in competition with Global Medical Education Online Pty Ltd.
(b) The student further undertakes and agrees, again in consideration of the continuing benefits that the student will derive under this Agreement, that the student will not at any time during the Restraint Period:
(i) Induce or attempt to induce any of the actual or potential students of Global Medical Education Online Pty Ltd to terminate their contracts with Global Medical Education Online Pty Ltd .
(ii) Solicit or attempt to solicit the business or custom of any client student of Global Medical Education Online Pty Ltd , or any person who during the twelve months preceding termination of this Agreement was a client or student of Global Medical Education Online Pty Ltd .
(iii) Solicit or attempt to solicit the business or custom of any person or potential student whose business or custom Global Medical Education Online Pty Ltd was cultivating at the time of termination of this Agreement.
(iv) Perform or cause to be performed in any capacity and by whatever means any business or services for any client or student of Global Medical Education Online Pty Ltd , or any person who during the twelve months preceding termination of this Agreement was a client or student of Global Medical Education Online Pty Ltd .
2.3 Restraints Reasonable
The student acknowledges that the restrictions contained in this clause are:
(a) Fair and reasonable in regard to the subject matter, area and duration; and
(b) Reasonably required by Global Medical Education Online Pty Ltd to protect its business and financial interests.
2.4 Injunction or Restraining Order
Because Global Medical Education Online Pty Ltd would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Global Medical Education Online Pty Ltd shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Global Medical Education Online Pty Ltd may otherwise have under applicable laws. You specifically agree that Global Medical Education Online Pty Ltd shall have the right to immediate injunction or temporary restraining order, as Global Medical Education Online Pty Ltd deems appropriate in the event of a breach of this Agreement.
2.5 Indemnity
At Global Medical Education Online Pty Ltd's request, you agree to defend, indemnify and hold harmless Global Medical Education Online Pty Ltd, its affiliates, contractors, officers, directors, students, agents, licensors, licensees, distributors, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of this Agreement or any breach of this Agreement by you.
2.6 Governing law
This agreement is governed for Australian residents by the laws of the State of Victoria, Australia and for US residents by the laws of the State of Illinois .
SOFTWARE LICENSE AGREEMENT
THIS IS A VERY IMPORTANT LEGAL AGREEMENT THAT SHOULD NOT BE ENTERED INTO LIGHTLY. PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") WHICH IS EITHER ENCLOSED IN THE SOFTWARE PACKAGE SENT TO YOU OR RECEIVED ELECTRONICALLY. WHEN ACCESSING THIS SOFTWARE, BY CLICKING THE "AGREE/ACCEPT" BUTTON, YOU ARE STATING FORMALLY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU AGREE TO BE BOUND FULLY AND STRICTLY BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE FULLY AND WITHOUT ANY RESERVATION WHATSOEVER TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE/DECLINE.�
1. General - The software, documentation and any fonts accompanying this License whether on disk, in read-only memory, on any other media or in any other form (collectively the "The Software") are licensed, not sold, to you by Global Medical Education Online Pty Ltd ("Global Medical Education Online Pty Ltd") for use only under the terms of this License, and Global Medical Education Online Pty Ltd reserves all rights not expressly granted to you. The rights granted herein are limited to Global Medical Education Online Pty Ltd 's and its licensors' intellectual property rights in Global Medical Education Online Pty Ltd Software and do not include any other patents or intellectual property rights. You own the media on which the Global Medical Education Online Pty Ltd Software is recorded but Global Medical Education Online Pty Ltd retains ownership of the Global Medical Education Online Pty Ltd Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Global Medical Education Online Pty Ltd Software product, unless such upgrade contains a separate license. Please note carefully that the Global Medical Education Online Pty Ltd software license period expires on the 15th of August each year notwithstanding that software licences purchased after this date in any year will expire on the next 15th of August immediately following the year of purchase. It may only be extended by a written application to Global Medical Education Online Pty Ltd and an acceptance by Global Medical Education Online Pty Ltd of your application on the terms that Global Medical Education Online Pty Ltd is using on the date of the extension.
2. Permitted License Uses and Restrictions - This License is nonexclusive. This License allows you, as one licensee, to install and use one copy of the Global Medical Education Online Pty Ltd Software on a single computer at a time. This License is nonexclusive. This License does not allow the Global Medical Education Online Pty Ltd Software to exist on more than one computer at a time, and you may not make the Global Medical Education Online Pty Ltd Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Global Medical Education Online Pty Ltd Software in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Global Medical Education Online Pty Ltd Software or any part thereof. Or otherwise modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law). All rights not expressly granted under this Agreement are reserved by Global Medical Education Online Pty Ltd .
3. Transfer - You may not rent, lease, lend or sublicense the Global Medical Education Online Pty Ltd Software. You may, however, make a one-time permanent transfer of all of your license rights to the Global Medical Education Online Pty Ltd Software to another party, provided that: (a) the transfer must include all of the Global Medical Education Online Pty Ltd Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Global Medical Education Online Pty Ltd Software, full or partial, including copies stored on a computer or other storage device; (c) the party receiving the Global Medical Education Online Pty Ltd Software reads and agrees to accept the terms and conditions of this License; and (d) Global Medical Education Online Pty Ltd is informed of the transfer and agrees to it in writing.
4. Termination - This License is effective until terminated. Your rights under this License will terminate automatically without notice from Global Medical Education Online Pty Ltd if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Global Medical Education Online Pty Ltd Software and destroy all copies, full or partial, of the Global Medical Education Online Pty Ltd Software.
5. Limited Warranty on Media - Global Medical Education Online Pty Ltd warrants the media, if any is delivered, on which the Global Medical Education Online Pty Ltd Software is recorded by Global Medical Education Online Pty Ltd to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Global Medical Education Online Pty Ltd 's option, a refund of the purchase price of the product containing the Global Medical Education Online Pty Ltd Software or replacement of the Global Medical Education Online Pty Ltd Software which is returned to Global Medical Education Online Pty Ltd or a Global Medical Education Online Pty Ltd authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY OF ANY MEDIUM UPON WHICH THE SOFTWARE IS DELIVERED, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties - YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Global Medical Education Online Pty Ltd SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY OF THE USE OF ANY MEDIA, PROGRAM PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Global Medical Education Online Pty Ltd SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Global Medical Education Online Pty Ltd HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Global Medical Education Online Pty Ltd SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS OF THE MEDIA FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Global Medical Education Online Pty Ltd DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Global Medical Education Online Pty Ltd SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability - TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Global Medical Education Online Pty Ltd BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Global Medical Education Online Pty Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Global Medical Education Online Pty Ltd 's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty Australian dollars (Aud$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Government End Users - The Global Medical Education Online Pty Ltd Software and related documentation are "Commercial Items" as that term is defined at US48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States .
10. Controlling Law and Severability - This License will be governed by and construed in accordance with the laws of the State of Illinois , as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. In the case of Australian residents, the law applying to this agreement shall be the law of the State of Queensland, Australia. However, it is expressly agreed by the partied, subject to the ultimate decision of the court, that definitions and references to US law made herein shall be applied by the Queensland or other Australian courts in matters of definition or application of definition.
11. Complete Agreement; Governing Language - This License constitutes the entire agreement between the parties with respect to the use of the Global Medical Education Online Pty Ltd Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Global Medical Education Online Pty Ltd. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
12. Embedded Software Notice - To the extent that the Global Medical Education Online Pty Ltd Software contains functionality dependent upon other software programs licensed to Global Medical Education Online Pty Ltd or within the public domain, the following provision applies. ANY USE OF THIS PRODUCT PROTECTS THOSE EMBEDDED PRODUCTS UNDER BOTH THE PROVISIONS OF THIS AGREEMENT AND THE PROVISIONS OF THE PROGRAMS LICENSED TO Global Medical Education Online Pty Ltd .
13. Use Embedded Data - Global Medical Education Online Pty Ltd software contains embedded data in compliance with licenses and payments of royalties necessary for encoding in connection with data stored or replicated in physical media which is paid for by Global Medical Education Online Pty Ltd on a title by title basis a title by title basis and is transmitted to an end user for storage. Data arising from that transmission remains the property of Global Medical Education Online Pty Ltd .
14. Trademark Information - Global Medical Education Online Pty Ltd and all its' names trademarks and service marks, and other logos and product and service names are trademarks of Global Medical Education Online Pty Ltd . Without Global Medical Education Online Pty Ltd 's prior permission, you may not or use in any manner these Global Medical Education Online Pty Ltd Marks.
15. Violations - Please report any violations of the trademark Global Medical Education Online Pty Ltd at http://gamsat.eglobalmed.com/index.php?option=com_contact&view=contact&id=1&Itemid=61
16. Injunction or Restraining Order - Because Global Medical Education Online Pty Ltd would be irreparably damaged if the terms of this Software Agreement were not specifically enforced, you agree that Global Medical Education Online Pty Ltd shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Global Medical Education Online Pty Ltd may otherwise have under applicable laws. You specifically agree that Global Medical Education Online Pty Ltd shall have the right to immediate injunction or temporary restraining order, as Global Medical Education Online Pty Ltd deems appropriate in the event of a breach of this Agreement.
17. Indemnity - At Global Medical Education Online Pty Ltd's request, you agree to defend, indemnify and hold harmless Global Medical Education Online Pty Ltd, its affiliates, contractors, officers, directors, students, agents, licensors, licensees, distributors, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of this Agreement or any breach of this Agreement by you
Contacting the Web Site - If you have any questions about our privacy statement, the practices of this site, or your dealings with this Web site, you can contact: Global Medical Education Online Pty Ltd Team at http://gamsat.eglobalmed.com/index.php?option=com_contact&view=contact&id=1&Itemid=61
1. General - The software, documentation and any fonts accompanying this License whether on disk, in read-only memory, on any other media or in any other form (collectively the "The Software") are licensed, not sold, to you by Global Medical Education Online Pty Ltd ("Global Medical Education Online Pty Ltd") for use only under the terms of this License, and Global Medical Education Online Pty Ltd reserves all rights not expressly granted to you. The rights granted herein are limited to Global Medical Education Online Pty Ltd 's and its licensors' intellectual property rights in Global Medical Education Online Pty Ltd Software and do not include any other patents or intellectual property rights. You own the media on which the Global Medical Education Online Pty Ltd Software is recorded but Global Medical Education Online Pty Ltd retains ownership of the Global Medical Education Online Pty Ltd Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Global Medical Education Online Pty Ltd Software product, unless such upgrade contains a separate license. Please note carefully that the Global Medical Education Online Pty Ltd software license period expires on the 15th of August each year notwithstanding that software licences purchased after this date in any year will expire on the next 15th of August immediately following the year of purchase. It may only be extended by a written application to Global Medical Education Online Pty Ltd and an acceptance by Global Medical Education Online Pty Ltd of your application on the terms that Global Medical Education Online Pty Ltd is using on the date of the extension.
2. Permitted License Uses and Restrictions - This License is nonexclusive. This License allows you, as one licensee, to install and use one copy of the Global Medical Education Online Pty Ltd Software on a single computer at a time. This License is nonexclusive. This License does not allow the Global Medical Education Online Pty Ltd Software to exist on more than one computer at a time, and you may not make the Global Medical Education Online Pty Ltd Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Global Medical Education Online Pty Ltd Software in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Global Medical Education Online Pty Ltd Software or any part thereof. Or otherwise modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law). All rights not expressly granted under this Agreement are reserved by Global Medical Education Online Pty Ltd .
3. Transfer - You may not rent, lease, lend or sublicense the Global Medical Education Online Pty Ltd Software. You may, however, make a one-time permanent transfer of all of your license rights to the Global Medical Education Online Pty Ltd Software to another party, provided that: (a) the transfer must include all of the Global Medical Education Online Pty Ltd Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Global Medical Education Online Pty Ltd Software, full or partial, including copies stored on a computer or other storage device; (c) the party receiving the Global Medical Education Online Pty Ltd Software reads and agrees to accept the terms and conditions of this License; and (d) Global Medical Education Online Pty Ltd is informed of the transfer and agrees to it in writing.
4. Termination - This License is effective until terminated. Your rights under this License will terminate automatically without notice from Global Medical Education Online Pty Ltd if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Global Medical Education Online Pty Ltd Software and destroy all copies, full or partial, of the Global Medical Education Online Pty Ltd Software.
5. Limited Warranty on Media - Global Medical Education Online Pty Ltd warrants the media, if any is delivered, on which the Global Medical Education Online Pty Ltd Software is recorded by Global Medical Education Online Pty Ltd to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Global Medical Education Online Pty Ltd 's option, a refund of the purchase price of the product containing the Global Medical Education Online Pty Ltd Software or replacement of the Global Medical Education Online Pty Ltd Software which is returned to Global Medical Education Online Pty Ltd or a Global Medical Education Online Pty Ltd authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY OF ANY MEDIUM UPON WHICH THE SOFTWARE IS DELIVERED, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties - YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Global Medical Education Online Pty Ltd SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY OF THE USE OF ANY MEDIA, PROGRAM PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Global Medical Education Online Pty Ltd SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Global Medical Education Online Pty Ltd HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Global Medical Education Online Pty Ltd SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS OF THE MEDIA FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Global Medical Education Online Pty Ltd DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Global Medical Education Online Pty Ltd SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability - TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Global Medical Education Online Pty Ltd BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Global Medical Education Online Pty Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Global Medical Education Online Pty Ltd 's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty Australian dollars (Aud$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Government End Users - The Global Medical Education Online Pty Ltd Software and related documentation are "Commercial Items" as that term is defined at US48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States .
10. Controlling Law and Severability - This License will be governed by and construed in accordance with the laws of the State of Illinois , as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. In the case of Australian residents, the law applying to this agreement shall be the law of the State of Queensland, Australia. However, it is expressly agreed by the partied, subject to the ultimate decision of the court, that definitions and references to US law made herein shall be applied by the Queensland or other Australian courts in matters of definition or application of definition.
11. Complete Agreement; Governing Language - This License constitutes the entire agreement between the parties with respect to the use of the Global Medical Education Online Pty Ltd Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Global Medical Education Online Pty Ltd. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
12. Embedded Software Notice - To the extent that the Global Medical Education Online Pty Ltd Software contains functionality dependent upon other software programs licensed to Global Medical Education Online Pty Ltd or within the public domain, the following provision applies. ANY USE OF THIS PRODUCT PROTECTS THOSE EMBEDDED PRODUCTS UNDER BOTH THE PROVISIONS OF THIS AGREEMENT AND THE PROVISIONS OF THE PROGRAMS LICENSED TO Global Medical Education Online Pty Ltd .
13. Use Embedded Data - Global Medical Education Online Pty Ltd software contains embedded data in compliance with licenses and payments of royalties necessary for encoding in connection with data stored or replicated in physical media which is paid for by Global Medical Education Online Pty Ltd on a title by title basis a title by title basis and is transmitted to an end user for storage. Data arising from that transmission remains the property of Global Medical Education Online Pty Ltd .
14. Trademark Information - Global Medical Education Online Pty Ltd and all its' names trademarks and service marks, and other logos and product and service names are trademarks of Global Medical Education Online Pty Ltd . Without Global Medical Education Online Pty Ltd 's prior permission, you may not or use in any manner these Global Medical Education Online Pty Ltd Marks.
15. Violations - Please report any violations of the trademark Global Medical Education Online Pty Ltd at http://gamsat.eglobalmed.com/index.php?option=com_contact&view=contact&id=1&Itemid=61
16. Injunction or Restraining Order - Because Global Medical Education Online Pty Ltd would be irreparably damaged if the terms of this Software Agreement were not specifically enforced, you agree that Global Medical Education Online Pty Ltd shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Global Medical Education Online Pty Ltd may otherwise have under applicable laws. You specifically agree that Global Medical Education Online Pty Ltd shall have the right to immediate injunction or temporary restraining order, as Global Medical Education Online Pty Ltd deems appropriate in the event of a breach of this Agreement.
17. Indemnity - At Global Medical Education Online Pty Ltd's request, you agree to defend, indemnify and hold harmless Global Medical Education Online Pty Ltd, its affiliates, contractors, officers, directors, students, agents, licensors, licensees, distributors, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of this Agreement or any breach of this Agreement by you
Contacting the Web Site - If you have any questions about our privacy statement, the practices of this site, or your dealings with this Web site, you can contact: Global Medical Education Online Pty Ltd Team at http://gamsat.eglobalmed.com/index.php?option=com_contact&view=contact&id=1&Itemid=61
