Terms and Conditions

VSA Website and Membership Portal Terms and Conditions and Disclaimers

The Victorian Simulation Alliance (VSA) and includes all divisions of VSA.

Website and Portal includes the websites and portals of VSA and other authorised websites or portals of VSA.

Your use of and participation in this Website and the Portal is entirely at your own risk and responsibility.

This site hosts a private Portal for individuals connected to VSA. Information supplied by third parties is not endorsed by VSA for any purpose. Its use by participants is private and each participant takes responsibility for their own conduct.

No information published in this Portal by others is endorsed by VSA or necessarily represents the views, policies or advice of VSA. VSA may cease hosting the Portal at any time, without notice, and for any reason.

The Portal is not always moderated or monitored and you and all users are responsible for your own posts and comments. You may be liable for any defamatory, abusive, discriminatory, misleading or harassing posts and comments – and by participating you accept all liability arising from such posts and comments and indemnify VSA from all claims which may arise.

By participating in this Portal, you are agreeing to the following Terms and Conditions of use:

  • In order to post to this Portal, users must provide a username (which will become public information), and a password and email address (which will remain private). Any information disclosed on the Portal becomes public information. Caution should be exercised when deciding whether to share any of your personal information in this Portal.
  • You are fully responsible for any information you submit in this Portal. You will not post material that may infringe copyright, or information that is vulgar, bullying, harassing, threatening, invasive, sexually oriented, or otherwise in violation of any law.
  • You will not communicate information which is subject to Privacy or confidentiality obligations to others.
  • The contents of this Portal are not always monitored by VSA and the views and opinions expressed in this Portal are those of individuals, and not of VSA.
  • VSA reserves the right to remove any material which is in violation of any of its policies, whether stated or implied, or not, to exclude you from the Portal or to summarily close the Portal at any time.
  • VSA takes no responsibility for content. You expressly release VSA from all claims arising from use of this Portal and content on this Portal (including the content of others).

 

  1. Website and Portal Disclaimer

    By accessing the Website and Portal you agree to be bound by these terms. If you do not wish to be bound to these terms, you must not access the Portal.

    VSA does not represent or warrant that the content of this website is accurate, authentic or complete or that the information contained in this website is suitable for your needs. You should assess whether the information is accurate, authentic or complete and, where appropriate, seek independent professional advice.

    VSA is not bound by any information supplied or transmitted through this Website and Portal.

    VSA accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Website and Portal.

    Users must separately confirm or seek confirmation of any VSA requirement, condition, consent or approval in relation to their own particular circumstances.

  2. Legal Disclaimers applicable to this Portal and this Website
    1. 2.1 Accuracy

      Every effort is made to provide information that is accurate. However, materials contained in this Website and Portal are subject to change at any time by appropriate action of VSA.

      We give no assurance or warranty that information on this site is current, and take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this site.

    2. 2.2 Copyright

      Copyright in this Website and the Portal rests with VSA unless otherwise stated.

    3. 2.3 No Legal, Medical or Financial Advice

      The information posted here should not be considered medical, financial or other advice and is not intended to replace consultation with a qualified professional or specific written confirmation from VSA in relation to your particular circumstances. We do not answer specific legal, medical or financial questions.

    4. 2.4 No Warranties

      This Website is provided on an “as is”, “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT or any warranty arising from a course of dealing, usage, or trade practice. No oral advice or written information provided shall create a warranty; nor shall members or visitors to the site rely on any such information or advice. This publication is not intended to be a contract, explicit or implied, and VSA reserves the right to make changes to the information contained.

    5. 2.5 Disclaimer of Liability

      The user assumes all responsibility and risk for the use of this Website and the Internet generally. We accept no liability or responsibility to any person as a consequence of any reliance upon the information contained in this site. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this Website be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use the Website and/or any other websites which are linked to this site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the Website; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access. States or Countries which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

    6. 2.6 Online Conduct

      Visitors agree to use the Website only for lawful purposes and are prohibited from posting on the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Although in the absence of a specific complaint the postings are monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in any Portal area will list the author’s name - no anonymous postings will be permitted.

    7. 2.7 Third Party Content

      We are distributors (not publishers) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, we expressly disclaim any liability associated with material posted by third parties.

    8. 2.8 Disclaimer of Endorsement

      Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is endorsement of us implied by such links. They are for convenience only, as an index in a public library.

    9. 2.9 Information Subject to Change

      Any information on this Website may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.

    10. 2.10 Patient Consent

      Any patient information is to be de-identified. VSA will not be responsible for any failure to de-identify any patient information and the information provider indemnifies VSA for all claims arising.

      Where any medical or other information of patients or third parties is supplied by you, you warrant that you have all required legal consents to supply that information.

  3. Security Features

    You agree to observe and maintain the confidentiality of all security features relating to use of the Website (including passwords, access arrangements etc.) as notified.

    VSA will not be liable for any unauthorised breach or disclosure of the security features.

  4. Indemnity

    You agree to indemnify VSA (its Board of Directors and agents) for any loss suffered or liability incurred by VSA (its Board of Directors and agents) arising from any unlawful, unauthorised or improper access or use of the Website or any breach of these terms by you or your employees, contractors or representatives.

  5. Access

    VSA does not guarantee constant availability of Website or Portal access and accepts no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by ISP or system provider).

  6. Links to Other Sites

    The Site may contain links to other sites on the internet (“Linked Sites”). VSA is not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Site or services or information provided via any Linked Site.

  7. Security of Information

    No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

  8. Application of all VSA Policies

    All relevant VSA policies regulating the conduct and behaviour of members applies to your conduct in this Website and Portal.

  9. Governing Law

    These terms and conditions will be constructed according to and are governed by the laws of Victoria, Australia.

VSA Events Terms and Conditions

These Terms and Conditions apply to all workshops, webinars, programs, courses, sessions, conferences and any other events (each an Event), unless the Event has its own specific terms, in which case those terms will apply to the extent of any inconsistency with these.

These Terms and Conditions govern the Victorian Simulation Alliance (VSA) and each person (delegate, you or your) who is registered or enrolled to attend or participate in an Event. VSA includes any divisions and authorised websites of VSA.

Please read these Terms and Conditions carefully as they contain important information. You acknowledge that you have read and agree to be bound by these Terms and Conditions upon submitting your registration to VSA or attending or participating in the Event.

  1. Registration and payment
    1. Acceptance of registration is at our discretion. VSA reserves the right to decline any registration application. If so, VSA will refund or not process any monies then paid.
    2. VSA will not consider any registration not accompanied by the required fee (all fees being expressed as GST inclusive amounts) or where it is incomplete. VSA reserves the right to change the fee at any time but changes will not affect registrations already confirmed.
    3. Some Events have limited places available. Registration, or attendance where pre-registration is not required, is on a “first-in” basis, unless otherwise determined by VSA at its discretion.
  2. Event changes
    1. VSA reserves the right at any time to:
      1. Change the format, participants, content, location and timing or any other aspect of an Event.
      2. Postpone Events or any part of those Events.
      3. Cancel an Event or any part, and will not be liable for any damages, costs, losses or expenses of any kind incurred or suffered by you in connection with VSA modifying, postponing or cancelling a course or any part.
    2. If an Event is cancelled or postponed by VSA and you are unable to attend the rescheduled Event, VSA will refund the fee in full.
  3. Cancellation and Refund Policy
    1. If you seek to cancel your enrolment in an Event, VSA will refund the fee on the following basis:
      1. More than 4 weeks before the course or event commences – 100% will be refunded
      2. Two to 4 weeks before the course or event commences – 50% will be refunded
      3. Less than 2 weeks before the course or event commences or for failing to attend the day/s no refund applies.
    2. An Event’s content and program is accurate as at the time of printing. VSA may make changes to an Event as required, however will use reasonable efforts to provide a program and content of equivalent standard.
    3. Event content is obtained from sources believed to be reputable and reliable. VSA accepts no liability for any inaccuracy or misrepresentation. This information is not professional advice or a substitute for seeking professional advice, or as a full consideration of particular circumstances faced by the user. Acting in accordance with information provided by an Event does not guarantee discharge of any duty. Participants are expected to exercise their own judgment as to the suitability and applicability of information provided during an Event.
  4. Attendee rights and obligations
    1. By registering, you warrant your details as provided are true and correct.
    2. You must comply with any particular conditions, rules, regulations or usage requirements of the Venue or of VSA in connection with an Event. VSA will use reasonable efforts to update you on subsequent amendments.
    3. You are expected to behave in a professional and appropriate manner at all Events.
    4. You must comply with all verbal and written directions given by VSA or the Venue whilst at, entering, or departing the Venue (including without limitation in respect of safety, acceptable conduct and behaviour).
    5. VSA reserves the right, without any liability, to refuse admission to, or to eject you from an Event, in its absolute discretion, including (without limitation), for failure to comply with these Terms and Conditions or if in the opinion of VSA you represent a security risk, nuisance or annoyance to the running of an Event.
    6. Photography and the recording or transmitting of audio or visual material, data or information is prohibited at an Event, without VSA’s prior written consent.
  5. Risk management
    1. It is your responsibility to inform VSA of any special dietary or other requirements you may have, sufficiently in advance to enable VSA to attempt to accommodate these requirements (or where this is not possible, inform you of such).
    2. You use the Venue and all associated facilities at your own risk. Despite anything else in these Terms and Conditions, VSA accepts no liability to you or any third party for any loss of or damage to any of your equipment, materials or other belongings brought to the Venue, whether by fire, theft, accident, injury or otherwise.
    3. An Event may include inherently dangerous activities, including the use of specialised equipment. Reasonable assistance will be provided. However, attendees are responsible for their own wellbeing and VSA accepts no liability for any loss, damage or injury incurred in connection with an Event.
    4. Any liability incurred by VSA in connection with the Event will be limited to the refund of the fee paid to VSA. All guarantees, representations, conditions and warranties of any nature are expressly excluded. However, nothing in these Terms and Conditions limits, excludes or modifies or purports to do so, the guarantees as provided under the Competition and Consumer Act (Cth) and the Australian Consumer Law. If these Acts impose any inalienable consumer rights then to the extent of any inconsistency with these Terms and Conditions are to be read down to permit those rights.
    5. To the maximum extent permitted by law, VSA excludes all indirect or consequential liability and all liability for any loss (including indirect or consequential loss), expense, damage, personal injury or death incurred (whether or not arising from negligence) by you in connection with the Event.
    6. You release VSA from any action, suits, proceedings, claims, demands, costs and expenses, incurred in connection with our acts, omissions or negligence in connection with these Terms and Conditions or any Event. You further indemnify VSA its employees, agents, contactors and sub-contractors against, and agree to make good, any action, suits, proceedings, claims, demands, costs and expenses (including legal costs, professional costs and other expenses on a full indemnity basis), incurred in connection with these Terms and Conditions.
  6. Privacy statement
    1. Protecting your privacy and your personal information is an important aspect of the way VSA conducts its activities, online and offline. VSA’s Privacy Policy applies to all Events and transactions.
    2. You acknowledge you may be filmed, recorded and/or photographed by VSA, the media or any other party at the Event and consent to VSA using the film, sound and/or photograph for editorial, promotion, publicity and advertising purposes, unless you explicitly opt out and withdraw your consent in writing.
  7. Copyright
    1. All materials are produced and communicated to you by or on behalf of VSA pursuant to Part VB of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.
    2. Your use of VSA, or any division of VSA, website, ecommerce system, learning management system, courses and events and the material in them (Materials), is governed by these Terms and Conditions and by VSA’s Privacy Policy. By accessing, viewing or otherwise using Materials you agree to be subject to these Terms and Conditions.
    3. Copyright of Materials is owned by VSA or is copyright made use of under licence or applicable law. This information must not be transmitted to any other person or incorporated into any other document or other material without the prior written permission of VSA.
    4. VSA owns all title, ownership rights, intellectual property rights and copyright in all of the information and Materials unless expressly stated otherwise. Any reproduction, transmission, publication, performance, broadcast, alteration, licence, hyperlink, creation of derivation works or other use in whole or in part in any manner without the prior written consent of VSA is strictly prohibited.
    5. No information may be used for commercial or other purpose (except for personal and educational use) unless VSA gives its prior written consent to such use.
    6. When a user accesses the Materials, the user agrees to do so on the following conditions:
      1. The user may retrieve or review any Material only for that user’s personal information and educational use;
      2. The user may not use any VSA Materials for any commercial benefit;
      3. The user must keep all Material intact and in the same form as presented; it may not be modified without the express permission of VSA; and
      4. The user must not use Materials for any purpose which is unlawful or prohibited.
    7. By accessing VSA’s Materials, each user unconditionally agrees to these Terms and Conditions. The Terms and Conditions may be modified and/or supplemented from time to time by VSA without notice and you agree that you will continue to accept such Terms and Conditions as amended.
  8. Disclaimer
    1. To the extent permitted by law, VSA excludes all liability for any claims, loss or damage whatsoever and howsoever caused, arising out of or in connection with the Materials.
    2. Whilst every endeavour has been made to ensure the Materials are accurate and up to date as possible, it is recommended that users consult formal texts and guidelines if they wish to use the information, particularly to manage clinical situations. VSA provides no guarantee, warranty or representation (express or implied) as to the accuracy of the information and by accessing Materials, each user agrees that he/she has undertaken his/her own research and shall not make any claim nor demand upon VSA in respect of the same.
    3. Any links to third party websites are provided for convenience only and do not represent endorsement, sponsorship or approval of those third parties, any products and services offered by third parties, or as to the accuracy or currency, of the information included in the third party websites.
    4. Whilst VSA takes care in endeavouring to ensure that its website is free of any virus, worm, Trojan horse and/or malware, VSA is not responsible for any damage to your computer system which arises in connection with your use of VSA’s website or any linked website.
    5. By accessing VSA’s website, you agree to indemnify it and hold it harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of VSA’s website.
  9. Hyperlinks
    1. The VSA website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and VSA takes no responsibility for the content and the maintenance of or privacy compliance by any linked website. Any hyperlink of VSA’s website to another website does not imply VSA’s endorsement, support or sponsorship of the operator of that website nor the information and/or products which they provide. Linking on the VSA website is not permitted. VSA reserves the right to serve you with notice to block or disconnect if VSA becomes aware of such linking.
  10. Substitution
    1. You may request, in writing, to substitute for another person to enrol in an Event in your place. One substitution is permitted per enrolment. The proposed substitute must review and confirm to VSA that they meet the enrolment criteria applicable for the Event and that they accept the Terms and Conditions before VSA will accept the substitution.
  11. General
    1. From time to time, VSA may update these Terms and Conditions. The updated Terms and Conditions will apply to all enrolments or registrations from the time of posting on VSA’s website (and/or notice to you).
    2. If you have any questions or comments regarding these Terms and Conditions please contact VSA via email at