1. About the Website
1.1. Welcome to www.cdmpus.com.au (the ‘Website‘). The Website Online Subscriptions and Workshops for General Practices and Aboriginal Controlled Health Organisations or Individual Subscriptions for Health Professionals (the ‘Services‘).
1.2. The Website is operated by CDM Plus PTY. LTD. (ABN 92603012746) . Access to and use of the Website, or any of its associated Products or Services, is provided by CDM Plus. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. CDM Plus reserves the right to review and change any of the Terms by updating this page at its sole discretion. When CDM Plus updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by CDM Plus in the User interface.
3. Subscription to use the Services
4. Definition of a User
A User is defined as a General Practitioner, Nurse (Registered, Endorsed or Practitioner), Aboriginal Health Worker, Aboriginal Health Practitioner, Practice Manager, Administration and Receptionists. This includes all of the above whether they are Full Time, Part Time or Casual.
5. Individual Subscription
An Individual Subscription is for one User only, and is the person named on the subscription details form.
6. Practice Subscription and Licensed Territory
The Practice Subscription size is determined by the number of Users at each site: 2-8 Users/ 9-16 Users/17-24 Users/25-40 Users. Practices that have multiple locations must register each location as a separate Practice Subscription. The licensed territory is the current business address listed in the Registration Form for the Practice Subscription and within a 2km radius, and in the case of a Practice Group, within a radius of 2km each of the locations within the Practice Group.
7. Where the Practice/AMS/Aboriginal Community Controlled Health Service owns, operates or holds an interest in more than one practice/location they shall be referred to as a Practice Group for the purpose of the subscription.
8. Additional Users
Additional Users can be added to an existing Practice Subscription location by purchasing an additional subscription. The number of Users will determine the Practice Subscription size (2-8 Users/ 9-16 Users/ 17-24 Users/ 25-40 Users). If the additional uses changes the size bracket of the subscription the difference will be charged accordingly.
8.1. In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription‘) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee‘).
8.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
8.3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account‘).
8.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred Username
- Mailing address
- Telephone number
- Practice Details
- List of Users
8.5 You warrant that any information you give to CDM Plus in the course of completing the registration process will always be accurate, correct and up to date.
8.6 Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period‘).
8.7 You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with CDM Plus; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
8.8 CDM Plus resources will be supplied to the Member within 30 days of a completed order. If resources are lost or stolen before delivery is completed CDM Plus will as soon as reasonably practical provide the Member with copies of the resources at the cost of the Member with payment to be made on or before delivery of the resources.
8.9 Subscriptions renew automatically for a further 12 months unless you cancel according to our cancellation policy in clause 11. All CDM Plus subscriptions automatically renew unless cancelled.
8.10 Your RA classification will be determined using the map of 2016 remoteness areas; found on the Australian Bureau of Statistics website from time to time. The Australian Statistical Geography Standard (ASGS) defines remoteness into 5 classes of relative remoteness across Australia. These are: RA1-Major cities, RA2Inner Regional, RA3-Outer Regional, RA4-Remote Australia, RA5-Very Remote Australia
9. Your obligations as a Member
9.1. As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify CDM Plus of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of CDM Plus providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of CDM Plus;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by CDM Plus for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- you will work co-operatively with CDM Plus and staff during any induction, training or support visits provided by CDM Plus to the Member designed to train, improve or enhance the Member’s use and benefits from the resources.
10.1. Payment of the Subscription Fee shall be as follows:-:
10.2. All payments made in the course of your use of the Services are made using Stripe / Direct Payment. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
10.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
10.4. You agree and acknowledge that CDM Plus can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
CDM Plus are constantly updating and improving resources. Any changes to the resources during your subscription period will be notified to the Member by email within 30 days. On renewal of your subscription you will be provided with updated resources within 60 days.
12. Induction Visits
12.1 Any induction and additional visits to a Member shall only be provided if purchased by the Member as a service in addition to the training resources provided.
12.2 Induction visits are designed to provide Members and their staff with an introduction to the CDM Plus system and processes.; Induction and site visits are not included as a standard part of the subscription service.
12.3 Induction visits will be scheduled within 30 days of purchasing the initial membership subscription and shall expire within 90 days of the purchase date.
12.4 Where a Member subscribes to induction as an additional service CDM Plus will supply two staff who will conduct the induction visits on site at the Member’s practice.
12.5 CDM Plus are not liable for any room hire, catering or additional resources required to provide the induction training and all additional costs shall be the liability of the Member.
12.6 The Member may purchase additional training visits as a cost in addition to the subscription. The entitlement to book additional visits expires at the end of a subscription term and where renewed, the renewed term.
13. Refund Policy
CDM Plus will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of CDM Plus makes a
decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund‘).
14. Copyright and Intellectual Property
14.1. The Website, the Services and all of the related products of CDM Plus are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by CDM Plus or its contributors.
14.2. All trademarks, service marks and trade names are owned, registered and/or licensed by CDM Plus, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
14.3 CDM Plus does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by CDM Plus.
14.4 CDM Plus retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
14.5. You may not, without the prior written permission of CDM Plus and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
15 The User, Practice or Practice Group (Licensed User) shall only during the term of your subscription be licensed to display the CDM Plus logo (Licensed Logo) in the conduct of its medical practice and must not at any time display a trademark or logo (whether licensed or otherwise) of its own design. Upon cessation or termination of your subscription or where you cease to be a Member this License terminates with immediate effect, and any continued use of the Licensed Logo shall be actionable in a claim for an injunction or damages in any Court or Tribunal of competent jurisdiction
16 Wherever the Licensed Logo is used, the Licensed User must disclose the Logo is used in respect of an independent medical practice undertaken by the Licensed User
17 The Licensed User must not use any other trade mark or logo which is similar to, substantially similar to or resembles CDM Plus Logo or CDM Plus Intellectual Property as is likely to cause confusion among the public.
19. General Disclaimer
- 19.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- 19.2. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- CDM Plus will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
19.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of CDM Plus make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of CDM Plus) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of CDM Plus; and
- the Services or operation in respect to links which are provided for your convenience.
- You agree that any errors you make in entering your contact information and order details are your responsibility and CDM Plus is not liable for any consequences that may arise as a result of such errors or incorrect information, including but not limited to posting of subscription to the address as notified by you.
- You agree that any errors made in entering your contact details and information and order details are your responsibility to report to CDM Plus within 7 days of becoming aware of the error.
- Unless otherwise stated, any costs payable are calculated exclusive of GST and postage which will be charged in addition to the sum due.
20. Limitation of liability
20.1. CDM Plus’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
20.2. You expressly understand and agree that CDM Plus, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
21. Termination of Contract
21.1. The Terms will continue to apply until terminated by either you or by CDM Plus as set out below.
21.2. If you want to terminate the Terms, you may do so after payment of the initial 12 months subscription by:
- providing CDM Plus with not less than 30 days’ notice prior to expiry of the annual Member Subscription; and
- closing your accounts for all of the services which you use, where CDM Plus has made this option available to you.
- If the next term has commenced, the subscription can be cancelled after payment of the subsequent term has been received.
- Your notice should be sent, in writing, to CDM Plus via the ‘Contact Us’ link on our homepage.
21.3. CDM Plus may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- CDM Plus is required to do so by law;
- the provision of the Services to you by CDM Plus is, in the opinion of CDM Plus, no longer commercially viable.
21.4. Subject to local applicable laws, CDM Plus reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts CDM Plus’s name or reputation or violates the rights of those of another party.
22.1. You agree to indemnify CDM Plus, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
23. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
1.1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
1.2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the AMA or his or her nominee;
1.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
1.4. The mediation will be held in Newcastle, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
23.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
24. Venue and Jurisdiction
The Services offered by CDM Plus is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
25. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
26. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.