Legal

Online Services Terms and Conditions

By making use of any or all of the online services (websites, training portals, CPD portal, eLearning platform) and/or assessments (tools, documents, forms) (collectively, the 'Online Services') provided by the Royal Australasian College of Physicians ('RACP', also known as ‘the College’) to non-members or members (trainees, supervisors or Fellows), you agree to abide by the following general Terms and Conditions ('Terms'). This includes all communications made on any RACP forum, including, but not limited to discussion forums, wikis, blogs, chat tools and emails ('Online Communications').

The use of the Online Services requires an attitude of professional and academic conduct, cooperation, respect and freedom from interference or harrying. From time to time, the RACP may modify these Terms. The modified Terms will be published on the RACP Online Services and will become effective immediately upon publication. If at any time you do not wish to accept the Terms, you should discontinue use of the Online Services.

1. Disclaimers
2. Your responsibilities
2.1 Ethical use
2.2 Socially responsible use
2.3 Legal use
3. Confidentiality
4. Privacy

1. Disclaimers

1. The RACP makes all reasonable effort to ensure that the information on this website is as accurate as possible, however the RACP in no way guarantees nor warrants the accuracy, completeness or currency of any material made available on the Online Services. The RACP reserves the right to change any information on this website at any time, without notifying users that this has occurred.

2. Medical information on the Online Services is made available for educational and research purposes only. It should in no way be a considered as medical advice nor as a substitute for advice provided by your healthcare professional.

3. Links from the Online Services to other websites do not imply any relationship between the RACP and those websites nor any party affiliated with them. The RACP neither endorses, nor warrants, nor takes any responsibility whatsoever for the content or any other information of the websites to which the RACP, you or any user of the Online Services, may provide a link.

4. The RACP accepts no liability for any loss or damage whatsoever caused either directly or indirectly as a result of using or otherwise relying upon any material or information made available through the Online Services.

2. Your responsibilities

1. As a user of the Online Services, you are responsible for your own actions and are bound by relevant national, state and federal laws, and must comply with all RACP policies, procedures, and guidelines.

2. You must:

act honestly and with integrity
carry out tasks or duties assigned to you by the College diligently and professionally
comply with the lawful and reasonable directions of the College, including those set out in its policies and procedures from time-to-time, including but not limited to the:
abide by the rules and standards of bodies empowered to regulate sectors in which the College operates
choose a secure password, change it periodically and not provide the password to any third party
ensure responsibility for the completeness, accuracy and protection of information that you provide on the Online Services
take reasonably practicable measures to avoid the introduction of viruses and malware into RACP systems
seek assistance if you are unsure how to use the Online Services
notify the RACP immediately if you know or suspect that another person has gained unauthorised access to your account

2.1 Ethical use

1. You should behave honestly and ethically in your use of the Online Services. Unethical or inappropriate activities may include, without limitation:

obtaining or attempting to obtain a higher level of access privilege or access to facilities without authorisation
granting access to unauthorised users
using another person's MyRACP account (even with the owner’s permission)
disclosing your own password to other people or attempting to discover any other user's password
attempting to modify system facilities, illegally obtain extra resources, degrade the performance of any system, or attempt to subvert the restrictions associated with any computer system, computer account or network service
using access for commercial or personal gain
unauthorised experimentation with, or demonstration of, network or system vulnerability

2. You must not:

copy, download, store or transmit copyrighted material such as audio (MP3), photo and video files (not an exhaustive list) without appropriate approval
in any way infringe any copyright, database rights, trademarks, or other intellectual property rights of any third party
use or publish RACP material (whether attributed or not) in any media without the RACP’s written approval

2.2 Socially responsible use

1. You must ensure that your use of the Online Services is socially responsible. You must not engage in conduct that constitutes harassment and discrimination, vilification or victimisation on grounds such as race, gender, religious belief, political conviction, sexual preference or disability.

2. You must not ignore actual or perceived behaviour that may be in breach of these Terms. You must act in good faith to overtly identify and report any such behaviour to the RACP.

3. RACP members must also comply with the RACP Code of Conduct.

4. You must not use the Online Services to upload or share any data (including images) that is offensive in any way, including sexually explicit, discriminatory, defamatory or libellous material.

2.3 Legal use

1. You must comply with all applicable New Zealand, Australian Commonwealth and State laws. You must not:

intentionally damage facilities
breach copyright, including copyright of any software
attempt to gain unauthorised access across a telecommunication service ('hacking')
engage in theft of software or data
create, store or distribute illegal content (for example, child pornography)
engage in any other unlawful activity

3. Confidentiality

1. The RACP will treat use of the Online Services and all Online Communications with utmost confidentiality, except as listed below. Where the RACP monitors Online Communications and the Online Services, it will do so only for the purposes outlined below and will not divulge, communicate or distribute any confidential information to any other party or otherwise act in any way that would breach confidentiality, unless required to do so by law.

2. The RACP reserves the right to monitor both usage of the Online Services and Online Communications to:

identify inappropriate use
protect system security
maintain system performance

3. You should assume that all Online Communications can and may be read by people other than the intended recipients.

4. The RACP reserves the right to inspect, copy, store and/or disclose the contents of any Online Communication and Online Services for the purposes of identifying inappropriate use. The contents of any Online Communication may be disclosed without your permission should there be a need for investigation.

5. The RACP reserves the right to remove or suspend access to the Online Services and Online Communications at any time.

4. Privacy

1. The RACP is committed to protecting all personal information that the RACP collects, uses and stores.

2. In all matters relating to the privacy and security of individual accounts and communications, including any requests for release of information, users of the Online Services must abide by all applicable laws, the RACP Privacy Policy and any other relevant policies and guidelines.

3. You must not disclose the identity of any patients or colleagues without their express written approval when using the Online Services and Online Communications.

4. You must have the written permission or licence to use any photographs, pictures or images of people in any Online Tool or Online Communication. You must also comply with all trademark and copyright laws in relation to the reproduction of any mark or copyright material.

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