BHVI EDUCATION[*] CONDITIONS OF USE

 

From time to time, the Brien Holden Vision Institute (ABN 49 081 303 282) and Brien Holden Vision Institute Foundation (ABN 86 081 872 586) (together, “Institute”) makes available through its websites, certain materials and resources, including online courses, teaching, clinical and learning tools (“Education Resources”). These Education Resources can be accessed and used by you, provided that you agree to the conditions below.

By enrolling into the Institute’s online courses, or by continuing to access and use the Institute’s Education Resources, you agree and accept that these terms and conditions apply to you and your use of the Institute’s Education Resources.

 

1. Not-for-profit use only

Permission to access and use the Institute’s Education Resources is granted only to individuals to use for personal and non-profit purposes. These purposes are generally limited to access and use of the Institute’s Education Resources for the tuition of others (if you are a qualified educator), practising your skills, or for your own private study (“Permitted Purposes”).

 

2. Fees

Some of the Institute’s Education Resources will only be accessible after payment of a fee. In those instances, you will be directed to the Institute’s third party payment processing affiliates to make payment before access is granted to the relevant Education Resource. Some Education Resources require regular payments to maintain access.

Unless specified, fees are usually listed in US dollars, and subject to any applicable taxes, duties and other government charges. If you are required to pay a fee for access to an Education Resource, you agree to pay the fee and any applicable taxes, duties and other government charges before accessing, using or attempting to access or use, that Education Resource.

Discount or offer codes are only valid for a specified time, and must be applied at the payment registration page for the discount to be deducted. Refunds will only be considered in exceptional circumstances.

The Institute reserves the right to cancel any course enrolment. In the event of cancellation, the full registration fee will be refunded or the credit transferred to an alternative course.

 

3. Grant of licence

Provided that you comply with these terms and conditions, and subject paying any applicable fees, the Institute grants to you a personal, non-exclusive and non-transferable licence to access and use the Institute’s Education Resources for the Permitted Purposes. The Institute otherwise reserves all rights (including copyright and other intellectual property rights) in the Education Resources not expressly granted to you and as between you and the Institute, the Institute remains the owner of the Education Resources.

To avoid doubt, the Institute does not give you any permission to use any brand, sign, trademark or other trade indicia of the Institute in any publicity, advertising or other promotional or similar material without the prior written consent of the Institute, which may be withheld in the Institute’s absolute discretion, or amend or modify or further develop the Institute’s Education Resources in any way.

 

4. Uploading information

Some of the Institute’s Education Resources may allow you to upload or submit information and other materials (“User Content”) as a feature or function of that Education Resource. If you chose to use those features of functions, you represent and warrant that you own or have the necessary licenses, or are otherwise authorised to submit that User Content and that the User Content that you are uploading or submitting:

1. does not comprise (i) unauthorised commercial communications (e.g. spam), (ii) invitations to participate in unlawful business practices (e.g. unsolicited marketing) or (iii) malware (e.g. a virus);
2. is not defamatory, malicious, pornographic or intended to bully, intimidate, threaten or harass any other person;
3. does not incite violence, constitute hate speech, or contain nudity or graphic or gratuitous violence; and
4. does not contravene any laws or encourage any such contraventions.

You also agree that, given your consent, the Institute may, on a non-exclusive, royalty-free and worldwide basis, use, copy, sublicense, re-distribute, adapt, transmit, publish, communicate, perform, broadcast, and/or display any User Content you upload or submit.

The Institute reserves the right in any event to remove without notice to you any User Content it determines is inappropriate or violates these terms and conditions.

 

5. Privacy and Further Assistance

Using the Institute’s Education Resources may require you from time to time to submit personal information to the Institute. Any information that you provide to the Institute will be collected and used in accordance with the Institute’s Privacy Statement (which can be accessed at https://www.brienholdenvision.org/privacy-statement), which is incorporated into this document by reference, and you consent to the Institute using such personal information collected in accordance with the Institute’s Privacy Policy.

Additionally, you agree to the Institute contacting you in the future to obtain information for the purposes of:

1. evaluation and further development of its Education Resources. Should you be contacted, you agree to provide reasonable assistance and feedback and information to help the Institute in this regard and you further consent to the Institute using your feedback and information to promote and/or market the Institute’s Education Resources to others; and
2. the Institute enforcing its rights in and in relation to the Institute’s Education Resources.

 

6. Restrictions

In accessing and using the Institute’s Education Resources, you must not, without the Institute’s explicit prior written consent:

1. use the Institute’s Education Resources for any purpose other than the Permitted Purposes (including, as part of any activity of a profit-seeking nature);
2. copy, reproduce, upload, post or link to course materials;
3. charge for the access or use of the Institute’s Education Resources;
4. transfer course login details to another person
5. amend or modify or further develop the Institute’s Education Resources in any way;
6. sell, transfer, sublicense, lease, lend, rent or otherwise distribute the Institute’s Education Resources;
7. transmit, communicate, host or make available to others the Institute’s Education Resources by any means (except as allowed for the Permitted Purposes);
8. hack, break, or circumvent any security or technological protection measure applied by the Institute to control access to its Education Resources;
9. store on any format or medium any part of the Institute’s Education Resources for any period of time longer than necessary for you to complete the Permitted Purposes; or
10. offer to do, or allow any person to do or offer to do, any of the things referred to in sub-paragraphs (a) to (g) above.

 

7. Termination

Provided that you continue to comply with these terms and conditions, you may continue to access and use the Education Resources for the Permitted Purposes for so long as the Institute makes them available. However, the Institute reserves the right to terminate your access to the Education Resources at its absolute discretion without notice, at any time and for any reason.

You agree that the Institute has no liability towards you for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Education Resources, and you further agree that on completion of the Permitted Purposes or at the request of the Institute, you will promptly destroy all copies of the Institute’s Education Resources then in your possession or control.

 

8. No warranties

The Institute’s Education Resources are, to the extent permitted by law, provided “as is”, without express or implied warranties of any kind (including, without limitation, warranties with respect to merchantability or fitness for any particular purpose, and/or warranties that the Institute’s Education Resources will meet your requirements or are, or will be, complete or free of omissions, errors or interruptions).

The materials and resources comprising the Institute’s Education Resources are provided as general information only and should not be relied upon in place of professional or expert advice. The Institute does not, through the information in the Institute’s Education Resources or otherwise, provide specific advice concerning the clinical management of any case or condition that may be mentioned in the Institute’s Education Resources, and the information must not be used as a substitute for specific advice from a qualified professional. The mention of specific companies or certain manufacturers’ products does not mean that those companies or products are endorsed or recommended by the Institute in preference to others of a similar nature that are not mentioned.

 

9. Limitation of liability

By accessing or using the Institute’s Education Resources you acknowledge that, to the extent permitted by law, the Institute is not and will not be liable to you for any direct, special, incidental, exemplary, punitive, consequential or any other type of damages, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not the Institute has been advised of the possibility of such loss or damage.

Some of the Institute’s Education Resources may be integrated with, connect, link or refer to, third party applications, websites, and services (“Third Party Applications”). You agree and accept that the Institute has no responsibility over, and does not endorse, any Third Party Applications. You further agree that the Institute will not be liable to you for the behaviour, features, or content of any Third Party Applications and that your use of them is governed by the separate terms and policies determined by their owners.

The foregoing limitations will survive and apply notwithstanding any termination of access to the Institute’s Education Resources.

 

10. Indemnity

You agree to indemnify and hold the Institute and its officers, directors, employees, contractors and agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, attorneys' fees, made by any third party in connection with or arising out of your access or use of the Institute’s Education Resources, your violation of these terms and conditions, your violation of applicable laws, or your violation of any rights of another person or entity.

 

11. Contact information

If you have any questions regarding these terms and conditions, or any comments, suggestions or questions regarding the Institute’s Education Resources, please contact the Institute by email: education@bhvi.org.

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[*] BHVI Education is the education branch of the Brien Holden Vision Institute and Brien Holden Vision Institute Foundation.