SEM Academy Terms of Use

The Australasian College of Sport and Exercise Physicians (ACSEP) ACN 003 200 584 (ACSEP, we, us, our) operates a Sport and Exercise Medicine Academy (SEM Academy) through our website https://semacademy.org/. SEM Academy provides online educational resources in the field of sport and exercise medicine to users on a subscription-fee basis.

These terms and conditions of access to and use of SEM Academy (Terms of Use) constitute an agreement between us and the person who accesses SEM Academy (You, Your). By registering to use SEM Academy, You are deemed to have read, understood and accepted these Terms of Use. If You do not agree to these Terms of Use, You will not be entitled to access or use SEM Academy.

We reserve the right to amend these Terms of Use from time to time. We will use our reasonable endeavours to draw Your attention to such amendments (including by placing a notice of the amendment on a reasonably prominent position on our website, together with a link to the amendments to the Terms of Use). It remains Your responsibility to periodically review these Terms of Use. You acknowledge and agree that Your continued use of SEM Academy after any changes to these Terms of Use will be deemed by us to be Your acceptance of any amendments.

Any questions about these Terms of Use or requests for technical assistance may be sent by email to nationaloffice@acsep.org.au or by post to ACSEP — Level 3, 257 Collins Street Melbourne VIC 3000 Australia.

1. Definitions

In these Terms of Use:

ABN means an Australian Business Number issued pursuant to the A New Tax System (Australian Business Number) Act 1999 (Cth);

Business Day means a day (other than a Saturday or a Sunday) that is not gazetted as a Public Holiday in Melbourne, Victoria, together with any other day on which we are not open for general business (as notified to the public generally in advance, including through any notice published on SEM Academy or our website);

Business Hours means the hours between 9:00am to 5.00pm on a Business Day;

Content includes, but is not limited to, the text matter of a document, publication or module in any form available on SEM Academy;

IPR means any copyright, trade mark (whether registered or unregistered), design, patent, semiconductor or circuit layout rights, trade, business or company names, other proprietary rights and rights to the registration of any of the foregoing existing anywhere in the world and existing before, on or after the commencement of these Terms of Use;

Laws means all relevant Australian state, territory and Commonwealth laws and regulations;

Minimum Period means twelve (12) months from the day on which the first Subscription Period commences;

Password means a password set and used for the purpose of accessing SEM Academy;

Payment Method means a credit or debit card or any other method agreed to in writing by ACSEP;

Personal Information has the meaning given to the term “personal information” by the Privacy Act 1988 (Cth);

Premium Modules means the additional optional modules of postgraduate university standard available for purchase on SEM Academy that are not covered by the Subscription Fee;

Privacy Laws means the Privacy Act 1988 (Cth), the Health Records Act 2001 (Vic) and any other law regulating the privacy of personal information and which applies to us;

Privacy Policy means our privacy policy that addresses how we collect, hold, use, disclose and otherwise deal with Personal Information;

SEM Academy means the online portal accessible through our website which provides You access to sport and exercise medicine educational resources;

Subscription Fee means the fee payable to ACSEP in accordance with clause 5 in consideration for access to and use of SEM Academy;

Subscription Period means the monthly (or annual, as the case may be) period in which You are entitled to access and use SEM Academy;

Terms of Use means these terms of use, including any schedules and annexures;

User ID means Your email address or other details which You use to access SEM Academy; and

You mean you and any organisation you represent.

2. SEM Academy account

In order to access and use SEM Academy, You must create an account by:
1. providing the information requested by ACSEP; and
2. creating a Password that meets any minimum requirements set by ACSEP.
Where You create an account on behalf of an organisation, You must provide the organisation’s name and ABN (or other applicable business registration number in jurisdictions outside Australia).
You acknowledge and agree that:
1. You are responsible for the activity that occurs on Your account;
2. You must take all necessary steps to protect Your User ID, Password and account from unauthorised access, use or disclosure; and
3. You will immediately notify us in writing if:
  1. the information You have provided is incorrect, inaccurate or incomplete; or
  2. You become aware of or suspect that Your User ID, Password or account is being used without Your consent.

3. SEM Academy membership

Subject to compliance with these Terms of Use and payment of the Subscription Fee, ACSEP grants to You a non-exclusive, non-transferable licence to access and use SEM Academy for the Subscription Period.
Commencement of the initial Subscription Period begins when:
1. account registration in accordance will clause 2 has occurred; and
2. the Subscription Fee has been paid in full in accordance with clause 5.
If payment of the Subscription Fee is up to date, Your SEM Academy membership will automatically renew at the end of each Subscription Period unless earlier terminated in accordance with clause 8.
You acknowledge and agree that Your SEM Academy membership will continue for the Minimum Period and that You are liable to pay ACSEP Subscription Fees for the duration of the Minimum Period.

4. Conditions and restrictions

You acknowledge and agree that continuing access to and use of the SEM Academy is subject to You:
1. if an individual, being at least 18 years of age and having full legal capacity;
2. if representing an organisation, having the relevant authority to register for SEM Academy and to bind Your organisation to these Terms of Use if entering into these Terms of Use on behalf of an organisation;
3. agreeing not to alter, adapt, modify, distribute, reproduce, duplicate, copy, sell, resell or exploit in any medium any part of SEM Academy without our prior written consent;
4. not submitting to us any content, and that You will not use SEM Academy to transmit any material, that is vulgar, obscene, discriminatory, sexist, racist, violent, graphic, contrary to applicable Laws, libellous, tortious, defamatory or invasive of another person’s privacy;
5. maintaining the confidentiality any information containing or comprising confidential and sensitive information which is made available to You on SEM Academy and agreeing to immediately notify us if You become aware of any actual or suspected unauthorised access to or use or disclosure of such information;
6. agreeing not to use or to access SEM Academy for any commercial use unless You first obtain our prior written consent; and
7. complying with all applicable Laws in relation to use of or access to the SEM Academy.
Any breach of this clause 4 may lead to Your account being suspended or terminated in the absolute discretion of ACSEP.
You acknowledge and agree that:
1. the material available on SEM Academy is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting other sources of information; and
2. ACSEP reserves the right to suspend and/or discontinue any aspect of SEM Academy at any time and ACSEP will not be liable to You where we fail to notify You in advance of where we decide to discontinue any aspect of SEM Academy under these Terms of Use.

5. Subscription Fee

To access and use the SEM Academy for the Subscription Period, You must pay to ACSEP the Subscription Fee.
You must provide us with details of a valid Payment Method and hereby authorise ACSEP to charge the Subscription Fee to Your nominated Payment Method.
Unless otherwise stated, the Subscription Fee is inclusive of GST. You must pay any other applicable charges, taxes and duties in addition to the Subscription Fee, except where they are expressly included in the Subscription Fee.
Upon the provision of written notice to You, ACSEP may adjust the Subscription Fee from time to time. Any adjustment will take effect from the subsequent Subscription Period.
You acknowledge and agree that the Subscription Fee does not include access to any Premium Modules on SEM Academy and that separate fees are payable to ACSEP in order to access and use the Premium Modules.

6. Refunds

You acknowledge and agree that refunds are not available:
1. for change of mind; or
2. if You do not access SEM Academy during any Subscription Period.
ACSEP will provide refunds in accordance with the consumer guarantee provisions of the Australian Consumer Law.
In addition to clause 6(b), ACSEP may, in its absolute discretion, provide You with a refund of the Subscription Fee(s). To request a refund, You must provide ACSEP with reasons for the refund request in writing. If a refund is approved, a credit will automatically be applied to Your Payment Method.

7. Account suspension

You acknowledge and agree that we may monitor Your account and activity on SEM Academy from time to time.
Without limiting our rights under these Terms of Use or at Law, You acknowledge and agree that we may at any time suspend Your access to SEM Academy, including if any of the following occurs:
1. we detect any suspicious activity occurring in relation to Your account;
2. You default in payment of the Subscription Fee when it falls due;
3. You breach these Terms of Use and do not rectify the breach within a reasonable period of time;
4. we determine that the information You have provided to us is inaccurate, incomplete or outdated and You do not immediately take steps to rectify the inaccuracy, incompleteness or timeliness of the information; and
5. we are required to disable access to SEM Academy for the purpose of carrying out support and/or maintenance in relation to SEM Academy.

8. Account termination

ACSEP may terminate Your SEM Academy membership:
1. at any time, for any reason, by the provision of 14 days’ notice to You in writing;
2. if Your access to SEM Academy is suspended under these Terms of Use for more than 14 days;
3. if ACSEP is required to do so in order to comply with an order, instruction, request or notice of a regulator, any other competent authority or by requirement of or under law;
4. if ACSEP determines that it is not technically or operationally feasible or commercially viable to continue providing access to SEM Academy; or immediately, if You commit a serious breach of these Terms of Use in the opinion of ACSEP.
If Your SEM Academy membership is terminated in accordance with clause 8(a), You will remain liable to pay any outstanding Subscription Fees to ACSEP.
After the conclusion of the Minimum Period, You may cancel Your SEM Academy membership at any time by providing 30 days’ notice in writing to ACSEP. Your access to SEM Academy will continue until the end of the relevant Subscription Period and Your account will close at the end of that Subscription Period.
Any request to terminate Your SEM Academy membership prior to the conclusion of the Minimum Period must be made to ACSEP in writing, accompanied by detailed reasons for the request. ACSEP may, in its absolute discretion, accept or reject such a request. If a request is rejected, You will be liable to pay the remaining Subscription Fees for the Minimum Period.

9. Intellectual Property

You acknowledge and agree that:

all right, title and interest in and to the SEM Academy (including the IPR subsisting in SEM Academy) vest in and belong to ACSEP;
the rights in SEM Academy are licensed to You on a personal, revocable, non-exclusive and non-commercial basis as set out in these Terms of Use; and
nothing in these Terms of Use should be construed as constituting an assignment of the IPR or other rights in SEM Academy from ACSEP to You.

10. Warranties and Representations

You acknowledge and agree that we do not make any warranties or representations as to:
1. he accuracy, currency, adequacy, completeness or availability of any of the Content;
2. the access to or use of SEM Academy being uninterrupted, timely, secure, error-free or continuing for any period of time;
3. the availability of access to or use of SEM Academy in respect of specific geographical areas; and
4. the ability of SEM Academy to operate with any other hardware, software, system or data.
ACSEP will not be liable for any loss or damage incurred by You as a result of anything specified in clause 10(a).
We take all reasonable steps to ensure that SEM Academy can be accessed at any time. However You acknowledge and agree that SEM Academy, is made available to You on an “as is” and “as available” basis.
You acknowledge and agree that the Internet is an inherently insecure medium, that no data transmission over the Internet can be guaranteed as being totally secure and that Your data (including the content You upload or otherwise submit to us) is stored on SEM Academy at Your own risk.
While we take all reasonable steps to protect and secure Your data transmission to SEM Academy once we receive the transmission, You agree that, to the maximum extent permitted by Law, we are not liable to You for any misuse of or unauthorised access to, use of or disclosure of Your data, unless such misuse of or unauthorised access to, use of or disclosure of Your data is as a direct result of any negligent, reckless or intentional act or omission by us or by our employees or subcontractors.

11. Privacy

We take all reasonable steps to protect the privacy of Your Personal Information in accordance with our statutory obligations under the Privacy Laws. In particular, we will comply with our Privacy Policy, which can be accessed via: https://www.acsep.org.au/page/about/acsep-governance/acsep-policies.
If You do not provide Personal Information to us when requested, You may be unable to access or use part or all of SEM Academy or the tools we make available via SEM Academy.
When You provide us with Personal Information at our request, we may use the Personal Information to create a user profile for You via SEM Academy. This user profile stores Your individual information (which may include Personal Information about You) and includes settings generated in relation to Your access and use privileges, the tools we make available and the Content.
Generally, we may also from time to time use Your Personal Information and/or disclose Your Personal Information we have collected about You to third parties in accordance with our Privacy Policy.
In accordance with our Privacy Policy, we will provide You with access to the Personal Information we hold about You and You have the right to request we correct errors or omissions in the Personal Information we hold about You in accordance with our Privacy Policy and the Privacy Laws.
We take reasonable steps to protect the Personal Information we collect and hold about You from misuse, and from unauthorised access, use and disclosure.
We do not transfer or host any Personal Information outside Australia and where any Personal Information is transferred to a third party recipient outside Victoria, in accordance with our obligations under the Privacy Laws, we use our reasonable endeavours to ensure that the recipient complies with laws or a binding scheme that is equivalent to the requirements of the Privacy Act 1988 (Cth).
If You are a European resident, Your personal data will be processed lawfully, fairly and in a transparent manner.
Third party content

12. Third party content

Certain content, products and services available via SEM Academy may include materials from third parties.
Third party links on SEM Academy may direct You to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy reliability or availability of such websites and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third-party.
Where You have the right under these Terms of Use to access the content of third parties, then You are granted a limited sub-licence by us on behalf of the third party to access and view such content via SEM Academy. Such licence does not extend to downloading, reproducing, making available, communicating to the public or otherwise exploiting the content.

13. Liability

The liability of either party for a breach of these Terms of Use or for any other common law or statutory cause of action arising out of the operation of these Terms of Use will be determined under the relevant law that is recognised, and would be applied by, the High Court of Australia.
To the fullest extent permitted by law, in no event shall we, our directors, officers, employees or agents, be liable to You for any direct, indirect, incidental, special or consequential loss or damage arising from any:
1. errors, mistakes or inaccuracies of Content;
2. personal injury or property damage (of any nature whatsoever) arising or resulting from Your access to and use of SEM Academy and/or the Content;
3. any unauthorised access to or use of our system that hosts Content, except where such unauthorised access to or use of our system is as a result of some negligent, reckless or wilful act or omission by us;
4. any interruption or cessation of transmission to or from the SEM Academy;
5. any bugs, viruses and/or other malicious code which may be transmitted to or through SEM Academy by any third party (except where such transmission is facilitated by some negligent, reckless or wilful act or omission by us); and/or
6. any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of Your use of any Content posted, emailed, transmitted or otherwise made available via SEM Academy, whether based on warranty, contract, tort or any other legal theory.
To the extent that we cannot lawfully exclude our warranty or any guarantees to You under these Terms of Use, then to the maximum extent permitted by Law, we limit our liability to You to the cost of resupplying the services to You as contemplated under these Terms of Use.

14. Communications

Unless You expressly notify us otherwise in writing, You consent to receipt of electronic messages attaching newsletters and/or updates of future developments relating to SEM Academy and any other ACSEP services that we offer or make available.

15. Notices

Without limiting the methods by which a notice or other communication may be given at Law, a notice or other communication is properly given or served if it is transmitted by electronic mail or other electronic means to Your electronic mail address. You agree to promptly notify us of any change in Your electronic mail address.

16. Entire agreement

These Terms of Use constitute the entire agreement with respect to Your access to and use of SEM Academy, access to and use of the tools we make available via SEM Academy and Your right to upload, submit, access and use the Content. These Terms of Use supersede all prior representations, agreements, statements and understandings (whether verbal or in writing) in relation to the subject matter of these Terms of Use.

17. Governing law

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria with respect to any dispute arising out of or in connection with this Agreement.

18. Variation

We may vary these Terms of Use at any time by giving You notice of the variation. Such notice may be given (and You are deemed to have been given notice) by posting a notice of the variation to these Terms of Use reasonably prominently on SEM Academy.

19. Waiver

A waiver by either party of a breach of these Terms of Use will not be regarded as a waiver of any other breach. A party’s failure to enforce a provision of these Terms of Use will not be interpreted as a waiver.

20. Severability

Each provision of these Terms of Use shall be read as separate and separable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.

21. Assignment

We may assign any rights under these Terms of Use to a third party without Your prior written consent.
You acknowledge and agree that the rights conferred on You under these Terms of Use are personal to You and cannot be assigned or novated to another party except with our prior written consent.

22. Termination and survival

These Terms of Use (except for those clauses which are expressly stated as surviving the termination or expiry of these Terms of use) expire on the earliest of the following the cessation of our provision of SEM Academy and the related tools and services and our termination of Your access rights to SEM Academy (for any of the reasons contemplated in these Terms of Use).
Clauses 9 (Intellectual Property), 10 (Warranties and Representations), 11 (Privacy), and 13 (Liability) survive the termination or expiry of these Terms of Use.

23. Interpretation

In these Terms of Use, unless the contrary intention appears:

the singular includes the plural and vice versa;
words importing one gender include other genders;
a reference to a document or instrument (including these Terms of Use) includes that document or instrument as novated, altered or replaced from time to time;
a reference to an individual or person includes a partnership, body corporate, government authority or agency and vice versa;
a reference to a party includes that party’s executors, administrators, successors, substitutes and permitted assigns;
other grammatical forms of defined words or expressions have corresponding meanings;
a covenant, undertaking, representation, warranty, indemnity or agreement made or given by two or more parties or a party comprised of two or more persons is made or given and binds those parties or persons jointly and severally;
a reference to a statute, code or other law includes regulations and other instruments made under it and includes consolidations, amendments, reenactments or replacements of any of them;
all monetary amounts are in Australian dollars;
a party that is a trustee is bound both personally and in its capacity as trustee; and
a reference to an authority, institution, association or body (original entity) that ceased to exist, been reconstituted, renamed or replaced or whose powers or functions have been transferred to another entity, is a reference to the entity that most closely serves the purposes or objects of the original entity.