AMEPP^® - Terms & Conditions

Agreement Between Customer and AMEPP
Personal and Non-Commercial Use Limitation
Accuracy
Responsibility
Links to Third-Parties
Use of Bulletin Board, Chat Rooms, and other Communications Forums
Right of Termination
Software available on this website
General
Release and Indemnify
Force Majeure
Waiver
Limitation of Liability
Personal Jurisdiction and Governing Law
Refund and Cancellation Policy
Evaluate AMEPP for Free Policy
Modification of these Terms and Conditions

Agreement Between Customer and AMEPP

This Web site is offered to you, the customer. This site is created and maintained by AMEPP-Australasian Medical Entry Preparation Program, which may be referred to as “We” or “us”. “I”, “you’ or “your” refers to the customer or any person or persons including but not limited to students, educational institutions and companies (either private or public) that purchase or use AMEPP works, publications, Courses and Resources, products and services and includes the AMEPP website for any purpose.

Personal and Non-Commercial Use Limitation

This Web site is for your personal and non-commercial use.All AMEPP works, publications, Courses and Resources, products and services including this website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of AMEPP works, publications, Courses and Resources, products and services and this website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are NOT authorised to use this Web site. You acknowledge and represent that all information you provide for the purpose of purchasing AMEPP works, publications, Courses and Resources, products and services and the use of this website will be accurate, complete and current.

Your use of AMEPP works, publications, Courses and Resources, products and services and this website may also be subject to additional terms outlined elsewhere in this website.

The Terms and Conditions constitute a legally binding agreement between you and AMEPP and as such we advise that you read them carefully. In purchasing or acquiring AMEPP works, publications, Courses and Resources, products and services you agree that you are:

• Over 18 years of age and who have full capacity to enter legally binding contracts with AMEPP.
• Under 18 and at least one parent or guardian for who have legal responsibility over me can enter legally binding contracts with AMEPP
• Not going to transmit or attempt to transmit any material of any kind to this AMEPP website which may or may not contain: a virus, malicious computer code(s) which is or is likely to be destructive of data or programming or other harmful component.
• Not planning, attempting or supporting an attempt to alter any of the content on this (AMEPP) website.

Acknowledging and consenting to the disclosure by AMEPP to any law enforcement agency or government authority authorised to compel production of such information under Australian law that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to the AMEPP website, upon being requested to do so by that law enforcement agency.

Accuracy

The information contained on this website is provided in good faith. AMEPP has used reasonable endeavours to ensure that material contained on this website was accurate, correct and current at the time the relevant page was created, modified and published. AMEPP gives no warranty and accepts no responsibility for the accuracy or the completeness of the material and shall not be responsible for any errors or omissions contained on this website. Accordingly, all AMEPP and third party information is provided "AS IS". Moreover, any external links to sites included are developed by persons over whom AMEPP exercises no control. In providing an external link AMEPP does not accept responsibility for or endorse the content or condition of any linked site(s) included. AMEPP reserves the right to make changes without notice as it deems appropriate.

AMEPP or it’s related bodies corporate, any of their directors, designers, editors, instructors, consultants, employees nor it’s agents makes any representation or warranty as to the reliability, accuracy or completeness of the information contained in AMEPP works, Courses and Resources and on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this website. To the fullest extent permitted by applicable law, AMEPP disclaim all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. No oral or written advice or information, obtained by you from or through any AMEPP works, Courses and Resources and this website creates any warranty not expressly made in these Terms and Conditions. For any other information or permission to use the material in this website, contact AMEPP at the link shown on the home page.

Responsibility

In using AMEPP works, publications, materials, Courses and Resources, products and services and this website I understand that it is NOT part of the registration process to sit the official test. I understand it is my responsibility to register with ACER to sit the official UMAT and/or GAMSAT.

Links to Third-Parties

This Web site may contain hyperlinks to Web pages and/or services operated by parties other than AMEPP, even if those web pages are located on AMEPP's server. Such hyperlinks are provided for your reference only. AMEPP does not control such Web sites and is not responsible for their contents. AMEPP's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

Use of Bulletin Board, Chat Rooms, and other Communications Forums

If this Web site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded. Falsify the origin or source of software or other material contained in a file that is uploaded. Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by AMEPP, and such communications shall not be considered reviewed, screened, or approved by AMEPP. AMEPP reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. AMEPP reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

Right of Termination

I understand and agree that AMEPP reserve the right to withdraw any offer made to me to purchase works, publications, Courses and Resources, products and services and the AMEPP website at any time without notice.

I agree that AMEPP reserves the right to refuse any works, publications, materials, Courses and Resources, products and services to an applicant who is deemed in AMEPP's opinion to display disruptive, contentious, or dishonest behaviour.In such an event AMEPP will cancel the student application and notify the student whilst providing a 100% refund within 30 days.

I agree that I will not engage in any activity during the running of AMEPP's course that would be disruptive to other participants of the program as a whole or inconsiderate to others in the course. In the event that AMEPP determines that any of the aforementioned covenants have been breached by me, in addition to all other legal remedies AMEPP has against me, I consent to being immediately dropped from the course with a prorated refund.

I understand and agree to immediately discontinue the use of AMEPP works, publications, Courses and Resources, products and services and the AMEPP website if I object or disagree to any of the Terms and Conditions (including any subsequent amendments-)

I understand and agree that all rights and remedies of AMEPP and other parties accrued at the time of termination and all disclaimers and limitations of liability will survive termination.

Software available on this website

Any software that is made available to download from this Web site ("Software") is the copyrighted work of AMEPP and/or his suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install, copy or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, AMEPP hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this licence. Please note that all Software, including without limitation all HTML code, Active X controls and other script contained in this Web site, are owned by AMEPP and/or its suppliers and is protected by copyright laws and international treaty provisions. You may only make copies of the Software for backup or archival purposes. Any other reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of Australia. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Australian export restrictions.

General

This agreement is governed by the laws of Australia. You hereby consent to the exclusive jurisdiction of the Australian courts in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AMEPP as a result of this agreement or use of this Web site.

AMEPP 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AMEPP's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by AMEPP with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the customer and AMEPP with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and AMEPP with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Release and Indemnify

In purchasing AMEPP works, publications, materials, Courses and Resources, products and services and including the AMEPP website I hereby waive and agree to:

release, forgive, discharge and relinquish any and all claims that I have or may have against AMEPP, it's related bodies corporate, directors, designers, editors, instructors and employees and agents which are connected with, arise out of, relate to or are incidental to any transaction.

indemnify, defend and hold AMEPP, and our related bodies corporate, directors, designers, editors, instructors, employees and agents free from harm from and against any and all claims, loss, damage, tax, liability and cost or expense that may be incurred by AMEPP, our related bodies corporate, directors, designers, editors, instructors, employees,agents and representatives arising out of or in connection with the performance of our or their actions or powers as described in these Terms and Conditions including the legal costs, fees and expenses of defending ourselves and themselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

I further agree to indemnify and hold AMEPP, it's related bodies corporate, directors, designers, editors, instructors, employees and agents harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of AMEPP works, publications, Courses and Resources and the AMEPP website, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this website using your password, credit card details and User ID of any intellectual property or other right of any person or entity.

Force Majeure

All contracts and supply may be suspended by AMEPP in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civil disturbance, war legislation, electrical failure/faults causing data corruption/loss, force majeure or the inability of AMEPP to procure supply of the necessary works, publications, materials, Courses and Resources, products and/or services due to any of the foregoing causes, or for any other occurrence preventing or retarding performance of the contract or delivery, as no responsibility shall be attached to AMEPP for any delay, default, loss or damage due to any of the above causes or to any other cause beyond the control of AMEPP.

Waiver

Failure by AMEPP to exercise or enforce any rights or provisions of these Terms and Conditions does not constitute in any way a waiver of such right or provision unless acknowledged and agreed to by AMEPP in writing. Notwithstanding that AMEPP might agree in respect of any particular transaction either expressly or by implication to waive one or more of these Terms or Conditions, such agreement in no way releases the student or applicant from any other obligation or requirements set out herein.

Limitation of Liability

Not under any circumstances will AMEPP be liable for any direct, indirect, incidental, special or consequential disadvantages or damages, resulting from your use or your inability to use AMEPP works, publications, Courses and Resources including the AMEPP website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Site or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Site, including but not limited to, damages for loss of profits, loss of opportunity, use, data or other intangible, even if we have been advised of the possibility of such damages. Where any law of any place implies in these Terms and Conditions any term, condition or warranty, and that law avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions but our liability for any violation or breach of such term, condition or warranty shall be limited, to AMEPP's discretion, to any one or more of the following:

if the violation or breach relates to AMEPP's goods and/or services:

the replacement of the goods or supply of equivalent goods and/or services; or

the repair of such goods and/or services; or

the payment of the cost of having the goods and/or services repaired or of acquiring equivalent goods; or

a compromise settlement, or discount, negotiated and agreed between the parties.

Personal Jurisdiction and Governing Law

I agree that the laws of the State of Victoria, Australia, shall govern all contracts and supply of AMEPP works, publications, materials, Course and Resources, products and services and I submit that any litigation arising out of this agreement shall be commenced and remain in the State of Victoria, Australia. To adjudicate any such litigation, I consent to the jurisdiction of the Victorian courts even if my residence is in another Australian State, Territory or Country and I would not otherwise be subject to such jurisdiction. I also agree the invalidity of any clause or part of a clause if so held shall not affect any other clause or part of a clause.

Refund and Cancellation Policy

I am entitled to a REFUND if I have NOT received AMEPP workbooks, publications and materials prior to the course I am enrolled in and I submit a written request 7 business days before the first class meeting. Cancellations will only be accepted prior to the closing date; fees, less 20% administration costs, will be refunded. Students and AMEPP customers who have received the Distance Learning Resources ONLY will NOT be entitled to ANY refund. I understand that once I have paid in full and enrolled for a Preparation Course and Resource that I cannot transfer to the “EVALUATE AMEPP FOR FREE POLICY”. I understand if AMEPP reschedules, postpones or cancels the Full Course in which I am enrolled, I will be notified and provided with the following options:

(1) a FULL refund within 30 days

(2) transfer to an AMEPP course held at a different location and/or time

(3) apply the paid money towards purchasing AMEPP Distance Learning Resources (+ Postage).
In the event that I have received the workbooks, publications, and materials prior to the Full Course I am entitled to a refund for the difference between the Full Course and the Distance Learning Resources (including postage). Students or customers of AMEPP who fail to attend the course tutorial(s) will not receive a refund.

• a full refund within 30 days

• transfer to an AMEPP course held at a different location and/or time

• apply the paid money towards purchasing AMEPP workbooks publications and materials.

Evaluate AMEPP for Free Policy

I understand that the “EVALUATE AMEPP FOR FREE POLICY” allows me the option of evaluating AMEPP's Test Preparation Courses and Resources for the Undergraduate Medicine and Health Sciences Admission Test (UMAT) free by applying for the course (a 100% refundable place holding fee of AUD$120.00 must be paid). I am entitled to attend and evaluate the course in the first 3 hours. If I am not convinced that the program is exactly what I need to prepare for the official UMAT, I may withdraw by the end of the third hour and receive my holding fee refund. I understand that if I choose the “EVALUATE AMEPP FOR FREE POLICY”, AMEPP workbooks, publications or course materials will NOT be made available to me. In the event that I review AMEPP workbooks, publications and course materials during this time, I will be required to return ALL materials prior to receiving my place holding refund.

I understand that the “EVALUATE AMEPP FOR FREE POLICY” allows me the option of evaluating AMEPP's Test Preparation Courses and Resources for the Graduate Australian Medical School Admission Test (GAMSAT) free by applying for the course (a 100% refundable place holding fee of AUD$250.00 must be paid). I am entitled to attend and evaluate the course for the first 2 days. If I am not convinced that the program is exactly what I need to prepare for the official GAMSAT in 2005, I may withdraw by the end of the 2nd day and receive my holding fee refund. I understand that if I choose the “EVALUATE AMEPP FOR FREE POLICY”, AMEPP workbooks, publications or course materials will NOT be made available to me. In the event that I review AMEPP workbooks, publications and course materials during this time, I will be required to return ALL materials prior to receiving my place holding refund.

Modification of these Terms and Conditions

AMEPP reserves the right to change the terms, conditions, and notices under which this Web site is offered. This right shall not effect the existing terms and conditions accepted by you upon making a legitimate purchase using this website.