WEBSITE TERMS OF USE

Use of AADPA.com.au, including all materials and all online services provided by Australian ADHD Professionals Association, is subject to the following Terms and Conditions. These Terms apply to all Website visitors and AADPA members and should be read carefully, together with our Privacy Policy, as both govern your use of this Website.

By using the Website, you agree to these Terms of Use, without modification, and acknowledge reading them. Do not use (or continue to use) this Website if you do not agree to these Terms or our Privacy Policy.

1. General

The terms “we,” “us,” “owner” and “our” refer to Australian ADHD Professionals Association (AADPA). The term “Website” refers to aadpa.com.au. The terms “user,” “you,” and “your” refer to Website visitors, customers, members and any other users of the Website. The term “Agreement” refers to these Terms of Use.

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

2. Services

AADPA.com.au is a professional membership website providing online training and other professional resources relating to evidence-based research, diagnosis, treatment and management of ADHD (the “Service”).

Parties agree that the scope of services provided by AADPA according to this Agreement are educational in nature and is limited to those listed on the Website. AADPA reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

3. Membership

AADPA Membership is strictly limited to the following three classifications:
3.1. Full Membership. Available to individuals who:

• are involved in the management of ADHD or ADHD research;
• satisfy any educational requirements for a Full Member as determined by the Board;
• have been practising in the research, diagnosis, treatment or management of ADHD or related conditions, for a period of at least 3 years; and
• are either a medical practitioner, psychologist, scientist, pharmacist or other health or education professional and who has received appropriate postgraduate training relevant to the research, diagnosis, treatment or management of ADHD or related conditions; or
• in the opinion of the Board, has made a worthwhile contribution to the research, diagnosis, treatment or management of ADHD or related conditions.

3.2. Associate Membership. Available to:

• any other suitably qualified person as determined by the Board who is interested in ADHD research, diagnosis, treatment or management or are starting their practice in the field of ADHD; or
• a suitably qualified person as determined by the Board who is in the process of completing advanced training (e.g. those undertaking on the job specialist training) related to ADHD or closely related conditions; but is
• otherwise ineligible to be admitted as a Full Member; or
• any individual who has made a contribution to the cause of ADHD or those affected by ADHD that the Board considers worthy of recognition with membership and whom the Board invites to apply for membership.

3.3. Student Membership. Available to individuals who are:

• an enrolled undergraduate or postgraduate student of a university, centre of tertiary education, or learned college; and
• undertaking full or part-time training or studies related to ADHD or closely related conditions; but
• otherwise ineligible for admission under any other membership category.

4. Member Email Group

The AADPA Member Email Group is a forum for the benefit of AADPA members and is provided specifically for the discussion of professional issues and to promote information exchange which may be useful to members in their helping of the ADHD community.

AADPA takes no responsibility for any views expressed by members. Views expressed are from individual respondents who may be giving advice on how they might manage a clinical situation, but again they are taking no responsibility for a patient’s management. Should any member inadvertently cause offence with their comments, is the responsibility of the commenting member, and not the moderators or AADPA.

To cultivate respectful professional discussion on ADHD and related topics, the rules for participation in the Member Email Group are as follows:

• Do not advertise your services or products.
• Do not discuss your personal situation/diagnoses.
• Respect confidentiality.
• Do not forward AADPA Group emails to any third party.
• Do not forward any emails to the AADPA group without the permission of the original sender.

AADPA reserves the right to place any member who does not abide by the terms on moderation status and/or remove them from the email group and/or revoke their AADPA membership. Comments deemed derogatory, defamatory or otherwise inappropriate may be removed without discussion or notice.

5. Accessing The Website And Services

AADPA endeavours to ensure that all aspects of this Website are available at all times. However, we will not be liable if for any reason this website or any aspect of it is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Your access to this Website and your ability to participate in all or certain parts of this Website may be withdrawn, amended or terminated by AADPA at any time without notice and any liability. Any limitations on AADPA’s liability will survive such termination.

We assume no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to this Website, or any injury or damage to any person’s computer related to the use of this Website, or the uploading of material or downloading of any software/material (where permitted) from this Website.

Any costs associated with accessing this Website are your responsibility and may be dependent on the internet service provider used.

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and in the Service related to membership Websites and other information are subject to change.

6. Lawful Use

You may use the Website and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only.

You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

7. Account Creation & Password Management

In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to AADPA will always be accurate, correct, and up to date.

You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

You are responsible for maintaining the confidentiality of the password you use in association with your account and are responsible for all activities that occur under your username and password. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from the failure to protect your password or account information.

8. Website Content

Whilst we take care to ensure the accuracy of all content on or available through this Website, to the extent permitted by law, AADPA assumes no legal liability for and does not warrant that the information contained on this Website is accurate or complete, or that the Website pages will be free from errors, or that the availability of the Website will be uninterrupted.

You specifically acknowledge and agree that your use of this Website and services found on this Website are at your own risk. Anything available via this Website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via the Website.

The information provided on this website is for information and educational purposes only and does not replace the need for specific advice relevant to your particular circumstance. By accessing and using the Website, you acknowledge and agree that no information or advice made available through this website constitutes medical advice, or advice of any other regulated industry, or creates a warranty of any kind.

You acknowledge that you will consult an appropriate professional for specific advice tailored to your situation if needed and will not delay in seeking it because of anything you have read on this website.

9. Refusal Of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

10. Membership Term

Once your AADPA Membership is confirmed, you will be provided with access to the Services. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, website software, etc.). You agree and understand that no breach of contract action may be initiated against AADPA when there are reasonable delays in the access of the Service.

AADPA reserves the right to terminate the Service, and/or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement. If for any reason AADPA should dissolve or cease to exist, then your access to the Service terminates.

11. Cancellations & Refunds

You may cancel your AADPA membership at any time via your account page, however, due to the nature of the Service, no refunds will be made for any membership fees already paid. Once you cancel, you will no longer have access to the Service, including all content and professional resources, once your annual membership period is completed.

Your membership will automatically renew each year. It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.

Should an application for AADPA Membership not be approved, membership fees will be fully refunded within 5 business days of the application.

12. Service Description

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Website is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

13. Material You Submit To The Website

The Website may provide features which allow you to post messages and content to designated areas on the Website, to participate in chat groups, to interact with AADPA and other users and to upload files, documents, or other materials (“Submission(s)”).

AADPA does not control the content of any Submissions and has no obligation to monitor the Submissions. However, we reserve the right at all times to disclose any information necessary to satisfy any law, regulation or governmental or law enforcement request, or to edit, refuse to post or to remove any Submission, in whole or in part, that, in our sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.

14. Rules Regarding Submissions

You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Website, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

When using any of the features of the Website which allow you to post, upload or make Submissions, it is a condition of your use of the Website that you do not:

• Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website or do anything, which is the sole discretion of the Owner, imposes an unreasonable or disproportionately large load on the Website infrastructure;
• Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
• Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
• Post or transmit any Submission which contains a virus or other harmful component;
• Post or transmit “junk mail”, “chain letters”, unsolicited mass mailing or “spam”; and
• Use or “mine” the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes.

15. Intellectual Property Rights To Your Material

We claim no intellectual property rights over the material you supply to AADPA. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Website or Service. The content you submit to AADPA remains yours to the extent that you have any legal claims therein. You agree to hold AADPA harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

By posting material on the Website, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by AADPA for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

16. Grant Of Licence Regarding Submissions

By posting or uploading Submissions to the Website, you grant AADPA a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights.

In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of AADPA, (ii) consent to your name, address and email appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission, (iii) acknowledge and agree that the owner is not responsible for any loss, damage or corruption that may occur to your Submission, and (iv) acknowledge and agree that your Submission will be non-confidential.

17. Our Intellectual Property

This Website contains intellectual property owned by AADPA, including trademarks, copyrights, proprietary information, and other intellectual property. AADPA’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including AADPA’s copyrighted materials, shall remain the sole property of AADPA. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website or Service Content or intellectual property, in whole or in part, without our prior written consent.

This includes, but is not limited to, sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Website or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

18. Tools

Any interactive tools on the Website are provided for general and illustrative purposes only. Such tools are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.

19. Disclaimer Of Warranties

The Website Content is provided “AS IS”. While AADPA endeavours to provide information that is correct, accurate, current and timely, we make no representations, warranties or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose, (ii) the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose, (iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected, (v) that the Website will be free from viruses or harmful components, and (vi) that communications to or from the Website will be secure and/or not intercepted.

You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.

20. Limitation Of Liability

In no event shall AADPA, its officers, directors, employees, agents and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

AAPDA also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall AADPA, its officers, directors, employees, agents and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third party, and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the owner knew of or ought to have known of the possibility of such damages.

21. Indemnity

You agree to indemnify, defend and hold harmless AADPA and its officers, directors, employees, agents and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Website, the Content or any Website to which the Website is or may be linked to from time to time or, (iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Website.

You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

22. Copyright

The Content is protected by copyright law and is owned by AADPA and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without our express prior written consent.

23. Limited Licence

Subject to the terms and conditions of this Agreement, you are granted a limited, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to access, view and use the Website and the Content for your personal, non-commercial use. All other uses are prohibited without our prior written consent.

You are granted the right to download, store and/or print single copies of items comprising the content for non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy, share and/or repost items downloaded from the Website. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific content and this Agreement, the terms of the specific licence shall govern.

24. Website Linking & Third Party Resources

The Website and the Service may contain links to third-party Websites and resources. These links are provided solely as a convenience to you and not as an endorsement by AADPA of any third-party Website or the content thereof.

You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party Websites or resources. Links to such Websites or resources do not imply any endorsement by or affiliation with AADPA. You acknowledge sole responsibility for and assume all risk arising from, your use of any such Websites or resources including any viruses or other harmful components that may be transmitted from a linked 3rd party Website to your computer or device.

AADPA encourages links to the Website, however we do not wish to be linked to or from any third-party Website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to our activities, operations, credibility or integrity, or (ii) any Website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. We reserve the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of the owner.

25. Modification To Website

We reserve the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. AADPA shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.

26. Waiver

Any consent by AADPA, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

27. Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

28. Variations & Changes

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Website. We recommend you check our Website regularly to ensure you are aware of our current terms. Materials and information on this Website (Content) are subject to change without notice. We do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.

29. Discontinuance

We may, at any time and without notice to you, discontinue our website, in whole or in part. We may also exclude any person from using our website, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from, or in connection with, any such discontinuance or exclusion.

30. Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

31. Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except for the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

32. Recovery Of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

33. Jurisdiction

Your use of our Website and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Website may be accessed throughout Australia and overseas. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our website.

34. Entire Agreement & Waiver

These Terms constitute the entire agreement between you and AADPA pertaining to the Website and Service and supersede all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by AADPA shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by AADPA.

This website is operated by the Australian ADHD Professionals Association Ltd (AADPA) ABN: 85 616 076 049. If you have any questions or comments regarding this Website, please contact us at admin@aadpa.com.au.

35. Contact Information

This website is owned and operated by the Australian ADHD Professionals Association (AADPA) Ltd, ABN: 85 616 076 049. If you have any questions or comments with respect to this Agreement or our Website, please email us at admin@aadpa.com.au

Last Updated: December 2018