iCanMed – TERMS AND CONDITIONS
Disclaimer Our content is intended as examination preparation courses which you can use to prepare for your UCAT exams, interview assessment and school studies. While we use reasonable attempts to ensure the accuracy and completeness of the content, to the maximum extent permitted by law we make no representation or warranty in relation to it and assume no liability or responsibility for any typographical, other errors or omissions in the content. We make no promises about the usefulness of the content and information on the Site or whether it is fit for your intended purpose. We make no warranties or promises as to the likelihood of you successfully passing any exams, interviews or tests or gaining employment after using our content and disclaim any warranty that our content of the courses and workshops can be relied upon.
Warning: If you use our courses and/or workshops (or any part of them) for any purpose other than for personal study including but not limited to preparation for UCAT exams and interview assessment (Required Purpose), you are required to notify us immediately. In the event that you do not use it for the Required Purpose or do not notify us, we reserve all rights to terminate the Account (as defined below) with immediate effect, without any notice to you.
In addition, we further reserve all rights to commence legal action against any person who, including but not limited to, extracts, shares any part of the content of our courses and/or workshops and/or uses them, the Site (as defined below) and/or the Account for commercial purposes or for any purpose other than the Required Purpose.
1.1 This website is operated by iCanMed Pty Ltd ACN: 73 627 780 965 (we, our or us) and is available at www.icanmed.com.au and may be available through other addresses, channels or apps (collectively called the Site).
1.2 By accessing and/or using our Site, you; each person, entity or organisation using our Site (referred to as you or a user as applicable)::
b) warrant to us that you have the legal capacity to enter into a legally binding agreement with us (and if you are under the age of 18 years old, it is deemed that your parent or legal guardian is aware and has given consent); and
c) agree to use the Site in accordance with the Terms and all applicable laws and regulations and be bound by them.
1.3. Please read the Terms carefully and immediately cease using the Site and our services if you do not agree to these Terms.
1.5. We may disable your Account or use of the Site without notice and for any reason.
2- Free Content
2.1. We may offer you access to free content designed to allow you to evaluate the online courses (Free Content) and make sure it is right for you before paying the Fees. Any Free Content can change at any time without notice. We have the right to change, terminate or revoke your access to Free Content if you are found to be misusing the Site.
3- Courses and Workshops
3.1 You may sign up for the courses, both free and paid workshops from us as set on the Site.
3.2. For courses and paid workshops, you may sign up by paying the price for the relevant course or workshop as set out on the Site (Fees) and following any other instructions set out on the Site.
3.3. For some paid workshops, we may elect to donate a portion of the Fees to a charity of our choice. We will set out on the Site where this is applicable.
3.4. If you sign up for any courses or workshops through the Site, this constitutes an offer by you to purchase a particular course or workshop for the price notified at the time you sign up.
3.5. Each time that you sign up for a course or workshop this results in a separate binding agreement between you and us for the supply of courses or workshops in accordance with the Terms.
3.6. It is your responsibility to verify what you are signing up for, including details of the course or workshop you have selected and pricing, before you sign up to a course or workshop.
3.7. You warrant that you have considered the details of all courses and workshops that you sign up to, including the contents of the course or workshop, and have determined that it is appropriate for you.
3.8. Where you sign up to attend a physical workshop, you acknowledge that physical attendance at the workshop is required in order to obtain the benefit of the workshop. Resources in relation to a physical workshop are only made available at the premises the workshop is being held, and you acknowledge and agree that we are not obliged to provide you with the resources if you fail to attend the workshop.
3.9. When you order and pay on the Site and your payment has been validated, you will be sent a confirmation email. The confirmation email will contain details of your payment, a tax invoice and receipt of payment, further details about what to do next and a link to view your purchased courses.
3.10. After purchasing a course, you will be able to access the online courses for a period as set out on the Site. Generally, this will be from the date of purchase for either a month, 4 months or one year, depending on the payment option you have purchased. After that time, we reserve the right to remove the course from the Site and you will no longer have access to this content.
3.11. From time to time, we may update the content of an online course. Provided that your membership is still active and Fees have been paid, then you will be able to access the updated content through the Site. Some content of the online course will only be available once you have completed certain content.
3.12. In the event that a course or workshop is listed at an incorrect price or with other incorrect information due to a typographical or other error, we shall have the right to refuse or cancel any orders placed for the course or workshop listed incorrectly.
4.1. Subject to applicable law and any other clause provided herein, we do not provide refunds for change of mind or other circumstances
4.2. In relation to workshops, subject to applicable law, we do not provide refunds if you are unable to attend the workshop for any reason.
4.3. In relation to online courses, we take no responsibility for the service of your current internet provider. As such we will not provide a refund to you for the inability to access the courses, or based on the viewing quality of the courses due to the service of your current internet provider or for any reason, unable to attend.
4.4. If you have any concerns about the course or workshop that you have signed up for, please contact us on the details provided on the Site, and we will attempt to resolve the matter.
4.5. We may, from time to time and at our absolute discretion, refund a portion of your Fees to you in the event that we reduce the Fees shortly after you sign up for a course.
4.6 In the event that we choose not to provide the full scope of services for the contracted period, we will issue a partial refund of your fees that corresponds to the portion of the services that will remain unprovided
5- Fees and Payments
5.1. You must pay us the Fees in accordance with this clause. All amounts are stated in Australian dollars.
5.2. Unless otherwise stated our Fees are inclusive of GST.
5.3. Unless otherwise stated you must pay the Fees upfront at the time of signing up for a course or workshop using our third party payment processor.
5.4. If you encounter any financial hardship and are unable to pay the Fees at the time of signing up for a course or workshop, please contact us at the details set out on the Site, and we may be able to provide you with a payment plan.
5.5. You must not pay, or attempt to pay, any Fees by fraudulent or unlawful means.
5.6. Fees may change at any time.
5.7. As the course operates on a membership model (monthly or yearly subscriptions), the payment for the consecutive time period will automatically be charged on your credit card (you are to ensure that there are sufficient funds at all times) unless the customer actively terminates the membership service the day prior to renewal.
5.8. If the customer terminates the membership during the current cycle already paid for, they will not receive a refund for the days remaining in the cycle. Instead, the membership will continue until the end of the current cycle and the membership service will be no longer renewed after the end of the current cycle.
6- Forum and Social Media
6.1. The Site may have a forum or discussion platform (whether on the Site or on an alternative social media platform) on which registered users are able to communicate.
6.2. We ask you to limit your discussions to topics which are relevant to the Site and our online courses.
6.3. We reserve the right to remove any posts which we, in our sole discretion, deem to be inappropriate.
6.4. We are not responsible for the conduct of any user of our Site.
6.5. Your participation on the forum is subject to these Terms and any policies set out on the Site.
7.1. You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with, including but not limited to, our intellectual property rights in the courses or the Site. Without limiting the foregoing provisions, you must not and/or must not permit any other person to:
7.1.1. resell, assign, transfer, distribute or provide others with access to the courses or the Site;
7.1.2. "frame", "mirror" or serve any of the courses or the Site on any web server or other computer server over the Internet or any other network;
7.1.3. copy, alter, modify, create derivative works from, reproduce to a third party, reverse assemble, reverse engineer, reverse compile or enhance the courses or the Site;
7.1.4. alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the courses or the Site;
7.1.5. use the courses or the Site in any way which is in breach of any applicable local, state, federal and international laws and regulations (Laws) or which infringes any person’s rights, including intellectual property rights;
7.1.6. use the courses or the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
7.1.7. use the courses or the Site in any way that damages, interferes with or interrupts the supply of the courses or the Site;
7.1.8. introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses and e-mail bombs;
7.1.9. reveal your Account password to others or allow others to use your Account;
7.1.10. use the courses or the Site to make fraudulent offers of goods or services;
7.1.11. use the courses or the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
7.1.12. use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the courses or the Site;
7.1.13. send any unsolicited email messages through or to users of the Site in breach of the Spam Act 2003 (Cth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or "phishing");
7.1.14. use the courses or the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers;
7.1.15. attempt to derive the source code of the Site or any part of it or reverse engineer any of the systems or technologies used to create or operate the Site;
7.1.16. use the Site in a way that might cause damage or loss to us or affect our brand or reputation;
7.1.17. solicit or entice away directly or indirectly, any person or organisation that was our actual or prospective, client, employee, contractor, representative, agent, or developer; or
7.1.18. allow or assist anyone else to carry out the abovementioned activities.
You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of the Terms, or any other default or wrongful conduct in relation to the subject matter of the Terms, on your part.
8.1 Despite anything to the contrary, to the maximum extent permitted by law:
8.1.1. our maximum aggregate liability arising from or in connection with the Terms (including the courses and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the courses or workshops the subject of the relevant claim; and
8.1.2. we will not be liable to you for any direct, indirect, incidental, special or consequential loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
8.2. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
8.2.1. failure or delay in providing the courses or workshops;
8.2.2. problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or internet traffic congestion;
8.2.3. loss or damage, including personal injury or death, resulting from using the Site or the courses; or
8.2.4. breach of the Terms or any law,
where caused or contributed to by any:
8.2.5. event or circumstance beyond our reasonable control;
8.2.6. participating or downloading materials in connection with the Site or the courses; or
8.2.7. act or omission of you or your related parties,
8.2.8. and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the courses or workshops.
8.3. You acknowledge and agree that you use the Site and the materials obtained on the Site at your own risk. Despite our best efforts, we make no warranties that the information in the Site is free of infection by computer viruses or other contamination or guarantee that any given online course or tutorial will always be available (uninterrupted) or performed as scheduled.
8.4. To the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with your acts or omissions based on the material contained within the online courses and the workshops.
8.5. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
8.6. Current and former students of the course are prohibited to participate in any form of teaching of UCAT or interview techniques for competitors (i.e coaching organisations) in the Australia and New Zealand market.
9- Intellectual property
9.1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to any online courses, videos, guides or other materials (including in connection with the Terms and the online courses) will at all times vest, or remain vested, in us.
9.2. We give you a limited, revocable, non-transferable licence to use, for your personal and private (non-commercial) use, any materials or other content we provide to you as part of our online courses and workshops and save and except as provided in this clause, nothing in these Terms or your use of the Site has the effect of transferring, assigning, licensing or otherwise transmitting any of our intellectual property to you.
9.3. Unless otherwise agreed to by us, you must not, without our prior written consent:
9.3.1. Copy, translate or use, in whole or in part, any of our intellectual property;
9.3.2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
9.3.3. breach any intellectual property rights connected with the Site, the workshops or the courses, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
9.4. From time to time, we may provide you with hard copy materials as part of the course or a workshop. We may mark these hard copy materials with a unique identifier that will allow us to identify the original owner of the materials. In the event that we are made aware of materials being circulated in breach of these Terms, we will investigate the matter using the unique identifier on the materials.
9.5 This clause will survive termination of your Account.
10.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your Account if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.
10.2. Notwithstanding anything to the contrary, if we are made aware that you are in breach of any of our intellectual property rights, we may immediately suspend your access to the Site and notify you of such suspension. We may choose to reverse your suspension after discussing the matter with you, in our sole discretion. Any subsequent breaches of our intellectual property rights may result in the immediate termination of your Account.
10.3. We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.
10.4. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), your access may be revoked. You remain responsible for any uncollected amounts, and we will attempt to charge your payment method. You are responsible for updating your payment method information.
10.5. In addition, we may also seek any other remedies available at law.
11.2. We may disclose that information to third party service providers who help us deliver our courses and workshops (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our courses or workshops to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
12.1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
12.2. Consent: You acknowledge and agree that we may photograph your attendance at our workshops or online courses, and consent to us using your image in promotional and marketing materials to promote us, our courses, workshops and/or the Site.
12.3. No commercial use: Our Site, the courses and the workshops are for your personal, non-commercial use only. You must not use our Site, or any of the content in our courses and/or workshops, for commercial purposes.
12.4. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account/submitting your order (and you must update the details if they change). Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of email.
12.5. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
12.6. Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
12.7. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
12.8. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
12.9. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site and the varied terms will be effective immediately upon publication on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
12.10. Governing law: Subject to applicable laws, these Terms are governed by the laws of Victoria, Australia. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property and privacy laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
12.11. Entire agreement: The Terms form the entire agreement and understanding between the parties relating to the subject matter herein and supersede all prior discussions between the parties.
12.12. Minors: Where you are under the age of 18 (a legal minor), your parent or legal guardian shall be bound by these Terms on behalf of you and shall accept and agree to these Terms on behalf of you.
13- Your Obligations
You agree, acknowledge and understand that:
1. by not following any of the guidelines provided by the courses, you will have a poor experience of the course and are less likely to achieve success using the techniques set out in the course or on the Site;
2. the program structure and restrictions are created based on extensive evaluation of user experience and outcomes and that by deviating from or non-compliant with them, any failure to use the techniques is completely due to your own sole decision which we will not be liable;
3. in light of subclauses (1) and (2) above, you will not publicly or otherwise criticise our techniques and approaches and/or disparage our reputation and brand name and further agree and acknowledge that your experience will not be an accurate representation or measurement of our techniques and methodologies;
4. in the event that you publicly or otherwise criticise and/or disparage us, this will be a breach of these Terms which will be dealt with in accordance with these Terms or we may commence legal action as we deem fit; and
5. you must not engage in a conduct that is inappropriate, misleading, false, deceptive, insulting, derogatory or defamatory.
We are not responsible for any loss, damage, expense, cost, stress or any other direct or indirect consequences as a result of the ineffective use of our techniques and methodologies by you. In the event that you decide to continue the course against our strong recommendations, we will not be held liable in any way and you will not seek any claim or compensation (including refund of fees) or commence any legal actions against us.
For any questions and notices, please contact us at:
ICANMED PTY LTD (ACN 627 780 965)