Your CPD Solution terms & conditions

Definitions

Term	Definition
“We”,” Us”, “Our”	YourLife RDNS (SA)
“You”, “Your”, “Yourself”	subscriber or customer, person purchasing Access and/or Service
“Service”	information, tools, and content for use in the portfolio as made available by YourLife RDNS (SA)
“Access”	access to and rights to use a Portfolio and Service in accordance with these Terms of Use and any similar terms or conditions as provided by Pebble Learning Co (UK)
“Portfolio”	a Pebble Pad personal digital portfolio as provided by Pebble Learning Co (UK)
“Service Provider”	YourLife RDNS (SA)
“Software Provider”	Pebble Learning Co (UK)
“Termination”	discontinuation of Access or Service such that You are unable to view, access, or otherwise manipulate Content in Your Portfolio
“Content”	the collection of items in a Portfolio regardless of the source of any or all of those items
“Personal Information”	information about You as provided by You for the purposes of assigning a Licence, Access and supply of Service
“Solution”	combination of Portfolio, Access, and Service as offered by Us for use by You
“CPD”	Continuing Professional Development as described in various standards, guidelines, and legislation with regards to registered health practitioners or other professions in Australia
“Fee”	costs payable by You for the Solution
“Subscription”	a period of 12 months during which You have Access to and use of the Solution
“Licence”	term used by the Software Provider to describe rights to access a single individual Portfolio
“Account”	term used by Us to describe Your Subscription
“Terms”	this document as relates to Our Solution and Your Subscription

1. Offer and Providers

1. We offer to You a range of information, tools, documents, forms, and other resources in digital format for the purposes of supporting You to meet Your obligations under Australian legislation as a health practitioner, made available to You in conjunction with and through a Personal Learning Space Digital Portfolio software product: We refer to this as Our Solution.
   
   
2. We are not the developer, owner, or provider of the Portfolio software: this is provided by the Software Provider.
   

2. Inclusion of and reference to Software Provider terms

1. You are required to read and accept the terms and/or conditions as provided from time to time by the Software Provider.
   
   
2. Our Solution is not available to You without your express acceptance of the Software Provider’s terms and/or conditions and your acceptance of Our Terms as outlined in this document is deemed acceptance also of the terms and/or conditions of the Software Provider.
   
   
3. Our Terms and the terms and/or conditions of the Software Provider are subject to change at any time without notice. The current version of Our Terms and the terms and/or conditions of the Software Provider can be accessed from Our website and the website of the Software Provider.
   

3. Purpose of services and permitted use

1. Our Solution is offered to You for the purpose of assisting You to meet your obligations with regards to CPD under legislation as a health practitioner in Australia.
   
   
2. You are permitted to use the Solution for whatever purposes you choose however We accept no responsibility or liability, and make no warranty that our Service will be suitable for such other use as You choose.
   
   
3. You are strongly encouraged to not share Your Access with any other person and We accept no liability should Your Portfolio or any of its Content be accessed, lost, damaged, misused, altered, shared, published, deleted, or abused in any way by any person, including You.

4. Privacy and confidentiality

1. We may collect and store the following personal information about you:
   
   
   1. email address, physical address, telephone number and other contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account details;
      
      
   2. community discussions within forums, chats, dispute resolution, correspondence with Us, and feedback;
      
      
   3. computer sign-on data, statistics on page views, information and statistics on traffic to and from the site (including the URL You just came from and the URL You go to next, whether they are URLs on Our website or not), advertising data, IP address, browser information and standard web log information.
      
2. Our primary purpose in collecting personal information is to provide You with a safe, smooth, efficient, and customised environment and service. We may use Your personal information to:
   
   
1. provide the services and support You need or request for Your professional development;
   
   
2. resolve disputes, collect fees, and troubleshoot problems;
   
   
3. prevent potentially prohibited or illegal activities, and enforce Our Terms or agreements.
   
   
4. customise, measure, and improve Our services including website content and layout;
   
   
5. tell You about our existing services, changes to our existing services, new services, events, opportunities and seasonal activities based on Your preferences; and
   compare information for accuracy and verify it with third parties.
   
3. We will treat all personal information about You with confidentiality in accordance with all relevant Australian legislation and the Code of Fair Information Practice.
   
   
4. We will at all times strive to maintain the anonymity of Your personal information.
   
   
5. We do not have access to or visibility of Your personal information as a subscriber except that information You provided to Us in establishing Your Subscription or that You update from time to time.
   
   
6. We will not use Your Personal Information for any purpose other than supplying to You Access and Service relating to Your Subscription, including improvements, except where required by law.
   
   
7. We may collect information from You from time to time through customer satisfaction surveys or other activities and You may decline to participate in any of these activities.
   
   
8. We do not give your data to anyone outside of Us. We don't sell or rent Your personal information to anyone outside of Your agreements with Us. We may combine Your personal information with information on other users and information We collect from other companies (such as demographic data). This information will be de-personalised before being combined with that of other subscribers for disclosure to advertisers, analysts and other third parties.
   
   
9. Your Personal Information will be stored in a secure database maintained and controlled by Us with access restrictions limited to selected employees of Us and governed by strict usage and privacy protection guidelines.
   
   
10. You can deal with Us without telling Us who you are or revealing any personal information about Yourself. However, once You give us Your personal information, You are no longer anonymous to Us.
    
    
11. If You choose to provide us with personal information, You expressly consent to Us transferring that information to, and storing it on, servers currently located in Adelaide and Sydney Australia. As part of this process We may transfer Your personal information between Our main office and the server location which is remote and that We will transfer and store Your information in a safe, confidential and secure environment.
    
    
12. On termination of Your Subscription Your Personal Information will be retained for a period of 12 months in the event that You may renew Your Subscription with Us, after which time it will be deleted from all electronic and hard copy storage.
    
    
13. Certain information about You including invoices We sent to You and payments You made to Us will be retained for a period of 7 years to comply with financial and corporate reporting obligations.
    
    
14. Your Personal Information will be retained by Us for as long as You hold an active Subscription with Us. Except as otherwise expressly included in these Terms, this document addresses only the use and disclosure of information We collect from you. If You disclose Your information to third parties, different rules may apply to their use or disclosure of Your information. We are not responsible for the privacy practices or content of linked websites. We encourage You to read the privacy statements of other websites, since their privacy policy may differ from Ours and before you disclose Your personal information to them.
    

5. Security of Portfolio and Content

1. We use standard industry practices, including encryption, passwords and physical security, to protect Your personal information against unauthorised access and disclosure. However third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse Your personal information. Therefore, although We work very hard to protect Your privacy, We do not promise, and You should not expect that Your personal information or private communications will always remain private.
   
   
2. Your Portfolio and Content is visible to and accessible to only You: We cannot view nor access Your Content.
   
   
3. We can see what types and the amount of Content You are creating and manipulating in Your Portfolio, including when You access and manipulate that Content, but we cannot see the detail of any of that Content.
   
   
4. Your Portfolio and its Content are stored electronically on secure computer servers located, maintained and controlled in Australia. These arrangements are established and managed by the Software Provider and We have no influence in these arrangements: as such You are referred to the Software Provider’s terms and/or conditions with respect to technical security of Your Portfolio and Content.
   

6. Accuracy and warranties

1. Our Solution is offered “as is” and no warranty or guarantee is made or accepted by Us as to the accuracy or suitability of the Service.

7. Electronic communications

1. You are responsible for making Yourself aware of and taking actions to manage all risks relating to the use of electronic communications including email, blogs, or any other form of communications using the internet or mobile technology with regard to security of Your personal information including Your identity.
   
   
2. We will communicate with You using electronic means and accept no responsibility or liability should We be unable to contact You using the electronic contact details You provide to us.
   
   
3. You are responsible for keeping Your contact details current and advising Us of any changes to those details. We accept no responsibility or liability should We be unable to contact You using the details We have on record for You.
   
   
4. We do not warrant that any electronic communications used by You or Us are free from risk, malicious software, spam or other unsolicited marketing, or are entirely safe from unauthorised access, capture, representation, or use.
   

8. Disclosure

1. We will not disclose or provide access to Your personal information to any person or other entity except as required by law.
   
   
2. We do not have access to or visibility of Your Content and as such cannot disclose it.
   
   
3. We may disclose information about You that has been de-personalised to third parties for the purposes of research, analysis, comparison, or promotion.
   

9. Liability and indemnity

1. We accept no responsibility or liability for loss, damage, disadvantage, penalty, sanction, or negative outcome or event You may experience through Your Subscription or any other use of Your Portfolio by You or any other party.
   
   
2. You indemnify Us fully and without condition against any and all losses or damages, including any claims arising from or associated with Your Subscription or any use of Your Portfolio by You or any other party.

10. Rights and responsibilities

1. You have the right to:
   
   
   1. Access and change Your Personal Information as held by Us at any time.
      
      
   2. Use Your Solution without fear of unauthorised access by Us or the Software Provider.
      
      
   3. Control the Content of Your Portfolio and use it for Your own purposes having regard for relevant legislation and professional and social expectations with regards to electronic communications as they relate to You.
      
      
   4. Choose or decline to participate in any marketing or customer satisfaction activities with regard to Your Subscription carried out by Us or any organisation We might contract or otherwise engage.
      
      
   5. Terminate Your Subscription at any time without providing reason.
      
      
   6. Transfer Your Subscription to a direct account with the Software Provider at any time. You are responsible for informing Yourself of all processes, terms, conditions, fees, data transfer requirements, or any other obligations associated with this option. Should You choose to transfer Your Subscription You will no longer have access to or rights to use any of the customised materials, information, tools, forms, or documents otherwise made available through Our Solution, excluding those already present in Your Portfolio as Content.
      
2. You are responsible for:
   
   
1. Assessing the suitability of Our Solution for Your individual needs and purchasing a Subscription with Us having fully informed Yourself of all terms and conditions.
   
   
2. Choosing and keeping secure all login details with regards to Your Subscription.
   
   
3. Adding, deleting, sharing, and otherwise manipulating all Content in Your Portfolio, including all Content We may offer to You, and all consequences of those actions.
   
   
4. Learning and using all skills necessary to effectively use Your Portfolio
   
   
5. Providing the hardware, software and internet connectivity or access required to make use of Our Solution.
   
   
6. Complying with all policies regarding fair use should You make use of computer hardware, software, and/or internet connectivity or access made available to You by any other person or entity.
   
   
7. Installing and maintaining computer virus protection software on any device You use to Access Our Solution.
   
   
8. Advising Us of any issues or challenges You experience with Your Portfolio in a timely and appropriate manner and participating reasonably in effective resolution of any such issues.
   
   
9. Paying all fees and charges with regard to Your Subscription as and when required by Us and accepting all responsibility should You fail to renew or pay such fees and charges.
   
   
10. Extracting and storing all Content from Your Portfolio should You choose to terminate, transfer or otherwise fail to renew Your Subscription.
    
    
11. Not presenting Our Solution or any part of Our Solution as Your own, nor allowing others to be under the impression that Our Solution or any part of it is in any way Yours other than as a Subscriber and user. You are expressly prohibited from licensing, sub-licensing, attempting to deconstruct or otherwise utilise the software for any purpose other than that described in these Terms and Your Subscription.
    

11. Term and renewal of subscription

1. Subscription to the Solution is on an annual (12-monthly) basis and is granted only after full payment of the Subscription Fee is made by You to Us and You have provided to Us sufficient personal information that We can establish an Account for You.
   
   
2. Subscriptions are due each year on or before 1 May.
   
   
3. Your Subscription Fee is payable in full regardless of how much You use Your Portfolio or any of its associated functions, tools, or services.
   

12. Fees, Refunds and Terminations

1. Subscription Fees are subject to change at any time without notice and are published on Our website.
   
   
2. Subscription Fees are payable in full in advance of Access and/or Service.
   
   
3. If Subscription Fees are increased whilst You have an active Subscription You will not be required to pay the increased amount until Your active Subscription is due for renewal.
   
   
4. You will not be granted a refund of any part or all of the Subscription Fee under any circumstances.
   
   
5. You may terminate Your Subscription at any time by providing written notice to Us, including the specific date of termination.
   
   
6. Email notice will only be accepted and acted upon if it is received from the email address You provided to Us in establishing Your Subscription.
   
   
7. We will only act on termination notices that are complete and are received in writing.
   
   
8. You are responsible for all taxation issues associated with payment of Your Subscription Fees.
   

13. Access and link to fee status

1. Access and the Service will only be enabled for You where your Subscription is fully paid up.
   
   
2. Any overdue Subscription Fees will result in suspension of Your Access until such time as the overdue amount is paid in full. We may apply overdue fee charges to You.
   
   
3. Any Subscription Fees that remain unpaid for more than 90 days will result in the deletion of Your Portfolio and all Contents from its storage location including any backups or other copies established or maintained by Us and/or a third party, with no opportunity for any data recovery.