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MIVISION.COM.AU – WEBSITE TERMS OF USE

Mivision.com.au is an independent clinical learning centre and provides a large selection of education modules for optometrists to continue their learning and professional development.

This website (Site) is operated by Toma Publishing Pty Ltd t/a mivision, ABN 31 117 431 642 (we, our or us).  It is available at: www.mivision.com.au and may be available through other addresses or channels.

How you consent to these terms of use

If you access and/or use our Site, you are taken to have agreed to these terms of use and our Privacy Policy (available on the Site) (Terms). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately.

When we make changes to these terms of use

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 We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Your licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Conduct we don’t accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes (without limitation):

(a)           anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b)           using our Site to defame, harass, threaten, menace or offend any person;

(c)            interfering with any user using our Site;

(d)           tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)           using our Site to send unsolicited email messages; or

(f)             facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business.

Our Site is for your personal use only

We’ve designed our Site for you to use it personally, and not on a commercial basis. You must not use our Site, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

Information

Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not take into account your specific needs, objectives or circumstances, and it is not health or optometry advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You must not:

(a)           copy or use, in whole or in part, any Content;

(b)           reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)            breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Third party sites

Our Site may contain links to websites operated by third parties.  Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  We recommend that you make your own investigations with respect to the suitability of those websites.

What happens if we discontinue our Site

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, 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.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

(a)           they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)           access will be uninterrupted, error-free or free from viruses; or

(c)            our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Terminating these terms

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.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. 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 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.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Which laws govern these terms of use

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

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site 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 Site.

For any questions and notices, please contact us at:

Toma Publishing Pty Ltd t/a mivision, ABN 31 117 431 642

Email: cpd@mivision.com.au

Last update: 24 June 2019

© LegalVision ILP Pty Ltd

The Australian Privacy Principles

Mivision.com.au (“mivision”, “we” or “us”) is bound by the Privacy Act 1988 (Cth) (as amended from time to time) (the “Privacy Act”), the Australian Privacy Principles (“APPs”) and the privacy provisions or other applicable legislation. You can find out more about the Privacy Act and the APPs by calling the Office of the Privacy Commissioner on 1300 363 992 or through their website.

Mivision.com.au respects and upholds your rights to privacy protection under the APPs in regulating how we collect, use, disclose and hold your personal information.

This policy describes the way that Mivision.com.au collects, holds, uses and discloses personal information about individuals. Any personal information collected by Mivision.com.au is covered by this policy.

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  • whether the information or opinion is true or not; and
  • whether the information or opinion is recorded in a material form or not.
Our purposes in collection your personal information

Collection and use of personal information

The organisation collects and uses personal information of registered Mivision.com.au members for the purposes of communication directly with the member and, where applicable to report continued education modules completed to the appropriate authority.

Information we collect about registered members includes:

  • The com.au member’s title and name
  • Profession
  • Country of practice
  • Contact address(es), phone number(s) and contact email address(es). Contact addresses include practice or work addresses, home address where supplied by the member, and postal address.
  • Date of birth
  • Whether the member is also a member of an eye care professional association and membership number if applicable
  • AHPRA Membership number if applicable
  • Information about a member’s Continuing Professional Development (CPD) including CPD activities and points acquired.

The specific uses to which Mivision.com.au puts members’ personal information includes to develop, coordinate and implement professional development programs, to provide members with mivision e-newsletters, to notify members of new CPD modules available and to maintain an online report of CPD achievements. The CPD report of achievements is accessible by the registered member and mivision administrators, and, may be provided to the member’s relevant professional eye health association if appropriate.

The organisation obtains a member’s personal information primarily from the member themselves, although the organisation may also obtain personal information about members from their respective professional bodies, publicly available sources and, in Australia, the publicly available Register of Practitioners held by the Australian Health Practitioner Regulation Agency (AHPRA).[1] The information obtained from the AHPRA is limited to the information made available by AHPRA to the public.

Disclosure of personal information

Mivision.com.au may disclose personal information about members to third parties for the purpose for which that information was collected and also for related purposes that could reasonably be expected by the member. For example,

  • to a secure mail house for the purpose of providing members with information and benefits available to them;
  • to conduct studies with respect to the profession and its needs for continued professional education.
International transfers

Mivision.com.au is based in Australia and in submitting your data to us you consent to the transfer of your data to this country. The transfer of your data will be limited to Australia as there is no requirement to transfer your data to any external third parties based outside this country. Should the need arise we will seek your approval and due consideration of confidentiality.

Data quality and security

Mivision.com.au will take reasonable steps to ensure that the personal information it collects from members is accurate, complete and up-to-date. We encourage members to regularly review their membership record and contact Mivision.com.au if they have any concerns or make adjustments directly to their membership records as permitted online.

The personal information of members is stored on servers that are protected in controlled facilities. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. Although the organisation strives to protect such information, Mivision.com.au does not warrant the security of any information transmitted to it over the internet and members do so at their own risk.

Access to and correction of personal information

Members may request access to, and ask Mivision.com.au to make corrections to, the personal information that the organisation holds about them.

The member may ask us to provide this information:

  • In writing (e.g. by email)
  • In person
  • By telephone (in this case, com.au’s staff will ask relevant questions to confirm the identity of the member)

Mivision.com.au will, on request, provide a member with access to the information we hold about that member, unless there is an exception which applies under relevant privacy laws. If Mivision.com.au refuses to provide access to the information, it will provide reasons for the refusal and inform the member of any exceptions relied upon.

If the personal information Mivision.com.au holds about a member is inaccurate, incomplete or out of date and the member asks the organisation to correct this information, Mivision.com.au will take reasonable steps to either correct this information or if necessary discuss alternative actions with the member.

Identifiers

Mivision.com.au will not adopt, use or disclose any identifier assigned to a member by a government agency, except where required by law.

Anonymity

It is an individual’s right to be dealt with anonymously, provided that it is lawful and practicable. Mivision.com.au will try to accommodate this wherever possible. However, it may not be possible for the organisation to fully comply with any request for service that the member may request, without access to that member’s personal information.

Transborder data flows

Mivision.com.au may disclose information to international organisations, such as a member’s relevant professional eye health association, if appropriate.

Requests, Complaints or Questions

If a member wishes to gain access to his or her personal information, have a complaint about a breach of his or her privacy or have any questions on how his or her personal information is collected or used, the member can forward his or her request, complaint or question to the address below:

Toma Publishing

1627 Botany Road

Banksmeadow NSW 2017.

Email: cpd@mivision.com.au

Telephone: (AUS) 02 8336 8616

Mivision staff, including the Managing Director, will assess each request, complaint or question in relation to the Privacy Principles, and respond to a member’s request, complaint or question within 14 days.

Changes to the Privacy Policy

This privacy policy is accurate as at June 2019, and Mivision.com.au may alter or modify it without notice. Should the privacy policy be altered or modified, the new policy will be posted on the organisation’s website.

Disclaimer
Terms of use and disclaimer
Terms of use

The www.mivision.com.au website is owned by Toma Publishing ACN 117 431 642 (“we”, “us”, “our”).

These Terms of Use govern access to and use of the Mivision.com.au website by you (“you”, “your”). Your access to and use of the Mivision.com.au website constitutes acknowledgement and acceptance of these Terms of Use and our Privacy Policy. The laws of New South Wales, Australia govern these Terms of Use.

Linked websites

The Mivision.com.au website contains links to third party websites.  We do not make any representations regarding the contents of third party websites.  It is your responsibility to make your own decisions about the accuracy, currency, reliability and correctness of information contained in the linked third party websites.  Views or recommendations provided in the third party website do not necessarily reflect our views or recommendations.

Responsibility for the hyperlinks to advertisers’ own websites rests solely with the article authors and / or sponsor.  The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Disclaimer

The information on the Mivision.com.au website may not be accurate or up-to-date in all instances. We do not warrant the quality, accuracy or completeness of any information on the Mivision.com.au website.

We expressly disclaim any liability to the fullest extent permitted by law:

  • the contents of the com.au website;
  • the contents or privacy practises associated with any third party websites to which the com.au website links; and
  • any interference with or damage to your computer system, software or data occurring in connection with this website.
  • You are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from the com.au website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.
Seek optometrists’ advice

No information provided on the Mivision.com.au website is intended to constitute advice for the general public from an eye health professional. Many factors unknown to us may affect the applicability of any information on the Mivision.com.au website.  You should seek appropriate advice from a qualified eye health professional about any eye health and vision conditions.

Security of information

Whilst we will strive to protect data transmissions, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Upon receipt, we will take reasonable steps to preserve the security of such information.  Please refer to our Privacy Policy to the security of your personal information.

You agree not to share your password, let anyone else access your account, or anything that may put the security of your account at risk.  We reserve the right to remove your username in respect of your account if appropriate.

Intellectual Property

All intellectual property rights (including but not limited to rights relating to copyright, trade mark, logo, design and patent) relating to:

  • the com.au website;
  • HTML, text and code underlying the com.au website; and
  • information on the com.au website,
  • are vested in us except where those rights are vested in another person, body, corporation or other legal entity.

No permission is given in respect of use of any of the above, and such use may constitute infringement of the holder’s rights.

Trademarks

Our logo is a trade mark held by us.  No permission is given for the reproduction or publication by any person except if it is allowed pursuant to members’ entitlement under the conditions granted or as a result of approved linking.

All product names mentioned on the Mivision.com.au website are the trade marks of their respective owners.

Prohibited uses

You must not do any of the following without the prior written consent from us:

accumulate, compile, disseminate, extract, process or reproduce in any form any webpages on the Mivision.com.au website or information on the Mivision.com.au website;

use or reproduce any Mivision.com.au trademark, logo or design on the Mivision.com.au website;

  • use contact information specified on the com.au website about a person, body, corporation or other legal entity to send unsolicited communications in any form to that person, body, corporation or other legal entity;
  • use the com.au website in any manner that hinders or prevents access to or use of the Mivision.com.au website by us or other users;
  • use any type of device, process, routine or software which either systematically or non-systematically interferes or attempt to interferes with the functioning of the com.au website or any transaction or process conducted on or through the Mivision.com.au website;
  • incorporate into or store any information from the com.au website in any other website, database, publication or other work in any form;
  • create a link to the com.au website from another website;
  • use the com.au website other than as specifically permitted by these Terms of Use;
  • use the com.au website for any unlawful purpose or activity; or
  • on-sell information obtained from the com.au website.
Errors

The content found on the Mivision.com.au website may contain inaccuracies and typographical errors and we do not warrant the accuracy, reliability and completeness of any such information.

Amendments to the Mivision.com.au website

We reserve the right to revise or remove information from the Mivision.com.au website at any time.

Access to the Mivision.com.au website may be terminated at any time by us without notice. This disclaimer will nevertheless survive any such termination.

Cookies

The Mivision.com.au website may contain “cookies”, which are text files that contain information and which are stored on your computer when you visit the Mivision.com.au website.

The Mivision.com.au website uses cookies for a variety of purposes, including but not limited to:

  • counting the number of visitors and analysing traffic; and
  • accessing and logging into functions for subscriptions.
  • These may be either “persistent” cookies, which are permanent and stored on your computer after you have closed your web browser, or “session” cookies, which disappear when you close your web browser.

You may change the settings in your web browser to disable the storage of cookies and to remove undesired cookies.

MIVISION.COM.AU – PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website (Site). In this Privacy Policy we, us or our means Toma Publishing Pty Ltd, ABN 31 117 431 642.

Personal information

The types of personal information we may collect about you include:

  • your name;
  • your occupation;
  • your employer;
  • your personal contact details, including email address, mailing address, street address and/or telephone number;
  • your employment contact details, including email address, mailing address, street address and/or telephone number;
  • your date of birth;
  • your Australian Health Practitioner Regulation Agency (AHPRA) membership number;
  • your membership to any eye care professional association and membership number, if applicable;
  • your credit card or payment details (through our third party payment processor), if applicable;
  • your preferences and/or opinions;
  • information you provide to us through customer surveys;
  • details of services that you have enquired about, and our response to you;
  • details about continuing professional development (CPD) activities completed and points you have acquired;
  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
  • information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider; and
  • any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Site, associated applications and associated social media platforms;
  • to contact and communicate with you;
  • to provide your CPD record to AHPRA or your nominated eye care professional association;
  • for internal record keeping, administrative purposes, invoicing and billing purposes;
  • for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
  • to run competitions and/or to offer additional benefits to you;
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you; and
  • to comply with our legal obligations and resolve any disputes that we may have.
Disclosure of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to assist us in providing our services to you, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
  • our employees, contractors and/or related entities;
  • AHPRA or your nominated eye care professional association;
  • Optometry Australia;
  • our existing or potential agents or business partners;
  • sponsors or promoters of any competition we run;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data outside of Australia; and
  • third parties to collect and process data, such as Google Analytics. This may include parties located, or that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy law. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

The type of sensitive information we may collect about you includes information relating to professional associations that you are a member of, including AHPRA.

Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected, including reporting your CPD points to AHPRA or your nominated eye health professional association.

Sensitive information may also be used or disclosed if required or authorised by law.

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.  An administrative fee may be payable for the provision of such information.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:

Toma Publishing Pty Ltd t/a mivision, ABN 31 117 431 642

Email: cpd@mivision.com.au

Last update: 24 June 2019

© LegalVision ILP Pty Ltd