Introduction 

The website http://www.ahana.com.au is owned by the Allied Health Assistants’ National Association Ltd (“AHANA Ltd”) ABN 83 658 609 173. It is operated by AHANA Ltd and its contractors, AHP Workforce Pty Ltd (events, news and web content) and HealthWork Solutions Pty Ltd (secretariat and membership services), which are together known as “AHANA” for the purpose of these Terms and Conditions. 

The AHANA website Disclaimer includes these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the AHANA website. The Disclaimer is subject to change and by accessing and/or using the AHANA website, you indicate you accept the Disclaimer in place at the point in time at which you are using the site. 

Website content and access 

AHANA takes reasonable care in its management of the AHANA website but does not warrant the accuracy, reliability, currency, adequacy or completeness of any of its content, or its fitness for any particular purpose.  

Website content, and features, functions and other benefits of the site are subject to change without notice.  

AHANA does not guarantee that access to AHANA website will be uninterrupted, or that the website will not cause damage or is free from viruses, errors, defects or anything else which may damage any computer that accesses the AHANA website, or any data on such a computer. 
 
AHANA reserves the right to moderate or remove any user-generated website content as it sees fit, including in Discussion Forums. 

Third Party Applications and Links 

The AHANA site interacts with applications owned by third parties (“Third Party Applications”). The website may require Third Party Applications, or the providers of such Third Party Applications (“Third Party Providers”), to be used for particular features or functionality. We do not make any representations or give any warranties regarding Third Party Applications. However, where your use of the website requires a sublicence from us to use a Third Party Application (e.g. the Asset Media Pty Ltd-owned association management and content management platform “membes” which supports the AHANA website) we confirm: 

  • we are entitled to grant you the sublicence; 
  • the grant of that sublicence does not infringe the intellectual property rights of any Third Party Provider; and 
  • we will take all reasonable steps to ensure our compliance with the terms and conditions associated with those Third Party Applications and/or Third Party Providers to ensure you have uninterrupted use of the website.  

The AHANA website may contain links to third party-owned websites and content. Any such links are provided as a convenience to you and not as an endorsement of those websites, their content, their owners or operators.  You access those external sites and use their information, products and services at your own risk. We are not responsible for the content or cyber-safety of any such third party-owned website. 

Governing Laws 

This Disclaimer is governed by the laws and courts of the state of Queensland, in Australia.  

Invalid Terms and Conditions 

In the event any part of the terms contained in this Disclaimer are determined by a court to be invalid, unlawful or unenforceable, then such terms shall be severed form the remaining terms. 

Anti-Spam Notice 

Publication of electronic addresses on the website is for the purpose of professional communication only. It does not amount to consent by AHANA, or by AHANA members whose details are listed on the Register of Allied Health Assistants, to the receipt of unsolicited electronic messages. 

Limitation of Liability 

Website content has been generated to support Allied Health Assistants, and the Allied Health Assistant profession, in Australia. If you access the website from outside Australia, you are responsible for ensuring compliance with all applicable laws in the place where you are located.  

AHANA makes no warranties or representations about the website or any of the website content.  

To the extent permitted by law, AHANA accepts no responsibility and disclaims all liability for loss arising directly or indirectly from your use of or reliance, or the use or reliance of any other person, on the website or its content. Where a law applies and cannot be excluded, these Terms will not limit your legal rights and remedies under that legislation and that legislation will apply to the extent of any conflict or inconsistency with Terms.  

Where the law, including but not limited to the Australian Consumer Law, implies a warranty or guarantee into these Terms and Conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, AHANA’s liability for breach of such a warranty or guarantee shall be limited, at its election, to: 

  • in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; or 
  • in the case of services, to either resupplying the services or payment of the cost of having the services supplied again. 

Under no circumstances will AHANA be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.  

Website submissions 

Any material you send to us on or via the AHANA website (for example, through our member forum) is considered non-confidential and non-proprietary unless it is explicitly stated to be otherwise, or the circumstances clearly indicate that the material should be treated as confidential or proprietary. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material for any purpose without compensation to you. 

Indemnification 

You agree to indemnify, defend and hold harmless, AHANA, its officers, contractors, agents and employees, from any loss, liability, claim, demand, or expenses asserted by any third party due to or arising from or in connection with your use of the content, or your conduct on the website, or messages posted or transmitted by you on or through the website. 

Sponsorship / Partnership 

AHANA may receive revenue through the provision of information, links, memberships and events facilitated through its website. Any profits generated by AHANA after payment of expenses are retained by and used for the benefit of AHANA and its members, and for the Australian Allied Health profession more generally. 

Intellectual Property 

All intellectual property rights related to the AHANA website are owned by and vested in AHANA unless otherwise stated or the context clearly indicates otherwise. This includes but is not limited to rights pertaining to copyright, trademarks, logos and designs in the HTML text and code underlying the website as well as content on the website. The exception to this is any intellectual property owned by Asset Media Pty Ltd in the context of the association management and content management platform, membes, which underlies the AHANA website. 
 
Other than:  

  • with the copyright owner’s consent; or  
  • for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or other applicable legislation  

no part of the copyright material associated with the website can be, in any form or by any means (including electronic, mechanical, micro-copying, photocopying or recording), reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other website. 

Copyright in other material 

AHANA makes no warranty or representation that third party material on the website does not infringe the intellectual property rights of any person anywhere in the world. AHANA does not, nor is it taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking the website to such material on other sites. 
 
The AHANA website may contain trademarks and logos of other companies or organisations. These are proprietary to the registered owner(s) of such marks. 

Prohibited Use 

AHANA’s prior written consent is required to undertake any of the following uses or activities, which are considered by these Terms to be prohibited: 

  • Accumulate, compile, disseminate, extract, process or reproduce in any form any web pages on the AHANA website; 
  • Use or reproduce any AHANA trademark, logo, design or otherwise copyright or protected content from the site; 
  • Use contact information (of any person or organisation) from the AHANA website to send unsolicited communications in any form; 
  • Change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the AHANA website, or do any other thing that hinders or prevents access to or use of the AHANA website by AHANA or other users; 
  • Use any type of device, process, routine or software which either systemically or non-systematically interferes or attempts to interfere with the functioning of the AHANA website, or any transaction or process conducted on or through the AHANA website; 
  • Incorporate into or store information from the AHANA website in any other website, database, publication, or other work in any form; 
  • Use the AHANA website, or content taken from it, for any unlawful purpose or activity; and 
  • Any other use contrary to this Disclaimer. 

Cookies 

The AHANA website uses “cookies” to enhance performance of the site for users, and to assist with site analytics. Cookies are small text files which store information on a user’s computer when the user visits the website. “Session” cookies disappear when the user closes their web browser, in comparison to “Persistent” cookies which remain on the user’s computer afterwards. You can change the settings in your web browser to disable the storage of persistent cookies (see your browser’s online support content for further information).  

Security 

SSL (Secure Sockets Layer) is used to protect transactions through our website. SSL is the industry standard encryption between a web server and browser, ensuring it remains private and secure. We cannot guarantee its absolute security. To view details of our security certificate, please click on the padlock in your browser footer. 

Accounts and Member-only Content 

You may be required to create an account in order to purchase products and services from the website, enrol in courses etc.  

Access to some areas of the website are restricted to members only. 

Password Requirement 

Existing AHANA members may obtain a password by logging into the website and registering for a password. In certain circumstances non-members may be able to obtain a password.  

AHANA may refuse to issue a password or establish an account, in its sole discretion, until such time as it is satisfied about the identity of the user and the ability of the user to perform its obligations under this Disclaimer.