Terms and Conditions of Purchase

1.1 KnowMedical aims to provide online medical licencing courses and support as appropriate to doctors.

1.2 By visiting our site and /or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (T&Cs). These T&Cs apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

2 Our SERVICE to you

2.1 KnowMedical’s Services include (as required):

(a) providing courses for doctors who want to relocate to Australia;

(b) providing courses for doctors who are already in Australia and want to better understand the medical licencing and migration processes and timeframes which apply to them;

(c) providing courses for practices; and

(d) Medical Licencing or consulting help as agreed from time to time and as outlined in the courses (Additional Services).

2.2 KnowMedical will provide the Services as an independent contractor in a competent and professional manner; and using due skill, care and diligence.

2.3 KnowMedical does not provide legal advice. For Immigration or legal advice, we refer clients to or consult with a trusted advisor.

2.4 KnowMedical does not provide financial or taxation advice. For financial or taxation advice, please consult your own trusted advisor or request a referral.

2.5 KnowMedical does not represent, act or purport to act on behalf of administrative authorities including but not limited to: the Australian Medical Council (AMC), Electronic Portfolio of International Credentials (EPIC), State or Commonwealth Health Authorities, State Area of Need Authorities, Medical Colleges, Australian Health Practitioner Regulation Agency, Medicare or the Department of Home Affairs.

2.6 You agree to provide all information reasonably requested by us to perform the Services; to respond to reasonable information requests in a timely manner; and to provide accurate and complete information in reasonable detail.

3. Fee for Services and expenses

3.1 Prior to KnowMedical providing the Services, you agree to:

(a) pay the Fee; and

(b) any Preapproved Expenses (if applicable).

3.2 Payment of the Fee is made prior to access to Services.

3.3 No refund is payable under any circumstances, including but not limited to:

(a) courses whether or not accessed or completed; or

(b) unused support hours; however you are welcome to use the hours for Services.

4 GST

4.1 In this Clause “GST” has the same meaning as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Legislation).

4.2 The Fee is expressed as exclusive of GST therefore, if GST is payable:

(a) you will pay the GST amount to KnowMedical in addition to the Fee; and

(b) KnowMedical will remit the GST Amount to the Commissioner for Taxation in accordance with GST Legislation.

4.3 Where the amount of GST collected under this Agreement differs, for any reason, from the amount of GST paid or payable by KnowMedical to the Commissioner for Taxation, including but not limited to:

(a) an amendment to the GST Legislation;

(b) the issue of a ruling or advice by the Commissioner for Taxation;

(c) a refund of GST in respect of any supply made under this Agreement; or

(d) a decision of any tribunal or court;

then KnowMedical will issue an appropriate GST adjustment note and the difference will be paid by or to you as the case may be.

5. Termination

5.1 You agree not to share Confidential Information with any person or employer including but not limited to your username and/or password and any information specifically described as Confidential;

5.2 You acknowledge that to share Confidential Information will result in:

(a) permanent and immediate termination of access to the site and any support; and

(b) with no refund of monies paid.

6. Intellectual Property

6.1 KnowMedical shall own all Intellectual Property Rights in any methodologies, processes, know-how, inventions, precedents and designs created by KnowMedical including any modifications or improvements thereto.

6.2 KnowMedical will obtain authorisation from you prior to the use of any promotional content referring to You.

7. Confidentiality

7.1 The parties will ensure that Confidential Information is kept confidential and not disclosed to any person other than the parties, except:

(a) where required by law; or

(b) with the other party’s consent.

7.2 A party must at the reasonable request of the disclosing party, return or destroy all documents or materials containing Confidential Information.

7.3 The Confidential Information does not include information:

(c) generally available in the public domain (other than through breach of this Agreement);

(d) that a party can prove by contemporaneous written documentation was already known to it at the time of its receipt; or

(e) independently developed by a party without breach of confidentiality.

8. Limitation of liability

8.1 In this Clause:

“Claim” includes any claim, action, proceeding, demand, liability, obligation, costs, loss, damages and expenses.

‘Loss’ includes loss, damage, liability, charge, expense, outgoing or cost (including all legal and other professional costs on a full indemnity basis) of any nature or kind.

8.2 KnowMedical’s liability under this Agreement shall not exceed the Fees paid or payable.

8.3 Neither party is liable under this Agreement, for any Loss and any consequential, special, incidental or indirect damages or any loss of profits, revenue, data or goodwill regardless of the form of action or claim whether in contract, tort, negligence, under statute or otherwise.

8.4 Each party’s liability will be reduced proportionately to the extent that a Loss or Claim is caused or contributed to by its own acts or omissions in breach this Agreement; negligent act or omission; fraud, dishonesty; or wilful misconduct.

8.5 KnowMedical does not guarantee any:

(a) outcome or result including but not limited to: passing of assessments; registration, or acceptance by any administrative authority of documentation or qualifications; and

(b) timeframes.

Any quoted timeframes are best estimates only based on our experience. Timeframes are at the discretion of government and administrative authorities and are also impacted by the quality of your submissions and documents.

8.6 You acknowledge and agree that:

(a) your documents and assessments are your total responsibility; and

(b) although we will use our best endeavours to provide you with accurate details, we do not accept any liability for misrepresentations, errors, omissions or other incorrect information.

9. General provisions

9.1 Entire agreement – This Agreement constitutes the entire agreement between us and supersedes all prior negotiations and agreements.

9.2 No partnership or joint venture, employment or agency – The relationship of the parties under this Agreement is one of principal and contractor and the parties are not by virtue of this Agreement in partnership or joint venture with one another.

9.3 Delay not to constitute waiver – Any failure by a party at any time to enforce a Clause of this Agreement, or any forbearance, delay or indulgence granted by a party to the other, will not constitute a waiver of the party’s rights. No provision of this Agreement will be deemed to be waived unless that waiver is in writing and signed by the waiving party. A waiver by a party of a breach of any provision of this Agreement will not operate as a waiver of any subsequent breach of the same provision or as a waiver of any other provision.

9.4 Governing law – This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

9.5 Severability – If any part of this Agreement is determined to be invalid, unlawful or unenforceable for any reason then that part, to the extent of the invalidity, unlawfulness or unenforceability, will be severed from the rest of the Agreement and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.

9.6 Further assistance – The parties will do all things reasonably required to give effect to this Agreement.

9.7 No assignment or novation – The parties may not assign or novate their interest in this Agreement, except with the prior written consent of the other party.

9.8 Variation – No part of this Agreement may be amended or modified unless reduced to writing making specific reference to this Agreement.

10. Clauses to survive termination

10.1 The following Clauses will survive termination or expiration of this Agreement:

(a) Clause 7 – Confidentiality; and

(b) Clause 8 – Limitation of Liability.

11. Dispute resolution

11.1 For the purpose of this Clause, a dispute will have arisen when either you or KnowMedical gives notice in writing to that effect to the other.

11.2 The parties agree to endeavour to settle any dispute arising in connection with this Agreement in good faith by negotiation or mediation for a period of 14 days (or a longer period agreed between us).

12. Definitions and interpretation

12.1 In this Agreement, unless the subject or context otherwise requires, the following definitions apply:

‘KnowMedical’ is a registered business name owned by Smartwork Pty Ltd. ‘KnowMedical’ includes its employees, agents and sub-contractors (if any).

‘Additional Services’ means any additional services requested by You to be provided by KnowMedical.

‘Agreement’ means this document, the Schedules and Annexures (if any).

‘Confidential Information’ means the information of the discloser in whatever form that the discloser designates as confidential, that is by its nature confidential, or which the recipient knows or ought to know is confidential.

‘Services’ means the services provided by KnowMedical as required, and as defined in paragraph 2.

‘Fee’ means the amount or schedule of rates payable for the performance of the Service or Services.

‘GST Amount’ means the amount of GST payable in respect of any taxable supply under this Agreement, calculated at the rate of GST applicable at the time (10% as at the Commencement Date).

‘Intellectual Property Rights’ means all copyright, trademark, design, patents or other proprietary rights, or any rights to registration of such rights existing in Australia or elsewhere, or as protected by statute from time to time.

12.2 In this Agreement, unless the subject or the context otherwise requires:

(a) words importing the singular include the plural and vice versa;

(b) words importing one gender include other genders;

(c) a reference to any party or other person includes that person’s successor and permitted assigns;

(d) a reference to legislation includes subordinate legislation made under it and any legislation amending, consolidating or replacing it;

(e) a reference to a clause or schedule is a reference to a clause or schedule of this Agreement;

(f) a reference to writing includes all means of reproducing words in a tangible and permanently visible form;

(g) a reference to a person includes a natural person, corporation, partnership, trust, estate, joint venture, sole partnership, government or governmental subdivision or agency, association, cooperative and any other legal or commercial entity or undertaking;

(h) the headings in this Agreement are not to affect its interpretation.