Terms and Conditions
The Royal Melbourne Hospital’s Learning Platform is a Learning Management System (LMS) which hosts a range of free and fee-based courses. The LMS is established and maintained by The Royal Melbourne Hospital (ABN 73 802 706 972) (the RMH).
About these Terms of Use
These Terms of Use are a contract between you and the RMH governing your access to, and use of, the LMS and any content or material made available through the LMS.
The RMH may from time to time change these Terms of Use without prior notice to you and without obtaining your consent. You are responsible for informing yourself of any changes to these Terms of Use and should read them carefully before you access or use the LMS.
By visiting, registering for, or using the LMS, you agree to be bound by and abide by these Terms of Use (as amended from time to time).
You are provided with access to the RMH Learning Hub for the purpose of completing Royal Melbourne Hospital (RMH) authorised training. By accessing or using the RMH Learning Hub, you are deemed to accept these Terms of Use.
RMH expressly prohibits use or access of RMH Learning Hub for any other purpose. RMH may suspend your access or take further action if it considers you are not accessing the RMH Learning Hub in accordance with these terms.
While the information and modules via the RMH Learning Hub is subject to RMH quality assurances processes, it is also subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparation. No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and / or availability of the information provided via the RMH Learning Hub. If you have any question regarding the information, please contact Learning@mh.org.au.
RMH Learning Hub may contain links or other references to third parties and external websites which are not under the control of RMH and that have not been independently verified by RMH. The inclusion of any link does not imply endorsement of that website, content, service or person by the RMH. The RMH is also not responsible for the reliability of links, or for any loss or inconvenience arising from their use.
All intellectual property rights in content on the RMH Learning Hub, including (without limitation) text, graphics, information, architecture and coding (including any copyright subsisting in them), is owned by or licensed to the RMH. You may access and download the material on the RMH Learning Hub where available, but may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any information from the RMH Learning Hub in whole or in part without the prior written permission of the owner of the material. RMH Learning Hub may contain trade marks owned by the RMH and third parties which you may not display or use in any manner without the prior written permission.
In no event will the Royal Melbourne Hospital its officers, employees, agents and advisers be liable for any loss or damage (including without limitation, indirect loss or damage whatsoever arising) out of, or in connection with, the access to or use of the RMH Learning Hub or information incorporated into it by reference. Every effort is made to keep this website up and running smoothly, but the RMH takes no responsibility for, and will not be liable for, RMH Learning Hub being temporarily unavailable due to technical issues beyond its control.
RMH staff completing learning should always refer to the latest version of RMH policies and procedures available through iPolicy: http://mhipolicyapp/iPolicy/search/home/mh?nav=sidebar
RMH Online Learning Program Terms of Use
1. Use of the LMS
1.1 You must:
1.1.1 comply with these Terms of Use at all times while using the LMS;
1.1.2 not use, or knowingly permit another person to use, the LMS if you (or they) are not eligible and / or registered to do so and if you permit someone else to sign into your account, you are responsible for everything that person does while accessing or using the LMS with your details;
1.1.3 where applicable:
a) ensure that your contact and other details submitted to the RMH or stored on the LMS are current and accurate; and
b) monitor any electronic system or address designated by you for the purpose of receiving communications (the RMH will not be liable for any delay or failure by you to do so);
1.1.4 ensure that all information you submit to the RMH, upload to the LMS or provide to another user of the LMS is true and correct and does not infringe the rights (including intellectual property rights) of any other person and each time you submit or provide information to the RMH or another user of the LMS you represent and warrant to the recipient of that information that you have complied with this clause and are not infringing the rights (including intellectual property rights) of any other person;
1.1.5 not use the LMS for any unlawful purpose;
1.1.6 not introduce any Harmful Code into the LMS or use it in a manner that could damage, disable or impair the RMH’s services or systems;
1.1.7 not use any robot, scraper or other means to access the LMS for any purpose;
1.1.8 comply with all of the RMH’s relevant policies or procedures regarding use of the LMS;
1.1.9 maintain and safeguard the privacy and security of all personal or confidential information to which you obtain access in relation to the LMS;
1.1.10 not access information or perform services relating to any other person (unless expressly permitted by the RMH or by that other person to do so); or
1.1.11 not send or post information about any other person without obtaining the prior consent of the person to whom the information relates;
1.1.12 not send or post any unsolicited messages or any offensive, inflammatory, defamatory, threatening, abusive, hateful, racist, obscene, fraudulent, deceptive or otherwise unlawful information; and
1.1.13 not record a video presentation without the written consent of everyone involved in the consultation.
1.2 You are responsible for, and bear all the costs of, installing and maintaining your own systems and equipment necessary to access and use the LMS.
1.3 If you do not comply with these Terms of Use, RMH may lock, suspend or terminate your LMS account without notice to you.
1.4 You are liable for and must compensate the RMH, and its related parties on demand for all losses, costs, expenses (including legal costs on a full indemnity basis), claims or damage suffered or incurred (or agrees to pay by way of settlement or compromise) in connection with or arising out of:
1.4.1 a breach of these Terms of Use (including a representation or warranty);
1.4.2 fraudulent or dishonest conduct of you or any person you have permitted to use this LMS on your behalf;
1.4.3 your failure to obtain, maintain, and comply with required consents and applicable laws;
1.4.4 claims, actions or proceedings by a third party and any investigations by a government body arising out of your access or use of the LMA; and
1.4.5 a failure to comply with any obligations of confidence or privacy under these Terms of Use,
arising out of any acts or omissions of you, any of your related parties or of any person you have permitted to access or use the LMS on your behalf whether intentional or not.
1.5 You agree to report any misuse of this LMS about which you become to the RMH.
1.6 The RMH may, in its absolute discretion, make changes to any part of the LMS or any content on it (subject to express right set out in these terms) without your consent or providing notice to you.
1.7 The RMH may, in its absolute discretion, delete without notice any account that has not been used to access the LMS for a period of two years.
2. Electronic communications
2.1 The RMH may send you electronic communications which relate to your use of the LMS or other information that may be of interest to you as a visitor of the LMS, including health-related information and information relating to the RMH’s other products and services. As a condition of your registration for use of this LMS, you consent to receive commercial electronic messages from the RMH using your email address or the messaging system within the LMS.
2.2 The RMH reserves the right to communicate with you, or require you to communicate with the RMH, in a non-electronic form in order for the RMH to meet its legal obligations, or where the RMH considers electronic communication to be impracticable, inadequate or inappropriate.
2.3 RMH Learning Hub may send you automated email messages, or if you have the mobile application installed, notifications of:
2.4 RMH Learning may provide course updates via SMS text messages using the mobile phone number you have provided as part of your employment or LMS account creations. These will be manual messages, initiated by the trainer to complete mandatory training. Note: RMH Learning Hub will only contact you via SMS for this purpose.
3. Security
3.1 Security of this LMS generally:
3.1.1 While the RMH uses its best endeavours to implement security controls and prevent unauthorised access to, or use of, the LMS, you acknowledge that the internet is an insecure public network where there is a risk that your use of, and interactions with, this LMS may be viewed, intercepted or modified by third parties and that the LMS and any information on the LMS may contain Harmful Code.
3.1.2 To the extent permitted by law, the RMH does not guarantee that there will not be, or accept any liability for, any Harmful Code on the LMS or a breach of security by a third party or any interference with or damage to your computer system, software or data occurring in connection with or relating to this LMS and you agree to hold the RMH harmless should this occur.
3.1.3 The RMH may use cookies in relation to accessing and using this LMS and, by using and accessing the LMS, you agree to such use.
3.2 Basic online security – your obligations:
3.2.1 While you are responsible for your own online security and for informing yourself about what appropriate security measures involve, the RMH recommends that you:
a) ensure that you are using the most recent version of your operating system and software (including web browser) with the latest patches and updates applied;
b) when using secure areas of the LMS, check that you are using a secure site by making sure the site address starts with “https” and looking for the padlock icon in the lower right of your browser window;
c) ensure that you have anti-virus software installed and working on your computer, that its definitions are up to date and that it is configured to scan inbound and outbound emails and files;
d) ensure your browser is configured to minimise the likelihood of your computer or privacy being affected by Harmful Code;
e) if you are using a public or shared computer, ensure that you log out properly and close the browser window when you have finished;
f) be suspicious of strange emails, attachments or hyperlinks; and
g) if you suspect your computer has been affected by Harmful Code, contact your IT service provider or anti-virus vendor.
4. Intellectual Property
4.1 Ownership of data and other Intellectual Property
4.1.1 The Intellectual Property in the LMS and any content made available on it (including without limitation the software on which it is based, any documentation regarding its use, text, graphics, video, audio, information, data and the design and layout of the LMS) is owned by the RMH or licensed to it, and is protected by Australian and international laws.
4.1.2 You acknowledge and agree that the RMH owns all other data and information uploaded onto, or created by or using, the LMS. Without limiting clause 4.1.1, the RMH retains all rights in relation to any online documents and forms completed by you and other information submitted by you and you assign any rights you may have in those materials to the RMH.
4.1.3 You agree that the RMH can use, adapt and exploit (including for commercial purposes) any ideas, concepts, techniques, words or images contained in any of those materialsfor any purpose and without restriction or compensation.
4.2 Intellectual Property Licenses
4.2.1 The RMH grants you a non-exclusive, non-transferable, revocable licence to download, copy and print the content on the LMS for your personal use. To the extent permitted by law, you must not:
a) otherwise download, modify, copy, reproduce, republish, store, frame, upload, post, transmit, sell, lease, rent, sub-licence or disclose or distribute any part of the LMS (or any content on it) in any way, except as otherwise expressly stated on the LMS or with the RMH’s prior written consent;
b) tamper with any copyright notice, or tamper with or commercially use any trade mark, logo or names (including business names and domain names) appearing on the LMS or in materials accessed via the LMS (and you must include the RMH’s copyright notice in any copies of the information obtained from the LMS); or
c) re-engineer, create derive works from, reverse engineer, disassemble, or decompile any part of the LMS,
and to the extent any right for you to do so is preserved by law, then only in strict accordance with the provisions or terms under that law.
4.2.2 You acknowledge that not all content on the LMS will be available to download, copy and/or print, including but not limited to videos or eLearn presentations.
4.2.3 The RMH reserves the right to access, maintain, delete or destroy all communications or information uploaded or stored within or accessible from the LMS at any time.
4.3 Use of the RMH’s trademarks and related IP
4.3.1 You agree not to use the name, trade name, service marks, trademarks, trade dress or logo of the RMH (or its related parties, suppliers or licensors) (Branding) in publicity releases, advertising, promotional materials, direct mail, seminars, on your web site, or in other communications without the express prior written consent of the RMH. All uses of Branding will inure to the benefit of the owner of such logos, trademarks, trade names and/or other branding devices.
4.4 Linking to this LMS
4.4.1 The RMH encourages links to the LMS. If you do create or maintain a link to the LMS you agree to these Terms of Use and you:
a) must link to https://learninghub.mh.org.au/ as other pages and content may be moved;
b) must regularly check any links to ensure they are accurate;
c) may only link to, and not replicate, content or pages on the LMS;
d) must not list any RMH telephone or fax numbers or office details;
e) must ensure that any links are presented in a way that fairly represents the RMH and the LMS; and
f) comply with the intellectual property conditions set out in clause 4 of these Terms of Use (including not framing, reformatting or altering any files or information without the RMH’s consent).
4.4.2 The RMH may in its absolute discretion require you to remove, and not create any further, links to the LMS or any content that is in breach of these Terms of Use.
5. Confidentiality
5.1 You agree:
5.1.1 to maintain any information that is confidential or proprietary in nature or is designated as such (including without limitation the software, source code, technology, tools, processes, functional specifications and technical materials on which the LMS is based) which you access via the LMS in strict confidence at all times; and
5.1.2 not to disclose, use, transmit, inform or make available to any person any of that information except as necessary to perform your obligations or exercise your rights under these Terms of Use.
5.2 Clause 5.1 does not apply to any confidential information which you can demonstrate:
5.2.1 is or becomes known to the public through no breach of these Terms of Use;
5.2.2 was previously known by you, or subsequently provided to you, without any obligation to hold it in confidence;
5.2.3 is independently developed by you without the use of confidential information; or
5.2.4 is approved for release by written authorization of the RMH, but only to the extent of such authorization.
6. Privacy
6.1 The RMH will treat any personal information provided by you or collected in relation to in accordance with its privacy policy, which is available at: https://www.thermh.org.au/website-privacy
7. Disclaimers and Exclusion of Liability
7.1 Disclaimer
7.1.1 The LMS (including material on the LMS) is made available to you on an "as is" and "as available" basis and at your own risk. To the maximum extent permitted by law, the RMH makes no representation, provides no express warranty or guarantee, and expressly excludes all liability for any loss, damage, expense or cost incurred by you in connection with:
a) the provision and availability of the LMS by the RMH or your use of the LMS or any other linked website;
b) the functionality, features and performance of the LMS and the withdrawal, suspension or discontinuation of any functionality or feature at any time);
c) legality or suitability of the LMS or any services provided through it;
d) infringement of third party rights;
e) the security of LMS, the LMS or any linked site, or the safety of any file or software associated with them (such as safety from any virus or defects including those which could damage or interfere with your data, hardware or software);
f) merchantability or fitness for a particular purpose of the LMS;
g) any errors in or interruption to the LMS (including without limitation the availability of internet connections or other telecommunications systems); or
h) the accessibility, accuracy, quality, currency or reliability of the LMS or any inked site, or of any of the RMH or third party materials, information, products or services contained in, promoted on or accessed via the LMS or any linked site.
7.1.2 As a condition of using the LMS, you release the RMH and hold the RMH harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the LMS.
7.1.3 Despite any provision in these Terms of Use to the contrary, the RMH shall not be liable for any consequential, special, incidental, indirect or punitive losses, costs, expenses or damages, whether in contract, tort or otherwise (including negligence) arising out of or in connection with the LMS or the RMH performance or non-performance of its obligations under these Terms of Use, even if the RMH has been advised of the possibility of that damage.
7.1.4 If, despite these Terms of Use, a statute implies, and prohibits the exclusion of, any warranties or guarantees into these Terms of Use or a court determines that the RMH is responsible for loss or damage arising from your access to or use of this LMS, then to the extent permitted by law, the RMH’s liability is limited in any event to (at the RMH’s discretion) resupplying the relevant part of the LMS or the reasonable cost of having it resupplied, and the RMH reserves its options at law as to how it may discharge the RMH’s obligations in relation to liability that cannot be lawfully excluded under these terms.
7.2 Reference material
7.2.1 The materials on this LMS have been provided for general information only. While the RMH has used reasonable endeavours to ensure the quality of the information:
a) it is provided “as is” and the RMH does not warrant that it is accurate, complete, reliable, current, of a particular quality or suitable for your particular circumstances;
b) it is not intended to be a substitute for professional medical advice, diagnosis or treatment provided by an appropriately qualified health care professional (you always consult a medical professional and obtain appropriate medical advice including interpretation of these materials);
c) some of the information has been provided or made available by third parties (or derived from that information) and does not necessarily reflect any policies, procedures, standard or guidelines of the RMH, any other users of this LMS or any Government or association;
d) you use it at your own risk, should not act (or fail to act) on the basis of the materials on this LMS and you are solely responsible for all acts or omissions carried out in connection with, or in reliance on, the materials;
e) to the extent permitted by law the RMH accepts no responsibility and disclaims all liability in relation to use of those materials.
7.2.2 While the RMH may do so, RMH has no obligation to review the information on the LMS to ensure it is current nor, to correct any error, omission or inaccuracy on the LMS.
7.3 Links to third party sites
7.3.1 This LMS contains links to other third party services and sites which are not under the control of the RMH. Those links are only provided for your convenience and:
a) The RMH does not warrant:
i. the accuracy of any hypertext links provided on the LMS or the suitability, accuracy completeness, currency, merchantability, fitness for purpose or any other aspect of any content located at those links;
ii. that the linked site does not infringe the intellectual property or other rights of any person;
iii. the physical location at which that site is hosted (or the location of any person accessing or controlling that site);
iv. the confidentiality and privacy practices of that site; and
v. the security and safety of that site or any file on it (including the existence of Harmful Code);
b) unless specifically stated otherwise, do not constitute any association of RMH with, or any endorsement or approval by RMH of, those other websites, their content, or the people who run or contribute to them; and
c) any omission of links to any site or organisation does not constitute any non-endorsement or disproval of those sites or organisations.
7.3.2 Your use of the links, and use or reliance on the content on any linked site, is at your own risk and to the extent permitted by law, the RMH disclaims any liability in relation to those links or sites. The RMH recommends you take care when accessing and using third party sites and that you read the terms and conditions and privacy policy of any third party site as they may be different to the RMH’s terms and policies.
7.4 The RMH’s related parties, personnel, suppliers and contractors
7.4.1 Each disclaimer is given on behalf of, and each indemnity, waiver, exclusion or limitation of liability is held for the benefit of, the RMH, the RMH’s licensors and contractors (and each of their officers, employees, agents and contractors).
8. Payment and Refunds
8.2 Please refer to the payment and refund policy which is available at: INSERT LINK
9. General
9.1 In these terms of use, unless specified otherwise:
9.1.1 Harmful Code means any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans and any new types of programmed threats that may be classified, but excluding passwords, software keys and like features that are security features or intended elements of software used to prevent unauthorised access and use;
9.1.2 Intellectual Property includes all present and future copyright, trade marks, all rights in relation to inventions (including patents), know-how, confidential information, trade secrets, circuit layouts, registered designs and all other rights resulting from intellectual activity in the industrial scientific, literary or artistic fields; and
9.1.3 LMS means the website at https://learninghub.mh.org.au and any related sites owned or maintained by, or on behalf of, the RMH. Each reference to LMS includes a reference to all information and content on these sites.
9.2 These terms and conditions are governed by the laws in force in the State of Victoria, Australia. By visiting and using the LMS you unconditionally submit to the jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.
9.3 The RMH may seek urgent injunctive relief in order to protect the confidentiality of its information or prevent the misuse of its Intellectual Property.
9.4 The failure or delay of the RMH to exercise any right or remedy under these Terms of Use will not operate as further waiver of such right or remedy in the future or any other right or remedy. No waiver of any default, condition or breach of these Terms of Use shall be deemed to imply or constitute a waiver of any other default, condition or breach of these Terms of Use, whether of a similar nature or otherwise.
9.5 If any one or more of the provisions of these Terms of Use are invalid or otherwise unenforceable, to the extent possible the provision should be read down to reflect the intent of the parties and the enforceability of remaining provisions shall be unimpaired.
9.6 The RMH shall not be liable for any non-performance in connection with the LMS or under these Terms of Use if it is prevented from performing that obligation by a circumstance beyond its reasonable control.
9.7 You may not assign any of your rights or obligations without the prior written consent of the RMH.
9.8 All rights and obligations under:
9.8.1 any provision regarding privacy, confidentiality, Intellectual Property, waivers, indemnities, representations and warranties (including without limitation clauses 4, 5, 6 and 7);
9.8.2 accrued rights or obligations existing at the time of termination or expiry; and
9.8.3 any indemnities and any representations and warranties, survive termination or expiry. Any other provisions necessary or desirable to give effect to those rights and obligations survive expiry or termination of these Terms of use.
9.8.4 These Terms of Use (including any supplementary terms within the LMS) set out the entire agreement between the parties and supersedes all previous and contemporaneous agreements, understandings and arrangements with respect to their subject matter.
10. Questions
10.1 If you have any questions about this LMS, please email learning@mh.org.au