Terms & Conditions, Privacy Policy

Background
1. The Consultant provides workshops and training, including electronically or in an online environment, in relation to Echocardiography (Services), the particulars of which are set out in this Agreement.
2. The Consultant is the owner of the Intellectual Property in the training resources, programs and materials and has authority to enter into this Agreement.
3. The Client wishes to obtain the provision of training and/or resources through a non-exclusive Licence to use the Resources for the Purpose.
4. Subject to the terms and conditions of this Agreement, the Consultant agrees to provide the Services and make available the resources, programs and materials (Resources) to the Client for the Purpose.
Agreed Terms
- Interpretation
  - Definitions
  - In this document, unless the contrary intention appears:
    - Agreement means this agreement and the Schedules.
    - Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
    - Commencement Date means the date on which the Consultant is to start performing the Services or enable access to the Resources.
    - Completion Date means the date on which the Consultant is to complete performance of the Services or on which access to the Resources will be withdrawn.
    - Confidential Information means information in any form that is disclosed to a party by the other party for the purpose of this Agreement, or which the party otherwise becomes aware of in the course of performing its obligations under this Agreement including, but not limited to, the following:
      - trade secrets or secret trade information, all information relating to the Services and Resources, including systems, methods, processes, manuals, documents, procedures, as well as other information which the Consultant specifies as being confidential; and
      - any adaptations, improvements and developments made by the Client to such information,
    - but does not include the following:
      - information that is in the public domain, except where that information came into the public domain as a result of an unauthorised disclosure;
      - information that is already known or becomes known by the Client, on a non-confidential basis before being disclosed.
    - Consultant’s Personnel means any person or persons that the Consultant designates to assist with or perform the Services on the Consultant’s behalf.
    - Exclusions means the exclusions identified in the Schedule.
    - Facilities means working space, computer equipment, access to the internet and the Client’s computer network, telecommunications system, technology, equipment and the like and includes not only access to such resources but also use of them to the extent required by the Consultant in order to perform the Services.
    - Fee means the fee identified in the Schedule, being the fee payable for each Participant. The fee is payable within 14 (fourteen) days of receipt of provision of the Services.
    - GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    - Intellectual Property includes trade marks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former and means the intellectual property, described in Schedule 1 (including the intellectual property rights which exist in the Resources identified in Schedule 2), including any advancements or modifications.
    - Licence means the right to use the Resources (including the Intellectual Property) for the Purpose.
    - Operative Date means the date of this Agreement.
    - Participant means a person who is to receive or participate in the provision of the Services or access the Resources.
    - Personally Identifiable Information means any data that could potentially identify an individual, including but not limited to names, signatures, addresses, phone numbers, photographs or date of birth.
    - Purpose means the purpose for which the Resources (including Intellectual Property), may be used by the Client namely, for education of Participants in Echocardiography, for whom the Fee detailed in Schedule 3 has been paid. The Resources shall not be used for any other purpose and in no circumstance shall the Resources be used as a library or resource.
    - Resources means the training resources, programs and materials referred to in Background Paragraph D, which are further set out in the Schedule.
    - Schedule means a schedule to this Agreement. Alternatively, if these terms and conditions are provided to the Client as standard terms, the reference to a Schedule will be taken to mean any invoice, quotation or scope of works document which identifies the contract particulars, as the case permits.
    - Services means the services to be provided by the Consultant as identified in the Schedule.
    - Specification means any specific Services to be provided by the Consultant under this Agreement, as set out in the Schedule.
    - Term means the period during which the Intellectual Property is available for use by the Client, as detailed in the Schedule.
  - Construction
    - Words importing:
      - The singular includes the plural and vice versa; and
      - Any gender includes the other gender.

If the word or phrase is defined cognate, words and phrases have corresponding definitions.
A reference to:

a person includes a firm, unincorporated associated, corporation and a government or statutory body or authority;
a person includes the legal personal representatives, successors and assignees of that person;
a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacement of any of them;
a right includes a benefit, remedy, discretion, authority or power;
an obligation includes a warranty or representation and a reference to a failure to observe or perform an obligation includes a breach of warranty or representation;
provisions or terms of this document or another document, agreement, understanding or arrangement include a reference to both express and implied provisions and terms;
‘$’ or ‘dollars’ is a reference to the lawful currency in Australia;
this or any other document includes the document as varied or replaced and notwithstanding any change in the identity of the parties;
writing includes any mode of representing or reproducing words in tangible and permanently visible form, including facsimile transmission and other electronic methods;
anything (including, without limitation, any amount) is a reference to the whole or any part of it and a reference to a group of things or persons is a reference to any one or more of them;
the Schedules that form part of this Agreement and any reference herein to ‘this Agreement’ shall include a reference to the Schedules;
headings are for convenience only and shall not affect the interpretation of this Agreement.
all payments under this Agreement are to be made in Cleared Funds.

Consultancy Services
Services provided by the Consultant:
- The Consultant will provide the Services to the Client, in exchange for the Client paying the Fee to the Consultant.
- The Consultant and the Client will agree the time and place for the performance of the Services.
- The Consultant will start providing the Services on the Commencement Date unless otherwise agreed between the Consultant and the Client.
- The Services will be provided or made available until the Completion Date.
Fees and Payment
- Any quoted Fees are (unless otherwise indicated), exclusive of any GST that may be charged by the Consultant to the Client. Therefore, the Consultant will be entitled to add GST.
- The Consultant will provide the Client with a tax invoice in accordance with the GST Law in relation to remuneration payable under this clause.
- Payment of any tax invoice must be made by the Client to the Consultant:
  - prior to the delivery of the Services for face to face courses:
  - prior to the provision of Resources for Online courses or delivery through Electronic media; and/or
  - within 14 days following receipt of the Consultant’s invoice for other Services.
- The invoice referred to in clause 3(c) must include the following details before payment can be approved and forwarded:
  - date of Services;
  - description of Services provided; and
  - the Consultant’s ABN.
- If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in the Agreement, the Consultant is entitled:
  - to charge interest on the outstanding amount at the rate of 2% per year above the base lending rate of the Reserve Bank of Australia, accruing daily;
  - to require the Client to pay, in advance, for any Services (or any part of the Services) which have not yet been performed; and
  - not to perform any further Services (or any part of the Services).
- Use of Subcontractors
  - The Consultant is permitted to use other persons (Subcontractors) to provide some or all of the Services.
  - The Consultant is responsible for the work of any of the Subcontractors.
  - Subject to clause 4(d), any work undertaken by any of the Subcontractors is to be undertaken to the same standard agreed by the Parties.
  - Any Services provided by a Subcontractor will be governed by these terms and conditions.
- Standard of services
  - The Services will be performed by such employees or agents that the Consultant may choose as most appropriate to carry out the Services.
  - The Client acknowledges and agrees that time is not of the essence for:
    - any dates or times when Services are due to be performed;
    - the length of time that any Services will take to perform; and
    - any date or time when the Services will be completed.
  - Professional bodies
  - The Consultant is not obliged to provide the Services in a manner that is subject to the requirements and obligations of any trade or professional body.
  - Specification
    - The Consultant will prepare a Specification in the event that the Client requests and the Consultant agrees to provide additional Services or Resources.
    - The Specification will be provided to the Client and the Consultant may (but is not obliged to) request that the Client accept the Specification.
    - The Consultant will provide the Services in accordance with the Specification.
    - The Specification may be varied or added to as agreed by the Parties from time to time, in writing.
  - Location
  - The Consultant will provide the Services in such places and locations as set out in any Specification or as agreed by the Parties from time to time.
  - Client’s performance
    - The Client must (and will ensure that all Participants must):
      - comply in full with these terms throughout the Term;
      - promptly complete all course work;
      - raise any issues or queries in relation to the Services and Resources with the Consultant directly and promptly after the Client or Participant becomes aware of same;
      - comply with all matters identified in the Special Conditions, identified in the Schedule;
      - utilise the Resources only in the manner prescribed in this Agreement;
      - participate in the training provided and behave in an appropriate manner toward the Consultant and all Participants.
    - the Client and Participants acknowledge that the Consultant may exclude them from the provision of Services or Resources if those standards are not met.
  - Client’s obligations
    - During the performance of the Services the Client will:
      - co-operate with the Consultant;
      - provide any information or documentation that the Consultant reasonably requires;
      - make available to the Consultant such facilities as the Consultant reasonably requires; and
      - ensure that the Client’s staff and agents cooperate with and assist the Consultant.
    - The Client will not charge for the Consultant’s use of any Facilities made available by the Client.
    - If the Client does not provide the Facilities that the Consultant reasonably requires (and within the time period) to perform the Services, the Consultant may source them independently and any additional costs and expenses which are reasonably incurred by the Consultant will be paid by the Client.
  - Provision of Resources
    - The Consultant will make the Resources available at the times and in the format agreed or as set out in the Specification.
    - Unless otherwise set out in in the Specification:
      - the Client will be entitled to access 1 copy of any Resources provided by the Consultant;
      - the Client will be entitled to use the Resources for the Client’s own reference;
      - the Client will not be entitled to publish any Resources (or sell or make the Resources available to third parties), or allow any other person to do so; and
      - the copyright and database rights (and all other Intellectual Property rights) in the Resources (or any other material created or prepared, whether or not provided to the Client, by the Consultant in performing the Services) will at all times remain with and belong to the Consultant.
    - Resources
      - The Client will pay the Fee to the Consultant for the Services and/or use of the Resources for each Participant.
      - The Client will only be entitled to use the Resources for the Purpose.
      - The Consultant will maintain the Resources in such manner that all Participants have access to the Resources for the Purpose during the Term.
    - Confidentiality
      - The parties will maintain absolute confidentiality of the Confidential Information and in relation to the existence and the terms of this Agreement.
      - The Consultant shall keep Personally Identifiable Information to which it has access to under this Agreement strictly confidential and shall not use it for any purpose other than for the purpose of fulfilling its obligations under this Agreement.
    - Consultant’s Materials
      - The parties acknowledge that the Consultant is to make available to the Client its Resources, which contain its valuable Intellectual Property, pursuant to the terms of this Agreement. It is further acknowledged that, unless otherwise agreed herein, the Client must cease to use the Consultant’s Resources and Intellectual Property immediately following the end of the Term or termination of this Agreement.
      - The Client must also provide to the Consultant, immediately on request, a copy of all other resources and materials used by it in relation to Echocardiography, whether in hard copy, electronic or any other form.
      - The Consultant shall not copy, reproduce or utilise any of the resources or materials made available to it by the Client (which are not the Intellectual Property of the Consultant) for any purpose other than to ensure that its Resources are consistent with the Client’s Intellectual Property and to ensure that the Client’s resources and materials do not infringe the Consultant’s Intellectual Property.
    - Maintenance of Intellectual Property
      - The Client shall take all steps necessary to ensure that, during the Term, no harm or damage is caused to the Resources or Intellectual Property as a result of any actions by the Client or any Participant, which result in loss or diminution in value.
    - Developments
      - In the event that during the Term, the Client develops any modifications, developments, adaptations or the like to the Resources or Intellectual Property it will notify the Consultant of the nature of the same and will assign to the Consultant the right, title and interest (including all Intellectual Property rights), in those developments and will:
        
        supply all materials necessary for the proper understanding of the developments;
        
        do all things necessary to enable the Consultant to protect its rights in respect of such developments;
        
        ensure that any assignment of rights contemplated by this clause is promptly effected.
      - The Consultant may include any developments in the Resources, for the remainder of the Term.
    - Infringement
      - If the Client learns of any unauthorised use of the Resources or any infringement or threatened infringement of the Intellectual Property rights it must immediately notify the Consultant in writing giving particulars of the infringement.
    - Development
      - The Consultant is entitled to maintain and develop the Resources for its own benefit and is not obliged to grant to the Client a right to use any improvements, modifications or advancements to the Resources or the Intellectual Property.
    - Non-Competition
      - The Client covenants to the Consultant that they will not engage (including to carry on, participate in, or otherwise be directly or indirectly involved as a shareholder, unit holder, director, consultant, advisor, sub-contractor, principal, agent, manager, beneficiary, partner, associate, trustee or financier) in a business which is similar to or in any way competes with that of the Consultant during the Term and for a period of:
        
        12 months; alternatively
        
        6 months; alternatively
        
        3 months,
      - following completion of the .
    - Warranties, Liability and Indemnities
      - The Consultant warrants that it will use reasonable care and skill in performing the Services.
      - The Consultant provides no warranty in relation to and shall not be liable (to the extent permitted by law) for any of the Exclusions identified in the Schedule.
      - The Client must take out all insurance required to be effected by law for Claims made in relation to the Services including workers’ compensation and public liability insurance in the amount identified in the Schedule for each occurrence, in relation to the provision of the Services.
      - The Client must indemnify and hold harmless the Consultant from and against all Claims and Losses arising from claims arising as a result of any act or omission of the Client or a Participant in the provision of the Services, including loss, damage, liability, injury to the Consultant, its employees and third parties, infringement of third party intellectual property, property damage, or third party losses by reason of or arising out of any information supplied to the Client by the Consultant, its employees or consultants, or supplied to the Consultant by the Client within the scope of this Agreement.
      - Each of the Parties acknowledge that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
    - Termination
      - Termination of this Agreement may be made by either party by written notice to the other party if the other party commits a breach of this Agreement and has failed to remedy any breach, which is capable of remedy within fourteen (14) days of receipt of written notice requiring it to do so.
      - Either party may, by notice in writing, terminate this Deed in any of the following circumstances:
        
        in the event of the Client not making payment in accordance with the terms of this Agreement;
        
        upon the happening of any of the following insolvency events:
        
        a party ceases to (or is unable to) pay its creditors (or any class of them) in the ordinary course of business, or announces its intention to do so;
        
        a receiver, receiver and manager, administrator, liquidator or similar officer is appointed to a party or any of its assets;
        
        a party enters into, or resolves to enter into, a scheme of arrangement, compromise or composition with any class of creditors;
        
        a resolution is passed or an application to a court is taken for the winding up, dissolution, official management or administration of a party;
        
        anything having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction; or
        
        the making by a party of an assignment or attempted assignment for the benefit of its creditors.
        
        Any termination of this Deed pursuant to this clause is without prejudice to the rights of the party terminating to seek and obtain damages for any breach of this Deed by the other party.
        
        If the Consultant becomes unavailable to perform the Services then it may:
        
        schedule the provision of the Services to a date which is suitable to the Consultant and the Client; or
        
        terminate this agreement by 7 days notice to the .
        
        On termination of this Agreement, the Client must pay for all Services and/or Resources provided or accrued up to the date of termination.
      - Effect of Termination
        
        On termination of this Agreement under clause 21, or determination of this Agreement in the ordinary course:
        
        The Client must deliver to Consultant all Resources (including all copies) in its possession or control containing and do such further things as may be reasonably required by the Consultant to protect its right, title and interest in the Resources and the Intellectual Property.
        
        All Fees previously paid remain the property of the Consultant and the Client can make no claim in respect of them. The Client must further pay to the Consultant any Fee accrued but unpaid as at the date of the termination or expiration of this Deed.
        
        The Consultant shall not be under any obligation to provide the Client with a continuing licence or any other access to the Resources.
        
        Miscellaneous
        
        Entire Agreement
        
        This Agreement constitutes the entire agreement between the parties and supersedes any prior negotiations, understandings or agreements with respect to its subject matter.
        
        Variation
        
        Save as set out in clause 2(b), a right created under this Agreement may not be varied except in writing signed by each party.
        
        The parties acknowledge that the Consultant shall be entitled to alter the method of delivery of the Services where necessary as a result of any law, order or direction of Government which would prevent the services being delivered in the manner originally contemplated by the parties.
        
        Assignment
        
        The Client (and any Participant) may not assign its rights without the prior written consent of the Consultant, which consent shall not be unreasonably withheld.
        
        As a condition of consenting to such assignment, the Consultant may require the assignee to enter into this Agreement.
        
        The Consultant may not assign all or any of its rights in this Agreement without the prior written consent of the Client, which consent shall not be unreasonably withheld.
        
        Further Assurances
        
        Each party agrees, at its own expense, on the request of any other party, to do everything reasonably necessary for the purposes of or to give effect to this Agreement.
        
        Severance
        
        If any provision of this Agreement is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable.
        
        Governing Law and Jurisdiction
        
        This Agreement is to be governed by and construed in accordance with the law in force in the State of Queensland. Each party irrevocably and unconditionally submits to the jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning this Agreement.
        
        Mediation
        
        In the event of any dispute, the parties all agree to mediate in good faith in order to resolve all disputes in-house before any party takes any action in the Courts.
        
        Force majeure
        
        Neither Party has any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that Party.
        
        The Party affected by such circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
        
        If such circumstances continue for a continuous period of more than 4 months, either Party may terminate this Agreement by written notice to the other Party.
        
        Waiver
        
        No failure or delay by the Consultant in exercising any right, power or privilege under this Agreement will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
        
        The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
        
        Agency, partnership etc
        
        This Agreement does not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.
        
        Neither Party may, nor represent that it has, any authority to make any commitments on the other Party’s behalf.

Details
Date of agreement (signing date):

Client :

The Term:
Commences on the Commencement Date, being the date of registration or online sign up.
Expires on the Completion Date, being: 16 weeks after Commencement Date.

The Term for the use of ‘Resources’ (including availability of online courses), is for the period:

16 weeks from the Commencement Date

Services means the provision of

The Services may be delivered via one or more of:

Face to face sessions
- Will be conducted at a venue nominated by the Consultant or which may be provided by the client (with prior agreement).
Electronic media such as Zoom, Teams, etc
- Online zoom educational sessions, are conducted live with an instructor, being a senior Cardiac Physiologist.
- The Client (and all Participants)must ensure that it has satisfactory computer hardware, operating system and a sufficient internet connection to enable them to participate
Online courses
- Online courses are pre-recorded and have no interaction with instructors.
- They will be available for Clients and Participants for a period of 3 months following the Commencement Date.
- Should Clients or Participants not complete the online course within 3 months of the Commencement Date (their access to the Resources will be withdrawn and) they will need to re-enrol in a course if they wish to complete the course work.
Resources – will include the Resources set out in the Specification and will further contain the following [set out additional resources].

Intellectual Property –
The Intellectual Property comprises all copyright, know-how and trade secrets as well as confidential information containing intellectual property rights to the extent that they have not been published, in the Specification, as well as the intellectual and industrial property rights which subsist in the materials and Resources identified herein.

Fee – will be the fee for the Services identified on the Consultant’s website unless otherwise set out herein or in any quotation or purchase order delivered by the Consultant to the Client for provision of the Services.

Insurance – means the insurance to be taken out by Clients to include:

Personal and property damage $10 million
Workers compensation for all Participants
Any others tba here:

Specification
Online course: “Getting Started in Echocardiography“
Is aimed at trainee cardiac physiologists, echocardiographers, cardiology fellows (adult and paediatric) medical professionals, point of care doctors and allied health professionals wanting to understand Transthoracic Echocardiography. Two dimensional (2D) imaging will be examined in this 3.5-4 hour online course. Doppler Ultrasound will not be covered. 40 cases of cardiac pathology will be shown to assist you in understanding the difference between normal and abnormal cardiac structure and function. A five part video series is included focusing on the practical skills of echocardiography to assist you when imaging a patient.

Topics included:

Location of the Heart
Transducer Skills
Imaging Planes
Cardiac Anatomy
Blood Flow
Build a 3D Heart
Cardiac Valves
Probe Manipulation Skills
Detailed analysis of Standard Echo Views
Label the walls of the LV
Coronary Artery Distribution
5 Part Video Series of Practical Skills
Many Quizz’s to test your understanding
40 case studies of cardiac pathology

Online course: 12 week Cardiac Pathology CHALLENGE online program

Each week we will discuss a different topic and review case studies. Questions will be emailed to you prior to the online tutorial each week, to get you thinking.

Designed to assist Echocardiographers & Medical Professionals further their skills to accurately identify and assess cardiac pathology following the first few months of training (3-6months) OR as a great refresher for the more experienced Echocardiographer. Are you currently studying? Or have you finished your formal echo qualification (DMU, QUT, DDU, CQU) and would like to consolidate your knowledge? Would you like to review cardiac pathology and test your understanding? Then this workshop is for you!

Learn the essentials of Cardiac Pathology and consolidate and complement your studies.

A certificate will be awarded for 12 CPD points at the completion of this online program.

Topics Included

Week 1 Aortic stenosis

Week 2 Aortic regurgitation & Mitral regurgitation

Week 3 LV systolic function

Week 4 LV diastolic function

Week 5 Cardiomyopathies

Week 6 Rheumatic Heart Disease & Mitral stenosis

Week 7 Prosthetic heart valves

Week 8 Pericardial diseases

Week 9 ASD, VSD and PDA

Week 10 Transposition & TOF

Week 11 Systemic & Pulmonary Hypertension

Week 12 Case study QUIZ & certificates awarded

Group tutorials will be held after hours, starting between 5-6pm every Tuesday or Thursday evening (other days are negotiable). Please state your preferred evening when registering. Zoom Meetings are utilised for these tutorials and participants are advised to use a fixed internet connection. Contact Echo Ed for specific dates.

Additional terms

During and following the successful completion of this workshop, it is expected that a Client/Participant will practice the skills you have learnt during the workshop to ensure you do not lose them. Becoming proficient in the skill of transthoracic echocardiography can take participants several months of full-time study and practice under the supervision and guidance of a suitably qualified mentor.
ECHO ED recommends that you find yourself a mentor to assist you in developing your skills in cardiac ultrasound after the completion of this course.
All workshops will be conducted in English.
Resources will be provided in English only.
Payment is in AUD.
The entire course material and any online tutorials are not to be recorded in any way, nor shared or reproduced, whether in whole or in part.
Any data or internet connection fees are the responsibility of the Client.
No refunds will be provided nor will any additional sessions or Resources be made available in the event that the Client cannot access them due to its system error.
Clients or Participants may be permitted to transfer to another workshop of thesame type, within 12 months of the date on which they were first to obtain the Services, provided that they give the Consultant notice of their change of circumstances at least 7 days prior to when they were first to have obtained the Services and obtain the Consultant’s consent (which shall not be unreasonably withheld) to such transfer.
Login details will be provided to the Client whose name is registered to the ECHO ED course, and must not be shared or reproduced.
In the event that the client shares or reproduces login details, the Consultant reserves the right to charge an additional fee for unregistered each participant and to claim any additional loss/damage incurred.
Clients and Participants agree to provide their personal information in order to:
- Participate in the course,
- Receive confirmation of completion,
- Receive additional information or materials in relation to the course or in relation to other offered by the Consultant, and
- Clients and Participants consent to the provision of such information to them.
All personal information provided to the Consultant will be held in accordance with our Privacy , the details of which are available on our websites, net.auand https://echoed.net.au/.
All data collected by the Consultant through the provision of the Services will become the property of the Consultant for their sole use. The Consultant may take steps to desensitise the data where required to do so pursuant to its Privacy Policy.
A certificate of completion and hours of learning is provided at the completion of each ECHO ED course.

Exclusions
- ECHO ED is an Australian based business, providing training in Adult and Paediatric Echocardiography (acquired and congenital heart disease).
- Participation in ECHO ED courses does not infer accreditation with ASAR (Australian Sonographer Accreditation Registry).
- The Consultant shall not be responsible for the clinical knowledge, interpretation of cardiac ultrasound images or practical competency of the Client or a Participant when they perform and interpret echocardiograms or for any other work undertaken by the Client or Participant following provision of the Services or Resources or in reliance upon them.
- Clients and Participants who are medical professionals must use their own judgement to diagnose and treat patients.
- Clients and Participants will indemnify the Consultant against any claims received in relation to the matters identified in this clause.
- Clients and Participants may separately engage the Consultant for additional online practical tutorial sessions to follow on from the online course as negotiated between the parties.

Executed as an Agreement when checking the box below.

Privacy Policy

We respect your privacy

Echo Ed respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. As we are an Australian based business, you acknowledge that our primary obligation is to adhere to the Australian Privacy Principles (APPs) established by the Privacy Act 1988 (Cth). We will also ensure that we comply with other privacy policies, laws or regulations where we are legally obliged to do so. This policy sets out how we collect and treat your personal information.

In this policy, Echo Ed means Echo Ed Pty Ltd ACN 153 423 039 as trustee for the Ramm Family Trust, trading as Echo Ed.

This Privacy Policy also applies to people in the European Union (EU), as required under the General Data Protection Regulation (GDPR).

The purpose of this Privacy Policy is to generally inform people of:

how and when we collect personal information;
how we use and disclose personal information;
how we keep personal information secure, accurate and up-to-date;
how an individual can access and correct their personal information; and
how we will facilitate or resolve a privacy complaint.
If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. Please see below for further details.
Collection of personal information
What is personal information?
‘Personal information’ means information or an opinion about an identified individual, or an individual who is reasonably identifiable. Echo Ed’s Privacy Policy applies to personal information collected and/or held by Echo Ed.
The Privacy Act 1988 (Cth) defines “personal information” to mean any 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.

We collect personal information about you in order to provide our products, services, and customer support. Our products, services, and customer support are provided through numerous platforms including but not limited to: websites, mobile applications, email, and telephone. The specific platform and product, service, or support you interact with may affect the personal data we collect.

Not all information requested, collected, and processed by us is “Personal Information” as it does not identify you as a specific natural person. This will include majority of “User Generated Content” that you provide us with the intention of sharing with other users. Such “Non-Personal Information” is not covered by this Privacy Policy. However, as non-personal information may be used in aggregate or be linked with existing personal information; when in this form it will be treated as personal information. As such, this Privacy Policy will list both types of information for the sake of transparency.

In some situations you may provide us with personal information inadvertently or without us asking for it. We will take reasonable steps to protect this data. However, if you have bypassed our systems, processes, and control, the information provided may not be governed by this Privacy Policy.

In some situations you may provide us with personal information over platforms that are outside our control; for example through social media or messaging services. Whilst any information collected by us is governed by this Privacy Policy, the platform by which it was communicated will be governed by its own Privacy Policy.

We will only use or disclose your personal information for the primary purposes for which it was collected. Where reasonably implied (in accordance with the APP), or as consented to by you.
At or around the time we collect personal information from you, we will endeavour to provide you with a notice which details how we will use and disclose that specific information.

How we collect personal information

Information that you specifically give us

While you use our products and services you may be asked to provide certain types of personal information. This might happen through our website, mobile applications, apps/plugins, online chat systems, telephone, paper forms, or in-person meetings. Our Collection Notice will explain how we will use the personal information we are asking for. The notice may be written or verbal.

We may request, collect, or process various information, including but not limited to the following information:

Contact Details – email address, phone number, mobile number.
Location Details – physical address, billing address.
Account Details – financial institution, account number.
Identity Details – as required to establish your identity including for verification of identity.
User Generated Content – which may include position details, company profiles, ACN, ABN and the like.

If you do not provide some of the information requested or any other information we require in order for us to provide our services to you, we may be unable to provide our services to you, including on-line services, access to our platform, training and resources, in an effective manner, or at all.

Collection from you

We will endeavour to collect personal information about you, directly from you. In some circumstances it may be necessary for us to verify the information which you provide to us and to:

obtain copies of documents
contact third parties to obtain documents or information

in relation to our services and to verify the information which you provide to us.

Information we collect as you use our service

We maintain records of the interactions we have with our users, including the products, services and customer support we have provided. This includes the interactions our users have with our platform, particularly in relation to the provision of our online services, such as when a user has viewed a page or clicked a button.

When we are contacted we may collect personal information that is intrinsic to the communication. For example, if we are contacted via email, we will collect the email address used.

We may collect or process the following information:

Metadata – IP address, computer and connection information, referring web page, standard web log information, language settings, time zone, etc.
Device Information – device identifier, device type, device plugins, hardware capabilities, etc.
Actions – pages viewed, buttons clicked, time spent viewing, search keywords, etc.

Cookies and IP Addresses
If you use our website, we may utilise “cookies” which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit our website. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer.
We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.
However, in some cases, cookies may enable us to aggregate certain information with other personal information we collect and hold about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources, as detailed in this Privacy Policy.
You can set your browser to notify you, accept or reject, or disable cookies. However, if you do so, you may not be able to access certain areas of our website or take advantage of the improved web site experience that cookies offer. See our attached Cookies and Data Policy for further information.
Data
Where we obtain any data as a result of your use of our Website or through any information which you may provide to us, you acknowledge that we will own the data and all rights which may subsist in relation thereto. Such data will generally be collected and maintained in an aggregated form, without any personal details which would otherwise identify you.
Links to other sites

On our website, you will encounter links to third party websites. These links may be from us, or they may appear as content generated by other users. These linked sites are not under our control and thus we are not responsible for their actions. Before providing your personal information via any other website, we advise you to examine the terms and conditions of using that website and its privacy policy.

How we hold your personal Information
Once we collect your personal information, we will either hold it securely and store it on infrastructure owned or controlled by us or with a third-party service provider who has taken reasonable steps to ensure they comply with the Privacy Act 1988 (Cth).
We provide some general information on our security measures
How we use personal information

The information we request, collect, and process is primarily used to provide users with the product or service they have requested. More specifically, we may use your personal information for the following purposes:

to undertake our activities/services;
to provide the service or product you have requested including to 3rd parties where requested or directed by you;
to provide technical or other support to you;
to answer enquiries about our services, or to respond to a complaint;
to promote our other programs, products or services which may be of interest to you (unless you have opted out from such communications);
to allow for debugging, testing and otherwise operate our platforms;
to conduct data analysis, research and otherwise build and improve our platforms;
for billing and debt collection purposes;
to undertake market research;
to comply with legal and regulatory obligations;
if otherwise permitted or required by law; or
for other purposes with your consent, unless you withdraw your consent for these purposes.

The ‘lawful processing’ grounds on which we will use personal information about our users (but are not limited to):

when a user has given consent;
when necessary for the performance of a contract to which the user is party;
processing is necessary for compliance with our legal obligations;
processing is necessary in order to protect the vital interests of our users or of another natural person;
processing is done in pursuing our legitimate interests, where these interests do not infringe on the rights of our users.

When we disclose personal information

Our third party service providers

The personal information of users may be held or processed on our behalf outside Australia, including ‘in the cloud’, by our third party service providers. Our third party service providers are bound by contract to only use your personal information on our behalf, under our instructions.

Our third party service providers include:

Contractors performing services on our behalf
The companies with whom you choose to deal (and their representatives)
Delivery partners and/or contractors
Cloud hosting, storage, networking and related providers
Payment, banking and credit rating providers
Marketing and analytics providers
Security providers
Or professional advisors, including lawyers, accountants and auditors.

Other disclosures and transfers

We may also disclose your personal information to third parties for the following purposes:

if necessary to provide the service or product you have requested including to 3^rd parties;
we receive court orders, subpoenas or other requests for information by law enforcement;
if otherwise permitted or required by law; or
for other purposes with your consent.

Provision of informed consent

By submitting your personal information to us, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

If you do not consent

If you do not agree to the disclosure of your personal information outside Australia by us, you should tell us that you do not consent. To do this, either elect not to submit the personal information to us or contact us via the details set out in this document.

Accessing, correcting, or downloading your personal information

You have the right to request access to the personal information Echo Ed holds about you. Unless an exception applies, we must allow you to see the personal information we hold about you, within a reasonable time period, and without unreasonable expense for no charge. Most personal information can be accessed by logging into your account. If you wish to access information that is not accessible through our website, or wish to download all personal information we hold on you in a portable data format, please contact our Privacy Officer.

You also have the right to request the correction of the personal information we hold about you. All your personal information can be updated through the user settings pages. If you require assistance please contact our customer support.

Exercising your other rights

You have a number of other rights in relation to the personal data Echo Ed holds about you, however, there may be restrictions on how you may exercise the rights. This is largely due to the nature of the products and services we provide. Much of the data we collect is in order to facilitate product/service enquiries, facilitate payments, and provide protection for the legitimate users of our Services – these data uses are protected against the below rights.

You have the right to:

opt-out of direct marketing, and profiling for marketing
erasure
temporary restriction of processing.

Direct marketing and profiling

You can control what emails you receive through your settings page.

Express informed consent
You give your express and informed consent to us using your personal information to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications).
Opt Out

If at any time you do not wish to receive any further Direct Marketing Communications from us or others, you may ask us not to send you any further information about services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the Direct Marketing Communication or by contacting us via the details set out in this document.

Anonymity and pseudo-anonymity
We will endeavour to provide you with the option of dealing with us on an anonymous basis or through the use of a pseudonym. However, there may be circumstances in which it is no longer practicable for us to correspond with you in this manner and your personal information may be required in order to provide you with our services or to resolve any issue you may have.
Erasure
Most personal information and user generated content cannot be deleted as they are used to support contracts, document financial transactions, and are used in providing protecting other legitimate users of the marketplace. In the case of non-personal data that can be linked with personal data, it will either be erased or otherwise anonymised from the personal data.
Notwithstanding the above, we will take reasonable steps to:
- make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
- protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
- destroy or permanently de-identify personal information if it is no longer needed.
Data Breach
In the event that we become aware of any unauthorised access to our system which results in a genuine expectation that your personal information has been obtained by an unauthorised 3^rd party, or in the event of any other breach or failure of our system which results in your personal information becoming available to, or being provided to any 3^rd party then we will:
- take all reasonable steps to recover or otherwise secure your personal information;
- limit access to your personal information;
- minimise the risk of harm; and
- take such other steps as we may decide would be prudent for us to take in the circumstances.
We will also notify you of any breach in the event that we, acting reasonably, form the view that the breach is likely to result in any serious harm.
Temporary restriction to processing
Under certain circumstances you may exercise this right, in particular if you believe that the personal data we have is not accurate, or you believe that we do not have legitimate grounds for processing your information. In either case you may exercise this right by contacting our Privacy Officer.
Unless stated above, users may exercise any of the above rights by contacting our Privacy Officer.
To contact our Privacy Officer

If you have an enquiry or a complaint about the way we handle your personal information, or to seek to exercise your privacy rights in relation to the personal information we hold about you, you may contact our Privacy Officer as follows:

By Email
[email protected]

For the purposes of the GDPR, our Privacy Officer is also our Data Protection Officer (DPO).

While we endeavour to resolve complaints quickly and informally, if you wish to proceed to a formal privacy complaint, we request that you make your complaint in writing to our Privacy Officer, by mail or email as above. We will acknowledge your formal complaint within 10 working days of receipt.

If we do not resolve your privacy complaint to your satisfaction, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) by calling them on 1300 363 992, making a complaint online at www.oaic.gov.au, or writing to them at:

OAIC
GPO Box 5218
Sydney NSW 2001

Consent, modifications and updates
Interaction of this Policy with contracts
This Privacy Policy is a compliance document prescribed by law rather than a legal contract between two or more persons. However, we will ask for your consent, consistent with the terms of this policy and certain contracts may incorporate all, or part, of this Privacy Policy into the terms of that contract. In such instances, We may incorporate the terms of this policy such that:
- certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto Us, but do create contractual obligations on the other party to the contract; and
- the consents provided in this policy become terms of the contract.
Acknowledgement
By using our website, or in otherwise obtaining a service from Us, where you have been provided with a copy of our Privacy Policy or had a copy of our Privacy Policy reasonably available to you, you acknowledge and agree:
- to provide the consents given by you in this Privacy Policy; and
- that you have been informed of all of the matters in this Privacy Policy.
Modification and Updates
We operate in a dynamic business environment. We reserve the right to modify our Privacy Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website). If you do not agree to our continued use of your personal information due to the changes in our Privacy Policy, please cease providing us with your personal information and contact us via the details set out in this document.
Credit Reporting Policy
We may also be bound by the credit reporting provisions of the Privacy Act and the Credit Reporting Code registered under the Privacy Act. For instance, where we provide services to you on credit (that is, you will pay for those services after we start providing them to you), we are a credit provider for the purposes of the Privacy Act.
This Credit Reporting Policy describes how we manage credit-related information about individuals (credit information). It does not apply to the collection or use of credit related information about corporations.
We will ensure that all personal information (including credit information) which we handle is managed in accordance with the Privacy Act and other applicable laws protecting privacy.
Collection of credit information
We may collect, hold and use certain credit related information about you. We will generally only obtain this information from you. We will not routinely collect or exchange information with credit reporting bodies and other credit providers unless you authorise us to do so. We use credit related information to assist us in determining whether we will provide or continue to provide services to you on credit and to manage our relationship with you. Credit related information includes your name and contact details, your credit history (including any repayments or late repayments you have made), any credit rating or credit assessment score that we calculate; and details of any credit related court proceedings or insolvency applications that relate to you.
We will securely store all credit related information that we collect or hold about you.
Disclosure of credit information
Unless otherwise required by law, we will only disclose your credit related information to third parties in limited circumstances as permitted by the Privacy Act. We may disclose your credit related information to parties that provide credit related services to us such as debt collectors, credit management agencies and our agents. We may also disclose your credit related information to a third party that you or we request act as a guarantor in relation to any credit provided to you. We may also disclose credit information to credit reporting bodies where there has been a default in payment. We will provide at least 14 days’ notice of our intention to disclose default information to a credit reporting body before making any such disclosure. We will not disclose any credit information to any recipient located outside of Australia.
Other circumstances where we may disclose your credit related information include where required by law or the order of a court or tribunal and where you otherwise expressly consent to the use or disclosure.
Access & Corrections
Consistent with our Privacy Policy, you may request access to any credit related information that we hold about you.
If you request that we correct any credit related information that we hold about you, we will endeavour to respond to that request within 21 days (or such longer period as you may agree) and correct any credit related information that we hold about you that we are satisfied is inaccurate, out-of-date, incomplete, irrelevant or misleading.
Complaints
You may complain about any failure by us to comply with Part IIIA of the Privacy Act or the Credit Reporting Code. If your complaint relates to our failure to provide access to or to correct any credit related information that we hold about you, you may lodge a complaint directly with the Office of the Australian Information Commissioner (for more information, please see oaic.gov.au). If your complaint does not relate to these matters, you must first lodge a complaint with us in accordance with the procedure set out in our Privacy Policy, which sets out how we will deal with such complaints.
A complaint may be lodged by contacting us directly or by emailing [email protected]

Last updated: 29 September 2020

Menu

Search

Terms & Conditions, Privacy Policy

Topics Included

Privacy Policy

Our Clients

Resources