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Terms of Use
Effective date: 11th June 2024
1. Scope and Acceptance
This website and all associated digital flashcards, exam notes and practice-question banks (collectively “Platform”) are operated by SWN Co Pty Ltd trading as Fellow Academy (“Fellow Academy”, “we”, “us”, “our”). By accessing or using the Platform you confirm that you have read, understood and agree to be bound by these Terms of Use (“Terms”) and our Privacy Policy. If you do not agree, you must cease using the Platform immediately.
2. Eligibility
The Platform is intended solely for:
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registered medical practitioners, and
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current GP trainees (domestic or international)
who hold (or are eligible for) registration with the Australian Health Practitioner Regulation Agency (AHPRA). By using the Platform you warrant that you meet this requirement.
3. Account Creation and Security
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You must create an account to access most content.
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Registration information must be accurate and kept up to date.
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You are responsible for all activity under your credentials; keep them confidential and notify us promptly of any unauthorised use.
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Sharing login details is prohibited and may result in immediate suspension without refund.
4. Product Purchase, Access Term and Refunds
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Access to each Product is subject to payment of the advertised fee (“Product Fee”) in advance.
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Once payment is received we grant you a personal, non-transferable right to view or download the relevant materials (“Materials”) for the stated access period (“Access Term”).
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Refunds are available only in accordance with our published Refund Policy and your non-excludable rights under the Australian Consumer Law.
5. Permitted Use and Intellectual Property
All intellectual property on the Platform is owned by or licensed to SWN Co Pty Ltd t/a Fellow Academy. Unless we agree otherwise in writing, you may view the Materials on-screen for your own study only. You must not print, copy, share, sell, license, adapt or create derivative works from any part of the Materials. Unauthorised institutional access (including colleges, regulators and their representatives) is forbidden. Breach may lead to removal of access, forfeiture of fees and legal action.
6. Prohibited Conduct
You must not:
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share or sell your login details;
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introduce malware, attempt to gain unauthorised access or otherwise disrupt the Platform;
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post unlawful, defamatory, obscene or infringing content;
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use the Platform for commercial, abusive or fraudulent purposes;
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harvest data or use automated tools to copy content.
7. User-Generated Content
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grant SWN Co Pty Ltd t/a Fellow Academy a perpetual, worldwide, royalty-free licence to use, reproduce, adapt, publish and display that content for operation and improvement of the Platform;
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warrant that you have the right to grant that licence and that the content is lawful and non-infringing;
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acknowledge that we may remove or alter user content at our discretion.
8. Third-Party Platforms and Resources
Certain elements of the Platform are delivered via third-party hosts (e.g. learning-management systems). We are not liable for any act or omission of such third parties, including downtime, data loss or security breaches. Links to external sites are provided for convenience; we do not control or endorse their content and accept no responsibility for their accuracy or availability.
9. Educational Disclaimers
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Educational purpose – Materials are for general learning; they do not constitute professional medical, legal or financial advice.
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No clinician–patient relationship – Using the Platform does not create a doctor–patient relationship with us or our contributors.
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Independent provider – Fellow Academy is not affiliated with, or endorsed by, the RACGP, AHPRA or any other regulator.
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No CPD guarantee – Using the Materials does not, by itself, confer continuing-professional-development points; confirm eligibility with your college.
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Accuracy and currency – We take reasonable care with accuracy, yet information may be incomplete or outdated; verify all critical content against current Australian guidelines.
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No guarantee of exam success – Outcomes depend on many factors beyond our control; we do not promise that use of the Platform will result in a pass.
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Service interruptions – The Platform is provided “as is” and “as available”. Maintenance, technical issues or third-party failures may cause downtime; we are not liable for resulting loss.
10. Privacy
We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using the Platform you consent to that handling.
11. Suspension or Termination
We may suspend or terminate your access without notice if we reasonably believe you have breached these Terms. All restrictions, disclaimers and liability limits survive termination. No refund is payable where access ends due to your breach.
12. Limitation of Liability
Subject to any non-excludable rights under the Australian Consumer Law and to the maximum extent permitted by law:
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all implied warranties and conditions are excluded;
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SWN Co Pty Ltd t/a Fellow Academy and its officers, employees and contractors are not liable for indirect, special or consequential loss, or loss of profits, data or goodwill, arising from your use of or inability to use the Platform or linked third-party services;
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where liability cannot be excluded, it is limited (at our option) to resupplying the service or paying the cost of resupply;
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our aggregate liability to you will not exceed the Product Fees you have paid for the relevant service.
13. Indemnity
You agree to indemnify SWN Co Pty Ltd t/a Fellow Academy, its directors and employees against any loss, liability or expense arising from:
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your breach of these Terms;
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your misuse of the Platform; or
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any claim that content you submit infringes a third party’s rights.
Your liability is reduced to the extent our proven wilful misconduct contributed to the loss.
14. Changes to the Terms
We may amend these Terms at any time by posting an updated version on the Platform. Changes take effect on posting. Continued use after a change constitutes acceptance of the amended Terms.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that State.
16. Severability and Waiver
If any provision of these Terms is held invalid or unenforceable, the remainder continues in full force. A failure to enforce a right is not a waiver of that right. These Terms constitute the entire agreement between you and SWN Co Pty Ltd t/a Fello regarding the Platform.
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