Primary Anatomy Terms of Use
1. General

1.1 These terms and conditions apply to your use and registration to the educational resources provided by Primary Anatomy Pty Ltd ACN 633 981 432 (referred to as We, Us, Our, or Primary Anatomy) on the Primary Anatomy website at www.primaryanatomy.com and sub-domain learning.primaryanatomy.com (Website).

1.2 Your agreement to these Terms of Use will be indicated by either checking the check box that you have agreed or completing your purchase of Products via the Website.

1.3 By agreeing to these terms and conditions you represent that you are over the age of 18 or have a parent’s/guardian’s approval to enter into this agreement.

1.4 We may amend or vary these terms and conditions from time to time. You will be bound by the terms and conditions that were in force at the time you purchased the Products from us or renewed your access to the Products.

1.5 You must comply with all warnings, prohibitions and other notices for use of the Products that we provide to you.

2. Definitions and Interpretation

2.1 In this agreement the following definitions apply, except where the context otherwise requires:

Business Day means a day that is not a Saturday, a Sunday or a public holiday in the principal place of business of a party.

Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, the “Primary Anatomy” trade mark and any other trade marks whether registered or unregistered, logos, content, images, videos, designs, patents, the right to keep confidential information confidential, the “look and feel” of the Website, know-how and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions.

Materials means all materials, in whatever format, provided by us to you as part of the supply of the Products including the questions and question bank, mock exams, flashcards, statistical feedback [insert any others].

Products means the goods and services supplied by Primary Anatomy via the Website.

2.2 The following rules of interpretation apply unless the context requires otherwise:

(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and conversely;
(c) a reference to a person includes a body corporate, an unincorporated body or other entity;
(d) where examples of a thing or set of things are given by reference to the word “including”, the meaning of references to the thing or set of things is not to be limited by reference to the examples.

3. What Primary Anatomy does and does not do

3.1 Primary Anatomy provides the Products on the terms of this agreement.

3.2 Primary Anatomy provides tools to assist you with self-guided preparation and study, but any results that you achieve, and the consequences of those results, are your sole responsibility.

3.3 Primary Anatomy cannot give any guarantees about passing any exams or tests and Primary Anatomy is not responsible if your desired results are not achieved.

3.4 The Primary Anatomy Products are intended for general education and information purposes only. Primary Anatomy does not offer personalised tutoring or educational advice.

3.5 We will use our best efforts to ensure that the Products are available on demand during the period agreed.

3.6 The Products are made available via a third party platform. Primary Anatomy has no control over any downtime or unavailability of that platform. Primary Anatomy will not be liable for any loss or damage suffered by you as a result of your accessing the Products via the third party platform.

4. Registration

4.1 Before purchasing our Products, you will have to register your details. You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to your details. We may at any time request a form of identification to verify your identity.

4.2 It is your responsibility to keep your log in details secure. You agree:

(a) that you are solely responsible for the security and confidentiality of any password that may be issued to or subscribed for by you from time to time (Password);
(b) not to disclose (or cause disclosure through any act or omission) your Password to any other person;
(c) that where the Product you have purchased is for one user only, you will not let any other person use your Password or your device to access the Product;
(d) that you only access the Product from one device at any given time;
(e) that you will immediately notify us if your Password is lost or becomes known to any other person;
(f) that you will notify us immediately if you become aware of any unauthorised use of your Password protected access to the Website;
(g) that you are solely responsible for all access to and use of our Website via your Password, whether such access or use is by you or any other person (in the case that the Product can be used by more than one person).

4.3 To the extent that you provide personal information, Primary Anatomy will treat such information strictly in accordance with its Privacy Policy.

5. Fees and payment

5.1 The prices of the Products (Fees) are set out on the Website and are in Australian dollars. All prices are subject to change and the Fees payable are those current on the date of purchase or renewal.

5.2 The price does not include the Goods and Services Tax (GST) or any delivery charges, insurance, customs charges and other charges affecting the cost of the Products. You will be told about these additional costs and you will be given a total purchase price before you finalise your purchase.

5.3 Payment of the Fees is required at the time of purchase. Payment must be made using the online ordering facility and via the methods we offer on the Website. Orders that exceed your credit limit will not be processed. If you choose to pay by debit or credit card, a surcharge may apply.

5.4 Payment of the Fees will not be deemed to have occurred unless we receive the relevant amount in cleared funds.

5.5 Invoices for Primary Anatomy Products are generated automatically and can be requested at any time by emailing [email protected]

5.6 No part of the Fees is refundable unless otherwise agreed or as required by law.

6. Cancellations

6.1 Once your purchase has been processed, you cannot cancel or change it except with Primary Anatomy’s written consent.

7. Materials

7.1 Primary Anatomy is the owner of the Intellectual Property Rights in the Materials and all other materials related to or connected with the Products.

7.2 For the purpose of clause 3, Primary Anatomy gives you a non-exclusive licence to use the Materials for your own personal use and study. For the avoidance of doubt, you have no authority to reproduce or authorise the reproduction by a third party, in whole or in part, of any of the Materials.

8. What you must not do

8.1 You must not:

(a) use any of the Materials other than for your own personal use;
(b) copy, reproduce, share or distribute any of the Materials without our prior written consent which can be withheld for any reason;
(c) use the Materials to teach or train third parties including in classes, tuition groups, study groups or other courses;
(d) permit anyone else to use or reproduce, in part or in whole, the Materials;
(e) do anything that would adversely affect Primary Anatomy’s image and reputation in the goods and services it provides.

9. Termination

9.1 This agreement commences when you purchase the Products and will continue until the end of the term relevant to the Products you have purchased or this agreement is terminated in accordance with clauses 9.2 or 9.3.

9.2 Either party may terminate this agreement immediately by written notice to the other party:

(a) if that other party breaches a material term of this agreement and fails to remedy the breach within 14 Business Days after being given notice of the breach;
(b) if that other party breaches a material term of this agreement which is not capable of remedy; or
(c) the other party cannot pay its debts when they fall due or has entered into any form of insolvency, liquidation or external administration, whether voluntary or involuntary, formal or otherwise.

9.3 Either party may terminate this agreement by giving the other party 14 days’ written notice. Any Fees already paid will not be refundable.

9.4 The termination of this agreement, for whatever reason, will result in the cancellation of your account.

10. Liability

10.1 To the maximum extent permitted by law, all guarantees, warranties, representation or conditions that by law may be excluded and which are not expressly stated in this agreement, are excluded. If we are liable for breach of an imposed guarantee, warranty, representation or condition, our liability is, at our option, to the extent permitted by law, limited to:

(a) the replacement of the Products or the supply of equivalent Products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or acquiring equivalent Products; or
(d) the payment of the cost of having the Products repaired.

10.2 To the maximum extent permitted by law, we are not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, arising out of or in connection with the Products, including as a result of not being able to use the Products or the late or non-supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not we were aware that such loss or damage may occur.

10.3 Primary Anatomy’s liability will be capped at the Fees paid for the Products in respect of which a claim or other liability has arisen.

11. Notices

11.1 A notice given under this agreement must be in writing and sent to the recipient at the address specified at the beginning of this agreement. A notice is deemed to be received:
(a) if sent by hand, when delivered to the addressee;
(b) if by post, 5 Business Days from and including the date of postage, on delivery to the addressee; or
(c) if by email, on receipt by the sender of read receipt;
but if the delivery or receipt is on a day which is not a Business Day or is after 4:00pm (addressee’s time) it is deemed to be received at 9:00am on the following Business Day.

12. General

12.1 This agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.

12.2 If part or all of any of this agreement is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.

12.3 You may not assign or sublicense any of your rights under this agreement.

12.4 This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.

12.5 This agreement contains the entire agreement of the parties with respect to its subject matter.