Movember Online Courses (Terms and Conditions)

Hey there!

Welcome to Movember’s online learning platform (the Platform).

We’re proud to offer courses that educate and assist students, health practitioners and patients to learn more about men’s health. Our educational content provides valuable insights and practical knowledge that you can apply immediately in your practice or personal health journey.

Please note that by enrolling in one of our courses or otherwise engaging with our Platform, you’re agreeing to our terms and conditions (Terms). These Terms include important information about warranty disclaimers and limitations of liability that apply to your use of the Platform.

Before continuing, we recommend taking the time to read and review our Terms – it will take no longer than 15 minutes.

1. AGREEMENT
1. These Terms together with our Privacy Policy apply to your use of the Platform. By accessing, registering for, or using the Platform, you agree to these Terms and our Privacy Policy (collectively, the Agreement). If you do not agree with the terms of the Agreement, you will not be able to access, register for, or use the Platform.
2. REGISTRATION AND ACCOUNT
1. To access the Courses on the Platform, you must register for an Account. To register for an Account, you must provide us with accurate and complete Registration Data and create a Password.
2. Registration may be free or subject to payment.
3. You are solely responsible for all activity that occurs on or via your Account.
4. In our absolute discretion, we may terminate your Account, disable your Account, or restrict your access to the Platform (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Platform, your Account details, or any other content associated with your Account. We will not be liable to you or any third party if this occurs. 
3. COURSES AND CONTENT
1. The Platform provides access to educational Courses related to healthcare topics including but not limited to gender responsive healthcare, mental health, sexual health, general health, and other related subjects, designed for a range of users including healthcare practitioners, patients, students, and learners. 

2. Currently we offer the following courses via the Platform:

   1. Men in Mind:

      Movember’s Men in Mind© is a Level 1, evidence-based online training program designed to enhance the ability of mental health professionals to effectively engage men in therapy. Suitable for both postgraduate students entering clinical practice and experienced practitioners, the program provides specialised guidance on how to build stronger therapeutic relationships with male clients.
      
      Funded and developed by Movember, Men in Mind© is the world’s first evidence-based training initiative of its kind. It aims to improve practitioners’ confidence and competence when working with men, addressing common barriers that prevent men from fully engaging in mental health support.

3. Courses consist of various Content and We reserve the right to modify, update, or remove any Content from our Courses at any time without prior notice.
4. Upon successful completion of a Course, you may receive a Certificate. You understand that, subject to clause 3.5, such Certificates do not constitute professional certification, licensure, or accreditation. 
5. While some Courses may qualify for Continuing Professional Development points or credits as explicitly indicated in the Course description, we do not guarantee that all Courses will offer CPD recognition. It is your responsibility to verify whether a particular Course meets the CPD requirements of your specific professional body or organisation.`
4. survey data and user contributions
1. As part of the Courses, you may be asked to complete pre-course check-ins, post-completion surveys, and other data collection activities. 

2. In relation to survey responses, we will use your information as follows:

   1. All Survey Data you provide will be kept private and will not be personally identifiable;
   2. Survey Data may be presented in aggregated format along with data from other users;
   3. Any User Contribution you make within the Platform (such as comments in discussion forums) may be used by us as anonymous quotes for promotional or educational purposes without attribution to you;
   4. We may use Survey Data to measure and evaluate Course efficacy and effectiveness;
   5. The aggregated Survey Data may be used in research studies that may be published in academic journals or other publications;
   6. We may use the aggregated Survey Data for marketing purposes to demonstrate the value and impact of our Courses; and

3. You agree that any User Contribution you make:

   1. Is accurate, honest, and provided in good faith;
   2. Does not violate any applicable law or regulation;
   3. Does not infringe upon any third party's rights, including Intellectual Property Rights;
   4. Does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; and
   5. Does not include personal, identifiable information about other individuals.
4. We reserve the right to monitor, edit, or remove any User Contribution that we determine, in our sole discretion, violates the Agreement or is otherwise objectionable.
5. We will collect, store, and process your Survey Data and User Contributions in accordance with our Privacy Policy.
5. DISCLAIMER OF LIABILITY

1. While all reasonable care has been taken in preparing the Courses and Content, to the fullest extent permitted by law, we disclaim and exclude:

   1. All conditions, guarantees, or warranties expressed or implied by law; and
   2. Any liability to you however arising (and whether arising under statute, negligence, or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill).
2. We expressly disclaim any responsibility or liability for any damage, loss, or expense incurred as a result of reliance on information contained in the Courses, including its accuracy, reliability, completeness, currency, or usefulness in achieving any purpose.

3. You acknowledge and agree that:

   1. The Content is provided for general informational and educational purposes only;
   2. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment;
   3. You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition; and
   4. You should never disregard professional medical advice or delay in seeking it because of something you have read or learned on the Platform.
6. INTELLECTUAL PROPERTY
1. You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Platform and in all Material and Content published on the Platform (except for Third-Party Content, which remains the property of its respective owners), and we retain all rights, title, and interest in the Platform, Material, and Content (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access and use the Platform.

2. You may access and use the Platform (including Intellectual Property Rights contained therein) for your personal, non-commercial, and educational use only. You must not in any form or by any means:

   1. Reproduce, modify, distribute, store, transmit, publish, use or display the Material or Content on another website;
   2. Create derivative works from any part of the Platform, Material, or Content;
   3. Commercialise any information obtained from any part of the Platform, Material, or Content;
   4. Reverse engineer, decompile, disassemble, or otherwise attempt to discover or access the source code related to the Platform;
   5. Copy or modify the layout or appearance of the Platform or any computer software or code contained in the Platform;
   6. Use data mining, robots, or similar data gathering and extraction methods; or
   7. Attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform.

3. By submitting User Contributions via the Platform, you:

   1. Grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sub-licensable licence to use, publish, reproduce, and otherwise exploit your User Contributions in any form for any purpose and unconditionally waive any moral rights that you might have in respect of your User Contributions; and
   2. Represent and warrant that you either own the Intellectual Property Rights in your User Contributions or have the necessary permission to submit such User Contributions via the Platform.
4. We reserve the right to terminate to remove any of your User Contributions from the Platform, at any time, for any reason, and without notice to you.
7. THIRD-PARTY CONTENT
1. The Platform and Courses may contain links to Third-Party Content, including publicly available videos (e.g., YouTube), published journal articles, and other referenced materials.
2. Any links to such Third-Party Content provided on the Platform are for educational and convenience purposes only. We do not represent that we have any relationship with the providers of such Third-Party Content nor recommend or endorse any goods, services, or content appearing in or via such Third-Party Content.
3. We are not responsible for any loss or damage that may arise from your access to and/or use of Third-Party Content. Additionally, we are not responsible for the content or privacy practices associated with any Third-Party Content. You should make your own inquiries before using and/or accessing Third-Party Content.
4. Your use of Third-Party Content may be subject to separate terms and conditions specified by the providers of such content.
8. PROHIBITED USES

1. You agree not to use the Platform:

   1. In any way that violates any applicable federal, state, local, or international law or regulation;
   2. To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which may harm us or users of the Platform;
   3. To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity;
   4. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability;
   5. To attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
   6. To attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
   7. To otherwise attempt to interfere with the proper working of the Platform.
9. INDEMNITY
1. You agree to indemnify us and our officers, directors, employees, contractors, and agents (collectively, the "Indemnified Parties") and to defend and hold harmless the Indemnified Parties from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs, and/or expenses that may be incurred by, or sustained by, the Indemnified Parties arising out of, or in connection with, your access to and use of the Platform, Materials, Content, or any breach by you of this Agreement.
10. privacy
1. Movember is committed to protecting your privacy and Personal Information. Please see our Privacy Policy (https://movember.com/privacy) for further details about our practices relating to the collection, use, disclosure, and storage of your Personal Information.
2. The Collection Policy on the registration page of the Platform details how we will use the information we collect from you including the registration information and any Survey Data as set out in clause 4 of these Terms.
3. By using the Platform, you consent to us using your Personal Information and Survey Data for the purposes described in the Agreement.
4. If you are enrolled in a Course via an institution, workplace, or university (a Sponsoring Organisation), you consent to us sharing your course progress information (completion status, assessment results, and engagement metrics) with your Sponsoring Organisation.
5. We will retain your Personal Information for as long as reasonably necessary to provide the Platform services and fulfill the purposes outlined in this Agreement and our Privacy Policy. When your Personal Information is no longer required for these purposes, we will take reasonable steps to destroy or permanently de-identify it.
6. Only our authorised personnel will have access to your Personal Information, and we apply the principle of least privilege access to ensure your data is protected.
7. We implement appropriate technical and organisational measures to protect your Personal Information against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
11. GENERAL
1. The Agreement represents the whole agreement between you and us concerning your use and access to the Platform and your use and access to the documents and information on it. No other term is to be included in this Agreement except where it is required to be included by any applicable law in the jurisdiction governing this Agreement. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
2. Where any clause or term above would by any applicable law be illegal, void, or unenforceable in any jurisdiction, then such a clause shall not apply in that jurisdiction and shall be deemed never to have been included in this Agreement in that jurisdiction. Such a clause if legal and enforceable in any other jurisdiction shall continue to be fully enforceable and part of this agreement in those other jurisdictions. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of this Agreement.
3. We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Platform.
4. Although we do our best to provide the most up-to-date information on the Platform, we cannot warrant the accuracy or completeness of the information provided.
5. Any provision of the Agreement which is void or unenforceable may be severed from the Agreement without affecting the enforceability of other provisions.
6. A failure or delay by us to exercise a power or right under the Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
12. ENTITIES AND GOVERNING LAW

1. The Movember entity and relevant law governing this Agreement depends on the country in which you live:

   1. If you live in the USA, the Agreement is between you and Movember Foundation (EIN 77-07114052) subject to the laws of California, USA;
   2. If you live in Canada, the Agreement is between you and Movember Canada (Co. No. 767531-3), subject to the laws of Ontario, Canada;
   3. If you live in the UK or a country that forms part of the EEA (except for Germany), the Agreement is between you and Movember Europe (Co. No. 7275694), subject to the laws of England and Wales;
   4. If you live in New Zealand, the Agreement is between you and the Movember Foundation New Zealand (NZBN 9429043287550), subject to the laws of New Zealand;
   5. If you live in Germany, the Agreement is between you and Movember Foundation e.V (VAT ID 43 219 30884 K48), subject to the laws of Germany; and
   6. If you live in Australia, or in any other place not covered by paragraphs (a), (b), (c), (d) or (e) above, the Agreement is between you and The Movember Group Pty Ltd as trustee for the Movember Foundation (ABN 48 894 537 905), subject to the laws of Victoria, Australia.
13. CONTACT US
1. If you have any questions about this Agreement, please contact us at: learning@movember.com.
14. DEFINITIONS AND INTERPRETATION

1. In this Agreement:

   1. "Account" means your user account on the Platform;
   2. "Agreement" is defined in clause 1.1; 
   3. "Certificate" means any certificate of completion issued upon successful completion of a Course; 
   4. "Content" means all materials, information, text, images, videos, audio recordings, activities, assessments, and other elements provided as part of the Courses; 
   5. "Course" means any educational program, module, or learning experience offered through the Platform; 
   6. "Intellectual Property Rights" means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trademarks, logos, systems, designs, software, domain names, trade secrets and confidential information; 
   7. "Material" means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, or otherwise displayed, uploaded or published on, or via, the Platform;  
   8. "Password" means the password you create during registration;  
   9. "Platform" means our Learning Management System and all associated Courses; 
   10. “Personal Information” has the meaning given in the definitions for ‘personal information’ or ‘health information’ (as applicable) in the relevant Privacy Law depending on the Country in which you live.  
   11. “Privacy Law” means the
       1. Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in this Act; 
       2. Health Records Act 2001 (Vic) and the Health Privacy Principles contained in this Act; 
       3. the Data Protection Act 1998 and the General Data Protection Regulation; and 
       any other privacy laws which apply.
   12. "Privacy Policy" means our privacy policy linked at clause 1.1;  
   13. "Registration Data"means information provided by you to us for the purposes of your registration including, but not limited to, your name, email address, and other contact information;  
   14. "Survey Data" means information provided by you in any pre-course check-in, post-completion survey, or other data collection activities within the Platform;  
   15. "Third-Party Content" means Content created by third parties, including but not limited to publicly available videos, published journal articles, and other referenced materials;  
   16. "User Contribution" means any comment, feedback, response, or other content submitted by you within the Platform;  
   17. "We", "our", "us" and "Movember" means the entity specified in clause 12.1 with which you are contracting, which depends on your country of residence.   
   18. "You" or "your" means the person accessing, using or relying upon the Platform. 
2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

Skilljar (Collection Statement)

For people signing up our courses
By signing up to one of our online courses, you may provide Movember with your personal information, including your name and email address. Our Privacy Policy includes important information about how we will collect, handle and hold this personal information.

For people undertaking our courses

For people expressing interest in our courses
When expressing interest in one or more of our courses you may provide Movember with your personal information, including your name and email address.. Our Privacy Policy includes important information about how we will collect, handle and hold this personal information.

In addition to the purposes described in our privacy policy, we'll use and disclose your personal information for the purpose of sending course information, news, updates and evaluating interest in courses across different professions and regions.

A final note
We care about getting this stuff right, so please do review the Privacy Policy and reach out to us at privacy@movember.com with any questions. It also includes our contact details if you have any questions or concerns or would like to request access to or correction of your personal information.