Terms of Service
Health Services Evolution Pty Ltd (HSE)
also trading as the Nurses for Nurses Network (NfNN), the Nursing CPD Institute (NCI) and the Nursing News Blog
These Subscriber TERMS OF SERVICE (“Terms of Service”) constitute a binding contract between you (“the Subscriber” or the “Customer” or “You”) and Health Services Evolution Pty Ltd (“the Company” or “HSE”), regarding the terms under which HSE will provide the Subscriber with access to the Services.
1. SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
1.1 The website is owned by Health Services Evolution Pty Ltd
1.2 Your access to the website is subject to these Terms of Service, privacy statement, notices, disclaimers, or other statements contained on the website. By accessing, viewing, or otherwise using the website, you agree to be subject to these Terms of Service.
1.3 Health Services Evolution Pty Ltd may, at its sole discretion, vary or modify these Terms of Service.
1.4 Any subsequent use of the websites by you will constitute acceptance of these Terms of Service as they appear at the time.
1.5 The Subscriber promises, acknowledges, and agrees on behalf of itself and its Authorized End Users that:
1.5.1 Access privileges may not be transferred to any third-parties;
1.5.2 The Subscriber will not access, store, distribute or transmit any Viruses;
1.5.3 The Subscriber will comply with all applicable laws and regulations with respect to use of the Services;
1.5.4 The Subscriber will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
1.5.5 The Subscriber will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
1.5.6 The Subscriber will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
1.5.7 The Subscriber will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
1.5.8 The Subscriber is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
1.5.9 The Subscriber will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
1.5.10 The utilisation of the CPD platform is based on one hour of active learning equates to one hour of CPD. Excess utilisation of the platform outside of this premise will result in the immediate suspension of the Subscriber’s account and an investigation by senior staff.
1.6 If you are a Multi-User / Corporate Subscriber, you promise to obtain any and all consents required by Australian law to manage the security of the individual subscriber’s information held under your account
1.7 Your Account
1.7.1 All accounts must be registered with a single valid email address. Accounts may be closed without notice if found to be using someone else’s email address. Health Services Evolution Pty Ltd may request that registered users reconfirm their account details from time to time.
1.7.2 Full Individual Member
184.108.40.206 You must be a registered user of the Nursing CPD Institute website (www.ncpdi.com.au) before you can provide content for inclusion on the site, participate in forums, or access any other of the members only content areas. To apply for registration please view the registration page. Health Services Evolution Pty Ltd reserves the right to refuse to register a user of the website for any reason.
220.127.116.11 You only have access to the members only section of the website whilst you remain a current financial member. After the expiry date of your membership, you will not have access to any areas of the members only section of the website including any CPD certificates you may have generated. Should you renew your membership after its expiry date we cannot guarantee that any content that you created on the website including CPD certificates will be available.
1.7.3 Free Subscriber
18.104.22.168 Membership gives you access to three (3) free sessions and one (1) free certificate. If you have chosen to register as a Free Subscriber, your access to the website inclusive of CPD certificates that you may have generated is reliant upon your subscription to email correspondence from the Nursing CPD Institute remaining active. Therefore, if you unsubscribe your Free Subscriber membership will be deactivated.
22.214.171.124 Only one (1) Free Subscriber membership is available per individual user. The use of multiple email accounts to create multiple Free Subscriber memberships for the same individual is prohibited. If it is found that the individual has more than one (1) Free Subscriber membership, only the original membership will remain active and all other accounts associated with this individual user will be deactivated without notice.
1.7.4 Corporate Subscriber
126.96.36.199 For an Individual NCI Subscriber Becoming a Corporate Subscriber: A person who has attained NCI certificates in the course of their individual membership will retain access to those certificates if they are transferred to an organisation as an organisational subscriber in the following circumstances:
a) Their individual membership is current at the time of their request for transfer to an organisation’s subscription
b) Their individual subscription had lapsed – however, the member has paid the interim amount to ensure ongoing access to their past certificates at the time of their request to transfer to an organisation’s subscription
188.8.131.52 For a Corporate Subscriber becoming an individual Subscriber: A person who has attained NCI certificates whilst being an organisational subscriber and then purchases an individual membership will retain access to those certificates as an individual member in the following circumstances:
a) Their corporate membership is current at the time of their request for transfer of their records to an individual subscription
b) Their corporate subscription has ceased – however, the member has paid the interim amount to ensure ongoing access to their past certificates at the time of their request to become an individual member
2. AVAILABILITY OF WEBSITE.
2.1 The Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold HSE liable for delays that are ordinary in the course of Internet use. The Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Website.
3. INTELLECTUAL PROPERTY RIGHTS.
3.1 The Services are owned by Health Services Evolution Pty Ltd, and is protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
3.2 No right, title or interest in or to the Services or any portion thereof, is transferred to any Subscriber or Authorized End User, and all rights not expressly granted herein, are reserved by Health Services Evolution Pty Ltd.
3.3 The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of Health Services Evolution Pty Ltd or its affiliates or licensors. Subscriber may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
4. COMPANY OBLIGATIONS.
4.1 The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Health Services Evolution Pty Ltd, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company.
4.2 If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide Subscriber with an alternative means of accomplishing the desired performance.
5. FEES, PAYMENT & REFUNDS.
5.1 Health Services Evolution Pty Ltd reserve the right to cancel educational services, professional activities and products, due to extenuating circumstances.
5.1.1 In this instance, wherever possible, Health Services Evolution Pty Ltd will endeavour to give appropriate and timely notification to participants and a full refund or alternative schedule of delivery will be offered.
5.2 Payment Details.
5.2.1 Recurring charges are billed in advance of service.
5.2.2 The Subscriber agrees to provide the Company with valid, up-to-date and complete debit/credit card, contact and billing details.
5.2.3 Subscriber further authorizes the Company to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term).
5.2.4 If, for any reason, Subscriber’s credit/debit card company refuses to pay the amount billed for the Services, Subscriber agrees that Company may, at its option, suspend or terminate Subscriber’s subscription to the Services and require Subscriber to pay the overdue amount by other means acceptable to the Company. Company may charge a fee for reinstatement of suspended or terminated accounts. Subscriber agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services.
5.2.5 In the event legal action is necessary to collect on balances due, Subscriber agrees to reimburse the Company for all expenses incurred to recover sums due, including legal fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in Australian dollars.
5.3 Membership Fees
5.3.1 Membership is an annual commitment which can be paid as a lump sum annual payment or in a block of 12 monthly payments.
5.3.2 The monthly fee is only available via automatic payment (purchased in 12 monthly blocks).
5.3.3 Should your membership lapse and you wish to re-join the Nursing CPD Institute and re-activate your previous account you are required to pay the amount owing from the date your membership expired to the date you wish to re-join.
5.3.4 All our prices are in Australian Dollars.
5.4 Cancellation of Nursing CPD Institute Membership
5.4.1 Members are able to cancel their membership at any time in writing – this can be by written letter or email correspondence. Membership fees will not normally be refunded if there is evidence that the CPD activities housed on the site have been utilised within the current annual membership payment period.
5.5.1 Health Services Evolution Pty Ltd will provide a refund in the following circumstances:
184.108.40.206 Identified overpayments for goods and services,
220.127.116.11 An error has been made by Health Services Evolution Pty Ltd,
18.104.22.168 Products/services that do not match what was shown at the time of purchase.
5.5.2 Health Services Evolution Pty Ltd will not provide a refund in the following circumstances:
22.214.171.124 Where a member/customer/client changes their mind,
126.96.36.199 Where the member/customer/client decides later they can’t afford the products/services,
188.8.131.52 Where the member/customer/client finds alternative products/services at a more competitive price,
184.108.40.206 Incorrect choice of product/service by the member/customer/client.
5.5.3 Refunds do not apply to changes caused by reason of civil strife, riots, war, the threat of war, natural disaster, illness, industrial action, technical problems, terrorist activity, and similar events beyond our control.
5.6 Other than as set out above, and as is detailed elsewhere in these conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your association with the services provided by Health Services Evolution Pty Ltd
5.7 All requests for refunds must be:
a) Made in writing via email to [email protected]
b) Approved by the Company Directors.
5.8 Refund for online Courses or e-Seminars:
a) Full refund less 10% administration fee will be provided for registrants who have not commenced the learning activity contained within the scheduled Online Course or eSeminar.
b) Health Services Evolution Pty Ltd must receive written requests no later than 2 business days prior to the commencement of any eSeminar / Online Course learning activity.
6. THIRD PARTY LINKS OR INFORMATION.
6.1 This Website may contain links to other websites that are not operated by or related to the Company. The Company is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by the Company. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.
6.2 Supply of Content
6.2 Health Services Evolution Pty Ltd retains the right to decide whether to publish, edit, block, delete, reject, or remove any part or all of your content or any other content on the website.
6.3 You will not upload files that contain viruses, have corrupted files, or that may damage the operation of the website.
6.4 You give consent for Health Services Evolution Pty Ltd to do or omit to do any and all acts in relation to your content that would otherwise infringe any past, existing or future moral rights in the content. You waive any rights you may have to take action against Health Services Evolution Pty Ltd in relation to any act of omission which would otherwise infringe any past, existing or future moral rights in your content.
6.5 You guarantee the content that you submit is your original work and you own all rights in relation to the content. You indemnify Health Services Evolution Pty Ltd against any action, claim or proceeding alleging that the content infringes on the rights of any person, any cost, charge, expense, payment, loss, damage, or liability suffered or incurred by Health Services Evolution Pty Ltd in connection with the preceding.
6.6 You will not use the website for the purpose of advertising or marketing any goods or services unless authorised by Health Services Evolution Pty Ltd
6.7 You will not use the website to conduct or forward surveys, contests, money making schemes, or chain letters or emails.
6.8 You will not collect any information about members and provide this to other parties without the consent of Health Services Evolution Pty Ltd or the individual member’s consent.
7. DISCLAIMERS OF STATEMENTS/WARRANTIES.
7.1.1 The content and format of the website may be changed by Health Services Evolution Pty Ltd without notice, at any time, in its absolute discretion.
7.1.2 Health Services Evolution Pty Ltd has not verified the content of the information available on the website, which may not be complete, accurate or timely for your purposes and makes no warranty as to the accuracy or completeness of the information, nor does Health Services Evolution Pty Ltd endorse the information. It should be considered general information and not used in isolation.
7.1.3 Neither Health Services Evolution Pty Ltd nor any of its Directors, employees, or associates guarantee the security of the website.
7.1.4 Health Services Evolution Pty Ltd does not guarantee that the functions available on the website will be error free or that the functions provided will be free of interruptions. The website and the servers that makes the website available to you may not be free of viruses or bugs and that you acknowledge that it is your responsibility to implement sufficient virus checks to satisfy your own requirements.
7.1.5 Health Services Evolution Pty Ltd does not monitor or review all information posted on its website. To report objectionable posts or concerns please email [email protected]
7.1.6 Should you leave the site via a link contained on the site you do so at your own risk.
7.2 General Terms
7.2.1 Except for the content supplied in the Forum, all intellectual property rights on the website and its content will remain vested in Health Services Evolution Pty Ltd. You may not copy, reproduce, modify, transmit, communicate to the public or otherwise use this website or its content in any way other than for your own personal use or where authorised by Health Services Evolution Pty Ltd.
7.2.2 Any communication or material sent by you to the website, in any format without limitations will be treated as non-confidential other than material that comprises personal information as defined in the Privacy Act 1988.
7.2.3 We may change these Terms of Service from time to time. You should know that by continuing to use our Sites you’re agreeing to the updated Terms of Service. To make it easy for you to find the latest Terms of Service, we provide a link at the bottom of each page of our website and other Sites and platforms as appropriate.
7.2.4 Have Concerns? Let us know by calling us on 07 4151 3884 during business hours or emailing us at [email protected] and we’ll help you as quickly as we can.
8.1 Except, for any provisions determining the primary contractual obligations of the Subscriber and the Company hereunder, the Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and the Subscriber’s continued use of any of the Services following the posting of revised Terms of Service means that Subscriber accepts and agrees to the changes, to the extent permitted by applicable laws.
9.1 Subscriber may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.
10. FORCE MAJEURE.
10.1 Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labour disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
11.1 Health Services Evolution Pty Ltd is committed to ensuring that all personal information is protected. The Australian Privacy Principles (APPs) contained in the Privacy Act 1998 (CTH) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012, except when qualified by any relevant Codes of Practice, will underpin all matters related to personal information at Health Services Evolution Pty Ltd.
11.3.1 Health Services Evolution Pty Ltd only collects personal information that is necessary to manage your account(s) and provide a safe and effective service to you.
11.3.2 One of the main ways in which Health Services Evolution Pty Ltd collects personal information is through memberships and subscriptions. For example, when you become a member or subscribe to the Nursing CPD Institute, personal information is collected about you in order to:
a) provide login details and your membership / subscription to you;
b) ensure your membership / subscription is recorded and maintained for administration purposes;
c) contact you to obtain your feedback and to find out your level of satisfaction with your membership / subscription;
d) keep you up to date with information about the services or to provide you with special offers and promotions.
11.4 Use and Disclosure
11.4.1 Health Services Evolution Pty Ltd does not disclose information about an individual to any other individual, government authority, or private sector organisation unless one or more of the following applies:
a) the individual has consented to the disclosure, and where the information disclosed is related only to the primary purpose for which it was collected or;
b) the information provided directly relates to one of the Health Services Evolution Pty Ltd functions or activities or;
c) Health Services Evolution Ply Ltd is required by legislation, court order, or other legally enforceable instrument and the request is in an appropriate written form or;
d) disclosure is reasonably believed to be necessary to prevent or lessen a serious and imminent threat to the life or health of any person.
11.4.2 Where these exceptions occur then Health Services Evolution Pty Ltd will:
a) state what the personal information will be used for;
b) state who will receive the personal information.
11.5 Health Services Evolution Pty Ltd will only use personal information for the purposes for which it is collected – purposes which are directly related to one of Health Services Evolution Pty Ltd functions or activities. Such functions may include mailing, e-newsletters, delivery of purchases, credit card payment authorisation, trend analysis, external audits, market research and promotions.
11.6 For Health Services Evolution Pty Ltd to perform some of those functions, it is sometimes necessary to disclose your personal information to those suppliers. Where disclosures take place, all personal information provided is kept secure, and only used to perform the task for which they have been engaged to do and is handled by them in accordance with the National Privacy Principles.
11.7 Accuracy of Personal Information – Health Services Evolution Pty Ltd endeavours to maintain your personal information as accurately as possible. However, Health Services Evolution Pty Ltd rely on the accuracy of personal information as provided by you. Health Services Evolution Pty Ltd encourages you to contact us if the personal information held about you is incorrect or to notify us of a change in your personal information.
11.8 Contact details:
P.O. Box 3348 Bundaberg 4670
Phone on 07 4151 3884
Email at [email protected]
11.9 Individual’s choices
11.9.1 To manage your contact details as a Nursing CPD Institute member, go to “Manage Your Accounts”
11.9.2 You may request access to the personal information that Health Services Evolution Pty Ltd retains about you, your account(s) at any time by contacting us on: Phone: 07 4151 3884 or emailing [email protected]
11.10 Requests for your personal information can only be made by you.
11.10.1 If an individual is listed on one or more of Health Services Evolution Pty Ltd email lists (this includes but is not limited to membership lists, communities of interest, e-newsletters, events notifications) an opt-out option is available at all times. Individuals have the ability to unsubscribe by using the ‘unsubscribe’ options available.
11.10.2 Note – emails that are generated in relation to Membership / Customer activities (financial, passwords, event registrations) are not included in the unsubscribe functionality. Please contact the office on 07 4151 3884 if required.
11.11 Financial Transactions
11.11.1 Health Services Evolution Pty Ltd uses eWay as a secure payment portal. To find out more in regard to the eWay payment platform go to www.eway.com.au.
11.12 Health Services Evolution Pty Ltd Obligations
11.12.1 Health Services Evolution Pty Ltd will:
a) make available to all this policy related to the collection, use, maintenance and disposal of personal information;
b) take reasonable steps to ensure that personal information that is held is relevant, not excessive, accurate, up to date, complete and that the collection does not unreasonably intrude on the personal affairs of individuals;
c) retain personal information for no longer than is necessary and then dispose of it lawfully and securely;
d) protect personal information from loss, unauthorised access, use, modification, disclosure or other misuses;
11.13 Privacy Complaints
Health Services Evolution
P.O. Box 3348 Bundaberg 4670
Phone on 07 4151 3884
Email at [email protected]
11.13.2 For more information in relation to Privacy Complaints click here>>
12. COMPLAINTS MANAGEMENT.
12.1 Complaint Handling Policy
12.1.1 We value complaints as they assist us to improve our service. Health Services Evolution is committed to consistent, fair and confidential complaint handling and to resolving complaints as quickly as possible.
12.1.2 Definition of a complaint – Complaints are defined as any expression of dissatisfaction or grievance made to Health Services Evolution Pty Ltd by a customer in relation to the services provided.
12.1.3 Where can I make a complaint? – by completing the contact form on our website, by telephoning us on 07 4151 3884, by emailing us at [email protected]
12.1.4 What information should I provide, and what happens to it? – To help us investigate your complaint quickly and efficiently, we will ask you for the following information: Your name and contact details, the nature of the complaint, details of any steps you have already taken to resolve the complaint, details of conversations you may have had with us that may be relevant to your complaint, copies of any documentation which supports your complaint.
12.1.5 We record all verbal or written complaints. This assists our management team to monitor feedback in order to identify ongoing trends and continuously improve our processes and service.
12.1.6 What happens to my complaint next? – We are committed to being responsive to your needs and to resolving your complaint as quickly as possible. We will acknowledge receipt of a complaint within 24-72 hours and will strive to resolve all complaints within seven days. Wherever possible, we aim to resolve your complaint at the first point of contact, with as little formality as possible. If we’re unable to resolve your complaint immediately, we’ll give you a timeframe, a contact person and details of our complaint handling process. We may need to contact you to clarify details or request additional information where necessary.
12.1.7 How will you keep me informed on progress and outcomes? – We’ll make contact regularly to update you on the progress of your complaint, especially if there are any delays or changes to what we have previously communicated. We’ll also give you feedback on any changes to our products, services or processes that occur as a result of your complaint. Where appropriate, after we resolve your complaint, we may contact you at a later date to seek your feedback on how it was handled.
12.1.8 What if I’m unhappy with the proposed resolution? – If your complaint cannot be resolved by the usual complaint process, it will be referred to Health Services Evolution Pty Ltd management, you will be informed and provided with an amended timeframe for resolution. If we are still unable to resolve the complaint to your satisfaction, we will provide you with information about how you can take further action.
12.1.9 Do you review your complaint handling policy and procedures? – Health Services Evolution Pty Ltd is committed to continuous improvement and we review this policy and process regularly and update it as required.