Terms of Service and Education Code of Conduct
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.
1.6 Your Account
1.6.1 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.
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 (where applicable)
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.
5.3.1 Health Services Evolution Pty Ltd will provide a refund in the following circumstances:
126.96.36.199 Identified overpayments for goods and services,
188.8.131.52 An error has been made by Health Services Evolution Pty Ltd,
184.108.40.206 Products/services that do not match what was shown at the time of purchase.
220.127.116.11 Refund for Day Workshop or Seminar (Excluding Conferences):
18.104.22.168.1 Notification to cancel a registration to attend and apply for a refund must be made in writing via email to [email protected] (NfNN).
22.214.171.124.2 More than 25 days notice, Full refund less 10% administration fee. Health Services Evolution Pty Ltd must receive written requests no later than 25 days prior to the first day of the event.
126.96.36.199.3 7-25 days before notice, Requests for refunds received between 7-25 days before the start of the event will be given less a 30% administration fee.
5.3.2 Health Services Evolution Pty Ltd will not provide a refund in the following circumstances:
188.8.131.52 Where a member/customer/client changes their mind,
184.108.40.206 Where the member/customer/client decides later they can’t afford the products/services,
220.127.116.11 Where the member/customer/client finds alternative products/services at a more competitive price,
18.104.22.168 Incorrect choice of product/service by the member/customer/client.
22.214.171.124 No Refunds – Within 7 days. Requests for refunds received less than 7 days before the event will not be eligible for a refund. Please plan accordingly.
126.96.36.199 Refunds will not be available for registrants who choose not to attend an event.
188.8.131.52 Registrants may send a substitute in their place in lieu of requesting a refund. An organisation may send an alternative delegate if registration has been paid in full and the registered person is unable to attend due to unforeseen circumstances.
5.5.3 Refunds do not apply to changes caused by reason of civil strife, riots, war, the threat of war, natural disaster, pandemics, quarantine or travel restrictions, illness, industrial action, technical problems, terrorist activity, and similar events beyond our control.
5.3.4 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
5.4 All requests for refunds must be:
a) Made in writing via email to [email protected]
b) Approved by the Company Directors.
5.5 Refund for Events (this includes Retreats, Study Tours, Conferences and Getaways):
5.5.1 If you have registered and paid for an event via the NfNN website, the following refund policy applies
184.108.40.206 If a cancellation notice is received more than 61 days before an event, a refund will be processed less the non-refundable deposit.
220.127.116.11 If a cancellation notice is received less than 60 days before an event no refund will be given a partial refund may be applicable (less the non-refundable deposit) dependant on the terms of agreement of other third parties such as travel agents, caterers, and venue hire etc.
18.104.22.168 An organisation or the registered person may send an alternative delegate if registration has been paid in full and the registered person is unable to attend due to unforeseen circumstances. If notification is received less than 2 weeks before a conference or event, an administration fee of $50 will apply. Notification must be made via email to [email protected]
22.214.171.124 Health Services Evolution Pty Ltd strongly recommends customers take out travel insurance when they register for an event to cover any unforeseen circumstances that may prevent them attending the event and thus incur any financial loss.
5.6 If you have registered and paid for an event via a third party organisation such as a travel agent or other event organisation
5.6.1 The cancellation policy will be as per that organisation’s terms and conditions. HSE strongly recommends that customers make themselves aware of the terms and conditions of third party organisations before committing to purchase. Any potential refunds where applicable should be sought from the organisation.
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
6.2.1 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.
6.2.2 You will not upload files that contain viruses, have corrupted files, or that may damage the operation of the website.
6.2.3 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 or omission which would otherwise infringe any past, existing or future moral rights in your content.
6.2.4 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.
6.2.5 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.
6.2.6 You will not use the website to conduct or forward surveys, contests, money making schemes, or chain letters or emails.
6.2.7 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 4153 4215 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 or omission,
- the loss of a specialised supplier leading to the unavailability of specific education content making the delivery of education content impossible
- the loss of a specialised supplier leading to the unavailability of services including, but not limited to accommodation, airfares, optional travel and tours
- 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, pandemics, quarantine or travel restrictions, 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 Nurses for Nurses Network, personal information is collected about you in order to:
a) provide login details and your subscription to you;
b) ensure your 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 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 4153 4215
Email at [email protected]
11.9 Individual’s choices
11.9.1 To manage your contact details as a Nurses for Nurses Network subscriber, go to “My Account”
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 4153 4215 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 Customer activities (financial, passwords, event registrations) are not included in the unsubscribe functionality. Please contact the office on 07 4153 4215 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 4153 4215
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 4153 4215, 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.
12.1.19 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.
Education Code of Conduct
Our Education Code of Practice ensures that:
- The management practices of our organisation for the planning, marketing, delivery, and evaluation of our education program are of the highest professional standard
- All information provided to us by participants is held in the strictest confidence and is not released without the written permission of the participant
- We are committed to continuous quality improvement and utilise participant evaluations of each session to direct improvements to session content and delivery
- An attendance certificate for each activity is provided to the participant for their records and also held electronically for future reference
© 2018 Health Services Evolution Pty Ltd | This document was updated on the 20th December 2018