1.1 This website (“Website”) is owned and operated by The Paediatric Nurse Pty Ltd (“TPN”, “we”, “our” or “us”).
1.2 When you:
a) access this Website, or any portal to which we provide you with access for the purpose of providing our services (“the Sites”) including any materials presented on the Sites and all digital products provided by us, or made available by us; or
b) purchase a Membership Subscription to access all of our then current webinars and receive other member benefits (“Membership Subscription”);
you agree to be bound by these Terms and Conditions (“Terms”).
1.3 Except as otherwise provided under clause 1.4 of these Terms, we may amend these Terms at our discretion at any time by updating these Terms on the Website. By continuing to access the Sites, you accept these Terms, as they appear on the Website at the time. If you do not accept these Terms then you must immediately cease using the Sites and you should not purchase a Membership Subscription.
1.4 If you have purchased a Membership Subscription or other ongoing service and we wish to amend these Terms such that it would materially affect your rights or obligations associated with your Membership Subscription or that other service, we will notify you at least 30 days before such changes will apply to you.
1.5 TPN provides online Continuing Professional Development (“CPD”) for Paediatric Nurses via online learning platforms (“the Services”). A detailed list of the Services is available on the Website.
1.6 You must be at least 18 years of age in order to access and use the Sites or to purchase a Membership Subscription or other Service. If you are not at least 18 years of age, or you do not agree to these Terms, you must immediately cease accessing the Sites.
1.7 Any information found on the Sites is intended to be general in nature. Any reliance that you place on the information found on this Website is at your own risk.
1.8 TPN does not provide any professional advice and gives no warranty, guarantee or representation about the availability, suitability, accuracy, currency, reliability, continuity, or timeliness or otherwise, of the information contained on the Sites. It is your responsibility to assess and verify the accuracy, completeness and reliability of any information found on the Sites.
1.9 CPD content made available on the Sites are prepared and presented by third party contractors retained by TPN. Whilst TPN seeks out qualified presenters and ensures the relevance of the topic presented to its members, TPN does not accept responsibility for the accuracy, currency or completeness of the content presented by those third party contractors.
1.10 Any commercial use of the Sites or any materials made available on or via the Sites by you requires the prior written approval of TPN.
1.11 Content available on the Sites will be regularly updated and any webinars, eSeminars or other material may be removed at any time, and without notice to you.
2.1 To the maximum extent permitted by the law, TPN excludes:
a) all liability for any and all direct, indirect, incidental, special or consequential loss, damage, cost and expense (including, without limitation, loss of revenue, goodwill, profit, damage to reputation, under or in relation to any other contract, data, use of data or anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person, in connection with, or in any way relating to the Sites or any content found on or made available through them;
b) any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us.
2.2 Despite clause 2.1 of these Terms, if the Competition and Consumer Act 2010 (Cth), or any other legislation, states that there is a guarantee in respect of goods or services supplied by TPN, and our liability for breach is unable to be excluded, but can be limited, our liability for such breach is limited to, at our option:
a) in the case of a supply of goods, replacing the goods, supplying equivalent goods, or having the goods repaired; or
b) in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.
2.3 We do not represent, warrant or guarantee that the Sites or any content found on them are free from computer viruses or any other defect or error which may affect your software or systems, and you should ensure that your computer is protected from any such viruses or defects through appropriate security systems.
2.4 You agree to indemnify and keep indemnified TPN and its officers, agents, contractors and employees (“TPN Associates”) from and against any loss (including legal costs and expenses on a full indemnity basis) or liability incurred by any TPN Associate howsoever arising from any claim, demand, suit, action or proceeding by any person against any of those TPN Associates where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you or anyone on your behalf.
3. Third party links
3.1 The Sites may contain third party links to other websites which we do not monitor, endorse, edit or review. Any access by you to any such third party website is subject to any terms and conditions found on those websites. We do not:
a) warrant the accuracy of any information found on third party websites;
b) ensure that such third party websites are free from any viruses or other threats; or
c) monitor or accept any responsibility for the privacy practices of third party website owners.
4 Your Acknowledgements
4.1 You acknowledge and agree that:
a) TPN does dit card or debit card via our payment service providers or as otherwise stated on the Website.
b) all purchases made via the Website must be paid for at the time of purchase by credit card or debit card via our payment service providers or as otherwise stated on the Website.
c) you may book access to one-off seminars or purchase a Membership Subscription or pay as you go package to access our Services, however some of our Services may be accessible only to those who purchase a Membership Subscription.
e) We may at any time change or discontinue any aspect, content on, or feature of, the Sites.
f) Whilst we take reasonable steps to minimise interruptions, we do not warrant that your access to or use of the Sites will be uninterrupted.
5 Membership Subscriptions
5.1 If you wish to purchase a Membership Subscription, you must do so on the Website and provide the requested particulars, including, but not limited to, your payment details.
5.2 Upon registering as a member, you will be provided with an account name and a password. It is your responsibility to protect your password and TPN accepts no liability for any loss you may suffer through your failure to protect the confidential nature of your password.
5.3 If you purchase a Membership Subscription, you will be entitled to the benefits stated on the Website correlating to that Membership Subscription at the time of purchase, subject to any limitations set out in these Terms (“Member Benefits”).
5.4 You may choose to pay the fees for your Membership Subscription (“Fees”):
a) in monthly instalments for the amount stated on the Website for monthly payment options, with the first payment due on the date of purchase of the Membership Subscription and subsequent payments due on the monthly anniversary of the date on which you first purchased your Membership Subscription; or
b) as a lump sum payment for the amount stated on the Website for annual payment options, with the payment due on the date of purchase of your Membership Subscription;
and you must select one of these options at the time of your purchase.
5.5 If your Member Benefits include a money back guarantee (“Money Back Guarantee”), and you are not satisfied with your Membership Subscription during the period from the date of purchase to the date which is 21 days later (“Money Back Period”), you may terminate your Membership Subscription and obtain a full refund of any Fees provided that you notify TPN of this intention by email to email@example.com prior to the expiration of the Money Back Period.
5.6 Without limitation to your rights under any Money Back Guarantee, all of the paid Membership Subscriptions offered by TPN (whether paid monthly or annually) have a minimum term of twelve months from the date of purchase (“Initial Term”).
5.7 If you:
a) pay the Fees annually, your Membership Subscription will be automatically renewed each year for a further twelve month term, on the anniversary of the date you purchased your Membership Subscription with the Fees payable for that Further Term on that same date, unless you wish to terminate your Membership Subscription in accordance with clause 5.9; or
b) pay the Fees monthly then after the Initial Term, your Membership Subscription will continue month to month with your Fees payable monthly in advance until such time as you wish to terminate your Membership Subscription in accordance with clause 5.9;
each case being a further term (“Further Term”).
5.8 The Fees payable for any Further Term will be charged to the same payment method you used when first purchasing your Membership Subscription, unless you specify otherwise by email to firstname.lastname@example.org.
5.9 If you wish to terminate your Membership Subscription at the end of the Initial Term and prior to any Further Term, you must send written notice of this intention to email@example.com at least 14 days prior to the commencement of the Further Term. If we do not receive a notice of termination from you in accordance with this clause 5.9 of these Terms, your Membership Subscription will be auto-renewed in accordance with clause 5.7 and the applicable Fees payable.
5.10 Subject to any rights you might otherwise have under the Australian Consumer Law, and following any applicable Money Back Period, TPN will not refund Fees simply because you have changed your mind. TPN may offer a refund of Fees in special circumstances on a case-by-case basis. If you feel that you deserve a refund of Fees, you must contact us in writing outlining the circumstances to firstname.lastname@example.org. TPN will then review and consider your request and advise our decision in writing.
5.11 If you wish to change from monthly to annual, or annual to monthly payment of your Fees after the Initial Term, you can do so by sending that request to email@example.com at least one month prior to the commencement of any Further Term. Any such change will take effect from the first day of the Further Term in the case of auto-renewal under clause 5.7 of these Terms.
5.12 If your payment details change, such as in the case of a reissue of a credit card, you must update your details with TPN prior to the next due date for payment of the Fees.
5.13 TPN are not responsible for any dishonour fees you incur from your financial institution as a result of insufficient funds available in your account at the time of payment of your Fees. Public holidays and other delays may result in a variation of the date on which your Fees are debited from your selected account.
5.14 TPN may vary the Fees from time to time. If we do so, we will give you at least one month’s notice of the intended variation by email and by notice on the Website.
5.15 Upon cancellation of your Membership Subscription, your account will be deactivated and you will no longer have access to the Member Benefits. Cancellation of your Membership Subscription does not affect our right to recover from you any accrued but unpaid Fees.
5.16 We will send you information relating to your purchases from TPN, including your Membership Subscription, (for example invoices, changes in password or payment method and notices) in electronic form only, for example via emails to your email address provided at the time of purchasing your Membership Subscription.
5.17 TPN also offers:
a) a free membership option with access to one premium webinar chosen by TPN. Access to the premium free webinar is granted for 21 days from the date on which the free user account is created via the featured webinar landing page; and
b) a pay as you go option whereby you can purchase a set number of CPD hours which you may redeem in access to certain webinars within 12 months from the date of purchase.
5.18 Words or expressions used in this clause 5.18 of these Terms that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. If GST applies to any supply made under these Terms by TPN, then TPN may, in addition to any other amount payable, recover from you an additional amount on account of GST, such amount to be calculated on the basis of the current GST rate. Unless otherwise specified, any amount payable under these Terms is exclusive of GST.
6 Intellectual Property
6.1 Expect as otherwise stated, TPN owns, or are licensed to use, the copyright and other intellectual property rights in any content appearing on the Sites. You must not copy, republish, reproduce or share with any third parties any content appearing on the Sites without TPN’s prior written consent. Unless TPN has provided its written consent for any other use, you may only access and use the content on the Sites for non-commercial or personal use.
6.2 The TPN business name, logo and any other TPN brandmarks, are trademarks of TPN.
6.3 You agree not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the trademarks of TPN without our prior written consent.
6.4 All content published, transmitted, or otherwise made available on the Sites or through the provision of our Services are protected by copyright and owned by or controlled by TPN, its licensors, or affiliated third parties.
7 Your Use of the Sites
7.1 In accessing and using the Sites, you must not post or transmit on any part of the Sites, including in the comments on the blog made available on the Website which:
a) breaches any laws or regulations or are contrary to any relevant standard or codes;
b) interferes with other users of the Sites, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Site user from using the Sites;
c) constitutes commercial advertising, the promotion of gambling or the promotion of another website;
d) infringes anyone else’s copyright or other intellectual property rights;
e) tampers with, hinders or modifies the Sites;
f) knowingly transmits any viruses or other disabling features to the Sites.
7.2 When providing us with information through the Sites, you agree not to provide false information about yourself, to impersonate another individual or provide misleading or false information.
8 Customer Support & Complaints Policy
8.1 All requests for support and any complaints must be sent by email to firstname.lastname@example.org.
8.2 TPN will attempt to resolve any customer complaints and answer any questions within 7 days of the request or complaint.
10.1 These Terms, your use of the Sites generally, and the provision of the Services are governed by the laws of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.
10.2 If any term, provision, covenant, or condition of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it shall be severed from these Terms and the rest of these Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
10.3 No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.
10.4 Reference to an amount of money on the Website or in these Terms is a reference to the amount in the lawful currency of Australia.
These Terms are dated 18th March 2020.
The material on the website is Copyright © 2020 The Paediatric Nurse (ACN 637 233 786)