This Registered User Agreement ("Agreement") sets forth the terms and conditions governing the use of the Elsevier Australia Portal online service provided by Elsevier (Australia) Pty Ltd ("Elsevier") through its web site at www.NursePoint.com.au ("Site") by registered users of the Site ("Service"). By becoming a registered user of the Site, completing the online registration process and clicking the "Submit" button on the registration page, and using the Service, you agree to be bound by all of the terms and conditions of this Agreement.
This Agreement expressly incorporates by reference and includes the Site's Terms Of Use, Privacy Statement, and any guidelines, rules or disclaimers that may be posted and updated on specific webpages, or on notices that are sent to you.
Please carefully review this Agreement before clicking the "Submit" button on the registration form. If you do not wish to accept this Agreement, do not proceed with the registration.
Changes to terms
Elsevier may change the terms of this Agreement from time to time. Any changes to this Agreement will be posted on this webpage. Registered users may view the most current version of the Registered User Agreement at any time.
When the terms are changed, we will provide notice to you by e-mail or by posting a notice on the Site. Your continued use of the Service following such notice constitutes your acceptance of those changes. If you do not agree any longer with the terms of this Agreement or to any changes, please contact our Customer Service Department immediately to cancel your registration.
Password use and security
By entering into this Agreement, you acknowledge that the Service is for your exclusive use only. Use or sharing of your User Name and Password by another user is prohibited. Failure to comply will result in immediate suspension of your account.
You are solely responsible for maintaining the confidentiality of your User Name and Password and for all activities that occur under your User Name and Password. You agree to immediately notify our Customer Service Department if you become aware of or have reason to believe that there is any unauthorized use of your account or any other breach of security. We are in no way liable for any claims related to the use or misuse of your User Name and Password due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.
Grant of license
Elsevier grants to its registered users a non-transferable, non-exclusive and revocable license to use the Service according to the terms and conditions set forth in this Agreement. Except as expressly granted by this Agreement, you acquire no right, title or license in the Site, Service or the Content or other data or materials incorporated in the Service.
Term and termination
Your access to the Service will continue until it expires, until Elsevier terminates it or until you provide notice to Elsevier of your decision to terminate. Such notice should be forwarded to our Customer Service Department. Use of and access to the Site and Service is solely at Elsevier's discretion, and Elsevier reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from the Site. Elsevier may discontinue or change the Service, or its availability to you, at any time without notice.
No assignment
THIS AGREEMENT IS PERSONAL TO YOU, AND YOU MAY NOT ASSIGN YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT TO ANYONE.
No waiver
Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Severability
If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
Governing law and venue
This Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably submit to the non-exclusive jurisdiction of the courts of that State. In the event that any of the Terms and Conditions are found to be invalid, voidable or unenforceable under New South Wales law, this will not affect the remainder of the Terms and Conditions.