Nursepoint by Elsevier Australia has RCNA Authorised Provider of Endorsed Courses (APEC) status, subsequently our educational activities attract RCNA CNE Points.
Nursepoint by Elsevier Australia has RCNA Authorised Provider of Endorsed Courses (APEC) status, subsequently our educational activities attract RCNA CNE Points.
Information We Collect
The Service collects information from you in two ways: directly from your input and automatically through the Service's technologies.
Information You Provide
The types of personal information that the Service collects directly from you may include:
In order to access certain content and to make use of additional functionality and features of the Service, we ask you to register for an account by completing and submitting a registration form, which may request additional information.
If you choose to register and sign in by using a third party account (such as your Facebook account), the authentication of your login is handled by the third party and the Service will collect your name, email address and any other information about your third-party account that you agree to share with us at the time you give permission for your account on the Service to be linked to your third party account.
Information Collected Automatically
We may use and disclose information that does not reveal your identity or permit direct association with any specific individual, such as browser and device information, anonymous usage data and aggregated information, for any purpose, except where we are restricted by law. If we combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.
You can control cookies through your browser's settings and other tools. However, if you block certain cookies, you may not be able to register, login to the Service, access certain parts of the Service or make full use of the Service.
Use of Your Information
We may use your personal information to:
We may on occasion also match or combine the personal information that you provide with information that we obtain from other sources or that is already in our records, whether collected online or offline or by predecessor or affiliated group companies, for the purposes described above.
Disclosure of Your Information
We may share your personal information with:
We also may share your personal information with our affiliated group companies worldwide and with societies, sponsors and other non-affiliated third parties that wish to send you information about their products and services that may be of interest to you as determined by your choices in managing your communications preferences following the process described below.
If the Service offers a content database or learning service ("Subscription Service") and you access the Subscription Service through an institution-sponsored subscription, your personal information and certain usage data gathered through the Subscription Service, such as the number of items you downloaded, any non-subscribed items you accessed, and test scores, may be shared with your institution for the purposes of usage analysis, subscription management, course management and testing and remediation. If your institution is a corporation or other business entity, additional usage data, such as the types of records you viewed and the number of searches you ran, also may be shared for the purposes of cost attribution and departmental budgeting.
We also may need to disclose your personal information:
The Service may let you post and share personal information, comments, materials and other content. Any information you disclose publicly may be collected and used by others, may be indexable by search engines, and might not be able to be removed. Please be careful when disclosing personal information in these public areas.
Your Choices and Communications Preferences
You can manage your communications preferences when you register with the Service, by updating your account preferences, by using the "opt-out" or unsubscribe mechanism or other means provided within the communications that you receive from us or by contacting us. We reserve the right to notify you of changes or updates to the Service whenever necessary.
Access to and Accuracy of Your Information
The Service may allow registered users to access their account information and make corrections or updates upon login at any time. The accuracy of such information is solely the responsibility of the user.
You also have a right to request access to personal information that we hold about you and ask us to correct it, subject to applicable law. To protect your privacy and security, we may require you to verify your identity.
If you request to deactivate your account or delete your personal information, we will endeavour to fulfill your request in accordance with our policies and procedures but some personal information may persist in backup copies for a certain period of time and may be retained as necessary for legitimate business purposes or to comply with our legal obligations.
Elsevier takes precautions to safeguard your personal information against loss, theft and misuse and unauthorized access, disclosure, alteration and destruction through the use of appropriate administrative, physical and technical security measures.
Disclosing Your Personal Information Overseas
Your personal information is likely to be disclosed to overseas recipients. For example, we will likely disclose your personal information to our related companies and technology, operational, fulfillment and customer support service providers located in the US, UK, Ireland, Philippines, Singapore and India. When we disclose your personal information overseas, we are required to take steps to ensure that your privacy continues to be protected in a manner which is consistent with the Australian Privacy Principles (APPs).
Anonymity and Pseudonymity
You have the option to remain anonymous or use a name other than your own, i.e., a pseudonym. We will try to provide you with this option wherever we can. However, you won't be able to be anonymous or use a pseudonym where required or authorised by law or impracticable, for example, if you would like to make a purchase from us.
Elsevier Data Protection Officer
Oxford OX5 1GB
Telephone: +44 1865 843000
Please carefully read these terms and conditions before using the Elsevier Website. By using the Elsevier Website you indicate your agreement to these terms and conditions. Use of the Elsevier Website is conditional upon your agreeing to be bound by these terms and conditions.
Conditions of Sale means the Elsevier Conditions of Sale, a copy of which can be found at www.elsevierhealth.com.au. Elsevier means Elsevier Australia (a division of Reed International Books Australia Pty Ltd). Elsevier Australia Information means the software, text, graphics, design elements, audio, music and all other materials used by Elsevier on the Elsevier Website.
Elsevier Website means this website, which is either:
(i) the website operated by Elsevier under the domain name www.elsevier.com.au or
(ii) the website operated by Elsevier under the domain name www.elsevierhealth.com.au, and includes all or any applications contained on that website.
Other Sites means any sites accessible through links made at the Elsevier Website.
2. Accuracy of information you submit
You agree that the information you provide to Elsevier, including all information you provide as part of any registration process, is accurate and is not misleading. You indemnify Elsevier for any loss or damage, including costs and expenses, arising from or in connection with false or misleading information that you have provided to Elsevier.
3. Use of and access to the Elsevier Website
You agree that you will use the Elsevier Website in accordance with this agreement and that you will not re-sell services from the Elsevier Website unless specifically authorised by Elsevier. Further you will not use the site for any unlawful purpose and will not violate or attempt to violate the security of the Elsevier Website.
You are responsible for maintaining the secrecy and confidentiality of all identification and log-in information (including any login or password) required for you to access the Elsevier Website or any part of it. You agree to notify Elsevier immediately if any of that information has been or is suspected to have been compromised by loss, theft, manipulation or any other means. You agree not to disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, relating to the Elsevier Website.
4. Copyright and Proprietary Rights
The Elsevier Website is the property of Elsevier and its licensors and is protected by copyright. All copyright, trademark, and other proprietary rights in the Elsevier Website and in the Elsevier Australia Information are the property of Elsevier or its licensors. You acknowledge and agree that you shall not acquire and rights, title or interest in any intellectual property rights belonging to our licensors or us. You may not reproduce, upload, post, transmit, download, distribute or communicate to the public any part of the Elsevier Australia Information or information accessed at Other Sites. You may print out or download portions of the text and images from the Elsevier Website for your own personal, non-commercial use. This permission does not allow you to incorporate material, or any part of it, in any work or publication, whether in hard copy, electronic or any other form. You may not modify the Elsevier Website or any material residing on it. You acknowledge that Elsevier is entitled to require you to remove any link from another website to the Elsevier Website which you install without Elsevier's prior written consent. Use of information or material on Other Sites is subject to the terms and conditions and conditions of sale of those sites.
You shall observe the terms and conditions governing use of Other Sites. You may not use the Elsevier Website or Other Sites in any manner that infringes the rights of any person or entity. No affiliation with, endorsement of, or sponsorship by Elsevier of Other Sites should be inferred.
5. Responsibility for Content
Elsevier does not screen, edit or review material submitted by third parties for inclusion on the Elsevier Website. You acknowledge that Elsevier accepts no responsibility or liability for any material, which may reside in or is accessed by the Elsevier Website other than Elsevier Australia Information. Elsevier has no responsibility with respect to Other Sites and a link to Other Sites does not imply any endorsement of the Other Sites by Elsevier. You link to Other Sites entirely at your own risk.
6. Objectionable Content
You may not link, upload, post or transmit to the Elsevier Website any material that creates a liability or infringes another person's rights to the Elsevier Website or which Elsevier considers illegal, unlawful, obscene, offensive, threatening, abusive, defamatory, vulgar, pornographic, profane, indecent or otherwise objectionable. To the extent permitted by law you agree to indemnify Elsevier from any damage, loss, cost or expense which may be suffered or incurred by Elsevier (including legal costs) as a result of the material you link, upload, post, or transmit to the Elsevier Website or in relation to any other breach by you of these terms and conditions. Elsevier has no duty to review or edit materials submitted by users. Elsevier may remove any such materials at any time for any reason and without any liability to you.
Elsevier reserves the right to terminate the registration of any user at any time or cease providing services in its absolute discretion.
8. Exclusions of Warranties
Under Division 2 Part V of the Trade Practices Act, 1974 (TPA) and Division 4 of the Fair Trading Act (NSW) 1987 (FTA), certain warranties and conditions (Implied Terms) are implied into contracts for the supply of services if the services are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Services).
If the services supplied under these terms and conditions are PDH Services, the operation of the Implied Terms cannot be, and are not in this contract, excluded or limited.
If the services supplied under these terms and conditions are not PDH Services, Elsevier limits its liability for breach of any Implied Term (other than a condition or warranty implied by section 69 of the TPA, 1974) to (at Elsevier's option) re-supplying the services or the cost of having the services re-supplied.
Except for the Implied Terms Elsevier excludes all warranties and conditions implied by statute, at law, in fact or otherwise. Elsevier makes no warranties of any kind with respect to the Elsevier Website, Elsevier Australia Information, or Other Sites. Elsevier does not warrant that the Elsevier Website or information and material contained on it will meet your requirements, will be accurate, will be available 24 hours a day, will be secure, will be uninterrupted or error free, or that it will not contain viruses or harmful code.
All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to Elsevier on or in connection with the Elsevier Website are submitted without any restrictions or expectation of confidentiality. Elsevier shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. You consent to all relevant acts or omissions in relation to any moral rights in information you submit to the Elsevier Website which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, you waive all of your moral rights in any such information. Elsevier shall have the right to use, publish, reproduce, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.
10. Export Controls
You warrant that your use of the Elsevier Website will comply with all applicable laws, rules and regulations that govern the export of technical data.
11. Choice of Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of that State. In the event that any provision of these terms and conditions is found to be invalid, voidable or unenforceable under New South Wales law, this will not affect the remainder of the terms and conditions.
12. Limitation of Liability and Indemnity
To the maximum extent permitted by law, Elsevier Australia or its employees, agents, licensors or contractors exclude all liability for loss or damage suffered by you, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages or loss of profits) in connection with:
(i) your use of the Elsevier Website including, but not limited to, data loss or corruption; or
(ii) any interruption, suspension or termination of the Elsevier Website for whatever reason.
This exclusion applies whether the claim is in contract, tort (including, without limitation, negligence) or equity and even if Elsevier has been notified of the possibility of such loss or damage. You agree that Elsevier's liability will be reduced by the extent, if any, to which you contributed to the loss.
You agree to indemnify and hold Elsevier harmless against any and all loss, costs, expenses, demands, actions, proceedings or liability incurred or suffered by Elsevier as a result of a breach by you of these Terms and Conditions or any wilful, unlawful or negligent act or omission by you.
13. Limitation of Claims
You acknowledge that you must bring any action on any claim against Elsevier Australia within one (1) year following the date the claim first accrued, or to the extent permitted by law, your right to do so shall be deemed waived.
14. Terms and Conditions subject to change
Elsevier Australia reserves the right to amend the terms and conditions at any time in its sole discretion. Posting an updated version on the Elsevier Website will amend the terms and conditions. It is your responsibility to check for any such amendment each time you use the Elsevier Website. If you object to any changes you may discontinue your use of the services. The amended terms and conditions will be effective immediately. Any subsequent use by you of the Elsevier Website will constitute you acceptance of the amendments.
15. Conditions of Sale
You agree that any online purchase you make from Elsevier by means of the Elsevier Website will be governed by the Conditions of Sale.
16. Entire Agreement
This is the entire agreement between the parties and may not be modified except in writing signed by both parties.
17. Pricing and Availability
All prices quoted may be subject to change without prior notice. GST in Australia is applicable to all book products. In New Zealand any tax charged is at your local rate.
18. Events outside our control
You acknowledge that Elsevier Australia will not be in breach of obligations under these terms and conditions to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance which is outside Elsevier's reasonable control including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lockouts, delays in transport, breakdowns in equipment, or restrictions or prohibitions or any other acts by any government or semi-government authority.
The Elsevier Website also contains third party advertisements (including banner ads) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. You acknowledge that all third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and do not constitute recommendations or endorsements by Elsevier Australia. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Elsevier, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
These Service Terms & Conditions govern the use of the Nursepoint CPD online learning platform where the modules for learning medical and clinical procedures (“Modules”) will be made available by Elsevier. The terms “you” and “your” in uppercase, lowercase, or mixed case shall mean the individual, entity (e.g., company, corporation, partnership, sole proprietor, etc.) entering into this online Subscription Agreement with Elsevier.
The “Subscription Agreement” shall consist of these Service Terms & Conditions.
You are granted a non-exclusive, non-transferable, limited right to access and use for research purposes the Modules. The rights granted to you are as follows:
2. RESTRICTIONS ON USE
You may not:
3. INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that all right, title and interest in and to the Modules remain with Elsevier and its suppliers, except as expressly set forth in these Service Terms & Conditions, and that the unauthorized redistribution of the Modules could materially harm Elsevier and its suppliers.
4. ACCESS TO MODULES/QUALITY OF SERVICE/WITHDRAWAL OF CONTENT
Access to the Modules shall be authenticated through Elsevier’s Nursepoint website using the usernames and passwords provided by you subject to you having purchased a Module.
Elsevier shall use reasonable efforts to provide the Modules with a quality of service consistent with industry standards, specifically, to provide continuous service with an average of 98% up-time per year, with the 2% down-time including scheduled maintenance and repairs performed at a time to minimize inconvenience to you, and to restore service as soon as possible in the event of an interruption or suspension of service.
Elsevier reserves the right to withdraw from the Modules content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing.
5. PROTECTION FROM UNAUTHORIZED ACCESS AND USE
In the event of any unauthorized use of the Modules, Elsevier may suspend your access. You will not be liable for unauthorized use of the Modules provided that the unauthorized use did not result from your own negligence or willful misconduct.
6. LIMITED WARRANTIES AND INDEMNITIES
Elsevier warrants that use of the Modules in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party.
Elsevier shall indemnify, defend and hold you harmless from and against any loss, damage, costs, liability and expenses (including reasonable attorneys’ fees) arising from or out of any third-party action or claim that use of the Modules in accordance with the terms and conditions herein infringes the intellectual property rights of such third party. If any such action or claim is made, you will promptly notify and reasonably cooperate with Elsevier. This indemnity obligation shall survive the termination of the Subscription Agreement.
7. LIMITATION OF LIABILITY
EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MODULES ARE PROVIDED “AS IS” AND ELSEVIER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE MODULES AND ANY OTHER DATA, DOCUMENTATION OR MATERIALS PROVIDED IN CONNECTION WITH THIS SUBSCRIPTION AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Except for the express warranties and indemnities stated herein and to the extent permitted by applicable law, in no event shall Elsevier or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of data, business interruption or loss of profits, arising out of or in connection with this Subscription Agreement, even if Elsevier or any supplier has been advised of the possibility of such liability or damages.
8. EXPIRATION OF MODULES
Unless otherwise noted, enrolment in all Modules expires 12 months after the date of first enrolment in that Module regardless of whether you have completed the Module. Elsevier may choose to waive this clause at its sole discretion. You will be notified by email prior to the expiry of your enrolment to a Module. Upon the expiry of the twelve (12) month term, you may still access the CPD Platform to view a summary of the Modules that you have completed.
9. USE OF SITE AND FEES
All payments must be made online by way of an acceptable credit or debit card using our secure third party online payment processor. Elsevier reserves the right at any time to alter its fee structure. As a courtesy, advanced notice of intended changes in fees will be announced by posting a notice on the Nursepoint CPD website.
10. USERNAME AND PASSWORD
Elsevier will automatically confirm login details (“Username” and “Password”) when a completed registration takes place by sending an email to the address provided during registration.
You are responsible for all use of the Nursepoint CPD site made using your username and password, whether or not the use is made by you or by someone else using your login and password. You are responsible for protecting and securing your password from unauthorized use and should not divulge your password to anyone else.
Elsevier will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify Elsevier against all loss, damage, claims, costs or demands in this regard.
Neither party’s delay or failure to perform any provision of this Subscription Agreement as a result of circumstances beyond its control (including, but not limited to, war, strikes, fires, floods, power failures, telecommunications or Internet failures or damage to or destruction of any network facilities or servers) shall be deemed a breach of this Subscription Agreement.
The invalidity or unenforceability of any provision of this Subscription Agreement shall not affect any other provisions of this Subscription Agreement.
The Subscription Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals, or quotations on that subject matter.
No modification, amendment or waiver of any provision of this Subscription Agreement shall be valid unless in writing and signed by you and Elsevier.
You may not assign, transfer or license any of your rights or obligations under this Subscription Agreement unless you obtain the prior written consent of Elsevier, which consent shall not unreasonably be withheld.