My Midwifery and Nursing CPD Terms and conditions

Definitions

1. App means any of our Applications and includes all of the Content and Services available on that application and any other mobile application released by My Midwifery and Nursing CPD from time to time.
2. 'Content' and 'Services' means all of the material available on the websites or Apps for any user including unpaid users and any services offered by, or available on, the websites or Apps and any other content or service we offer. Content includes all coding, designs, module content, templates (unless otherwise clearly stated), printouts (unless otherwise clearly stated), illustrations (unless otherwise clearly stated), and anything else that a reasonable person should reasonably know is our content.
3. Intellectual Property has the same meaning given to content but this is a more legal definition.
   
   Intellectual property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
4. Member means a registered user of My Midwifery and Nursing CPD and is interchangeable with the term ‘Registered User’ or ‘Subscriber’.
5. My Midwifery and Nursing CPD means the services provided and owned by HealthStaffEd Pty Ltd and any of its websites or Apps.
6. HealthStaffEd Pty Ltd means the legal owner of all My Midwifery and Nursing CPD, MNCPD, My Nursing CPD websites and Apps content and services, and any associated entities, content or services. Whenever we use the terms My Midwifery and Nursing CPD, My Nursing CPD, or MNCPD we are referring to websites, apps and services wholly owned and operated by HealthStaffEd Pty Ltd.
7. Pay-as-you-go subscriber means a subscriber who has opted to pay-as-you-go by purchasing one or more packages of 3, 6 or 12 CPD hours.
8. Pay-as-you-go package means a package of 3, 6 or 12 CPD hours or any other package as made available on any of our websites or Apps.
9. Register means to provide your first name, last name and email address to My Midwifery and Nursing CPD for the purpose of gaining access to all of the free features of My Midwifery and Nursing CPD.
10. Sign-up means to register on My Midwifery and Nursing CPD using your first name, last name and email address.
11. Subscriber means any member or user who has paid a subscription fee as an annual subscription or as a pay-as-you-go subscriber.
12. Users means:
    • A visitor to the site: Someone who looks around at what we have to offer without signing-up, registering or subscribing; or
    • A registered user: Someone who registers their name, email address and any other given as part of the registration process so they can access our free features including our ePortfolio; or
    • A subscriber: Someone who has paid to access our paid features and provided us with details like their name, email, payment details.
13. Website means any access online via any means to any one of the websites owned by HealthStaffEd Pty Ltd and includes www.mncpd.com.au and www.mynursingcpd.com.au and www.mynursingcpd.com

Your agreement with us

5. You agree to all of these terms and conditions.
6. You agree that you will not use our property (this includes all of our websites and Apps designs and codes, all of our intellectual property) for any purpose other than the purpose it was intended. We have put a lot of time and energy into creating fantastic interactive learning modules for nurses and midwives. So, if you come to our site as a visitor or a registered user or as a subscriber, you agree not to rip us off by improperly taking our stuff and using or distributing it.
7. So, what is the intended purpose?
   
   The intended purpose of My Midwifery and Nursing CPD (as part of HealthStaffEd) is to provide the best CPD to every individual nurse and midwife in Australia at a great price. Our intended purpose of use is for individuals.
   1. Users are:
      • A visitor to the site: Someone who looks around at what we have to offer without signing-up, registering or subscribing; or
      • A registered user or member: Someone who registers their name, email address and any other details as part of the registration process so they can access our free features including our ePortfolio; or
      • A subscriber: Someone who has paid to access our paid features and provided us with details like their name, email, payment details.

If you are reading this, you are a user of My Midwifery and Nursing CPD.

8. You agree that you will only use the features of My Midwifery and Nursing CPD, including paid and unpaid features, for your own individual purposes – you won’t use our information or property to circulate to other people (even one other person) and you won’t use our information or property in a way that copies any part of it for any purpose.
9. You can’t reproduce, make copies of, or distribute to third parties the CPD content (or any part of a CPD module), articles, any tools, support materials or templates. You definitely can’t make or attempt to make any modifications, alterations or changes to our content or features and you can’t tell someone something of ours is yours.
10. Just so you know – My Midwifery and Nursing CPD can refuse to accept any person, organisation or entity from being a user of My Midwifery and Nursing CPD and we don’t have to tell that person why we won’t let them use My Midwifery and Nursing CPD.

Your agreement to pay and the contract

11. By submitting an order via the websites or Apps you warrant and agree that:
    1. You are capable of entering into a legally binding contract with HealthStaffEd Pty ltd via My Nursing CPD, you are authorised and able to make payment via the method you have chosen, the payment information you have provided is correct, and your purchase is not made for the purpose of commercial resale or for any other improper use.
    2. That if you are agreeing to purchase an annual subscription and opt for a quarterly payment, that you will keep your payment details up-to-date and that there will be sufficient funds available via your payment method for every one of the 4 quarterly payments at the time payment is due and any ongoing payments that you have agreed to.
12. A contract for purchase is formed once we have accepted your payment and issued you with a receipt number.

Price

13. All prices displayed on the websites and Apps are in Australian Dollars and inclusive of GST, unless otherwise indicated.
14. Where prices are increased, the increased price will be displayed on the websites and Apps. For annual subscribers, increased prices will only be effective upon renewal of the annual subscription and annual subscribers will not be charged any price increase following the expiry of your current subscription and a new subscription year has commenced.

Access to CPD modules and expiry of pay-as-you-go credits

15. Annual subscribers will have access to the entire library of CPD modules and any newly released CPD modules for as long as their annual subscription is current and paid.
16. Pay-as-you-go subscribers who purchase a pay-as-you-go package:
    1. Your credits will expire one year after purchase. They may be used any time before the expiry date.
    2. Once you open a CPD module, the CPD module remains accessible for a period of 1 year after which time, it is no longer available and in order to access the CPD module again it will need to be repurchased.

Certificates

17. A certificate of completion is issued to subscribers upon the successful completion of a CPD module and associated quiz.
18. The certificate of completion will automatically appear in the user’s My Midwifery and Nursing CPD ePortfolio and is downloadable and printable anytime.
19. Only one certificate of completion is issued for a module to an individual user per annum. Users may use and reuse the same CPD module, subject to these terms and conditions, however, in order to be issued a new certificate of completion, the module will need to be repurchased (via a pay-as-you-go package) or via a new annual subscription.
    
    This rule helps our members to avoid doubling up on their CPD unintentionally.

Cancellation and refund policy

20. My Midwifery and Nursing CPD will comply with all Australian laws and regulations relating to consumer rights.
21. It is the individual user’s responsibility to check before purchasing that their digital operating system is compatible with the content of My Midwifery and Nursing CPD (especially the CPD modules). Click here to see the compatible operating systems.
22. Once your payment has been successfully processed, you will have immediate access to the CPD module library:
    1. In the case of the purchase of an annual subscription, you will have immediate access to the entire suite of CPD modules for a period of 12 months from the date of purchase.
    2. You will be able to access all new CPD modules published as soon as they are published.
    3. In the case of the purchase of a pay-as-you-go package/s, you will have immediate access to the entire suite of CPD modules, up to the limit of your pay-as-you-go-package CPD hours. Your credit on pay-as-you-go packages expire one year after purchase.
       
       You will be able to access all new CPD modules published as soon as they are published, so long as you have sufficient credit in your pay-as-you-go package to access any particular CPD module
23. If you opted to purchase an annual subscription, your access to the entire suite is for 12 months from the date of purchase and no refunds are provided.
24. If your annual subscription is paid on a quarterly payment plan, you may cancel your subscription, however, you will be liable for the full payment of the 12 month period, less any amount already paid. Your payments shall continue to be deducted from your payment method until the subscription expires.
25. An annual subscriber who has elected to pay on a quarterly basis, may elect to pay any outstanding balance of an annual subscription at any time. Please contact helpdesk@mncpd.com.au
26. If you wish to cancel your subscription for the following year, simply go to ‘My Account’ then ‘Payment methods’ then click ‘Auto renew’ to ‘off’. This means you will not be charged any further fees following the expiry of your subscription.
27. In the event that you are unable to access a particular CPD module or part of a module, click here to check your operating system. You may need to update your operating system. If that fails, please contact us at helpdesk@mncpd.com.au.
28. Where access to CPD modules is restricted due to a technical issue, please read our Tech Stuff page.

Auto renew

29. We have selected ‘Auto renew’ to ‘on’ as the default setting. If you wish to cancel your subscription for the following year, simply go to ‘My Account’ then ‘Payment methods’ then click ‘Auto renew’ to ‘off’. This means you will not be charged any further fees following the expiry of your subscription.

Payment method, failure to pay, and suspension of annual subscriber account

30. Payment can be made with a valid credit card (Visa or Mastercard) or via PayPal.
31. We will deduct all amounts owing at the time of processing your order. We may deduct amounts owing from your payment method any time on or following the due date.
32. If you are an annual subscriber who has opted to pay quarterly, in the event that your payment method fails on two or more attempts over a period of 2 days, your account will be suspended (including your access to your ePortfolio). We will contact you via the email address you provided us and request that you update your payment method. We will continue to attempt to deduct from your account until payment is successful.
33. In the event that we are unable to successfully process payment with 30 days of your monthly subscription being due, we may commence debt recovery procedures.
    
    In the event that your account remains outstanding for a period of 30 days or more, the entire balance of your annual subscription will fall due and payable.
    
    As much as we hate doing it, we do report unpaid invoices to a credit reporting agency and this can detrimently effect your credit rating. So... annual subscriptions that are on a quarterly payment option need to be paid and if they are not paid we report in a manner consistent with all applicable laws.
    
    

Availability, viruses and access

34. While we will use reasonable endeavours to keep the websites and Apps available, things can go wrong. We are not liable to you if the websites and Apps or CPD modules or any other content are unavailable for any period of time. We make no warranty that your access to the websites and Apps will be uninterrupted, timely or error-free.
35. We do not warrant that the functions contained in any of the content or CPD modules on the websites and Apps or your access to the websites and Apps will be error free, that any defects will be corrected, that the websites and Apps or the servers which store and transmit material to you are free of viruses or any other harmful components.
36. You acknowledge and agree that we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions to the websites and Apps and that your use of the Sites may be interrupted or otherwise affected during those times.

Emails and notifications

37. We have a comprehensive privacy policy that explains how we manage your personal information. One of the things we are clear about – we do not sell, otherwise trade, or give any third party your personal details without your consent or unless we comply with our privacy policy. You can view our privacy policy by clicking here.
38. You agree that My Midwifery and Nursing CPD may send you emails or SMS notifications about new offers, new CPD modules and any other services and products that My Midwifery and Nursing CPD may have to offer. You may unsubscribe from these emails and SMS notifications anytime by going to ‘My Account’, ‘Notifications’ and clicking ‘opt out.’

Use of the ePortfolio, logging of CPD activities and My Midwifery and Nursing CPD authorised CPD hours

39. My Midwifery and Nursing CPD offers a number of benefits to registered users/members and subscribers. One of those benefits is the use of the ePortfolio and this is provided free of charge.
40. Subject to subscriptions being paid, registered users are able to create learning development plans, set learning priorities, manually log CPD activities, store evidence files, perform learning activity reflective exercises, log professional achievements, and track CPD hours from their professional (AHPRA) registration date. Registered users may download and print their ePortfolio anytime. The ePortfolio is private to each registered user.
41. My Midwifery and Nursing CPD has endeavoured to create the ePortfolio in compliance with the AHPRA and Nursing and Midwifery Board of Australia regulations and guidelines on record keeping for CPD, however we do not guarantee compliance and all users agree and acknowledge that it is for an individual practitioner to ensure that requirements for professional registration are met. If you would like to know more about AHPRA and CPD, please click here and go to our CPD and AHPRA page https://www.nursingmidwiferyboard.gov.au/codes-guidelines-statements/faq/cpd-faq-for-nurses-and-midwives.aspx.
42. All users agree that My Midwifery and Nursing CPD as fully owned and operated by HealthStaffEd takes no responsibility or liability for any omissions, errors, deliberate misuse (including dishonest use or reverse engineering), loss of content, or any other matter whatsoever arising out of the use of the ePortfolio.
43. Users agree that the management of the ePortfolio and any professional compliance issues is entirely a matter for the registered user.
44. Users agree that HelathSTaffEd Pty Ltd endorses the CPD hours allocated to each user upon completion of an online My Midwifery and Nursing CPD module activity, however, the hours endorsed are an estimate only.
45. Users agree that they will be entirely responsible if the hours taken to complete a My Midwifery and Nursing CPD module is less than the hours authorised. In this case, users should take remedial steps to ensure that their ePortfolio is a true and accurate log of the hours spent on CPD activities.
46. If the hours authorised by My Midwifery and Nursing CPD are less than the time taken for a user to complete the CPD activity, users may, at their own absolute discretion, choose to log additional manual hours, such that the CPD log book is a true and accurate log of the hours spent on CPD activities.
47. Users are advised to regularly check their ePortfolio to ensure that it is accurate and to protect against loss of any stored information and to ensure that information inputted has been stored.
48. For all subscribers (members), access to the ePortfolio is provided as for all registered users (members) and does not cease unless:
    • The user requests that they be removed as a registered user; or
    • The user account is suspended pursuant to these terms and conditions; or
    • At the absolute discretion of My Nursing CPD, a user is de-registered and no longer able to access My Nursing CPD as a registered user.
49. In the event that My Midwifery and Nursing CPD, in its absolute discretion, decides that the ePortfolio feature will no longer be available to any users or any group of users, My Midwifery and Nursing CPD will take all reasonable steps to notify registered users and reasonable efforts shall be that the registered users are sent an email at least three times over a period of at least three weeks, at the email address provided by the user.

Module feedback and comments

50. We invite all of our subscriber users to comment on our CPD modules. We do not guarantee or warrant that these comments will be published.
51. You agree to not use any derogatory or offensive language on the feedback or comments page and My Midwifery and Nursing CPD determines at its absolute discretion what constitutes derogatory or offensive language.
52. You agree that if you make a comment on our website or App, that the comment becomes our property and you transfer all rights to that comment to HealthStaffEd Pty Ltd.
53. You agree that we may, at our absolute discretion, use comments and feedback provided in any way we choose including for advertising and marketing purposes.

Disclaimer

54. We have a comprehensive Disclaimer – click here to access the details.

Privacy

55. We have a comprehensive Privacy Policy – click here to access the details.

Laws governing these terms and conditions

56. These Terms and Conditions are governed by and are to be construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts operating in the State of NSW.