PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Current Update (V.1.2) : May 2023

Previous update (V.1.1) : September 2021

Previous update (V1.0) : August 2021

Terms of Use of Website

Welcome to this Website. The Website is owned and operated by College of Nursing Education & Training Australia Pty Ltd (ABN: 39 651 414 032 and Nursing Education & Training Australia Pty Ltd (ABN: 88 641 245 187) (hereinafter “NETA”). By accessing our Website, participating in our Courses, or using our Services, you are agreeing to comply with and be bound by the following terms and conditions ("Terms"), which govern our relationship with you in relation to your use of our Website and our Services.

1. Acceptance of these Terms
   • By using our Website, participating in our Courses or accessing our Services, you signify your acceptance to be bound by these Terms as well as any and all other terms and conditions posted on our Website from time to time. If you do not accept these Terms, you must refrain from participating in any Courses or using the Website and the Services.
   • We reserve the right to amend these Terms from time to time. You need to ensure you review the Terms from time to time. Amendments will be effective immediately upon publication on the Website. Your continued use of the Services following such publication will represent an agreement by you to be bound by the Terms as amended. If you do not agree with the amendments, then you must stop using the Services. Your continued use of the Services is subject to the current Terms as amended from time to time.
   • In relation to the registration for Courses offered by us, you consent to the giving of information for the purposes of this Agreement by electronic communication (as defined in and for the purposes of the Electronic Transactions Act 2000 (NSW) and without limiting the generality of the foregoing, your consent and signature as to acceptance of these Terms will be completed by your ticking the acceptance box on our Course booking form.

2. DEFINITIONS
• ACL” means the Australian Consumer Law as set out in the Consumer and Competition Act 2010 (Cth).
• Business Day” means a day other than: a Saturday or a Sunday; or a day which is a public holiday in the Australian State where services are being delivered.
• Content” means any and all educational material, instruction manuals, training exercises and educational programs, including links, words, images, videos, PDFs, worksheets, eBooks or newsletters we make available to you through the Website or through any learning management system or any other online communication service or social media platform.
• Course” means any course of educational courses, training programs, or learning and development programs for the training of nurses that we offer through the Website or through any learning management system or any other online communication service or social media platform, including but not limited to online training conducted in real time and self-paced educational programs from time to time.
• "Course Fee(s)" means the fees charged by us to access and participate in any Course.
• "learning management system" means any software application used by us for the administration and delivery of any Courses.
• Services” means the provision of any Course or Content (or both), designed to assist you to engage in employment as a nurse in Australia.
• Website” means www.nursingeta.com.
• we”, “our”, “us” and “NETA” means Nursing Education & Training Australia Pty Ltd (ABN 88 641 245 187) and includes all directors, employees and contractors from time to time.
• you”, “your” means any person accessing our Website or using our Services (or both).

3. COURSES AND REGISTRATION
• We offer a variety of different preparation Courses such as preparation course for Outcome Based Assessment for internationally qualified nurses, Professional development courses. We are the leading provider of the National Council Licensure Examination (“NCLEX”) and Objective Structured Clinical Examination (“OSCE”) preparatory program.
• We offer Courses either face to face or via virtual classroom using Zoom, Google Meet and other social media platforms.
• We do not have specific English level language requirements, but we do ask students to specify their level of English during the registration process, so that we can place them in an appropriate Course.
• You must register in order to participate in our Courses, access and receive our Services, Content and any associated educational and training material or services. You need to first fill in your registration details that are required in the online form to gain access to the Website. You must also register for any Course offered by us and pay your Course Fees on or before their due date.
• By providing your credit card or debit card details or authorising payment in another way, you authorise us to deduct the Course Fees from your credit or debit card or other nominated payment method. We do not store your payment details in our server.
• We may, from time to time offer different Courses, change the Course Fees or change the Content. We will use reasonable endeavours to notify you of any material changes and you may terminate your registration with the Website at any time in accordance with our cancellation terms.

4. ACCESS TO OUR WEBSITE
• To be eligible to access our Website and to receive our Services and Content, you acknowledge and agree to the following:
• You will not share your password or login details with any other person, and you will keep your contact, payment and other information updated;
• You warrant that all information you provide is true, accurate, correct and up-to-date;
• You will not transfer, sublicense or grant access to any of our Services to any other person, company, or business except as agreed in these Terms;
• We must receive your payment on or before the due date for payment. If we do not receive your payment when it is due, you will not be granted access to the Services; and
• We provide you with our Services, Content and any associated educational and training material or services to assist you in your own career or for your personal education. We do not, at any time guarantee any income, job opportunities, career development, business, increase in revenue, traffic or otherwise.

5. HOW PAYMENTS WORK
• Our payment structures are as follows:
• For National Council Licensure Examination (“NCLEX”) Courses, the Course Fees are varried and devided in to multiple tiers (Complete Online Access- $500, Complete Online Access Plus- $800, All Inclusive- $1,100 and Chinese special NCLEX- $2,300) payable by way of a one-off upfront payment.
• For Objective Structured Clinical Examination (“OSCE”) Courses, the Course Fees are varried and devided in to three tiers ( Complete OSCE Online- $1,500, Complete OSCE Online Plus- $2,500 and All Inclusive OSCE is $3,500) payable by way of a one-off upfront payment or instalment plan.
• For Outcomes Based Assessment (“OBA”) Courses, the OBA Package courses fees are veriable depending on tier selected, payable by way of an instalment plan as follows:
  • An upfront payment of $800, payable before commencing the Course.
  • A non refundable deposit of $500 towards the OSCE component, payable within 15 days after commencing the OBA preparation Course.
  • A remaining balance payment for the OSCE component, payable before commencing the OSCE component.
  • Once the OBA Course has been commenced, no refunds are available (unless required by the ACL or other applicable laws).
  • If you enrol in an OBA Course and do not finish it, the deposit paid towards the OSCE component is non-refundable (unless required by the ACL or other applicable laws).
  • Once access is granted to the course, fees paid are non-refundable. (unless required by ACL or other applicable laws)
  • Fees apply for extension of courses. Refer to fees and payment plan section of the website.
  • We may add or remove our services time to time as per the business need without prior notice.
  • For the RN Kickstarter program, the program fee is $129, payable by way of a one-off upfront payment.
  • For CPD courses, various fees apply (refer to fees and payment plan page in the website). CPD fees are payable by way of a one-off upfront payment.
• Our Course Fees may be updated from time to time. If you are taking additional Courses in future, you need to check these Terms for up-to-date Course Fees. The applicable Course Fees will be the ones that are published in these Terms at the time that you register for your Course. Refer to fees and payment plan section of website for more details.

6. REFERRAL GIFT CARDS and MARKETING Terms
• We offer Visa/Mastercard gift cards as a referral bonus (“Gift Cards”).
• If you have completed any of our Courses, and you refer another student to us, who also completes any of our Courses, then you may receive a non-transferrable Gift Card to a value of up to $500 as a thank you gift.
• The Gift Cards may be used to purchase goods or services wherever they are accepted.
• You may not distribute or use any of our logo, name, Website, or Content for the purposes of your promotional activities except with our prior written agreement. You also may not on-sell any Gift Cards-they are for your personal use only.
• You agree not to market our Courses, as part of any referral, in any manner that is not agreed by us. In particular, you agree at all times to ensure that our reputation is not damaged by your marketing or promotional activities, or those of your employees, contractors or agents. You agree that you will only promote our Courses, our Website and our business with the utmost good faith.
• You agree that you will not discount, promote special offers, or otherwise offer the Courses in any manner which has not been previously agreed in writing by us.
• You agree that all promotional offer and special fees are non refundable and non transformable.
• You warrant that you, at all times, will abide by the ACL when promoting our Courses, our Website or our business.
• You warrant that you will not provide, share, write or make any negative, false, untrue or otherwise inappropriate endorsements, comments, posts or other public statements relating to the Courses, the Website, our business or us. You agree to, at all times, abide by all local consumer and other laws in the state or territory where you are marketing, referring and endorsing the Courses, the Website or our business.

7. DELIVERY OF COURSES AND CONTENT
• In addition to Courses, Content and other material delivered to you via the Website, we may offer program courses to be wholly or partially delivered using other communication media, including but not limited to, Zoom, Google Meet and other social media platforms, as well as email delivery of Courses, Content and other material.
• You need to ensure you have the appropriate technical software, hardware and internet connection to receive our Services and Content. The Content related to any Course is available and accessible for one year from the date of completion of any Course.
• As we are an online business, our primary means of communication with you is via the email address you provide to us. We will not be responsible for any missed communication or delivery due to the email address being incorrect. Please ensure you have provided your correct and accurate email to receive our communications and keep it updated in our files.
• if you have not received acknowledgment of your registration for a Course, please check your email address provided to ensure it is correct and also your spam folder in the event you have not added us to your address book. Otherwise please contact us at: 1300 00 6382 (NETA) so we may try to assist.
• Our Course Content is available for a maximum period of 12 months. Each course has different maximum access period, please refer to your course description for the details.

8. GENERAL INFORMATION DISCLAIMER
• The Content and any associated educational and training material for our Courses and all other digital materials we supply to you (together "Materials") is for general information and educational purposes only. Nothing contained in these Materials is, or is intended to be, construed as advice. We are only providing you with facts, information, insights and educational material to assist you to improve your knowledge in relation to the nursing profession. You need to decide what may work best and is suitable for your own personal or professional needs. It does not constitute nor should it be treated as formal advice of any type or nature and we do not guarantee any particular results.
• You need to make your own enquiries and analysis to determine if any of the information is suitable for your own particular purposes and suitable for your situation. You are solely responsible for your own progress and completion of our Courses. We cannot and do not guarantee any particular result, outcome, certification or job as a result of your enrolment in or completion of any Course.

9. CONTINUING PROFESSIONAL DEVELOPMENT
• You are responsible for:
• establishing whether any Course you register for and participate in qualifies as Continuing Professional Development ("CPD") for you to earn CPD points; and
• demonstrating you meet the CPD requirements of any professional body of which you are a member or you are regulated by.
• We will issue you with completion certifications, when requested by you, confirming your participation in, and completion of, any Course in which you register and successfully complete.
• In any event if you cancel your registration or, or withdraw from any Course before completing the Course, no CPD points will be earned by you.
• Our CPD Courses are delivered by Australian Registered Nurses and Nurse Educators.

10. CANCELLATION, REFUND AND TERMINATION
• We at all times abide by the ACL in relation to any refunds, returns and replacements of goods or refunds or delivery of services.
• We do not provide any refunds if you change your mind or student discovers they can buy the training more cheaply elsewhere.
• We do not provide any refunds or exchanges for any Services that have already been provided, unless otherwise required by law.
• All Promotional fees are non refundable and non transferable, unless otherwise required by law.
• Any deposit paid to book classes is non-refundable, unless otherwise required by the ACL or any other applicable law.
• For package Courses, if you are not able to complete the duration of the Course, you are not entitled to a refund for any unused part of the Course.
• In the event that we suspend or terminate your registration in a Course on the grounds of your failure to comply with these Terms or any of our other terms or codes of conduct, policies, or rules, you will not be entitled to any refund. If you choose to reapply for a future Course, you will have to pay the full Course Fees for that Course.
• If a Course is cancelled by us at any time, you will have the option of rescheduling to another date or receiving a full refund of any Course Fees.
• We may, in our sole discretion, charge an administration fee for our costs incurred in processing any refunds of Course Fees.
• In the event that you are entitled to a refund, all refunds will be paid in the same manner and to the same account that the Course Fees were initially paid. If the Course Fees were paid via an agent, the refund will be transferred to the agent.
• We are not responsible for the agency fee you paid to the Education Agency (EA).
• When a refund is applicable and the student has paid the course fee through an agent, the commission deducted from the course fee by the EA will be refunded by the EA as part of the total refund.
• In the event that you are unable to attend any Course that is scheduled to take place at a specific date or over a specific period of time (not including any self-paced educational or training program), a minimum of fourteen (14) Business Days notice is required to permit us to offer the place on such Course to another person.
• In the event that you choose to withdraw from the Course, you may be entitled to a partial refund, as follows:
• If you request a refund 30 days prior to Course commencement – you may receive a full refund minus a $100 dollar cancellation fee.
• If you request a refund 21 days prior to Course commencement – you may receive a 50% refund minus a $100 dollar cancellation fee.
• If you request a refund 14 days prior to Course commencement - no refund (unless otherwise provided by the ACL or other applicable laws).
• If you do not attend your Course and have not previously cancelled – no refund (unless otherwise provided by the ACL or other applicable laws).
• We offer trial classes before enrolment if requested. Do not enrol to our courses if this is not right product for you.
• Cancelling your registration with the Website:You are solely responsible for cancelling your registration. You must cancel in writing by notifying us at info@nursingeta.com and receiving our confirmation.
• Suspension or termination of your registration with the Website at any time:We have the right to terminate your registration with the Website and deactivate your access to the student portal for any reason, at any time for breach of these Terms. You agree that we may, in our sole discretion, terminate or suspend your access to the Website with or without notice and for any reason, including, without limitation, failure to pay your Course Fees when due, or any other breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
• Upon such suspension or termination, regardless of the reasons, your right to use the Website immediately ceases and you acknowledge and agree we may immediately suspend your access to, deactivate or delete your account and all related information and files. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
• We are not required to refund any Course Fees or part thereof to you for such suspension or termination of your registration with the Website or registration to participate in any Course where you have breached our Terms. Any refunds will be determined in accordance with these terms or otherwise in our sole discretion.

11. OPERATION OF WEBSITE AND CONTENT
• We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or the Website. In particular, we may remove, add to or modify Content at any time without notice. We will not be liable to you or any third party for any modification when it is required.
• We make no representation that the operation of the Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

12. LIABILITY
• You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Website, the Services, Content or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
• This limitation of liability clause applies to any reliance by you on the information on the Website, or your access to or inability to use the Website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on the Services. While we endeavour to keep the Website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the Services for any particular purpose and we provide them for your informational purposes and based on our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
• Certain legislation including the ACL, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified ("Statutory Rights").
• Our liability is governed solely by the ACL and these Terms.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
• For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
• Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
• Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

13. INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT
• All Content, custom graphics, icons, logos and brand names are our copyright works and other materials or are registered trademarks or service marks, unregistered trade or service marks that either belong to us or are licensed to us. Your rights to use our Content, custom graphics, icons, logos and brand names do not extend beyond the limited license expressly granted in these Terms.
• You agree and acknowledge that we retain all right, title and interest in the Content and Services, and any other intellectual property rights contained or embodied within the Website or the Services.
• Any unauthorised use of the Content and other material appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
• All Content provided to you, or presented to you during any Course, is our confidential information that is provided to you for the sole use of your participation in a Course. It is not to be shared, on-sold, used commercially or used for any other purpose other than your personal use.
• Confidentiality obligations survive and continue in the event of any dispute or termination of the contractual relationship and, in any event, after the delivery of the Services.

14. FORUM
• We provide a group forum (“Forum”) which students may use to discuss the Courses they are currently undertaking.
• In using the Forum you agree to the following:
• Any recommendations, comments, information, experiences or other discussions you may participate in (“Comments”) in the Forum must comply with these Terms and be made in the spirit, culture and ethos of learning together in a positive and supportive manner.
• Confidentiality is paramount to any group session. You acknowledge that all discussions, conversations and, in particular, any identification of any individual is to be kept confidential and not to be discussed or disseminated at any time outside the Forum. In the event of any breach of this fundamental rule, immediate termination will result and legal action may be taken. This clause survives termination of our Services.
• Comments are not permitted that:
  • use aggressive, rude or offensive language;
  • encourage illegal intent including false claims, defamation, harassment, fraud and collusion;
  • solicit business (except for recommending or promoting our other Courses in accordance with these Terms;
  • are abusive or malicious against or may offend any other participant, our staff or any third party;
  • are objectionable or rude; or
  • may be considered bullying behaviour.
• The Comments and your experiences are meant to try to help other students, be supportive, and to share your guidance and information. Our aim is to encourage helpful comments and feedback in a safe and secure environment and we hope that you will assist, benefit from and enjoy this initiative. We ask that you carefully consider any Comments that you provide and the impact they may have in a respectful manner.
• You understand and agree that we may moderate any Comments and ban any person that, in our sole judgment violates these Terms, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of other students. You may be banned from accessing the Forum and our Services at any time, without notice, and in our sole discretion. No refund will be provided in the event that we ban you for breaching these Terms.
• You understand and agree that we will take any other action, where required, against any person that does not abide by these Terms or where action is taken against us by any person, visitor or third party as a result of your Comments.
• Opinions, advice and all other information expressed by participants in discussions or Comments are those of the participant and not us. You rely on and/or act on any such information at your own risk and need to make your own enquiries before taking any action related to any Comment.
• Any action you choose to take with any other participant or person in any group, outside the Forum or the Courses, or indirectly through our Services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting, setting up social media groups or other activities with anyone, is at your own risk. We are at no time responsible for or liable for any action you may choose to take under any circumstance.

15. DISCLAIMER FOR CONTENT AND LIMITATIONS ON USE      
• Content may be provided to you from time to time during the provision of the Services. All Content will be provided without warranties of any kind, either express or implied.
• You will not reproduce the Content or use it for any purpose other than your personal private use; in particular, you agree not to:
• sell, license or distribute Content to third parties or use Content as a component of or as a basis for any material offered for sale, license or distribution;
• store or use Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of such database or other storage facility; and
• in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content or any part or portion of the Content in any form or by any means.

16. PRIVACY
• We may collect information from you in order to operate our Website and to provide our Services.
• We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is collected, stored and used.
• For details of how we collect and manage private information please refer to our separate Privacy Policy.
• We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

17. DISPUTES
• If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time will any communications or discussions be made public; including but not limited to by publishing such information on any social media platforms or websites of either party. Any public discussion or comments about either party which are considered defamatory, negative or otherwise damaging may be the subject of compensation in any mediation or litigation claim.
• In the event of any dispute about the Services or Content or any aspect of these Terms, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

18. RELATIONSHIP
• The parties to this agreement are independent contractors, and nothing in these Terms will be construed as creating any relationship of agency, employment, joint venture, partnership, franchise or sales representative.

19. FORCE MAJEURE
• Neither party to these Terms will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, epidemic, pandemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

20. SEVERANCE
• In the event that any provision of these Terms is found to be unlawful, invalid or otherwise unenforceable, that provision will be deemed severed from the remainder of these Terms. The remainder of these Terms will be valid and enforceable.

21. GOVERNING LAW
• These Terms are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the courts of New South Wales for determining any dispute concerning these Terms.

22. AGREEMENT

By ticking I agree button up on enrolment of course, I have read and agreed to these Terms.