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Privacy Policy & Terms of Use

The National Placement Evaluation Centre (NPEC)

Terms of Use

These Terms of Use apply to the use of:

  • this website (Website); and
  • the NPEC tools, resources, apps, registers, data, reports and all other functionality available on this website (NPEC Resources).

Use of some of the NPEC Resources may also require you to agree to additional terms or provide a more specific informed consent.

In these Terms of Use, ‘HESA’ refers to Health Education Services Australia Pty Ltd (ABN 32 628 996 181) as the owner of the Website and the NPEC Resources, and the terms ‘you’ and ‘your’ refer to each user or viewer of the Website and/or the NPEC Resources.

1. Acceptance of the Terms of Use

By accessing or using the Website or the NPEC Resources, you are deemed to accept these Terms of Use which, together with our Privacy Statement, governs HESA’s relationship with you in relation to the Website and NPEC Resources.

HESA may change the Terms of Use at our discretion and without notice. By continuing to use the Website and the NPEC Resources, you accept the Terms of Use as they apply from time to time. It is intended that these Terms of Use are legally binding on you and HESA. Your use of the Website and the NPEC Resources, and any dispute arising out of such use, is subject to the laws of the Australian Capital Territory, Australia.

2. Disclaimer of warranties

While the information and material available on the Website and the NPEC Resources is subject to quality assurances processes, it is also subject to continuing research, clinical experience, reasonable differences in opinions among authorities, unique aspects of individual situations and the possibility of human error in preparing the material. No representation or warranty (express or implied), except as required by law, is made as to the currency, completeness, accuracy, reliability, suitability and / or availability of the material.

The NPEC Resources are provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

There is no warranty that access to the Website or NPEC Resources will be uninterrupted or error free.

HESA reserves the right to and may at any time and without notice or any liability to you, modify or discontinue the Website and/or the NPEC Resources or delete the data you provide, whether temporarily or permanently.  HESA has no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data, material or services associated with the Website or the NPEC Resources.

3. Disclaimer of liability

You acknowledge that your use of any information or materials on the Website and in the NPEC Resources is entirely at your own risk and that the information or material may contain inaccuracies or errors.

To the maximum extent permitted by law, HESA expressly disclaims all liability (including for negligence) for any loss, damage, expense and costs incurred by any person arising out of accessing, downloading, using or relying on any of the Website or the NPEC Resources, including but not limited to:

  • use of the Website or the NPEC Resources for a purpose for which it was not intended;
  • any errors or omissions in the Website or the NPEC Resources;
  • any inaccuracy in the information or materials; or
  • any interpretations or opinions stated in, or which may be inferred from, the Website or the NPEC Resources.

To the full extent permitted by law, HESA, and its staff, agents and contractors have no liability for claims by, or loss, injury, cost expense or damages of any kind whatsoever to a user of the Website or the NPEC Resources, or any other person arising in connection with the Website or the NPEC Resources or any decision or action taken in reliance on the performance of the Website or the NPEC Resources. Excluded damages include, without limitation, direct, indirect, special, incidental or consequential damages.

4. Copyright and trademarks

All intellectual property rights in the Website content and the NPEC Resources, including (without limitation) text, graphics, all software, information architecture and coding and materials, is owned by HESA or licensed to us.  The Website and the NPEC Resources contain trademarks owned by HESA and third parties. You may not display or use in any manner any trademarks featured on the Website or the NPEC Resources without the prior written permission of the trademark owner.

You may:

  • access, use and download material from the Website content and NPEC Resources as available in accordance with the functionality of the Website and NPEC Resources for your own use only; and
  • use any reports or data sets generated from the availability functionality of the NPEC Resources, but only where permitted in accordance with the terms of a written licence included with the relevant NPEC Resource or otherwise granted by HESA to you.

Subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), you must not modify, reverse engineer, publish, transmit, distribute, participate in the transfer or sale, create derivative works from, or in any way commercialise or exploit, any of the Website content or NPEC Resources in whole or in part without the prior written permission of HESA.

The intellectual property rights in any information or data that you contribute to the Website, or through the NPEC Resources, will vest in HESA as the owner.

5. Links to other websites and third party resources

The Website and NPEC Resources contain links to other websites and third-party resources. These links are provided for your convenience only and HESA has no responsibility for the content of the linked websites or resources. Views or recommendations provided in linked websites or resources do not necessarily reflect those of HESA.

It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in linked websites or resources.

6. Additional requirements for use of the NPEC Resources

Without limiting any other clause of these Terms of Use, if you are a registered user of the NPEC Resources, or otherwise access or use the NPEC Resources, you must:

  • only use the NPEC Resources for your own lawful purposes, in accordance with these Terms of Use as amended from time to time;
  • ensure that your provision of any information or data to the Website, or through the NPEC Resources, is done in a professional manner and as accurately as possible, and does not infringe the intellectual property rights of any third party;
  • not attempt to undermine the security, integrity or functionality of the NPEC Resources; and
  • exercise all reasonable efforts to not transmit any harmful code or malware into the Website or NPEC Resources.

You remain solely responsible for complying with all applicable laws in connection to your use of the Website and the NPEC Resources.

7. Use of log-in and your confidentiality obligations

You are responsible for maintaining the confidentiality of your account password and are responsible for all uses via your registration and/or login whether authorised or unauthorised by you. You must inform us of any unauthorised use of your account.

You are responsible for maintaining the confidentiality of any data, information or resources that you download from the Website or NPEC Resources onto your computer.

8. Security, viruses, errors and availability

The internet is an insecure public network which means there are risks that material sent to or from the Website or the NPEC Resources may be intercepted, corrupted or modified by third parties. In addition, files obtained from or through the Website or the NPEC Resources may contain computer viruses, disabling codes, worms or other devices or defects that may be harmful or destructive.

You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks, and HESA accepts no liability for any interference with, or damage to, your computer system, software or data occurring in connection with your access of the Website or the NPEC Resources.

9. Feedback

You can use the Contact Us form to inform of us of any technical issues, feedback/comments or complaints regarding the Website or the NPEC Resources.

10. Privacy Policy Statement

HESA is a subsidiary company of the Australian Nursing and Midwifery Council (ANMAC), as such refer to the ANMAC Privacy Policy at:

https://anmac.org.au/sites/default/files/documents/ANMAC_Privacy_Policy_March_2013.pdf