Nursing the Nurse Pty Ltd
ACN 700 349 248
Website: www.nursingthenurse.com
Email: [email protected]
Postal address: PO Box 325, Toodyay WA 6566, Australia
Last updated: 5 August 2026
These Terms apply to the Nursing the Nurse website, mobile application, members area, communities, subscriptions, programs, courses, digital resources, coaching, events, physical goods and related services.
1. Introduction and acceptance
These Terms and Conditions (Terms) are issued by Nursing the Nurse Pty Ltd (ACN 700 349 248), referred to in these Terms as Nursing the Nurse, we, us or our.
These Terms govern your access to and use of our website, mobile application, members area, online communities, courses, digital resources, subscriptions, programs, coaching, consulting, events, physical goods and any related products or services we make available, together referred to as the Site.
By accessing or using any part of the Site, creating an account, purchasing any goods, services or subscription through the Site, or otherwise participating in an offering provided through the Site, you confirm that you have read and understood these Terms and agree to be bound by them in full.
If you do not agree to these Terms, you must not access or use the Site or purchase any goods, services or subscriptions through it.
If you access or use the Site on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms.
Additional terms may be displayed at the point of purchase or agreed in writing for a particular product, service, event, organisational licence or program. Those additional terms apply together with these Terms. If there is an inconsistency, the specific additional terms will apply to the extent of the inconsistency.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to access or use the Site, create an account or make a purchase.
By accessing or using the Site, you represent that you meet these eligibility requirements.
3. Who the site is for
The Site is designed primarily for nurses, nursing students, healthcare workers, health organisations and other people seeking general wellbeing education, professional development and personal development support.
The Site is not designed to provide shall not be used in any way for:
emergency or crisis support;
diagnosis or treatment of a medical or mental health condition;
individual medical, psychological, nutritional, legal, financial, workplace or employment advice;
workplace investigations, industrial representation or union representation; or
a substitute for care or advice from an appropriately qualified professional.
You are solely responsible for deciding whether the Site and any particular content, product or service are suitable for your circumstances and for obtaining independent professional advice where appropriate.
4. Educational information and professional advice disclaimer
All content made available through the Site is provided for general information and educational purposes only.
Content on the Site;
does not take into account your individual medical, mental health, personal, financial, legal, employment or workplace circumstances;
is not a substitute for advice from your doctor, psychologist, allied health professional, lawyer, financial adviser, union, employer or other qualified adviser;
does not establish a therapeutic, clinical, legal, employment, fiduciary or other professional relationship between you and Nursing the Nurse or any contributor; and
must not be relied upon as the sole basis for making decisions that may affect your health, safety, employment, finances or legal rights.
You should not disregard or delay seeking professional help because of anything you read, watch, hear or receive through the Site.
If you are in crisis, at risk of harm, or concerned about someone's immediate safety, contact emergency services or an appropriate local crisis service immediately.
Contributors and guest experts may express their own views. Those views are provided for general educational purposes and do not necessarily represent the views of Nursing the Nurse.
Testimonials, case studies and examples reflect individual experiences. You acknowledge that results and outcomes may vary. They are not promises or guarantees that you will achieve the same or any particular outcome.
5. Accounts, security and individual access
You may need to create an account and password to access some parts of the Site.
You agree that:
the information you provide is true, accurate, complete and kept up to date;
each account is personal to one individual user, unless we have expressly agreed to an organisational or team licence;
you will not share, sell, transfer or make your login details or paid access available to another person;
you are responsible for keeping your login details confidential and secure;
you will promptly notify us if you know or suspect that your account has been accessed without authorisation; and
you are solely responsible for activity carried out through your account by a third party using your login details, except to the extent that the access resulted from our breach, negligence or failure to take reasonable security steps.
We may require you to verify your identity or account information where reasonably necessary to protect the Site, other users or our legal interests.
We may suspend or restrict an account if we reasonably believe that the account is being shared, accessed without authorisation, used fraudulently, being misused or otherwise used in breach of these Terms.
6. Acceptable use and Community Code of Conduct
You must:
use the Site lawfully, respectfully and in accordance with these Terms and
comply fully with any Community Code of Conduct or any other policies published or updated by us or notified to you from time to time.
You must not use the Site to:
harass, threaten, intimidate, bully, abuse or mistreat another member, contributor, guest, contractor or staff member;
post, upload, transmit or share material that is unlawful, defamatory, discriminatory, hateful, sexually explicit, violent, threatening, exploitative or otherwise seriously offensive or harmful;
discriminate against or vilify a person or group based on race, ethnicity, nationality, sex, gender, gender identity, sexual orientation, disability, age, religion or another protected attribute;
impersonate another person or organisation, misrepresent your identity, qualifications or affiliation, or engage in fraudulent or misleading conduct;
disclose, upload or share confidential, private or identifying information about a patient, client, colleague, employer, member or other third party without lawful authority and appropriate consent;
share or republish another member's post, identity, image or personal information outside the Site without their permission;
infringe the intellectual property, privacy, confidentiality or other rights of Nursing the Nurse or any third party;
advertise, solicit, promote or sell goods or services, send spam, recruit members or collect contact details without our prior written permission;
upload malware or harmful code, interfere with security or functionality, attempt to gain unauthorised access, scrape or harvest data, or test the vulnerability of the Site;
circumvent access controls, copy-protection measures, payment controls or usage restrictions;
use the Site or its content to create a competing product or service, or to train, develop or improve an artificial intelligence system or automated model, without our prior written permission;
engage in conduct on or through the Site that is reasonably likely to materially harm the reputation of, or bring into disrepute, Nursing the Nurse, its staff, contributors or community; or
encourage, assist or permit another person to do any of the above.
Community areas may be visible to other users. You should not post information that you do not want other members to see. Although we may moderate community areas, we cannot guarantee that another user will keep your posts or information confidential.
We may remove or restrict access to content that we reasonably believe breaches these Terms or the Community Code of Conduct. We may also limit, suspend or terminate access where reasonably necessary to protect users, the Site, our business or a third party.
Where practical, we will provide notice and an opportunity to address a breach before taking significant action. We may act immediately where we believe the breach is serious, repeated, unlawful or creates a risk of harm, security compromise or material reputational damage.
7. Goods, services and order acceptance
We may offer goods and services through the Site, including physical products, digital products, courses, workbooks, templates, subscriptions, events, coaching, consulting and other educational services.
The description, price, inclusions, delivery method, access period and any product-specific terms will be displayed at the point of purchase or otherwise agreed in writing.
Your order is an offer to purchase. A binding agreement is formed when we accept the order by issuing an order confirmation, granting access, dispatching the goods or otherwise commencing performance.
We may reject or cancel an order where reasonably necessary, including because of a pricing or system error, unavailability, suspected fraud, inability to fulfil the order or a breach of these Terms. If we cancel an order after payment and no goods or services have been supplied, we will refund the amount paid for the cancelled item.
We make reasonable efforts to ensure descriptions, images and prices are accurate. Images are illustrative and colours, packaging or minor details may vary. Nothing in this clause limits your rights under the Australian Consumer Law.
8. Prices and payments
Unless otherwise stated, prices are displayed in Australian dollars and include any goods and services tax that we are required to charge. Delivery fees, transaction fees or other charges will be displayed before you complete the purchase where applicable.
You must pay the amount shown at the point of purchase using an accepted payment method.
By providing payment details, you confirm that you are authorised to use the nominated payment method and authorise us, our payment provider or the relevant app store to charge the amounts due.
You must keep your payment information current and ensure sufficient funds are available. If a payment fails, we or our payment provider may retry the payment, contact you, suspend access or require an alternative payment method. You are solely responsible and liable for any charges incurred by you as a result of charge backs or failed payments.
We do not store full payment card details where payments are handled by a third-party payment provider. Your use of that provider may also be subject to its terms and privacy policy.
9. Physical goods and delivery
Where you purchase physical goods, you must provide complete and accurate delivery information. You are responsible for additional delivery costs caused by incorrect, incomplete or outdated information supplied by you.
Any delivery timeframe is an estimate unless expressly stated otherwise. We are not responsible for delays outside our reasonable control, but we will take reasonable steps to assist with delivery issues.
Any shipping, return or product-specific conditions displayed at checkout apply in addition to these Terms.
10. Digital products, courses and services
Digital products, courses, downloads and other online materials are provided for your personal, non-commercial use unless we expressly grant a broader licence in writing.
You are responsible for having a compatible device, internet connection, software and any other technology required to access digital products and online services.
Access periods, session times, rescheduling conditions, attendance requirements and any other service-specific conditions will be stated at the point of purchase or in a separate agreement.
11. Memberships, subscriptions and trials
Some parts of the Site are provided on a subscription basis, including monthly or annual plans. We may also offer free, paid or discounted trial periods.
The subscription price, billing frequency, inclusions, trial period and renewal arrangements will be displayed at the point of purchase. Prices may change from time to time in accordance with this section.
Subscription fees are generally charged in advance. Unless cancelled before the next renewal charge, your subscription will automatically renew for another billing period of the same duration and the applicable subscription fee will be charged to your nominated payment method.
d may not be combined with another offer. We may refuse or withdraw a trial where we reasonably believe it is being misused.
11.1 Direct subscriptions
If you subscribe directly through our website, app or account billing area and we control the billing, your subscription will renew automatically until cancelled.
Before each direct subscription renewal, we will send a reminder to the email address associated with your account stating the upcoming renewal date and the amount scheduled to be charged.
You are responsible for keeping your email address current and checking your email, including junk or spam folders. A failure to receive a reminder because your contact details are incorrect, your mailbox is full or your email provider filters the message does not by itself cancel the subscription, provided we sent the reminder to the email address recorded on your account.
11.2 App store subscriptions
If you subscribe through the Apple App Store, Google Play or another third-party app store, billing, renewal notices, payment processing and cancellation are managed by that store. The store's terms and policies also apply. We cannot directly cancel or refund an app-store subscription where the store controls the transaction.
11.3 Trials
If a trial automatically converts to a paid subscription, the price, conversion date and billing frequency will be disclosed before you start the trial.
For a trial billed directly by us, we will send a reminder before the first paid charge. You must cancel before the trial conversion charge is processed to avoid being charged.
Unless otherwise stated, promotional trials are limited to one per person and may not be combined with another offer. We may refuse or withdraw a trial where we reasonably believe it is being misused.
11.4 Changes to price or inclusions
We may change subscription prices or inclusions from time to time. If a change affects an existing paid subscription, we will provide reasonable advance notice before the change applies.
A price change will apply from the first renewal occurring after the notice period stated in our notice. You may cancel before the changed price takes effect. Your continual use or access to the site after the renewal constitutes your acceptance of the price change.
We may update content, contributors, features and inclusions as the Site develops. If a change materially reduces the core value of a paid subscription, we will provide reasonable notice and any remedy required by law.
12. Cancelling a subscription
12.1 Direct subscriptions
You may cancel a direct subscription at any time before the next renewal charge:
through the subscription or billing settings available in your account or app; or
by emailing [email protected] with enough information for us to identify your account.
You are not required to email us if you have successfully cancelled through the available self-service billing settings.
An emailed cancellation request must be received before the next renewal charge is processed. A request received after a renewal charge has been processed will ordinarily take effect at the end of the newly renewed billing period, unless we agree otherwise or the law requires a different outcome.
When a direct subscription is cancelled, cancellation takes effect at the end of the current paid billing period. You may continue to access the relevant subscription services until that date
12.2 App store subscriptions
If you subscribe through the Apple App Store, Google Play or another third-party app store, billing, renewal notices, payment processing and cancellation are managed by that store. The store's terms and policies also apply. We cannot directly cancel or refund an app-store subscription where the store controls the transaction.
13. Refunds and Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded, restricted or modified.
13.1 Digital products and services
Except where required by law or expressly stated at the point of purchase, subscription fees already paid are non-refundable and no pro-rata refund is provided merely because you cancel before the end of a paid billing period.
13.2 Subscription cancellations
Except where required by law or stated in a product-specific refund policy, we do not provide change-of-mind refunds for digital products once they have been accessed, downloaded or delivered, or for services that have already commenced or been supplied.
13.3 Physical goods
Unless a different return policy is displayed at the point of purchase, a request for a change-of-mind refund for physical goods must be made within 30 days after receipt. We may require the goods to be returned in substantially original condition and may require you to pay return delivery costs, except where the law requires otherwise.
13.4 Events, coaching and other services
Cancellation, transfer, rescheduling and refund conditions for an event, coaching package, consulting service or other program may be stated at the point of purchase or in a separate agreement. Those conditions apply in addition to your rights under applicable law.
To request a refund or remedy, contact [email protected] and provide your name, order details and a clear description of the issue.
14. Our intellectual property
Unless expressly stated otherwise, all content made available through the Site, including text, videos, audio, images, graphics, logos, trade marks, course materials, frameworks, worksheets, templates, downloads, recordings, software, design elements and the selection and arrangement of content, is owned by or licensed to Nursing the Nurse.
We grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Site and its content for your own private, non-commercial purposes and only for the period for which you have lawful access.
Nothing in these Terms transfers or assigns any intellectual property ownership from Nursing the Nurse, a contributor or a licensor to you.
Unless permitted by law or authorised by us in writing, you must not:
copy, reproduce, record, photograph, screen-record, download, distribute, publish, communicate or share content with a person who has not purchased or been granted access;
sell, resell, license, sublicense, rent, commercially exploit or create a competing product from any content;
modify, translate, adapt or create derivative works from our content;
remove or alter any copyright, trade mark, attribution or proprietary notice;
use our names, logos, trade marks, branding or content in a way that suggests endorsement, partnership or affiliation without written permission; or
use content in a workplace, training program, group education setting, course, publication, automated system or artificial intelligence model without an appropriate written licence.
To request permission for workplace, organisational, educational, commercial or group use, contact us for a separate licence.
15. User-generated content
User-generated content includes comments, posts, messages, questions, reviews, files, images, recordings, resources and other material that you submit, upload, publish or share through the Site.
You retain ownership of the intellectual property rights you hold in your user-generated content.
By submitting user-generated content, you grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, adapt, display, communicate and moderate that content to the extent reasonably necessary to operate, administer, secure and improve the Site. This licence includes allowing our contractors and technology providers to process the content on our behalf for those purposes.
The licence continues for as long as the content remains on the Site and for a reasonable period in backups, archives or records required for legal, security or operational purposes for 7 years or the maximum duration the law permits, whichever is longer.
You confirm that:
you own the content or have all permissions needed to submit and license it;
the content is accurate to the best of your knowledge where it states facts;
the content does not breach confidentiality, privacy, intellectual property or other third-party rights; and
the content complies with these Terms and the Community Code of Conduct.
We may review, edit, restrict, move or remove user-generated content where we reasonably consider it unlawful, unsafe, inaccurate, inappropriate, harmful, or in breach of these Terms.
If you provide a review, testimonial, photograph, video or story specifically for public promotional use, or otherwise give us clear permission to use it for marketing, you grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free licence to reproduce, edit, publish and display it for that stated purpose. We will not use an ordinary private community post as a public testimonial without your permission.
If you send us feedback, suggestions or ideas about the Site, we may use them to improve or develop our business without payment or obligation to you, provided that we do not publicly identify you without your permission.
We will not sell, license, disclose or otherwise make your user-generated content available to a third party for that third party’s independent commercial use without your express permission.
We will not use your user-generated content to train, develop or improve a generative artificial intelligence or machine-learning model, or permit a third party to do so, without your express consent.
This does not prevent our authorised contractors and technology providers from processing user-generated content solely on our behalf where reasonably necessary to host, secure, moderate, transcribe, organise, search, support or otherwise operate the Site. Any such processing must be consistent with our Privacy Policy and subject to appropriate confidentiality, privacy and data-protection requirements.
16. Photo-Video Release and Consent
Some workshops, Huddles, events, interviews, coaching calls or other sessions may be recorded for replay, education, quality assurance or internal administration. Where a session is recorded, it will be indicated with a ‘recording’ label or announcement before or at the beginning of the session.
Depending on the platform and how you participate, a recording may capture your display name, image, voice, chat messages, questions or other contributions. If you do not wish to appear in a recording, you should not participate in the event. Your participation in the event signifies your consent.
17. Availability and changes to the Site
We aim to keep the Site available and functioning, but we do not guarantee uninterrupted, continuous, secure or error-free access.
A material outage means an outage affecting systems operated by us or our service providers that substantially prevents Users from accessing the core paid functions of the Site. It does not include access problems caused solely by an individual user’s device, internet connection, software or account settings.
Where planned maintenance is reasonably expected to materially restrict access to paid services, we will aim to provide at least 48 hours’ notice through email, the Site or an in-app notification, where reasonably practicable.
If an unplanned material outage occurs, we will notify affected users as soon as reasonably practicable after becoming aware of it, ordinarily within one business day. Where the outage continues, we will provide reasonable progress updates, ordinarily at least every two business days.
We will use reasonable endeavours to investigate and restore access as soon as reasonably practicable. We do not guarantee a particular restoration time where resolution depends on a third-party service provider or circumstances outside our reasonable control.
If a continuous material outage prevents access to the core paid service for more than seven consecutive days, we will, where appropriate, extend the affected subscription access by a period reflecting the outage, provide an account credit or provide another remedy required under the Australian Consumer Law.
We may reasonably update, replace, add or remove content, features, contributors or functionality. Where a proposed change will materially reduce or discontinue a core feature of an existing paid subscription, we will provide reasonable advance notice, ordinarily at least 30 days where practicable, unless the change is urgently required for security, legal, technical or safety reasons.
18. Events outside our reasonable control
We will not be responsible for a failure or delay in performing an obligation under these Terms to the extent that the failure or delay is caused by an event outside our reasonable control and could not reasonably have been prevented or overcome by us taking appropriate precautions.
These events may include:
natural disasters, bushfires, floods, storms, earthquakes or other severe weather events;
fire, explosion or widespread damage to facilities or infrastructure;
epidemic, pandemic, public health emergency or mandatory isolation measure;
war, terrorism, civil unrest, riot or industrial action not limited to our own workforce;
government action, changes in law, court orders, sanctions or restrictions imposed by a competent authority;
prolonged failure of electricity, telecommunications, internet or essential utility infrastructure;
a significant cyberattack, malicious software incident or widespread technology security event;
failure or disruption of an app store, hosting provider, payment provider, telecommunications provider or other essential third-party platform, where that failure is outside our reasonable control; or
another comparable event that prevents or materially delays the delivery of the Site, goods or services.
(collectively force majeure event)
If a force majeure event materially affects our ability to provide paid goods or services, we will:
notify affected users as soon as reasonably practicable after becoming aware of the material impact;
provide available information about the nature and expected effect of the disruption;
take reasonable steps to minimise the disruption and resume performance;
provide reasonable progress updates while a material disruption continues; and
resume the affected obligations as soon as reasonably practicable.
Our affected obligations will be suspended for the period and to the extent that performance is prevented, hindered or delayed by the force majeure event. Any obligation not affected by the event will continue.
If a force majeure event causes a continuous material loss of access to the core paid subscription service for more than seven consecutive days, we will, where appropriate:
extend the affected subscription access by a period reasonably reflecting the disruption;
provide an account credit;
offer a substantially equivalent alternative; or
provide another remedy required under the Australian Consumer Law.
If a force majeure event prevents us from supplying a paid event, service or physical product within a reasonable period and it is no longer reasonably practicable to provide an appropriate alternative, either party may cancel the affected supply. We will provide any refund, credit or other remedy required under the Australian Consumer Law, taking into account any part of the goods or services already properly supplied.
Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
19. Third-party services and links
The Site may link to, integrate with or rely on third-party services, including app stores, payment providers, video-conferencing platforms, hosting providers, analytics tools, professional resources and other technology services.
Links included in official Nursing the Nurse content may only be added by Nursing the Nurse or an authorised team member. Before publishing an external link, we take reasonable steps to confirm that:
the link opens and directs users to the intended website or resource;
the domain and apparent publisher are consistent with the organisation or source being referenced;
the resource appears relevant to the accompanying content; and
there are no obvious indications that the link is fraudulent, misleading or unsafe.
These checks are conducted at or around the time the link is published. Third-party websites, ownership, security, content and URLs may change after publication. We do not continuously audit every external website and cannot guarantee its ongoing accuracy, availability, security, privacy practices or legitimacy.
Unless we expressly state otherwise, links submitted in member posts, comments or other user-generated content have not been independently verified or endorsed by Nursing the Nurse.
If we become aware that a link is broken, misleading, unsafe or no longer appropriate, we may remove or replace it. Users must notify us if they identify or become aware of a suspicious or inaccurate link.
Your use of third-party websites or services is subject to their own terms and privacy policies. We highly encourage that you read and familiarise yourself with the Terms and Privacy Policy of all third-party websites and services. A link does not, by itself, mean that we endorse or guarantee the third party, its services or its content.
20. Privacy
We handle personal information in accordance with our Privacy Policy, which is available on the Site and forms part of these Terms.
By using the Site, you acknowledge that personal information will otherwise be collected, used, stored and disclosed as described in the Privacy Policy and as permitted or required by applicable law.
21. Suspension and termination
We may limit, suspend or terminate your account or access to some or all of the Site where we reasonably believe:
you are in breach of these Terms or the Community Code of Conduct;
your use is unlawful, fraudulent, abusive or creates a risk of harm or injury;
your account or payment activity presents a security or fraud risk;
you have failed to pay an amount due after reasonable notice; or
suspension or termination is reasonably necessary to comply with law, protect a third party or protect the Site.
Where the issue is non-material, non-urgent and can reasonably be remedied, we may, in our absolute discretion, provide written notice and a reasonable opportunity to remedy it. Unless we reasonably believe the circumstances require a different remedy period, we will ordinarily allow at least seven days to remedy the issue.
We may restrict or suspend access immediately where we reasonably believe urgent action is necessary to address unlawful conduct, fraud, harassment, a threat to safety, a confidentiality or privacy breach, unauthorised access, serious misconduct, cybersecurity risk or another serious, material or repeated breach.
Where we suspend access immediately, we will notify you of the reason as soon as reasonably practicable, ordinarily within one business day. You may contact us at [email protected] to request a review of the suspension decision.
Where payment has failed, we may provide payment reminders and a reasonable opportunity to update the payment method or pay the outstanding amount before suspending paid access.
If we terminate an individual’s paid subscription for operational or business reasons unrelated to that person’s breach, we will ordinarily provide at least 30 days’ notice where practicable. We will, at our option, a) allow access until the end of the applicable paid period or b) provide an appropriate pro-rata refund, c) account credit or d) alternative service where access ends earlier, unless the law requires otherwise.
You may stop using the Site at any time. Stopping use or deleting an account does not automatically cancel an active subscription, you will still have access to your subscription until the end of your current payment cycle or subscription period. You must cancel the subscription using the process in section 12.
On termination, your right to access the affected parts of the Site ends. Provisions that are intended to continue, including intellectual property, payment obligations, disclaimers, liability, indemnity and governing law, survive termination.
22. Disclaimer and limitation of liability
To the maximum extent permitted by law, the Site is provided on an 'as available' basis. We do not guarantee that the Site will meet every user's needs, be compatible with every device, or produce a particular personal, health, career, workplace or financial outcome.
You remain responsible for your decisions, actions and use of any information or resources provided through the Site.
Nothing in these Terms excludes, restricts or modifies liability, a consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
Subject to the paragraph above and to the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, loss of profit, loss of income, loss of opportunity, loss of data or reputational loss arising from your use of or inability to use the Site.
To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with the Site, these Terms or any goods or services supplied, whether in contract, tort (including negligence), statute or otherwise, is limited to the greater of: (a) the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim; or (b) $100.
We are not responsible for loss caused by your failure to follow professional advice, protect your account, maintain compatible technology or comply with these Terms, except to the extent that the loss was caused or contributed to by our breach, negligence or unlawful conduct.
23. Indemnity
To the extent permitted by law, you indemnify Nursing the Nurse and its officers, employees, contractors and agents against third-party claims, losses, liabilities, damages, costs and reasonable legal expenses arising from your unlawful use of the Site, your material breach of these Terms, or an infringement of a third party’s rights including intellectual property or privacy.
This indemnity applies only to the extent that the claim or loss was caused or contributed to by your act or omission. It does not apply to the extent caused by our negligence, breach or unlawful conduct.
Your liability under this indemnity is limited to the same cap that applies to our liability under clause 21 unless such liability is related to or arising from or in connection with;
a) infringement of third party rights,
b) willful misconduct,
c) fraud,
d) any harm caused to third party including personal injury
24. Changes to these Terms
We may update or modify these Terms from time to time to reflect changes in law, the Site, our products, our business practices or our risk and security requirements.
We will notify users of changes by email, by posting a notice or updated version on the Site, or through an in-app or account notification. The updated Terms will state the date on which they take effect.
Where a change is material and may adversely affect an existing paid subscription, we will provide reasonable advance notice. You may cancel your subscription before the change takes effect.
Your continued access to or use of the Site after the updated Terms take effect means that you accept the updated Terms. If you do not agree, you must stop using the Site and cancel any affected subscription before the next renewal.
25. Governing law and jurisdiction
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.
Subject to any rights you have under applicable consumer law, you and Nursing the Nurse submit to the non-exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from them.
26. General provisions
26.1 Entire agreement
These Terms, the Privacy Policy, and any additional terms presented at the point of purchase or agreed in writing form the agreement between you and us concerning the relevant use or purchase.
26.2 Severability
If a provision of these Terms is held to be invalid, unlawful or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining provisions will continue and be valid.
26.3 No waiver
A failure or delay in exercising a right does not waive that right. A waiver is effective only if it is in writing.
26.4 Assignment
You may not transfer or assign your rights under these Terms without our written consent (who’s consent will not be unreasonably withheld). We may transfer our rights and obligations as part of a genuine sale, restructure or transfer of the business, provided the transfer does not materially reduce your rights. We will notify affected users where reasonably practicable.
26.5 Electronic communications
You agree that notices and communications relating to your account, purchases, subscription, security, billing, access to the Site or changes to our services may be provided electronically using the email address associated with your account, through the Site or by an in-app notification.
26.6 Contact
Questions, complaints, cancellation requests and notices may be sent to:
Nursing the Nurse Pty Ltd (ACN 700 349 248)
Email: [email protected]
Website: www.nursingthenurse.com
Postal Address: PO Box 325, Toodyay, WA, 6566, Australia