Nursing Times Terms & Conditions of Use

This is nursingtimes.net, a website operated by Emap Limited (Emap). Your use of this website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the website.

Advertising Terms

Nursingtimes.net is aimed specifically at nurses and other healthcare professionals with a interest in nursing care. As such our website and emails carry advertising from pharmaceutical and medical devices companies promoting individual products. All such advertising is intended only for our specified audience and not the general public. By registering to receive any content from us you confirm you are a healthcare professional and therefore suitable to receive relevant medical information and advertising as detailed above.

Additional Terms

Additional terms will apply to any transaction that you make through this website and to our use of your registration and other personal data (see Privacy Policy).

Copyright

The copyright and all other rights in the material on this website are owned by us or are included with the permission of the owner of the rights.

As a visitor to this website, you may, subject to what is said below, download a single copy of the material on this website on a single computer for your own private viewing purposes only. Single copies of pages from this website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No photography, filming or broadcast of the pages of this website is permitted without our prior written consent. Subject to this paragraph, all rights in material on this website are reserved to Emap.

Prohibited Use

You agree not to use this website:

• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms;
• to disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• in any way that might infringe third party rights or that might bring Emap or any of its subsidiaries into disrepute.

User-Submitted Content

If you send any text, images, audio or other content to this website you accept that the files sent become the sole property of Emap and that we shall have the right to use that content in perpetuity, throughout the world, in all known and discovered mediums and for all purposes and we shall have the right to make it available to the public on this website and otherwise. All material must comply with the online forum rules, set out below. We may require you to confirm the rights granted in this paragraph and where requested to do so you shall provide all reasonable assistance to us.

The information and availability

Whilst we take every care to ensure that the information on this website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

No Reliance

The information on this website does not necessarily reflect the views and opinions of Emap or any of its brands. Neither should any suggestions or advice contained on this website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts and opinions given on this website before entering into any commitment based upon them.

Links to Other Websites

On this website you may be offered automatic links to other websites. Whilst we hope you will be interested in those websites, you acknowledge that their owners may be independent from us and we do not endorse or accept any responsibility for their content.

Computer Viruses

We will use reasonable endeavours to ensure that the website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the website.

Trade Marks

The following are trade marks of Emap or its parent or sister companies and which may be registered in certain jurisdictions:

1. Emap

2. Nursing Times

3. Emap Limited

No use of these trade marks is to be made by you except for the purpose of referring to Emap or its associated brands lawfully and in good faith only.

Registration

On certain parts of this website we may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “registration data”) and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete.

Our use of registration data and certain other information about you is subject to our Privacy Policy (see Privacy Policy).

Your User name and Password

The registration processes on this website will involve you being allocated with a unique user name and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your user name and password, and are fully responsible for all activities that occur through your website account. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security, and (b) ensure that you exit from your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

Online Forums - Rules of Acceptable Use

Reader response and any pages of the website where you are capable of posting material are provided for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the website that is inconsistent with those stated intentions is strictly prohibited. Your use of these forums and the website generally is subject to the following terms which, by your use of the forums and the website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):

• You may not use obscene or offensive language.
• You may not place on the website any material which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate.
• You may not post any material on the website which compromises the privacy or security of anyone other than yourself.
• You may not place on the website any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
• You may not place on the site any material belonging to any person other than yourself without the prior written consent of the owner of it.
• You may not place on the website advertisements or make commercial solicitations.
• You may not place on the website any material that authorises, enables or encourages the dissemination of junk mail or chain letters.
• You grant Emap the unrestricted right to use, reproduce, translate and distribute any material you place on the site.
• Whilst we do not pre-screen submissions placed on our online forums, we do have the right (but not the obligation) at our sole discretion to review, edit, move or delete any material submitted to our online forums.
• Emap accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these rules of acceptable use.
• You agree to indemnify Emap and their representatives and employees from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions to our online forums, from any unauthorised use of material obtained from our online forums or otherwise from your breach of our Rules of Acceptable Use.

Removal of Content

We will not view or edit or pre-screen any contribution that you or anyone else make to the forums or to the website generally and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the website. We, and others that we designate, shall have the right (but not the obligation) at our sole discretion to refuse or remove any content that is posted to, or available on, the forums or the website without the need to give any reasons for doing so.

Content Objections

If you object to the publication of any material placed on our online forums (or anywhere else on this website) please let us know by calling 0207 728 3532 or by sending an appropriately worded email to nt@emap.com and we will take whatever action we deem appropriate.

Competition Terms & Conditions

These rules apply to all prize promotions including free draws, prize competitions and instant win offers. Depending on the nature of the competition there may be additional rules.

1. Promotions are open to UK residents aged 18 and over.
2. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
3. Emap and the promoter reserve the right to substitute the prize for another prize of equal value.
4. NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on the promotional activity with a specific competition.
5. By entering the prize draw, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the promotion.
6. By entering the promotion, the entrant agrees to these terms & conditions of use and the terms of the Privacy Policy. In addition, Emap may pass your personal information to the promoters and their data processors. However, we always demand that those parties adhere to the same security procedures that we follow ourselves.
7. It is assumed that by entering competitions which, if won, could result in time off work, your employer is in agreement to time off. When dates are specified they cannot be altered.
8. Depending on the nature of the prize, its use or enjoyment may be subject to further conditions or restrictions.
9. Winners will be notified by email on the day of the draw. Winners have five (5) business working days to respond in full to the email or another winner will be drawn.
10. By entering the promotion, the winner(s) consent(s) to any publicity generated as a result of the promotion, and use on this website at any time.
11. Prize draws are open to all residents of the UK, except employees of Emap Limited (and its subsidiaries), the promoter and their immediate families, the promoters advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the promotion.
12. The website editor’s decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
13. Only one entry per person. Spammers will be disqualified.
14. Emap will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
15. The promotional draw is held by Emap.

Other Promotions and Competitions

From time to time, we (or selected third parties) may include competitions, promotions or other offers on this website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

Severability

In the event that any term of these Terms & Conditions of Use is held to be invalid or unenforceable, the remainder of these Terms & Conditions of Use shall remain valid and enforceable.

Variation of these Terms & Conditions of Use

Emap reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions of Use on the website. By continuing to use the website you will be deemed to accept such variations.

General

Nothing in these Terms & Conditions of Use shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms & Conditions of Use, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.

These Terms & Conditions of Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.

Nursing Times Learning Terms & Conditions

Introduction

Please note the disclaimer in paragraph 7 and the limitation on liability in paragraph 7. If you would like to use any of our material in a way not covered by these terms, please contact us at nt@emap.com

Authority

Emap authorises you to use the Service for the purpose of completing training modules on condition that (a) you comply with your obligations under this agreement; and where appropriate you are a (b) Nursing Times subscriber; and (b) the Subscription Fee is paid.

This authority starts when you enter into this agreement in accordance with paragraph 1.2 and the Subscription Fee is paid and ends (a) if the Subscription Fee expires without being renewed; or (b) if this agreement is terminated under paragraph 8. The Subscription Fee expires at the end of the period specified in the Subscription Fee invoice.

1 Contract Formation

1.1 This is the website for the Nursing Times Learning Site ("the Site"), a [publication] owned by Emap Limited ("Emap"), a company registered in England under number 537204, registered office Greater London House, Hampstead Road, London, NW1 7EJ.

1.2 When you press the "I accept" button at the beginning of the training module, a contract between you and Emap, incorporating these Terms and Conditions, will come into force.

1.3 Emap reserves the right at any time to add to, change or delete from the services it provides and the facilities available via this site (the NursingTimes.net) and may vary these terms and conditions by posting changes to the site.

1.4 In return for Emap providing access to the Site and its training modules, you agree to these Terms and Conditions.

2 The Site and Services

2.1 Emap aims to make the Site available 24 hours a day, seven days a week, but reserves the right to suspend access to the Site and any or all of the training modules at any time, without notice, for maintenance purposes, or if Emap suspects that there has been any breach of security, a breach of these Terms and Conditions, or any unlawful use of the Site or the training modules. Emap may, at its discretion, restrict the use of the Site or limit their availability.

2.2 Access to and use of the Site will be conditional on you meeting certain criteria, such as your qualifications and length of qualification. Emap reserves the right, at its discretion, to introduce new criteria and to change any criteria from time to time.

3. Variation

3.1 Emap also reserves the right to introduce charges, terms and conditions relating to the payment of those charges, and to review and amend charges for access to the Site. You will be given at least 30 days' notice of any new payment terms and conditions or any new or increased charges, and the opportunity to cancel your membership before those charges or terms come into effect.

4 Your Obligations

You will, when accessing or using the Site:

4.1 Act in a professional and ethical manner;

4.2 Not send unsolicited e-mail, or send or post any message which is disruptive or which generates complaints;

4.3 Not post the same or similar messages to large numbers of newsgroups (e.g. excessive cross-posting or multiple-posting, commonly known as "USENET spam");

4.4 Not flame, hack or obtain unauthorised access to any data or system;

4.5 Not introduce into the Site or any Emap service, any virus, logic bomb, harmful code, trojan horse or anything else that might corrupt, damage or render inaccessible any software, data or system;

4.6 At your own expense (subject to any special arrangements for you negotiated by Emap with any service provider) obtain, install, and maintain suitable equipment and software and Internet access or connection services to access the Site and the Emap services;

4.7 Comply with all your obligations to third parties such as internet service and software providers;

4.8 Not seek redress from Emap if you suffer loss or damage, or if you are harmed, defamed or offended by material, information, products or services which you accessed or obtained through the Site or any Emap service;

4.9 Not post or send any libellous, defamatory, obscene, derogatory, menacing, offensive, pornographic, or indecent material to the Site or via any Emap service. (Any comments posted that imply that another member is suffering from mental illness are considered to contravene these terms and conditions);

4.10 Obtain all necessary permissions if you use the Site or any Emap service to receive, upload, download, display, transmit, distribute, perform or execute materials, programs or other works protected by intellectual property rights or rights of privacy or confidence; and

4.11 Comply with all applicable laws, regulations and conventions, including those related to privacy, personal data, international communications, or the export of technical data.

5 Your Personal Data and Other Information

5.1 Emap will use your personal data only in accordance with its Privacy Policy and shall disclose to third parties for the purposes of fulfilling its obligations under the contract with you.

5.2 Emap and/or its contractors may monitor and record your use of the Site and the Emap services.

5.3 No information which is posted to this site or sent via any Emap service will be treated as confidential. For the avoidance of doubt, this does not include e-mails, which are treated as confidential.

6 Intellectual Property Rights

6.1 The Site, its contents and information, and the Emap services and their content and information, are protected by copyright, database rights and other intellectual property rights.

6.2 Subject to any conditions specific to any service, you may read, print and download parts of the material and information on the Site or through any Emap service for your private, non-commercial use or use in the ordinary course of the your profession, but you may not make any profit from the use of that material or information nor republish, disseminate or transmit any of it, or exploit it for any commercial purpose, or make any derivative work, or copy it for any other purpose without first obtaining Emap's written permission, or that of the rights owner.

To seek permission please contact: nt@emap.com

6.3 You must not post to this website, or send, using any Emap service any data, software, or other work or material that infringes the intellectual property rights of Emap or any third party.

7 Limitations and Exclusions of Liability

7.1 Emap tries to ensure that any information and content on the Site or available through its services that has not been supplied by a third party is accurate, but it makes no representation and gives no warranty that any information or content is accurate, up to date or complete. It accepts no liability for any loss or damage caused by inaccurate information or content.

7.2 If you find any inaccurate, out of date or incomplete information or content on the Site or in any Emap service, or if you suspect that something is an infringement of any intellectual property right, you must let Emap know immediately by contacting nt@emap.com.

7.3 You should independently verify any information and content on the Site or made available to you through any Emap service before relying on it. The information and content are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by Emap and are not intended to be relied upon in making (or refraining from making) any decision. The information and content on and through the Site are not, and the Emap services are not, substitutes for the exercise of professional judgement. If you are not qualified nor experienced enough to make that judgement, you should take professional advice.

7.4 The Site, its content and all Emap services are provided "as is". Emap gives no warranty that this site, its content or any service is error-free or will be available without interruption, or at all. Healthcare knowledge is constantly changing. As new information becomes available, changes in treatment, procedures, equipment and the use of drugs become necessary. The authors and editors have, as far as it is possible, taken care to ensure that the information given in this unit is accurate and up to date at the time it was created. However, users are strongly advised to confirm that the information, especially with regard to drug usage, complies with current legislation and standards of practice, and with local policies and procedures."

7.5 No warranty, representation, or undertaking in respect of the quality, or fitness for purpose of any content or any service is given, and all implied terms conditions and warranties relating to the same, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise, are excluded to the extent allowed by the law.

7.6 You assume all risk for using, and for any results obtained, or liability incurred, by or as a result of accessing this site or any Emap service.

7.7 Emap is not liable for any third party's information, programs, products or services, whether or not Emap has negotiated special terms for the provision of the same to its members. If you access or use any information on this site that has been supplied by a third party, you will be bound by any additional terms and conditions specified by that third party. You agree to read those additional terms and conditions before accessing or using such third party information and not to access or use that information you do not accept those additional terms and conditions. You should always read the relevant terms and conditions before accessing any information.

7.8 Emap does not guarantee the prevention of the loss of, alteration of, or improper access to, any information or computer systems. Emap is not responsible for invalid destinations or transmission errors in, the corruption of, or the security of information or messages on this site or transmitted using any Emap service or carried over any telecommunications or data communications facilities. Passwords and user IDs are personal to individual members. It is your responsibility to keep your password and ID secret and secure, and not to allow anyone else to use them. You are responsible for the use or misuse of this site and any Emap service by any person accessing them through your password or ID (whether that use is authorised or unauthorised) and you agree to bear all losses, expenses, inconvenience and site charges arising as a result of that use. You must not use or attempt to use anyone else's password or ID; to do so may be an offence under the Computer Misuse Act 1990.

7.9 Emap is not liable for any claim that your access to or use of this site, any content or any Emap services infringes any third party's intellectual property or other rights.

7.10 In no event is Emap liable for any loss or damage arising from your failure to perform your obligations.

7.11 Despite any other provision in these Terms and Conditions, Emap does not exclude or limit its liability for death or personal injury caused by its negligence, or for any fraudulent act. Subject to this, Emap is not liable for any of the following, whether arising because of its negligence, or in any other way:

7.11.1 Loss of profits, loss of business, loss of anticipated savings, loss of goodwill or reputation, lost or wasted management time or the lost time of other employees;

7.11.2 Loss, destruction or corruption of data;

7.11.3 Any indirect, or consequential loss or damage; or

7.11.4 Any loss or damage arising as a result of any claim against you by any other party; even if Emap has been advised of the possibility of that loss or damage arising.

7.12 You will indemnify Emap and keep it indemnified against all and any losses, damages, liabilities, costs and expenses arising in connection with your breach of any of these Terms and Conditions or arising as a result of a third party accessing or using this site, any content or any Emap service by means of your password or user ID.

7.13 The maximum liability of Emap to you in connection with this site, any content and any services, or the failure to provide any of the same, is £10 or the aggregate of sums you have paid to Emap in the 12 months immediately before the cause of action to which your claim relates, arose (whichever is the greater).

8 Termination

8.1 If you are dissatisfied with the services provided by Emap or any feature provided in or through the Site, you may terminate your membership by giving not less than 14 days' notice to. This is your sole remedy if you are dissatisfied with the Site or any such service.

8.2 Your membership may be terminated by you or by Emap at any time by giving the other 14 days' notice. In addition, Emap may terminate or suspend your membership and access to this site and any service at any time without notice if you breach or are suspected of having breached these Terms and Conditions, if you cease to meet the criteria from time to time for access to or use of the Site or any service, or if your agreement with any internet service provider for access or connection to the internet is terminated for any reason.

8.3 Conditions 1, 6, 7, 8.2, and 9 will survive termination and continue indefinitely.

9 General

9.1 Any terms purporting to vary these Terms and Conditions in any order, or other written or electronic communication from you, are ineffective unless specifically accepted by Emap in writing.

9.2 You may not assign or transfer your membership to, or share or sublicense the advantages of membership of Emap with, any other person.

9.3 Emap may assign or sub-contract its rights or obligations (or both) to any third party.

9.4 If any part of any of these Terms and Conditions is invalid or unenforceable, it will not affect any other provision and all other provisions will remain in full force and effect.

9.5 These Terms and Conditions, and the contract between you and Emap, are governed by the laws of England and Wales and you agree to submit to the jurisdiction of the courts of England and Wales.

9.6 These terms and conditions, together with the Privacy Policy, any conditions specific to any Emap service and any rules that Emap publishes from time to time governing the criteria for access to the Site or any service, are the complete and exclusive statement of the agreement between Emap and you in relation to the use of the Site, its contents and any Emap service. They supersede any proposal or prior agreement, oral or written, and any other communications between Emap and you relating to their subject matter.

9.7 Nothing in these Terms and Conditions confers or purports to confer on anyone except you any right under the Contracts Rights of Third Parties) Act 1999 or in any other way to enforce any of these Terms and Conditions.