WELCOME

Welcome to McGrath Nursing Consultancy! We are proud to offer you our (cloud-based educational and training programs and services) known as ‘Add on Skills’, designed for disability support workers and registered nurses. We’re excited to help you on your professional development! But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.

We set out on the Platform the various ways in which we can assist you (our Services), including the different training courses with different inclusions that we offer to you through courses and  bundles (Courses).

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DISCLAIMER

You acknowledge and agree that neither we nor our personnel provide professional advice in relation to providing care and support to any individual with a disability, Our Courses, and any other information provided through the Platform is intended to assist you with meeting your educational and training requirements but should not be relied upon by you or any other third party for any purposes other than for any purpose expressly set out in the relevant Course. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be the sole and/or sufficient requirement of any qualification required for a disability support worker and/or registered nurse nor are they intended to be a substitute for any other requirement of any qualification required for a disability support worker and/or registered nurse (such as on-the-job practical training) and does not consider your personal circumstances and needs.

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You acknowledge and agree that the Services are provided for general information purposes only, and on an “as is” basis. The Services are not intended to be, and you must not use the Services on the basis that it is individualised or customised education or training (unless it is agreed between us and you that we will provide you with customised Services). The Services does not replace or substitute any professional advice and/or recommendations in connection with providing care and support to any individual with a disability. If you choose to make use of any information, materials or deliverables provided in the delivery of the Services, you do so at your own risk. We do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the information, materials or deliverables provided in the delivery of the Services. It is your sole responsibility to determine the suitability, reliability and usefulness of our Services. Use of our Services is not intended to create, and does not create, a client relationship, or give rise to a duty of care, between you and us.

 

TERMS AND CONDITIONS

This online platform (Platform) is operated by McGrath Nursing Consultancy Pty Ltd (ABN 95 618 204 774) (we, our or us). It is available via our website www.addonskills.com.au and may be available through other addresses or channels.

 

Acceptance

You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by registering for an Account and using the Platform.

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Signing up to our Platform

You can browse and view some of our content without an account, however, you are required to create an account to access certain features and to benefit from your selected Course(s) (Account). You can create an account via our website. You must provide basic information when registering for an Account including your name, email address, location, and payment details, and you must choose a password. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

When you create an account, you gain access to any Courses which you have purchased on the Platform.

You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details.

You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any person to register or create an Account.

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Fees

You must pay us the fees set out on the Platform in relation to your Course(s) (Fee) in order to receive the Services outlined in your Course(s) on the Platform. The Fee is paid in advance for the relevant Course. The Fee is paid via Stripe, or any other method set out on the Platform.

You must pay the Fee each relevant Course via direct debit from a credit card or bank account.  The Fee will be automatically debited on the date of purchase of the relevant Course. The direct debit arrangement may be subject to additional terms and conditions from third-party payment providers, as set out on the Platform.

To the maximum extent permitted by law, and subject to your Consumer Law Rights, the Fee is non-refundable.

The Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.

We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms.

We may modify the Courses and Fees from time to time on the Platform.

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Cancellations

Cancelling your Course

You may cancel your Course(s) at any time by providing us with written notice (which you may provide via email). We will provide you with confirmation that your Course has been cancelled via email or via the Platform.

After you receive confirmation from us of cancellation of your Course(s), your access to the Platform will end immediately.

To the extent permitted by law, and subject to your Consumer Law Rights, no refunds will be made upon cancellation.

Where you have cancelled your Course(s) due to change of mind or other circumstances, we do not provide refunds of the Fee.

We do not allow for a Course to be put on hold or “frozen”.   

 

Cancelling your Account

You may cancel your Account at any time by email us at crew@addonskills.com.au. Cancelling your Account will automatically result in the cancellation of any Course(s) you have purchased.

 

Collection Notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process. 

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

 

Prohibited conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; (7) using data mining, robots, screen scraping or similar data gathering and extraction tools on our Platform; or (8) facilitating or assisting a third party to do any of the above acts.

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Intellectual Property rights

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable and non-sublicensable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Courses including its content (Content). Your use of our Platform and your use of and access to any Content (including downloaded Content) does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.

 

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Consumer Law Rights).

Nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. 

 

Liability

In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

 

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

This clause will survive the termination or expiry of these Terms.

 

Warranties, disclaimers and Indemnities

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms, and (3) to provide all assistance, information and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the Platform will be true, accurate and complete.

 

You acknowledge and agree that (1) you use the Platform at your own risk; and (2) the provision of the Platform may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

This clause will survive the termination or expiry of these Terms.

 

Termination

You may terminate these Terms at any time by notifying and emailing us at crew@addonskill.com.au of your intention for these Terms to be terminated. We do not offer refunds

At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms, any applicable laws, regulations or third-party rights.

 

General

Third party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

 

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

 

Competitors: You are prohibited from using our Platform, including our Content, in any way that competes with our business.  If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

 

Information: The Content is not comprehensive and is for general information purposes only.  It does not consider your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

 

Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must cancel your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may cancel your Account and we will refund to you the Fees paid in advance by you in connection with the unused portion of the Services on a pro-rata basis.

 

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days’ prior notice.

 

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

 

For any questions and notices, please contact us at:

McGrath Nursing Consultancy Pty Ltd (ABN 95 618 204 774)

Email: crew@addonskills.com.au

Last update: 25 January 2022