Terms and Conditions
Effective Date: 13 June 2025
IMPORTANT NOTICE
By accessing or using the GdayNurse Learning Management System, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.
1. Definitions and Interpretation
In these Terms and Conditions:
- "Platform" means the GdayNurse Learning Management System accessible at gdaynurse.com.au
- "We", "Us", "Our" refers to GdayNurse LMS
- "You", "Your" refers to the individual accessing or using our Platform
- "Content" means all materials, information, courses, videos, assessments, and resources available on the Platform
- "Services" means all educational and related services provided through the Platform
2. Eligibility and Account Registration
2.1 You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use this Platform.
2.2 You must be a qualified nurse, enrolled nurse, nursing student, or healthcare professional seeking nursing-related education.
2.3 You are responsible for:
- Providing accurate, current, and complete registration information
- Maintaining the security and confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use of your account
2.4 We reserve the right to refuse registration or cancel accounts at our sole discretion.
3. Educational Content Disclaimer
CRITICAL DISCLAIMER
3.1 ALL CONTENT PROVIDED ON THIS PLATFORM IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
3.2 While we strive for accuracy, we make NO WARRANTIES OR REPRESENTATIONS regarding:
- The accuracy, completeness, reliability, or currency of any Content
- The absence of errors, omissions, typographical mistakes, or technical inaccuracies
- The suitability of Content for any particular purpose
- The Content meeting specific examination or registration requirements
3.3 The Content is NOT a substitute for:
- Professional nursing clinical judgment
- Direct patient assessment and evaluation
- Formal nursing education or accredited training programs
- Official examination preparation materials from nursing regulatory bodies
- Legal, medical, or professional advice
3.4 You acknowledge that:
- Nursing practices, regulations, and examination requirements may vary by jurisdiction
- Content may become outdated due to changes in regulations, best practices, or scientific understanding
- You are solely responsible for verifying information with official sources
- Clinical decisions must be based on individual patient assessment and current professional standards
4. Intellectual Property Rights
4.1 All Content, including but not limited to text, graphics, logos, videos, assessments, course materials, and software, is the exclusive property of GdayNurse LMS or its licensors and is protected by Australian and international copyright laws.
4.2 You are granted a limited, non-exclusive, non-transferable, revocable license to:
- Access and view Content for personal educational purposes only
- Download materials explicitly marked as downloadable for personal study
4.3 You are expressly prohibited from:
- Reproducing, distributing, or publicly displaying any Content
- Creating derivative works from our Content
- Sharing account access or Content with third parties
- Using Content for commercial purposes
- Removing or altering any copyright or proprietary notices
- Using automated systems to access or download Content
5. Subscription, Payment, and Refunds
5.1 Access to certain Content requires a paid subscription processed through Stripe, our third-party payment processor.
5.2 By purchasing a subscription, you agree that:
- All fees are in Australian Dollars (AUD) unless otherwise stated
- You authorize recurring charges for subscription renewals
- You are responsible for all applicable taxes
5.3 Refund Policy:
- No refunds are provided once you have accessed subscription content
- Refunds may be considered at our sole discretion for technical issues preventing access
- Statutory consumer rights under Australian Consumer Law remain unaffected
6. Limitation of Liability and Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
6.1 We exclude all liability for any direct, indirect, incidental, special, consequential, or punitive damages arising from:
- Your use or inability to use the Platform or Content
- Any errors, omissions, inaccuracies, or typographical mistakes in Content
- Failure to pass examinations or meet registration requirements
- Clinical decisions or patient outcomes based on Content
- Loss of data, profits, or business opportunities
- Any third-party actions or content
6.2 Our total liability to you for all claims shall not exceed the amount you paid for the specific course or subscription giving rise to the claim.
6.3 You agree to indemnify and hold us harmless from any claims, losses, damages, and expenses (including legal fees) arising from:
- Your breach of these Terms
- Your use or misuse of the Content
- Your violation of any third-party rights
- Any clinical decisions or professional actions you take
7. Acceptable Use Policy
You agree NOT to:
- Share, sell, or transfer your account credentials
- Use the Platform for any unlawful or fraudulent purpose
- Attempt to gain unauthorized access to any portion of the Platform
- Interfere with or disrupt the Platform's operation
- Upload malicious code or viruses
- Harass, abuse, or harm other users
- Collect or harvest user information
- Violate any applicable laws or regulations
8. Termination and Suspension
8.1 We may suspend or terminate your account immediately without notice if:
- You breach any provision of these Terms
- We suspect fraudulent or unauthorized activity
- Required by law or legal process
- The Platform is discontinued
8.2 Upon termination:
- Your access to the Platform and Content will cease immediately
- No refunds will be provided for unused subscription periods
- Provisions that by their nature should survive termination shall remain in effect
9. Privacy and Data Protection
Your use of the Platform is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
10. Disclaimers and Warranties
10.1 THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
10.2 WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- That the Platform will be uninterrupted, error-free, or virus-free
- That Content will be accurate, complete, or up-to-date
- That the Platform will meet your requirements or expectations
11. Third-Party Links and Services
11.1 The Platform may contain links to third-party websites or services. We are not responsible for:
- The content, accuracy, or opinions expressed on third-party sites
- The privacy practices or policies of third parties
- Any damages or losses arising from your use of third-party services
12. Modifications to Terms
12.1 We reserve the right to modify these Terms at any time. Material changes will be notified by:
- Updating the "Effective Date" at the top of these Terms
- Posting a notice on the Platform
- Sending an email to registered users (for significant changes)
12.2 Your continued use of the Platform after changes constitutes acceptance of the modified Terms.
13. Governing Law and Dispute Resolution
13.1 These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.
13.2 Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
13.3 You agree to attempt resolution through good faith negotiation before initiating legal proceedings.
14. General Provisions
14.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Platform.
14.2 Severability: If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force.
14.3 Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
14.4 Assignment: You may not assign or transfer these Terms without our prior written consent.
15. Contact Information
For questions about these Terms and Conditions:
GdayNurse Learning Management System
Email: info@gdayprofessionals.com.au
Website: gdaynurse.com.au
ACKNOWLEDGMENT
BY USING THE GDAYNURSE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.