Please read these Terms and Conditions carefully before using the RCNi Learning website (the Website) and associated materials (the Materials) as they govern and form an Agreement with all:
Authorised Individual Users, who have access to the Website and Materials through either a personal subscription or the Authorised User’s institution.
Authorised Institutional Users, who have access to the Website and Materials through their institution or organization; these Users are also subject to terms and conditions as agreed by their institution within the institutional subscription agreement.
Registered Users, who have registered for access to free learning modules on the Website. Registration is free and does not require a personal subscription.
This service is maintained by RCNi (trading name of RCN Publishing Group Ltd) and is intended for viewing and use by Authorised Individual and Institutional Users and Registered Users. Authorised Institutional Users who have access through their institution may have a License which permits additional uses; contact your institution’s librarian/administrator for further information on how this relates to your usage of this service.
We may make changes to these Terms at any time. Changes will be highlighted on this page, but it is your responsibility to check this page on a regular basis. Using the Website and Materials after changes have been highlighted constitutes as acceptance of such changes.
1. Authorised Users
An individual personal Subscriber or, for institutional subscribers, current members of the staff/employees/faculty (whether on a permanent, temporary or contract basis), individuals who are currently studying at the Subscriber’s institution and/or contractors of the Subscriber’s institution as applicable who are permitted to access the Secure Network from within the Subscriber’s Premises or from such other places where Authorised Users undertake their work or study for the Subscriber (including but not limited to Authorised Users’ offices and homes, halls of residence and student dormitories, as applicable) and who have been issued by RCNi with a password or other form of authentication together with other persons who are permitted to use the Subscriber’s Premises or information service and access the Secure Network but only from computer terminals within the Subscriber’s Premises. User access including password and/or authentication is confidential and non-transferrable.
2. Registered Users
To access certain parts of the Website, RCNi requires you to register. Registration will help us identify your level of access. If you are an Authorised User, who is an individual subscriber, your registration will give you access to the full range of learning modules on the Website. If however, you are not an Authorised User, your access is limited to the free modules on the Website. Registration is free, and no payment will be taken unless you chose to become an Authorised User.
3. Usage of the Materials
In accordance with the copyright laws of England, the Authorised and Registered Users may:
Search, view, retrieve and display the Website and Materials;
Print a copy of individual modules from the Website or items of the Materials for personal use;
Systematic downloading of modules from the Website or items of the Materials is prohibited.
Use all or any part of the Website or Materials for the purposes of monetary reward (whether by or for RCNi or an Authorised User) by means of sale, resale, loan, transfer, hire or other form of exploitation of the Materials constitutes Commercial Use and is prohibited.
Authorised and Registered Users will seek RCNi’s explicit written permission in order to:
Systematically distribute the whole or any part of the Website or Materials to anyone other than Authorised or Registered Users;
Use Text Mining technologies to derive information from the Website or Materials;#
Include any part of the Website or Materials on any Learning Management System;
Publish, distribute or make available the Website or Materials, works based on the Materials or works which combine them with any other material, other than as permitted in these Terms and Conditions;
Alter, abridge, adapt or modify the Website or Materials, except to the extent necessary to make them perceptible on a computer screen to Authorised or Registered Users. For the avoidance of doubt, no alteration of the words or their order is permitted.
Nothing shall in any way exclude, modify or affect any of the Authorised or Registered User and/or Subscriber’s rights under the copyright laws of England.
4. Usage of the Service
Authorised or Registered Users will use the Website and Materials in accordance with the laws of England. The Authorised or Registered User warrants that any information submitted by them on any part of the Website is accurate, that it is free from Copyright (unless held by the Authorised or Registered User) or other applicable laws and that it is not objectionable in any way.
The Authorised or Registered User may not:
Remove or alter the authors’ names or the RCNi’s copyright notices or other means of identification or disclaimers as they appear in the Website or Materials;
Systematically make print or electronic copies of multiple extracts or make multiple copies of any part of the Website or Materials for any purpose other than expressly permitted by RCNi;
Prepare derivative works or download, mount or distribute any part of the Website or Materials on any electronic system or network, including without limitation the Internet and the World Wide Web;
Reverse engineer, decompile, alter, abridge or otherwise modify the Website or Materials or any part of them for any purpose whatsoever, except as expressly permitted by RCNi.
For Subscribers paying an annual fee, the Website and Materials will remain available to Authorised Users for a period of twelve (12) months from the date of Subscription provided that any applicable Fee is paid to RCNi. It will automatically renew on an annual basis on condition that RCNi is paid any applicable Fee.
For Subscribers paying a monthly fee, the Website and Materials will remain available to Authorised Users for a period of one (1) calendar month from the date of Subscription provided that any applicable Fee is paid to RCNi. It will automatically renew on a monthly basis on condition that RCNi is paid any applicable Fee.
In addition to automatic termination for non-payment of applicable fees, this Service shall be terminated if:
The Subscriber fully defaults in making payment within 30 days of the Fee as provided in their Renewal Notification;
The Subscriber commits a wilful material and persistent breach of RCNi’s copyright or other intellectual property rights or in respect of usage rights or in respect of prohibited uses;
The Subscriber rejects updates and/or modification to these terms and conditions;
Either party becomes insolvent or becomes subject to receivership, liquidation or similar external administration.
7. Service and Materials
RCNi warrants that the Website and Materials do not infringe the copyright or any other proprietary or intellectual property rights of any person. RCNi shall indemnify and hold the Authorised User and/or Subscriber harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the Authorised User/Subscriber claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this Agreement for any reason. This indemnity shall not apply if the Authorised User has amended the Website or Materials in any way not permitted by this Agreement.
Make the Website and Materials available to the Authorised User from the Server via the Internet, access to which is authenticated by password or other form of authentication. The Publisher will notify the Authorised User and/or Subscriber at least sixty (60) days in advance of any anticipated specification change applicable to the Website or Materials. If the changes render the Website or Materials less useful in a material respect to the Authorised User and/or Subscriber, the Authorised User/Subscriber may within thirty (30) days of such notice treat such changes as a breach of this Agreement.
Use reasonable endeavours to ensure that the Server has adequate capacity and bandwidth to support the usage of the Authorised User at a level commensurate with the standards of availability for information services of similar scope operating via the World Wide Web, as such standards evolve from time to time over the term of this Agreement.
Use reasonable endeavours to make the Website and Materials available to the Subscriber and to Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance (which shall be notified to the Authorised User and/or Subscriber in advance wherever possible), and to restore access to the Website and Materials as soon as possible in the event of an interruption or suspension of the service.
RCNi reserves the right at any time to withdraw from the Website or Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. RCNi shall give written notice to the Authorised User and/or Subscriber of such withdrawal.
Collection and analysis of data on the usage of the Website and Materials will assist both RCNi and the institutional Subscriber to understand the impact of this Agreement. RCNi shall provide to the institutional Subscriber usage and performance data on a regular basis for RCNi and the institutional Subscriber’s private internal use only. Such usage data shall be compiled in a manner consistent with applicable privacy and data protection laws and the anonymity of individual users and the confidentiality of their usage shall be fully protected. In the case that RCNi assigns its rights to another party, the institutional Subscriber may at its discretion require the assignee either to keep such usage information confidential or to destroy it.
RCNi will collect and analyse data on the usage of the Website and Materials by individual Subscribers. Such usage data shall be compiled in a manner consistent with applicable privacy and data protection laws and the anonymity of individual users and the confidentiality of their usage shall be fully protected.
8. Privacy and Data Protection Policy
If you are a member of the Royal College of Nursing you consent to us updating your membership information with the information provided. To change your membership information, including the type of mailings you receive, log on to MyRCN www.rcn.org.uk/myrcn.
Subscribers can change their mailing preferences for us on your ‘my profile’ page.
9. RCNi Portfolio
The RCNi Portfolio provides Authorised / Subscribed Users with the tools to develop an online portfolio of evidence that will be needed to achieve re-registration with the NMC. It is designed to answer all the needs of the revalidation process and provides a secure, simple way for nurses to document their evidence. Authorised Institutional and Individual Users who have access to RCNi Portfolio through their subscription package are subject to the Terms and Conditions of RCNi Portfolio.
10. WARRANTY LIMITATION
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, RCNi MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF DESIGN, ACCURACY OF THE INFORMATION CONTAINED IN THE SUBSCRIBED MATERIALS, MERCHANTABILITY OR FITNESS OF USE FOR A PARTICULAR PURPOSE. THE SUBSCRIBED MATERIALS ARE SUPPLIED ‘AS IS’.
UNDER NO CIRCUMSTANCES SHALL RCNi BE LIABLE TO THE SUBSCRIBER OR ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO AUTHORISED USERS, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE WEBSITE OR MATERIALS. IRRESPECTIVE OF THE CAUSE OR FORM OF ACTION, RCNi’S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY AUTHORISED USER AND/OR SUBSCRIBER TO RCNi UNDER THIS AGREEMENT IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. REGARDLESS OF THE CAUSE OR FORM OF ACTION, THE AUTHORIZED USER AND/OR SUBSCRIBER MAY BRING NO ACTION ARISING FROM THIS LICENSE MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ARISES.
These Terms and Conditions constitute the Agreement between the Authorised Users and RCNi and supersedes all prior communications, understandings and agreements relating to the subject matter of this Agreement, whether oral or written, unless otherwise agreed in the form of an Institutional License. This Agreement may not be assigned by either party to any other person or organisation, nor may either party sub-contract any of its obligations, except as provided in this Agreement in respect of the management and operation of the Website or Materials, without the prior written consent of the other party, which consent shall not unreasonably be withheld.
If rights in all or any part of the Licensed Website or Materials are assigned to another publisher, RCNi shall use its best endeavours to ensure that the terms and conditions of this Agreement are maintained. Neither party’s delay or failure to perform any provision of this Agreement, as result of circumstances beyond its control (including, but without limitation, war, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this Agreement.
The invalidity or un-enforceability of any provision of this Agreement shall not affect the continuation or enforceability of the remainder of this Agreement. Either party’s waiver or failure to require performance by the other, of any provision of this Agreement will not affect its full right to require such performance at any subsequent time, or be taken or held to be a waiver of the provision itself.
This Agreement shall be governed by and construed in accordance with English law; the parties irrevocably agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the English courts.