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Terms of Use

NSW Operating Theatre Association Inc.

(NSW OTA Inc) Web Site Terms of Use

 

The following Terms of Use (Terms) governs your use of the NSW OTA Inc website: located at www.ota.org.au and form a binding contractual agreement between you, the user of the Site, and us, the NSW OTA Inc.

 

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on (02) 97999835.

 

By accessing the Site you acknowledge and agree that you have had a sufficient opportunity to read and understand the Terms and you agree to be bound by them. If you do not wish to be bound to the Terms of this agreement, you must not access the Site.

 

 1. Accuracy

Every effort is made to provide information that is accurate. However, protocols, syllabi, courses and other matters contained on this Site are subject to change at any time by appropriate action of the NSW OTA Inc. We give no assurance or warranty that information on this Site is current, and take no responsibility for matters arising from changed circumstances or other information or material that may affect the accuracy or currency of information on this Site.

2. Intellectual Property Rights

2.1  Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and NSW OTA Inc., all intellectual property rights in this Site rests with the NSW OTA Inc. unless otherwise stated.

2.2  All aspects of this Site including data, documents, graphics, web pages and logos are the copyright of the NSW OTA Inc. and may not be reproduced in any shape or form.

2.3  Unless otherwise agreed in writing, by posting or adding any content  onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public), and permit us to authorise any other person to do the same thing.

2.4  You consent to any act or omission which would otherwise constitute an infringement of  your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.5  The license in clause 2.3 will survive any termination of these Terms.

2.6  You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 2.3 and 2.4.

3. Warranty

3.1 You represent and warrant us that:

(a) you have the legal capacity to enter into these Terms; and

(b) you have complied with clause 5.

4. Disclaimer of liability

4.1 This Site is provided on an 'as is', 'as available' basis and we do not provide to you any  warranties of any kind, express or implied, including, but not limited to, those of title, merchantability, fitness for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage, or trade practice. No oral advice or written information provided shall create a warranty; nor shall members or visitors to the site rely on any such information or advice. NSW OTA Inc. reserves the right to make changes to the information contained on the Site.

4.2 You assume all responsibility and risk for the use of this Site and the internet generally. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this Site be liable for any direct, indirect, incidental, special or consequential damages, or lost profits that result from the use or inability to use the Site and/or any other websites that are linked to this Site. We accept no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Site. Nor shall we be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the Site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access.

4.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability to the greatest extent allowed by law.

5. Online conduct

Visitors agree to use the Site only for lawful purposes and are prohibited from posting on the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, State, national or international law. Although in the absence of a specific complaint the postings are monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in the discussion forum area will list the author's name - no anonymous posts are permitted.

6. Security

Users must observe and maintain the confidentiality of all security features relating to use of the Site (including passwords, access arrangements etc) as notified. No data transmission over the Internet can be guaranteed as totally secure. Whilst NSW OTA Inc. strives to protect such information the NSW OTA Inc does not warrant and cannot ensure the security of information which users transmit. Accordingly, information is transmitted at the user's risk.

7. Third party content

We are distributors (not publishers) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. In addition, the Site contains links to other websites. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties or through links are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse, sponsor or approve it in any way, nor do we vouch for its accuracy or usefulness. Furthermore, we expressly disclaim any liability associated with material posted by third parties and any other available on any linked website.

8. Disclaimer of endorsement

Reference to any person, products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by the NSW OTA Inc, nor is an endorsement of the NSW OTA Inc implied by such links. Any external links on the NSW OTA Inc Site are for convenience only, such as an index in a public library.

9. Information subject to change

Any information on this Site may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.

10. Termination

10.1 Your rights under these Terms terminate automatically if, for any reason, we cease to operate the Site.

10.2 We may otherwise terminate your access to the Site immediately, on notice to you, if you have breached these Terms in any way.

11. Privacy statement

11.1 Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us on: on (02) 97999835

11.2 The NSW OTA Inc. has developed a policy to protect users' privacy in compliance with privacy legislation. You can access our Privacy Policy HERE. Our policy is to inform users of the following:

  • the identify and contact details of the NSW OTA Inc;,
  • what personal information is being collected;
  • who is collecting personal information;
  • how personal information is being used;
  • to whom personal information is being disclosed;
  • how personal information is being stored;
  • the consequences of personal information being withheld from the NSW OTA  Inc, and
  • how personal information can be accessed and corrected.

11.3  The NSW OTA Inc. Privacy Policy applies to all personal information collected by NSW OTA Inc. via the Site. When information is collected directly from individuals, NSW OTA Inc. may provide further relevant privacy information to the individual at the point of collection, in which case, such information should be read in conjunction with this policy.

11.4  National Privacy Principle 6 of the Australian Privacy Act 1998 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details above.

11.5  NSW OTA Inc. reserves the right to modify or amend this Privacy Statement at any time, provided that those modifications or amendments comply with applicable laws.

Information collected - Site operation

11.6 We collect certain personal information from you to provide you with the best service experience possible on the Site. We may collect cookies from your computer, which enables us to tell when you use the Site and also to help customise your Site experience. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Site.

11.7 We customarily disclose personal information to our service providers who assist us in operating the Site. We will only disclose personal information to an unrelated third party for the purpose of operating the Site with your consent.

Information collected – De-identified

11.8  Without limiting the means by which information is collected by NSW OTA Inc, the usage analysis software used by NSW OTA Inc records:

  • unique visitors and sessions
  • requested pages, downloads, search terms used, posted forms, status and errors, hits and bytes downloaded per directory, file and file type;
  • entrance pages, exit pages, click paths, click to and click from and length of session;
  • domains, countries and IP addresses; and
  • browsers, platforms and robots.

11.9   The statistics are de-identified at the time of recording. This information is used for administrative purposes, including to improve and assess services, and to monitor usage patterns on our site in order to improve navigation and design features - helping you to get information more easily.

Information collected - Identified

11.10   NSW OTA Inc. may collect identifiable information such as contact details. Further, access to member only services has been made possible by using information contained in NSW OTA Inc databases. Accordingly, we collect personal information to facilitate the granting of access to member only services.

Access to information collected

11.11 The NSW OTA Inc. will not knowingly make an attempt to identify users or their browsing activities. However, in the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our Internet Service Provider's logs, and thus gain information about users and their activities.

11.12 All of the identified information that NSW OTA Inc has used to grant access can be viewed and changed by users when they view their personal details. In addition, users may contact the NSW OTA Inc. at any time to access personal information about themselves. They will be required to fill out a form to access this information. Access will be provided unless the request is unreasonable or the applicable privacy legislation permits or requires  NSW OTA Inc. to decline that access. As permitted by law, a fee may be requested to cover the cost of access.

Use and disclosure of information collected

11.13 NSW OTA Inc. collects personal information for a number of purposes (being the primary purposes of collection), including:

  • to provide membership services and benefits and maintain membership and service/benefits records;
  • to assist, support, provide and improve continuing professional development and education and training;
  • to monitor and investigate conduct;
  • to implement, monitor and maintain quality assurance processes and systems, as well as processes and systems concerning regulatory matters, registrations, accreditation, audits, risk and claims management (including dealings with insurers);
  • to procure funding, donations or other support for the activities of NSW OTA Inc;
  • to enable internal administration, training, assessments and reviews; and
  • to effectively operate the Site.

11.14 Any information users provide will only be used for the primary purposes for which users have provided it or a secondary purpose if it directly relates to the primary purpose or for any other lawful purpose.

11.15 NSW OTA Inc. engages third parties to perform certain business functions. Therefore, it is sometimes necessary to disclose personal information to those suppliers. Disclosures may also be made to other third parties, including advisors and regulatory authorities. Where disclosure takes place, NSW OTA Inc seeks to ensure that personal information is handled appropriately.

Security

11.16  We endeavour to ensure the NSW OTA Inc. Site is secure through the use of firewalls. Personal data is maintained under strict security and can only be accessed internally by the NSW OTA Inc employees who have permission to do so.

Complaints and concerns

11.17 Any concerns about the NSW OTA Inc.'s handling of personal information should be directed to the NSW OTA Inc in the first instance. Requests may be required in writing and resolution of concerns will be sought as promptly as possible.

11.18 The Australian Government's Privacy Commissioner is an additional source of information (see http://www.privacy.gov.au/), .

Google Analytics

11.19 Currently we are using Google Analytics to analyse the audience of the Site and improve our content. No personal information is collected from Google Analytics. Read more about the privacy policy concerning Google Analytics.

12. General

12.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these terms.

12.2 If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforibility of the remaining provisions.

12.3 Each party must at it’s own expense do everything reasonably necessary to give full effect to these Terms.

13. Governing law

These terms of use will be constructed according to and are governed by the laws of New South Wales, Australia.

 

These Terms of Use endorsed by NSW OTA State Executive April 2013

 

 

Member login

Notice: Due to server upgrade, all members are required to create a new password by using the link below:

Become a Member

Benefits of NSW OTA membership:

  • Discounts for perioperative conferences and professional education days
  • Financial assistance for education and other perioperative nursing activities
  • Automatic membership to ACORN – our national perioperative nursing body
  • Networking with Perioperative nurses at state and national levels
  • Access to the 'members only" areas of NSW OTA and ACORN websites
  • Professional recognition

NB: please check the NSW OTA Membership page for further application information and conditions.

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