Nurses4America
(part of Worldwide Emigration Ltd.)
Company No.: 05661403
Full Payment Agreement for:
NCLEX-RN® Online Training ONLY Service

1. This is a 12 month agreement from April 19, 2024 between Nurses4America (part of Worldwide Emigration Ltd.) of Maxet House, Liverpool Road, Luton, Bedfordshire LU1 1RS, United Kingdom; henceforth known as the “Licensing Provider”, “we”, “us” or      “our” and you henceforth known as “the student”, “you” or “your”. This agreement is   governed by The Consumer Protection (Distance Selling)    Regulations Act 2000.

2.        The training program comprises of 12 month access to:
NCLEX-RN Online Review 3500 Study Software

3.        The Student’s obligations:
a. To participate in the Training program.
b. To study very vigilantly and dedicate at least seven hours per week to the study of the Training program in order to pass the NCLEX-RN® exam
c. Once the student has passed the NCLEX-RN® exam, the student is obliged to inform the Training Provider as such immediately.

4.        The Training Provider’s obligations:
To send all the relevant online logins and passwords to the Student within 2 office hours of payment. (Office hours are Monday to Friday 9am to 5pm GMT). These passwords expire on the one year anniversary of this agreement.

5.         Refund Policy:
a. Once Nurses 4 America has informed you of the fact that you will not be entitled to a refund in writing, email or on our website: www.nurses4america.com and this notice has been given before finalising this agreement, then you will not be entitled to get and we will not give a refund once the performance of the services have begun.
b. We do not accept responsibility for issues you encounter from the NCLEX-RN Training Program which arise from your own PC AND/OR device. Examples of this include: viruses, Malware, Damaged hardware, poor signal from either mobile data or from Wifi, Incompatible Software AND/OR Operating System, Software Firewalls And/OR other security packages which block access to the software, University or Work Blockage to our website and/or training servers by use of firewalls or other means, issues with your ISP (Internet Service Provider) such as the ISP having DNS issues or general connection trouble if your internet connection has issues please speak to those responsible for maintaining it. We check your login to ensure that your user login and password works when we send it out to a student, and if the student has issues we will re-test the password to ensure that there is no fault with our server or that human error has not occurred and that we have not accidentally sent you out the incorrect password (although we do our best to ensure this is never the case, because all passwords are generated and tested manually it is possible a faulty one may slip through on a very rare basis. We will immediately correct the password if this occurs so please inform us immediately). We also help you with certain issues of the software which we can control such as: resetting your password to an easier one so it is easier to remember or because you feel it has become compromised (such as someone else has discovered it which could interfere with your training) or because you have lost your login details.
c. We MAY provide general suggestions for help if your internet browser or firewall or other pieces of software require small changes in configuration such as cookies or suggestions on firewall settings but IT IS NOT OUR RESPONSIBILITY TO DO SO but we will in many circumstances try to help our client regardless. If your own hardware or software is not compatible with our NCLEX Training Software we do NOT accept responsibility for this and it is not grounds for any refund. We can however provide advice on ways to improve compatibility with the software examples include but not limited to: recommendations for internet browsers, new software to download, hardware and suggestions on software to update – but this advice is taken as an ‘as is’ basis and we do not accept responsibility for issues which arise of this advice such as possible software conflicts or loss of data or any other damage to either your data, hardware, software or any other issues arising from our advice.
6.         Service interruptions:

1. Occasionally our own servers may experience internet connection trouble too which can be from a wide variety of causes. It is a very rare event for our service to be interrupted, but if it is interrupted for a period that is 24 hours (or greater) we will ‘credit’ your account with equal time to the interruption of your service. For example, if our servers go down for a period of 1 day you will be given 1 days extra access in return.
2. For security purposes we may need to perform planned maintenance on our training servers or programs for a variety of different reasons including updating the training program, additional servers or moving of servers to faster hardware or for security. In cases of planned maintenance we will inform you a period of at least 48 hours (2 days) before the work begins. 99 percent of the time, this work will be finished in a period of 1 to 2 hours, and we will conduct this work in a period we have quantified there to be minimal traffic from our users. However, if in the very unlikely event access is down for a period greater than 24 hours we will credit your account for a period of time equal to this ‘down time’.
3. If emergency maintenance needs to be undertaken (such as hardware failure of our servers, or an emergency security issue) we will do our utmost to keep users informed if this failure lasts a period greater than 1 to 2 hours. We will also ‘credit’ your account equal to the time lost if greater than 24 hours total. For example – 1 day down time means you will get 1 day extra access.
4. Please note service interruptions are only covering your loss of access if the trouble is at our end – our own servers: Hardware, internet connections or software. We monitor our hardware regularly to ensure these issues are rare. If the fault is not our own (such as your own internet connection being faulty) you will not receive credit for time lost as your ‘access’ to the training program was always available on our servers. If you have trouble connecting to websites then please contact your own internet service provider (ISP) for troubleshooting.
5. Please note that we cannot support roaming connections Such as those on a 3G/4G network or Wi-FI that is not from your own home (examples would include in public transport, or Wi-Fi at work or in a restaurant). Our software requires an active internet connection. Therefore because of these issues we strongly recommend that you study from home so that you are in a controlled study environment.
6. We cannot guarantee that the NCLEX-RN training program will function on all tablets and mobile (cell) phones We have conducted in-house testing on the most popular versions of these devices and have concluded that the NCLEX training program works on most devices BUT the regular updates to both the hardware, web browsers and operating systems make it impossible for us to guarantee compatibility.

7.         Termination with cause:
If either party breaches a material term of this agreement either party may terminate this Agreement and either party may terminate this agreement if the breaching party does not cure such breach within 10 days after receiving written notice of such breach.

8.         Termination of Rights:
Upon termination or expiration of this agreement or any benefit provided hereunder. The student shall have no further rights or obligations as applicable under this Agreement or in conjunction with terminated or expired benefit.

9.         Confidential Information:
As used in this Agreement, “Confidential Information” means any and all trade secrets. All the confidential information that is sent to you is copyright of Worldwide Emigration Ltd. Information marked as confidential or that the student should reasonably have known to be confidential that is made available to the student by the training provider, in its sole discretion. The Student shall not make use of, disseminate or in any way disclose the training providers Confidential Information. Except to the extent necessary for the Student’s performance under this Agreement and any other purpose the training provider may hereafter authorise in writing. The student shall treat the training provider’s confidential information with the same degree of care as it accords to its own confidential information but in no event with less than reasonable care.

10.       Cease to exist:
The training provider will notify the student within seven days if they sell their Business, cease trading or vacate their premises. The training provider will notify the student within seven days if there is any change to any of the principals and/or trading name. The training provider will advise the student of forwarding addresses and contact phone numbers if possible. If we cease to exist as a trading entity then we will not continue provide any of the services outlined above.

11.       Limited Warranties:
While the training provider shall use reasonable efforts to provide the benefits under this agreement in a professional manner. The training provider cannot guarantee that every question or problem raised by the Student will be resolved. Certain technical issues may from time to time, result in service interruptions. Students will not hold the training provider responsible for the consequences of such interruptions.

12.       Severability
If any provision of this Agreement is unenforceable or invalid under any law or be so held by applicable court or arbitrator’s decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable invalid provision within the limits of applicable law of applicable court decisions.

13.       Additional Benefits:
Member’s Benefits may include Benefits for which additional terms and conditions apply. Such terms and conditions, if any, are or will be attached hereto as Appendices.

14.       Code of Conduct for Members:
During the term, Student shall conduct its activities in an ethical manner and in a way that reflects favourably on itself and the training provider.

15.       Intellectual Property:
All materials, including without limitation, the Products, and any associated documents, drawings, models, apparatus, sketches, designs, and lists provided or made accessible to Student by the training provider in connection with the Program shall remain the sole and exclusive property of the training provider, its licensors and suppliers and shall be returned to the training provider promptly at request, together with any copies thereof. With respect to technical information Student may provide to Training provider in connection with any Products, Training provider may use such information for purposes relating to this Agreement including, without limitation, product support and development.

16.       Complete Agreement
Each Exhibit and Appendix attached hereto is incorporated by this reference and made a part of this Agreement as if its terms were fully set forth in the body of this Agreement. This Agreement, including all such Exhibits and Appendices, constitutes the entire agreement between the training provider and Student and supersedes and terminates any and all prior agreements or contracts, written or oral, entered into between the parties relating to the subject matter hereof. In the event of any inconsistency between this Agreement and the provisions in any Membership Application, the terms of this Agreement shall govern. In addition, if there is any inconsistency between this Agreement and the Appendix(ices), for the Appendices the terms of the Appendix(ices) shall govern. This Agreement shall not be modified except by a subsequently dated written amendment signed on behalf of Adobe and Member by their duly authorized representatives. Any additional services, Products or Benefits added to this Agreement by notice from the training provider will be governed by the terms of this Agreement. EACH PARTY AGREES THAT IT HAS ONLY RELIED UPON THE REPRESENTATIONS EXPRESSLY SET OUT IN THIS AGREEMENT. NEITHER PARTY WILL BE LIABLE FOR ANY REPRESENTATION MADE PRIOR TO ENTERING INTO THIS AGREEMENT EXCEPT AS EXPRESSLY SET FORTH OTHERWISE HEREIN, UNLESS SUCH REPRESENTATION IS FRAUDULENTLY MADE.  

17.       Restrictions:
Except and unless expressly permitted in this Agreement, Student may not: reproduce, alter, enhance, modify, prepare derivative works of display, publish, disclose, distribute, rent, sublicense, lease, sell, transfer, assign or otherwise use the training programme; and all other content in whole or in part, without limiting the foregoing.

18.       Free Recruitment Service: 
As a free service we may forward your resume to at least one of our recruitment partners who will provide US nursing recruitment services. This is a free service which you are NOT paying for and it is undertaken at our discretion and we are under no obligation to do so. We are not responsible for the recruitment and immigration outcomes that our recruitment partners or their contracted employers provide.

19.       The Fees:
GBP£500.00

20.       Renewal Fees:
Once the 12 month period has expired you can renew the above service for another 12 months on the same terms and conditions and we will quote you our renewal fees at the time of renewal.

21.       Force Majeure
The training provider shall not be liable for any failure or delay in performance under this Agreement that might be due, in whole or in part, directly or indirectly, to any contingency, delay, failure, or cause of any nature beyond the reasonable control of such party, including, without in any way limiting the generality of the foregoing, fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, including phone, Internet or other communications systems, strike, lockout, unavailability of components, activities of a combination of workmen or other labour difficulties, war, insurrection, riot, act of God or the public enemy, law, act, order, export control regulations, proclamation, decree, regulations, ordinance, or instructions of Government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of this Agreement).

22.       Warranty:
STUDENT WARRANTS THAT IT HAS FULL POWER AND AUTHORITY TO ENTER INTO AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT AND THAT THE PERSON SIGNING THIS AGREEMENT ON MEMBER’S BEHALF HAS BEEN DULY AUTHORIZED AND EMPOWERED TO ENTER INTO THIS AGREEMENT. STUDENT WARRANTS THAT THIS AGREEMENT IS NOT LIMITED OR RESTRICTED BY, AND IS NOT IN CONFLICT WITH, ANY COMMERCIAL ARRANGEMENT, OBLIGATION, CONTRACT, AGREEMENT OR OTHER INSTRUMENT TO WHICH STUDENT IS BOUND OR SUBJECT. STUDENT FURTHER WARRANTS THAT IT SHALL COMPLY WITH ALL END USER LICENSE AGREEMENTS AND HAS SATISFIED AND FULFILLED ANY BENEFIT PREREQUISITE THAT MAY BE REQUIRED AS PROVIDED HEREUNDER.

23.       Notice
Notices may be given by either of us to the other by sending them to the registered office of the other party. Any such notice will be valid if sent by first class post or fax and deemed to be received on the second business day following posting or transmitting.

24.       Entire Agreement
This Agreement comprises the entire agreement between the parties and there are not any agreements, understandings, promises or conditions, oral or written, expressed or implied, concerning the subject matter which are not merged into this contract and superseded hereby. This Agreement may be amended in the future only in writing executed by the parties.

25.       Waiver
The failure or delay of either party to exercise any right or remedy in connection with this Agreement shall not operate as a waiver of that right or remedy, and the waiver of any breach or infringement shall not operate as a waiver or any subsequent breach or infringement. No waiver shall be effective unless it is in writing, duly signed and communicated to the other.

This Agreement is governed by and interpreted in accordance with English law. The parties agree that the English courts will have nonexclusive jurisdiction to hear any disputes relating to this Agreement.