1. AGREEMENT BETWEEN USER AND GLOBAL HEALTH LIMITED
ReferralNet Messaging and the ReferralNet Web Site (collectively “ReferralNet Services”) comprise software, web services and web pages operated by Global Health Limited (“Global Health”).
ReferralNet Services are offered to users (“you”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of ReferralNet Services or any part thereof constitutes your agreement to all of these Terms and Conditions of Use as may be added to or modified from time to time. If you do not agree, do not install or use ReferralNet Services.
Global Health reserves the right to change these Terms and Conditions of Use under which ReferralNet Services are offered, including but not limited to the charges associated with the use of ReferralNet Services, at its sole discretion at any time and without prior notice to you. The continued use of ReferralNet Services or any part thereof or the non-termination of an account after changes are posted on the ReferralNet Web Site constitutes acceptance of such changes.
3. ACCOUNT MANAGEMENT
The management of your account is done via Global Health’s account management system. You are responsible for ensuring that the email address(es) and account information provided to us are up to date. You acknowledge that Global Health is not responsible if you do not receive communications from us due to the information you provide to us being out of date.
4. REFERRALNET MESSAGING
A. USE OF REFERRALNET MESSAGING
You agree that Global Health may impose fees or charges for the use of ReferralNet Messaging which is provided for the sole purpose of delivering encrypted information and data between ReferralNet Messaging registered users. ReferralNet Messaging is provided on the basis that you agree to assume the entire risk as to its quality and performance.
It is intended that all information and data should be encrypted on the sending user’s computer before being passed to ReferralNet Messaging in order that all information and data passing between registered users of ReferralNet Messaging are in an encrypted form, and that such encrypted information and data should be decrypted only by the receiving user. However you agree that Global Health cannot and does not provide any undertaking or guarantee that the information or data will necessarily be encrypted before being passed to ReferralNet Messaging and, in such circumstances you will hold Global Health harmless against all actions, claims, liability, consequences or loss howsoever arising from such lack of encryption.
ReferralNet Messaging stores the information and data in the form received (whether encrypted or unencrypted) only as an intermediary, until the information or data is retrieved by the receiving user(s), or, failing such retrieval, for a maximum of 30 days. Global Health and ReferralNet Messaging do not decrypt or read any of the information or data which is passed or stored by ReferralNet Messaging. Upon decryption by the receiving user, the information and data may undergo some changes, including metadata and formatting changes, however the information and data remain materially unaltered in respect of its textual contents.
Global Health exercises no control whatsoever over the content, quality, legality, reliability, accuracy or otherwise of the information or data passing through ReferralNet Messaging and does not provide any assurance that you will be able to view the contents of such information and data. It is your responsibility to ensure you have the required software to view the contents of information and data you receive and to verify the results obtained from the use of ReferralNet Messaging to ensure that they are correct.
B. DATA SECURITY
You acknowledge that Global Health may and does allow access to ReferralNet Messaging to anyone who enters a valid ReferralNet Messaging username and password. Your username and password is merely Global Health’s way of identifying you. It does not offer you any protection or security if your username and password are stolen or used by any party other than yourself. As a general rule, accounts should not be shared and each user is required to have your own ReferralNet Messaging account. You must keep your personal information secure by ensuring that your username and password are kept strictly confidential, and by always logging off if you are using a shared computer. Please notify us immediately if there is any unauthorised use of your account.
You agree that your ReferralNet Messaging details may be disclosed to other registered users of ReferralNet Messaging for the sole purpose of enabling correct identification of recipients via any address book lookup functionality that may be provided within ReferralNet Messaging and you agree not to use the details of any other ReferralNet Messaging user for any purpose except for correct identification of recipients and that any other use or misuse of such details is entirely at your own risk.
Global Health cannot guarantee that any file or program available for access, download and/or execution from or via ReferralNet Services is free from viruses or other conditions that could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use and you release Global Health entirely from all responsibility for any consequences of such use.
6. PRIVACY LAWS AND CONSENTS
You acknowledge that the transmission of personal information and/or patient data may require the informed consent of the persons concerned and that where you are the sending user, the responsibility for obtaining such consents is your sole responsibility. You agree to comply with all applicable laws, rules, regulations and to obtain all consents, approvals, permits and licences required by law or any applicable regulatory body to enable your use of the ReferralNet Services. You agree to hold Global Health harmless against all actions, claims, liability or loss howsoever arising from the failure to obtain the required consents, approvals, permits or licences or any other requirements laid down by law or any applicable regulatory body.
Global Health will take all reasonable steps to keep your personal information secure. Only authorised Global Health personnel are provided access to personally identifiable information in order to perform their roles and these employees have agreed to ensure this information is kept strictly confidential.
7. PUBLIC KEY INFRASTRUCTURE (PKI) CERTIFICATES
At the time of writing, Medicare Australia is a Certificate Authority, namely an accredited registration authority in the issuance and management of PKI digital keys and certificates, for healthcare practitioners and organisations in Australia. PKI certificates may also be issued by other commercial certificate authorities. ReferralNet Messaging requires the use of PKI certificates for the encryption and decryption of information and data and is capable of using PKI certificates generated by Medicare Australia as well as other certificates.
It is your sole responsibility to keep your PKI certificate and security code secure and confidential. Please notify us immediately if your PKI certificate and/or security code have been compromised in any way.
Where the use of ReferralNet Messaging utilises a non-Medicare issued PKI, you agree that you understand there is no reliable mechanism in the commercial PKI certificate for verifying the identity of the certificate owner or for mapping certificate owner names to a healthcare provider individual or organisation. You agree that any use of PKI certificates, whether issued by Medicare Australia or any other certificate authority, in order to access and utilise the ReferralNet Messaging, is entirely at your own risk. You agree to hold Global Health harmless against all actions, claims, liability or loss howsoever arising from the use of all and any PKI certificates and ReferralNet Messaging or any part thereof.
8. NO UNLAWFUL OR PROHIBITED USE
ReferralNet Services may only be used for lawful purposes.
As a condition of your use of ReferralNet Services, you warrant to Global Health that you will not use ReferralNet Services for any purpose that is unlawful or prohibited notwithstanding that ReferralNet Services may be capable of being used for such unlawful or prohibited purpose. You may not use ReferralNet Services in any manner which could damage, disable, overburden, or impair ReferralNet Services or interfere with any other party’s use and enjoyment of ReferralNet Services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through ReferralNet Services notwithstanding that ReferralNet Services may be capable of being used to obtain such materials or information.
9. FEES AND PAYMENTS
Payment is due on a defined monthly/yearly recurring billing date of each month/year. Credit cards that are declined for any reason are subject to a $50.00 administration fee. Payment for recurring services, such as annual web site/web page hosting plans or any product or service that is paid for on a recurring basis, must be paid for in full prior to the anniversary date. Unless written notice cancelling recurring services is received within 90 days prior to the anniversary date of the recurring services, it will be deemed that you have accepted renewal of the services for the period originally purchased.
Accounts that reach 10 days past due may be terminated/restricted/suspended and are subject to a re-activation charge, currently $75. Accounts not paid by due date may be subject to a $10 late fee per month. Accounts that are not collectable may be turned over to an outside agency for collection – in such an event, you agree to pay all outstanding amounts plus the collection agency’s fee and a court rate of interest.
A. TERMINATION/RESTRICTION OF ACCESS BY GLOBAL HEALTH
You expressly agree that Global Health reserves the right, in its sole discretion, to terminate your access to ReferralNet Services or any part thereof at any time and without notice to you and to delete your account and all associated information from the server. Grounds for termination/restriction of access include, but are not limited to:
- non-payment of any monies due for any services;
- abuse of service;
- court order
- violation of any term or condition of use, law or regulation of any governing authority having jurisdiction over the service;
- provision of false or misleading credit and/or contact information.Termination/restriction of access will not relieve you of responsibility for the payment of all overdue fees and collection charges (if any). Global Health does not issue credits for termination/restriction of access.If any criminal offense has been committed, Global Health will notify the appropriate law enforcement authorities.
B. TERMINATION BY YOU
You may terminate your subscription at any time. Global Health does not offer credits or refunds for services already consumed. Service subscriptions and their associated charges continue on an ongoing basis until they are cancelled. Where your subscription is subject to a minimum contract period, you must pay out the remainder of your contract if you terminate prior to the expiry of your contract. Cancellations must be done at least 90 days prior to the billing anniversary date either:
1. in writing on your organisation letterhead signed by a person who is authorised to enter contracts on behalf of the organization; or
2. by email from the billing email address otherwise known as the email address used at the time the account was setup initially.
Where cancellation/termination/restriction of access occurs for whatsoever reason, all licences granted herein are terminated and you agree to remove/uninstall ReferralNet Software from all your equipment and devices and to fully co-operate with Global Health staff in such removal/uninstallation or verification thereof. You agree that your account may be de-activated and you agree that Global Health may delete all information stored in your account without notice and without liability to you.
11. ADVERTISEMENTS AND LINKS TO THIRD PARTY SITES
12. REFERRALNET WEBSITE
The ReferralNet Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Global Health and Global Health is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Global Health is not responsible for webcasting or any other form of transmission received from any Linked Site. Global Health is not responsible for and does not endorse the content nor imply any association with the operators of Linked Sites, or sites provided as search results and does not make any representations regarding their content or accuracy.
B. USE OF COMMUNICATION SERVICES
The ReferralNet Web Site may contain bulletin boards, chat areas, forums, news groups, communities, personal web pages, calendars, and/or other messaging or communication facilities which enable you to communicate with the public at large or with a group (collectively, “Communication Services”). Where such Communication Services are available, you agree to use the Communication Services only to post, send and receive messages and material that are appropriate and relevant to the particular Communication Service. As a condition of your use of such Communication Services, you agree that you will not do or assist or facilitate in the doing of any acts which are illegal or improper, including but not limited to the following:
- abuse, defame, harass, bully, stalk, threaten or otherwise violate the legal or personal rights of others;upload, publish, post, distribute or disseminate any inappropriate, infringing, abusive, defamatory, harassing, profane, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software, malware or programs that may damage the operation of another’s computer;
- advertise or offer to sell or buy any goods or services for any commercial purpose, except with the prior written consent of Global Health;
- conduct or forward contests, surveys, pyramid schemes or chain letters;
- download any file posted by other users of a Communication Service without their express consent;
- delete, obscure or falsify any copyright, legal, proprietary or other notices or labels of the ownership, origin or source of software or other material which are published or uploaded;
- prevent, restrict or inhibit any other user from using and enjoying the Communication Services;
- use or create a false identity or identities with the intention of deceiving others;
- violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- harvest or collect information about others, including e-mail addresses, without their consent; or
- violate any applicable laws or regulations.
Global Health has no obligation to monitor the Communication Services. However, Global Health reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Global Health reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Global Health reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Global Health’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your family members in any Communication Service. Global Health does not control or endorse the content, messages or information found in any Communication Service and, therefore, Global Health specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and employees are not authorised Global Health spokespersons, and their views do not necessarily reflect those of Global Health.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
C. MATERIALS PROVIDED TO GLOBAL HEALTH OR POSTED AT THE REFERRALNET WEBSITE
Global Health does not claim ownership of the materials you provide to Global Health (including feedback and suggestions) or post, upload, input or submit to the ReferralNet Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Global Health, its related companies and its sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Global Health is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Global Health’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
13. WARRANTY DISCLAIMER
Any and all material and services provided by Global Health is provided “as is” and Global Health disclaims all warranties, to the maximum extent allowed by law, and makes no warranty or representation, either express or implied, with regard to the ReferralNet Services, including without limitation to the quality, performance, merchantability, fitness for a particular purpose, title and non-infringement.
14. LIABILITY DISCLAIMER
The complete responsibility and risk of using ReferralNet Services rests solely on you. To the maximum extent permitted by applicable law, in no event shall Global Health Limited and/or its affiliates, officers, directors, employees, contractors, agents, distributors, suppliers, sponsors, licensors, and the like (collectively “Associates”), be liable for any direct, indirect, punitive, incidental, special, exemplary, consequential damages or any damages whatsoever including, without limitation, damages for procurement of substitute goods or services, business interruption, increased operating costs, loss of use, data or profits, arising out of or in any way connected with the use or performance of ReferralNet Services or any part thereof, use of the Internet or your breach of the terms and conditions of this agreement even if as a result of negligence on the part of Global Health and/or its Associates, whether from delays, non-deliveries, mis-deliveries, deletion, defect, computer virus, communication line failure, network outages, server failures, theft or destruction or unauthorized access to, alteration of, or use or misuse of information or data, service interruptions or inability to use the ReferralNet Services and/or related services, the provision of or failure to provide services, or for any information, software, products and services obtained through ReferralNet Services, or otherwise howsoever arising out of the use of ReferralNet Services, whether based on contract, tort, negligence, strict liability or otherwise, caused by Global Health’s and/or its Associates’ negligence or your errors and/or omissions or any other cause whatsoever, even if Global Health or any of its Associates has been advised of the possibility of damages.
No oral advice or written information given by Global Health and/or its Associates, shall create a warranty or liability. If you are dissatisfied with any part of ReferralNet Services, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using ReferralNet Services.
15. REMEDY FOR INTELLECTUAL PROPERTY INFRINGEMENT
Should ReferralNet Services become, or in Global Health’s opinion are likely to become, the subject of a claim of infringement of an intellectual property right, you agree to permit Global Health, at its sole option and expense, to do any of the following: (a) procure for you the right to continue using ReferralNet Services; (b) replace or modify ReferralNet Services or any part thereof so that they become non-infringing; or (c) cease the provision of ReferralNet Services until the conditions of (a) or (b) can be procured.
Based on express or inferred consent under the Spam Act 2003, Global Health may send you commercial electronic messages. If you do not wish to receive such messages, please notify us. The Australian Communications and Media Authority is responsible for enforcing the provisions of the Spam Act 2003.
You agree that Global Health may, in its absolute discretion, increase the fees and charges by the Australian Bureau of Statistics Health sector Consumer Price Index for the preceding 12 months.
To the maximum extent permitted by law, this agreement is governed by the laws of Victoria, Australia and you hereby submit to the non-exclusive jurisdiction and venue of courts in Victoria, Australia, in all disputes arising out of or relating to the use of ReferralNet Services. Use of ReferralNet Services is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Global Health as a result of this agreement or use of ReferralNet Services.
Global Health’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Global Health’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of ReferralNet Services or information provided to or gathered by Global Health with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
No delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence by Global Health in respect of any breach of your obligations under this agreement is to operate as a waiver of or prevent the subsequent enforcement of that obligation or be deemed a delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence in respect of, or a waiver of, any subsequent or other breach.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Global Health with respect to ReferralNet Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Global Health with respect to ReferralNet Services.
You agree that where you are the sender and you send to more than one recipient, the number of transmissions is equal to the number of individual recipients.
Global Health and/or its service providers shall be the sole judge(s)of what violates these terms and conditions.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. COPYRIGHT AND TRADE MARKS
All contents of this web site are protected by copyright law. Copyright resides with Global Health or other rights holders.
The names of actual organisations, products and services mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved. You agree that violations by you, any other person or entity, of these copyrights, trade marks, trade secrets, patents, other intellectual property protections, or these terms will be prosecuted to the fullest extent of the law in the courts of Victoria, Australia.
Lasy updated: 18 July 2016