Implementation Resources Terms of Use

These are the terms under which the Australian Digital Health Agency (the Agency) Implementation Resources website for software vendors and implementers (Website) can be used (Terms of Use). By using the Website, you agree to be bound by these Terms of Use. The Agency may amend the Terms of Use from time to time and without notice to you.

Purpose of the Website

The Material on the Website is provided for the purposes of supporting adoption of digital health by vendors and implementers.

The Website consists of the Agency developed specifications, including related assets, built against the Agency's Product Taxonomy (ITIL ISM) to support adoption of digital health by vendors and implementers. The Agency's end products and product components may be downloaded from the Website:

  1. Clinical Documents: Support the continuity of care, and improve the interactions between healthcare providers and patients.
  2. National Infrastructure: Support an approach to support private, national, state, and territory digital health reforms.
  3. eHealth Foundations: Combines the basic technologies of unique identification, authentication and encryption to provide a safe and secure method of exchanging healthcare information.
  4. eHealth Reference Platform: A technical simulator for digital health, with technical services and sample code supporting demonstration, training and development testing.

The Website also describes the process vendors can follow in developing new and modifying existing software products that require access to the My Health Record system. This process includes registering to access the Agency material, provides links to third party material and undergoing the relevant testing.

Access to, and use of, the Website

In order to access the Website, you are required to create an account, including a password. Usernames and passwords for access to the Website are subject to the following terms and conditions:

  1. Usernames and passwords are to be kept confidential, in safe custody and you must not allow unauthorised access to same. You are responsible for all activities that occur under your usernames and passwords. You should immediately notify the Agency via [email protected] if you become aware of any unauthorised access or use to your usernames and passwords.
  2. The Agency does not guarantee that you can access the Website. Access is subject to various contingencies including systems or equipment failure, internet or hosting failures, and interference from viruses, worms and the like. The Website may not be available on an uninterrupted or error free basis.
  3. You may only use the Website in a manner that does not interfere with or harm other users, the hosting site, the platform or other infrastructure through which the centre is made available.

Personal details and privacy

  1. The Agency collects and uses your personal information to set up your account and monitor who has access to the Website. The Agency may also send you notifications relating to existing products and updates of Material you have downloaded.
  2. Any details provided by you for accessing the Website must be correct and up to date. Should your details change, please notify the Agency within 30 days of the change taking place by updating your account profile.
  3. Personal information will be collected and handled in accordance with the Privacy Act 1988 (Cth) as amended from time to time. For the purpose of privacy laws, you agree to allow:
    1. use of your personal information for communications regarding use of, participation in or activities generally relating to the Website;
    2. collation and analysis of information on a de-identified basis about your use of the Website; and
    3. use by the Agency of any information posted or submitted by you on the Website.
  4. Temporary sessions or permanent cookies may be used in conjunction with the Website and traffic may be monitored to determine utilisation, server usage and performance. In addition, the Agency may collect information from you such as your computer’s IP (internet protocol) address. The Agency may also collect geolocation data associated with your IP address, which may identify your region or city.
  5. For more information on how you can access and seek correction of the information held about you by the Agency, how privacy complaints can be made and how the Agency deals with such complaints, please see the Agency Privacy Policy.

Material made available through the Website

  1. Material made available through the Website is made available subject to the following terms:
    1. the Material is made available 'as is' and in good faith, subject to any express written agreement between you and the Agency to the contrary;
    2. no representation is made by the Agency or warranty given by the Agency as to the accuracy, adequacy, completeness, merchantability, fitness for a particular purpose of the Material or non-infringement of third party rights by the Material;
    3. you must make your own assessment as to the suitability of the Material; and
    4. you use the Material at your own risk.
  2. Certainty and stability in the specifications and requirements forming part of the Material will be provided through change control and management with a view to changes being made in the case of system errors or where there are material clinical risks identified. Other suggested changes to such materials will be considered following consultation with users of the Website on their nature and timing and will involve an impact assessment. Proposed changes in these categories will be notified to you and other users of the resources. Other Materials may be revised from time to time. Subject to any change control processes relating to specifications and requirements, and any other express agreements between you and the Agency to the contrary, the Agency reserves the right to withdraw or modify the other Materials without having to provide reasons or give prior notice.
  3. Material may be made available subject to further third party terms (including additional 'click through' licence terms). In order to gain access to such Material, you must agree to and comply with the further terms.

Linking

  1. The Website may have links to other websites, including for registration and testing purposes. These links are provided for convenience and in good faith but may not be or remain current.
  2. Unless otherwise indicated, linked websites are independent of the Agency. The Agency does not have control over the content or operation of them. Linked websites may be subject to their own terms and conditions with which you must comply.
  3. The Agency does not make any representation or warranty as to the accuracy, adequacy, completeness, merchantability, fitness for a particular purpose or non-infringement of third party rights by any linked website or materials on them. Access and use of any linked website is at your own risk.

Disclaimers and limitations of liability

  1. Subject to any express written agreement between you and the Agency to the contrary and to the fullest extent permitted by law:
    1. the Websites and the Materials are provided on an 'as is' basis;
    2. you use them at your own risk; and
    3. The Agency disclaims all express or implied warranties of any kind including, without limitation, as to accuracy, adequacy, completeness, merchantability, fitness for a particular purpose and non-infringement of third party rights.
  2. Where legislation implies any condition or warranty which cannot be excluded, the Agency’s liability under any such condition or warranty will be limited to:
    1. in the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
    2. if the breach relates to services, the supplying of those services or the payment of the cost of having the services re-supplied.
  3. In no event will the Agency be liable for any direct or indirect loss or damage whether through negligence or otherwise (including, without limitation, special, consequential or exemplary damages; damages for loss of profits, goodwill, loss of data; or other intangible losses) suffered by you or any other person as a result of, or in connection with your use of the Website or linked websites.

Indemnity

  1. You agree to indemnify and hold the Agency and its related bodies corporate harmless from any claim or demand (including legal fees) made by any third party arising out of, or in connection with, your use of the Website, Material or breach of these Terms of Use.

Intellectual Property

  1. All intellectual property in relation to Material on the Website belongs to the Agency or is licensed by the Agency from a third party. The Material on the Website is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Material.
  2. The Agency-owned intellectual property made available for the purposes of the Website, is made available subject to the following terms:
    1. the Agency retains its intellectual property rights;
    2. in addition to any temporary copy held in your computer's cache and to facilitate your use of the Website, you may not adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from the Website.
  • Third-party-owned intellectual property made available for the purposes of the Website is made available subject to any additional third party licences and use of this Material is governed by those terms.
  • Use of Website

    In accessing and using the Website you must not:

    1. violate any applicable laws or access or use the Website for any unlawful purpose;
    2. distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
    3. collect or store personal data about other users of the Website; or
    4. engage in any other conduct that inhibits any other person from accessing the Website.

    Termination

    1. The Agency reserves the right to without notice:
      1. terminate your access to the Website by cancelling your username and password;
      2. remove posts, blogs or other content from the Website;
      3. prevent access to the Website by you or any user or group of users;
      4. intercept, remove or alter any content stored on the Website.
    2. Exercise of these rights will not prejudice or affect the accrued rights, claims or liabilities of the Agency under these Terms of Use. The provisions of these Terms of Use dealing with intellectual property, confidentiality and privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.

    Interpretation

    In these terms:

    1. 'Material' means material made available by the Agency and includes, without limitation, specifications, sample code libraries, software source code, snippets of code, or other supporting materials;
    2. 'the Agency' means the Australian Digital Health Agency, which is the owner, operator or provider of the URL or domain through which the the Agency Implementation Resources is accessed (or a replacement organisation);
    3. 'Website' means the the Agency Implementation Resources website found at http://www.digitalhealth.gov.au/implementation-resources.

    Governing Law

    These terms and conditions are governed by the laws in force in New South Wales.