Terms of Use

Agency Website Terms of Use

Version: 8 November 2023

Terms of Use
1. This website www.digitalhealth.gov.au including its Subdomains (the Website) is owned and operated by the Australian Digital Health Agency (the Agency).
2. The Subdomains include:
  1. developer.digitalhealth.gov.au known as the Digital Health Developer Portal
3. By accessing the Website or downloading materials from it, you agree to these Agency Website Terms of Use and the terms of the Agency's Privacy Policy. If you do not accept these Agency Website Terms of Use and the terms of the Agency's Privacy Policy, you must not access the Website or download materials from it.
4. Parts of the Website may have specific terms and conditions of use which apply in addition to these Agency Website Terms of Use, and by accessing those parts of the Website, you also agree to those additional terms and conditions of use, including the Agency Subdomains Terms of Use below.
5. The Agency may change the Agency Website Terms of Use at its discretion and without notice.
Intellectual Property
1. The Website and content on the Website (Content) are the property of the Agency or licensed to the Agency by third parties, and are protected by Australian and international copyright, trademark law and other intellectual property laws.
2. Content is made available subject to the following terms:
  1. the Agency retains its intellectual property rights in the Website and the Agency-owned Content on the Website; and
  2. you may use the Website and the Content to the extent permitted by and provided that you comply with:
    1. these Agency Website Terms of Use;
    2. any additional terms and conditions on the Website; and
    3. any applicable third party licences or agreements.
3. You may download, display, print and reproduce the whole or part of this website in unaltered form for your own personal use or, if you are part of an organisation, for internal use within your organisation, but only for non-commercial purposes and you retain this copyright notice and all disclaimer notices as part of that reproduction.
4. A key issue for the Australian Digital Health Agency is accuracy of the information it publishes. If you are permitted to publish a version of any part of this website you must ensure that you publish the latest version.
5. Apart from rights to use as permitted by the Copyright Act 1968 or allowed by a copyright notice on the Website or Content, all other rights are reserved. Requests and inquiries concerning the use of Content of the Agency should be sent to the Agency via the contact form.
6. The Website may refer to trademarks owned by the Agency or third parties. Nothing contained in this Website should be construed as being any licence or right of use of any trade mark displayed on the Website.
7. Use of Website:
  
  In accessing and using the Website and the Content 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.
Linking to this Website
1. You may link to this Website, but permission is restricted to making a link without any alteration of the Website's contents. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from this Website on any other website unless express written permission has been obtained from the Agency. The Agency reserves the right to prevent linking.
Links and tools of a third party
1. The Website may contain tools (such as Monsido PageAssist accessibility widget, Google translation service) and links to other websites (such as social media and video hosting websites, for example Twitter and YouTube) controlled or produced by third parties. Access and use of any such tool or website is at your own risk.
2. The Agency makes no representations about the accuracy of, adequacy, completeness, merchantability, fitness for a particular purpose or non-infringement of third party rights by any available tool or by any linked website or materials on them. The Agency takes no responsibility for the content contained in or on those tools or websites. These tools and links are provided for convenience and in good faith but may not be or remain current.
3. Unless expressly stated, any references to third parties or third-party tools or websites should not be taken as an endorsement or recommendation by the Agency and any opinions, statements, services or other information or content available on or through third party tools and websites are those of the respective author(s) and not of the Agency.
4. If you use a tool or link on the Website from or to a third-party, you acknowledge that the Agency has no control over the content of that third party tool or linked website and therefore has no responsibility for any transaction arising from your use of it. Available tools and linked websites may be subject to their own terms and conditions with which you must comply. Users of links provided by this website are responsible for being aware of which organisation is hosting the website they visit.
5. Access to the My Health Record portal through MyGov or other portals is subject to the relevant terms of the portal.
Disclaimers and limitations of liability
1. The Agency:
  1. monitors the quality and accessibility of the Website and Content and updates information contained on them regularly; and
  2. monitors the security of the Website and Content including to protect the Website from unauthorised access and computer viruses, but the Agency does not give any warranties or guarantees about the information, accessibility or the security of the Website or the Content.
2. Subject to any express written agreement between you and the Agency to the contrary and to the fullest extent permitted by law:
  1. the Website and the Content 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, reliability, currency, adequacy, completeness, merchantability, fitness for a particular purpose and non-infringement of third party rights.
3. 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.
4. 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, Content or linked websites.
Opinions and recommendations
1. The information on the Website is for your general information and is not professional advice to you.
2. The Website may contain opinions and recommendations of the Agency or third parties.
3. Any opinions or recommendations given by third parties are not the opinions or recommendations of the Agency. The Agency may moderate opinions and recommendations where they are defamatory, insulting, infringe intellectual property rights or otherwise do not comply with statute or law.
4. Any opinions and recommendations of the Agency are made in good faith but are not to be read or construed as a warranty or guarantee that such opinions or recommendations:
  1. are or will be adopted by other persons;
  2. are or will be endorsed, approved, promoted or mandated by Australian or international governmental health authorities in the future in connection with digital health initiatives or otherwise; or
  3. will continue to be promoted by them in the future.
5. In relying on or otherwise using any opinions or recommendations, you:
  1. must make your own independent assessment of the appropriateness of those opinions or recommendations in light of your own particular circumstances;
  2. must not rely on the Agency in deciding whether or not to follow those opinions or recommendations; and
  3. should seek your own professional advice or exercise your own judgement in respect of any decision to rely on those opinions or recommendations.
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, Content or breach of these Agency Website Terms of Use.
Termination
1. The Agency reserves the right to, without notice:
  1. terminate your access to the Website, including by cancelling any username and password for your access to the Website;
  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 Agency Website Terms of Use. The provisions of these Agency Website 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.
Governing law
1. The laws of New South Wales, Australia govern these Agency Website Terms of Use.

Agency Subdomains Terms of Use

These specific terms of use are additional to the Agency Website Terms of Use above and apply to the relevant Subdomain noted below.

Digital Health Developer Portal Terms of Use

Version: 22 June 2023

Terms of Use
1. On the Website, if you access the Subdomain developer.digitalhealth.gov.au known as the Digital Health Developer Portal, you agree to be bound by the Digital Health Developer Portal Terms of Use, which comprises:
  1. the Agency Website Terms of Use set out above;
  2. the additional terms of use set out below; and
  3. the Agency’s Privacy Policy.
2. If you do not accept the Digital Health Developer Portal Terms of Use, you must not access the Subdomain or download Material from it or upload Contributions or anything else to it.
3. The Agency may change the Developer Portal Terms of Use at its discretion and without notice.
Purpose of the Subdomain
1. The Subdomain is for the purposes of supporting the development and adoption of digital health technology by software vendors, and implementers.
Access to, and use of the Subdomain
1. The Agency does not guarantee that you can access the Subdomain. Access is subject to various contingencies including systems or equipment failure, internet or hosting failures, and interference from viruses, worms and the like. The Subdomain may not be available on an uninterrupted or error-free basis.
2. You may only use the Subdomain in a manner that does not interfere with or harm other users, the hosting site, the platform or other infrastructure through which the Subdomain is made available.
3. In order to view in full and to access Material on the Subdomain, you are required to create an account, including a username and password. You must keep your username and password confidential, in safe custody and you must not allow unauthorised access to them. You are responsible for all activities that occur under your username and password. You should immediately notify the Agency via [email protected] if you become aware of any unauthorised access or use to the usernames or passwords of yours or your organisation.
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 Subdomain. 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 Subdomain 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. If you are providing the personal information of any third parties you must obtain the necessary consent before disclosing it to the Agency, on the Subdomain.
4. Any of your preferences for receiving notifications from the Agency may be corrected or updated by you using the subscription controls the Agency makes available in email notifications, or in other ways from time to time.
5. 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 Subdomain;
  2. collation and analysis of information on a de-identified basis about your use of the Subdomain; and
  3. use by the Agency of any information posted or submitted by you, including the personal information of any third parties who you must obtain any necessary consent from before disclosing it to the Agency, on the Subdomain.
6. Temporary sessions or permanent cookies may be used in conjunction with the Subdomain 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.
7. 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 Privacy Policy.
Material made available through the Subdomain
1. Material made available through the Subdomain 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. The Material may include change controls which the Agency may use to communicate updates and new versions of Materials or parts of Materials (e.g. specifications), such as if the Agency responds to system errors, material clinical risks or user feedback.
3. Subject to any other express agreement between you and the Agency to the contrary, the Agency reserves the right to withdraw or modify Material without having to provide details or give prior notice.
4. Material may be made available subject to further Agency and/or 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.
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 Subdomain 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 Subdomain, Material, Contributions 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 Subdomain, Material, Contributions or breach of these Digital Health Developer Portal Terms of Use.
Intellectual Property
1. Subject to any express agreement between you and the Agency to the contrary, clause 2 Agency Website Terms of Use applies to the Material.
Your Contribution
1. Copyright licence:
  1. You retain ownership of the copyright in the Contribution and have the same rights to use or licence the Contribution which you would have had without agreeing to the Agency Website Terms of Use.
  2. To the maximum extent permitted by law, you grant to the Agency a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable copyright licence covering the Contribution, with the right to sublicense such rights through multiple tiers of sublicensees, to reproduce, modify, display, perform and distribute the Contribution as part of the Material.
  3. If you do not own the intellectual property in the entire Contribution or if you do not have licences from all the third party intellectual property owners for it to be used by you, the Agency and sublicensees according to these Digital Health Developer Portal Terms of Use then you should not make the Contribution available through the Subdomain.
2. Patent license: For patent claims including, without limitation, method, process and apparatus claims which you own, control or have the right to grant, now or in the future, You grant to the Agency a perpetual, worldwide, non-exclusive, transferrable, royalty-free, irrevocable patent licence, with the right to sub-licence these rights to multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the Contribution, in combination with the Material (and portions of such combination). This licence is granted only to the extent that the exercise of the licensed rights infringes such patent claims.
3. Outbound license: Based on your grant of rights to the Agency under the abovementioned copyright licence and patent licence, if the Agency includes your Contribution in Material, the Agency may license the Contribution under any licence, including copyleft, permissive, commercial or proprietary licences.
4. Moral rights: If moral rights apply to the Contribution, to the maximum extent permitted by law, you waive and agree not to assert such moral rights against the Agency or any of its licensees, either directly or indirectly. In addition, you genuinely give consent to the Agency or our licensees using the Contribution consistently with the Digital Health Developer Portal Terms of Use for moral rights purposes.
5. Use of Contribution: You acknowledge that the Agency will decide whether to use any Contribution you make as part of Material that it produces at its discretion.
6. Confirmations: By making a Contribution you confirm that:
  1. You own or otherwise have necessary rights to provide the licences and undertakings in relation to the Contribution under these Digital Health Developer Portal Terms of Use;
  2. The grant of rights by way of licence or undertaking in relation to the Contribution under the Digital Health Developer Portal Terms of Use do not violate any grant of rights which you have made to a third party, including your employer.
Interpretation
1. In these terms:
  1. ‘Contribution’ means any work of authorship or invention that is Submitted by you to the Agency in which you own or assert ownership of any intellectual property rights, including without limitation any copyright, patent rights or related rights.
  2. 'Material' means material made available by the Agency and includes, without limitation, the content provided on the Subdomain, specifications, sample code libraries, software source code, snippets of code, or other supporting materials.
  3. ‘Submit’ means any form of electronic, verbal or written communication sent to the Agency or its representatives, including but not limited to electronic mailing lists, source code control systems and issue tracking systems that are managed by or on behalf of the Agency for the purpose of discussing and improving the Material.
Governing Law
1. These terms and conditions are governed by the laws in force in New South Wales.