Updated: November 2018
To access and use our Services, you will need to register and create a profile with us (Profile) complete the registration and log-in process on our Website. You must be a registered user to access and use our Website and Services. You acknowledge that Diabetes Australia may accept or reject your registration or sign up at its sole discretion. You must provide accurate, current and complete information during the registration process and keep your Profile information up-to-date at all times. You may not assign or otherwise transfer your Profile to another party.
We will implement good practice security safeguards that are reasonable in the circumstances in compliance with all applicable laws to prevent loss, unauthorised access, use, modification or disclosure of all Data and against all other misuse.
For any Personal Information forming part of Your Data and/or content provided to us or obtained by Us, you acknowledge that:
We will comply with any reasonable request from You to access any Personal Information forming part of your data on the Website, subject to compliance with all Privacy Laws and to the extent practicably feasible.
You must access and use the Website and Services in a diligent, responsible and professional manner, in good faith and for a proper purpose, and in accordance with all Applicable Laws, including Privacy Laws.
You acknowledge and agree that Diabetes Australia may at its sole discretion enable You through your Profile, on or via the Website, to:
(i) create, upload, post, send and receive and store Data, materials, content and information and (ii) access, browse and view any other Health care Provider user information, including Data and content licensed or authorised by such other Health care Provider users for sharing on or via the Website.
Without limiting the foregoing or your obligations under all applicable laws (including Privacy Laws), by creating, uploading Data and content and using the Website and the Services, You acknowledge and agree that:
Where a Patient does not provide consent to permit You to provide Patient Data to Diabetes Australia for the above permitted purposes, You must not upload any such Data, content or other information to the Website.
You may only access and use the Website via Your unique Profile and credentials, including username and password. You must keep your Profile details and credentials safe, secure and secret, and must not share them with anyone else, and must prevent unauthorised use of the Website. You must comply with all policies of Diabetes Australia contained in, or referred to on, the Website or as otherwise communicated to You by or on behalf of Diabetes Australia from time to time. You must immediately notify Diabetes Australia if you know or have any reason to suspect: (i) that your credentials and passwords have been lost, stolen, misappropriated, or otherwise compromised or (ii) any actual or suspected unauthorized use of your Profile. You are solely liable for any and all activities conducted through your Profile, whether by your authorised employee, contractors or other permitted user access to the Profile (including any content and data posted or uploaded on the Website). Diabetes Australia accepts no responsibility or liability for any activities conducted on or via your Profile.
Where You use the Website or Content to message other service providers it is Your responsibility to ensure that electronic messages sent via the Website are acknowledged by the recipient. The message delivery process is not complete until You have received a response from the recipient of a message. You agree to re-send any unacknowledged messages via the Website at regular intervals [for a period of up to one week].
You will not (and will procure that your employees, agents and contractors and related parties and Patients do not):
You are solely responsible for any actions and communications undertaken or transmitted under Your Profile (whether authorised or not).
You acknowledge that the accessibility and functionality of the Website may require a connection to the internet and may be affected by the strength of the internet connection, browser and computer system. Also, Diabetes Australia employs best endeavours to guarantee the security of any Data, materials, information or content transmitted on the Website.
So that We can provide Your Data and content to the Health care providers whom You include in the reminder for a Patient or communicate with respect to a Patient’s clinical care via the Website, You authorise Us to exercise certain intellectual property rights in Your Data. Similarly, so that You are able to receive and use Data and content provided by other Health care providers via the Website, We authorise You to exercise certain intellectual property rights in that Data.
We may generate sets of depersonalised, anonymised and aggregated data from the Data that You provide to us (Depersonalised Data). Any Depersonalised Data is and will be anonymised and depersonalised in accordance with all applicable laws and does not and will not contain any Personal Information at any time. We own, and You assign to Us, any Intellectual Property Rights that may subsist in any Depersonalised Data, and you acknowledge that We may use such Depersonalised Data for marketing, research and other commercial purposes including:
The Website may contain links to third party websites and You acknowledge that Diabetes Australia does not control any third party website or any products or services offered by third parties through the Website. These links do not constitute an endorsement, sponsorship, affiliation, association or recommendation by Diabetes Australia of the linked websites or any content or products available on or through such sites. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements.
If Diabetes Australia reasonably believes You are, or are likely to be, involved in any inappropriate use of the Website, including but not limited to phishing activity, We may suspend Your Profile at any time without notice to You.
If Your Profile is terminated (either by You or Us):
Data on the Website is provided for use by Health Care Providers. As Data is submitted by Health Care Providers (including You), Diabetes Australia cannot guarantee its accuracy and assumes no legal liability or responsibility for the accuracy, currency or completeness of any Data. You must make Your own independent assessment of the currency, relevance and accuracy of any Data relating to a Patient before accessing or using that Data, or suggesting a that a Patient be registered for a reminder.
The Website and Services, including all Data, is provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable laws, You expressly agree that:
To the maximum extent permitted by applicable laws, Diabetes Australia excludes and limits its liability:
even if, in each case, we have been expressly advised of the possibility of such liability, loss or damages.
Profile means a diabetes patient’s OR a Health Care Provider's Profile on the Website which enables them to access the Website and the Data held on the Website.
Business Days means a day on which banks are open for business, excluding Saturdays, Sundays and public holidays in Victoria, Australia.
Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semiconductor or circuit layout rights, trade, business, domain or company names, rights in confidential information, know how or other proprietary rights (whether or not any of these are registered and including any application for registration), and all rights or forms of protection of a similar nature, or having equivalent or similar effect to any of these, which may subsist anywhere in the world.
Location means the “bricks and mortar” premises at which You provide health care services (whether as an employee, contractor, owner or otherwise).
Patient means any individual who is has sought health care treatment or attending as a Patient of You as a Health care Provider.
Personal Information means an opinion or information about an identified or reasonably identifiable individual, whether recorded in material form or not.
Privacy Laws means any legislation (to the extent You or Diabetes Australia are subject to it), whether Australian or otherwise, which affects privacy or any Personal Information (including the collection, storage, use or processing of such information), including the Privacy Act 1988 (Cth), and any codes of conduct, recommendations, directives or orders made or issued under such legislation or similar anywhere in the world.