Updated: May 2022
These terms and conditions (Terms of Use) apply to your use of the website (www.keepsight.org.au), including any sub-domains (Website) including all applications, tools, information, content, materials, data, products and services made available to you on the Website from time to time (Services). The Website is owned and operated by Diabetes Australia The Website is designed for access and use by people with diabetes, health care providers including optometrists, ophthalmologists, general practitioners, support providers and any and all other similar accredited health providers who access and use the Website and any of the Services ('Health care Provider' or 'You'). The Website seeks to enable improved digital communication between You, NDSS and Health care Providers and streamline the transfer and sharing of Health care Provider data and relevant Patient ('Patient') information, including clinical notes and images, health care records, and medical appointment details and related Patient data and information and user generated content (Data).
These Terms of Use apply to your access and use of the Website and Services. Under these Term of Use, 'Diabetes Australia', 'We', 'Our' or 'Us' means Diabetes Australia (ABN 47 008 528 461) of Level 1, 101 Northbourne Avenue, Turner, ACT 2612.
By accessing or using the Website including submitting your registration information on the Website, you are acknowledging that you have read, understood, accept and agree to be bound by these Terms of Use.
Please therefore take the time to read these Terms of Use carefully before clicking accepting the Terms of Use below as they contain important information regarding Your legal rights, remedies and obligations, and include various limitations and exclusions.
IF YOU DO NOT ACCEPT ANY OF THESE TERMS OF USE, YOU SHOULD NOT ACCEPT THE TERMS OF BELOW AND IMMEDIATELY STOP ACCESSING, BROWSING OR USING THE WEBSITE.
Diabetes Australia may from time to time revise any or all of these Terms of Use. It is Your responsibility to regularly check the Website and to review such changes. However, where required by law, We will send You an e-mail notifying You of any material changes to these Terms of Use. If You are unhappy with the amended terms, You may terminate these Terms of Use as set out below under 'Termination'. Your continued use of the Website after any amendments to these Terms of Use means that You accept such revisions. If You do not agree to any changes, You must not continue to use the Website.
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.
Patient Consent
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 preceding paragraph, before uploading or disclosing any Data, including any Personal Information forming part of your Data or any user content in relation to a Patient. You warrant, represent and undertake to Us that You have given or obtained (and will maintain for the Term and at all times) all necessary consents and permissions to allow the collecting, sharing, processing, disclosing and handling by Us in the manner set out in these Terms of Use and Our Privacy Policy, This includes the right to collect, share and disclose Personal Information forming part of Your Data with other registered and authorised Health care Providers using the Website and the Services.
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.
To find out more about how we manage your privacy and protect your data https://www.keepsight.org.au/privacy_collection_statement. Our Privacy Policy is available at: https://www.keepsight.org.au/privacy
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.
Your access to and use of our Website and Services (including all Data and content) are subject to these Terms of Use and any limitations and/or restrictions which we may place on your Profile or you (or your end users') access and use [when we authenticate you].
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.
Diabetes Australia also reserves the right to audit or monitor Your Profile, including inspecting records of Your use of the Website and the Services, at any time where Diabetes Australia reasonably believes You are, or are likely to be, involved in any inappropriate use of the Website and/or Services, including but not limited to phishing activity, and without notice to You, to ensure Your compliance with these Terms of Use, but for no other purpose. Diabetes Australia may also monitor for customer support purposes, to comply with Applicable Laws, the order of any court or law enforcement authority or similar, or where it is reasonably required to carry out any risk assessment of your activities on the Website. Notwithstanding, You acknowledge that Diabetes Australia has no obligation to monitor, or otherwise audit your access or use of the Website or the Services or edit or screen any Content or data uploaded by You.
In addition to and without limiting any other term or warranty set out in these Terms of Use, in respect of all Patient and user content that You contribute to the Website (Your Content), You warrant that:
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.
You hold all rights, title and interest in and to Your Data and nothing in these Terms of Use assigns, transfers or grants any right, title or interest in any Intellectual Property Rights in Your Data owned or held by You except as set out in these Terms of Use.
Additionally, We hold all rights, title and interest in and to Diabetes Australia data, information and materials and nothing in these Terms of Use assigns, transfers or grants any right, title or interest in any Intellectual Property Rights in Our data, information, materials owned or held by Us except as set out in these Terms of Use
By accessing and using the Website and the Services, including creating, uploading, posting, sending, receiving, storing, or otherwise making available any Data, including user content on or through the Website, You grant to Us a non-exclusive, royalty-free, worldwide, perpetual irrevocable, sub-licensable and transferable licence to exercise all rights in Your Data including all user content for the purpose of providing the Services and making the Website available to You and other Health care Providers (Permitted Purposes). These rights include rights to access, use, store, copy, modify and distribute to registered Health care Providers and otherwise share Data and user content to provide the Website and the Services as authorised by You. You acknowledge and consent that your Data and user content (or part thereof) may be viewed, retained, stored, collected, sub-licensed, used, displayed and disclosed to other Health care Providers viewing or accessing the Website for the Permitted Purposes and as set out in our Privacy Policy.
Other than in respect of Your Content, and where necessary, Diabetes Australia grants You a sub-licence to use data on the Website solely to the extent necessary for You to access and use the Website and the Services in accordance with and subject to these Terms of Use. Diabetes Australia does not claim any ownership rights in any of Your Content.
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:
We will comply at all times with all applicable laws and the terms of our Privacy Policy in our use and disclosure of any Depersonalised Data.
You will obtain any moral rights waivers and consents necessary to allow Diabetes Australia to freely use, modify and develop the Data as set out in these Terms of Use and to the extent permissible by all applicable laws, You consent, on behalf of any author, to Diabetes Australia making, and allowing third parties to make, any use of the User Data that would otherwise infringe any non-assignable personal rights that may subsist in the User Data.
Diabetes Australia owns and holds all rights, title and interest in any Intellectual Property Rights in the Website and the Services (including without limitation in the software, designs, arrangements, layouts, sequences, forms and graphics pertaining to the Website, all trademarks, product names, and company names and/or logos displayed on the Website, and all page headers, custom graphics, button icons, and logos which are service marks and/or trade dress) and You acknowledge Your use of the Website and the Services does not give You or any other person any rights, title or interest in any Intellectual Property Rights that may subsist in the Website and Services, other than in the User Data. Nothing on the Website may be copied, reproduced, imitated, or used, in whole or in part other than as set out in these Terms of Use, without the prior written permission of Diabetes Australia.
In consideration of the payment of the Subscription Fees under these Terms of Use, We grant You a non-exclusive, non-transferable, revocable, limited licence solely to access and use the Website and Services (including Data (other than Your Content which is licensed to Us)) in accordance with these Terms of Use for the Term.
If You believe that any Data has been improperly used on the Website, or that any other person has engaged in any conduct on the Website or when using the Services contrary to these Terms of Use, including if You have knowledge of or suspect any security incident, potential or actual Data breach, or any issue of any kind that may potentially jeopardise Data or Your Content in any way, You must promptly notify Us by email addressed to: [email protected]. The email must set out full details of the incident, issue, claim or conduct and the scope of remedial measures proposed or being undertaken to resolve an incident or issue.
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.
Diabetes Australia may terminate these Terms of Use and Your Profile without liability to You or any third party at any time for any reason, and may also terminate if: (i) You breach these Terms of Use and the breach remains uncured for a period of 5 (five) business days;; or (ii) You are, in Diabetes Australia's reasonable opinion, involved in any inappropriate use of the Website. If We exercise any such termination right, We will send an e-mail to the e-mail address recorded on Your Profile, and termination will be effective within 24 hours following the issue of that e-mail.
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:
No advice or information, whether oral or written, obtained by You from or through Your use of the Website, Services, Data or otherwise from Diabetes Australia, creates any warranty not expressly made in these Terms of Use.
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.
Nothing in these Terms of Use excludes or limits either party's liability for loss in relation to death or personal injury caused by that party's negligence, wilful or reckless misconduct, fraud or fraudulent misrepresentation, in which case, that party's liability will be limited to the greatest extent permitted by applicable law.
Nothing in these Terms of Use excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by applicable law which cannot lawfully be excluded, restricted or modified (a Non-excludable Provision). However, if a Non-excludable Provision can be limited, then the aggregate liability of Diabetes Australia for any breach of a Non-excludable Provision will be limited, at Diabetes Australia's option, to supplying the services to You again or the payment of the cost of having the services supplied again.
To the extent permitted by all applicable laws, you must indemnify, and keep indemnified, Diabetes Australia and its directors, officers, employees and agents from and against any claims, losses, liabilities, costs, expenses (including investigative costs, court costs, legal fees, penalties, fines and interest) and damages of any kind whatsoever (including those which are prospective or contingent) directly or indirectly arising out of, or in connection with, Your use of the Website and the Services and any Data, including arising in connection with any breach of these Terms of Use.
Neither Diabetes Australia nor You will be liable for any failure to perform, or any delay in performance of, any act required under these Terms of Use by reason of:(i) any act of God, (ii) act of nature or other event of whatever nature or whatever reason beyond the reasonable control of the other party, including any epidemic or outbreak of pandemic disease, fire, act, decree, restrictions of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining raw material, energy or other supplies, impossibility of the use of public or private telecommunications networks, or labour disputes, and performance of either party's obligations under these Terms of Use shall be excused for the period of such event. If the force majeure event set out here continues for a period exceeding 3 months either may terminate these Terms of Use by providing at least 30 days prior written notice to the other party.
These Terms of Use shall be governed by the laws of the State of New South Wales, Australia.
Any dispute arising from the interpretation and/or performance of these Terms of Use (including any non-contractual dispute) shall be submitted to the exclusive jurisdiction of the competent Courts of the State of Victoria, Australia and the Commonwealth of Australia.
Any provision of these Terms of Use held to be wholly or partially unenforceable or void is severed to the extent it is unenforceable or void. The remaining provisions of these Terms of Use shall remain in full force and effect.
In these Terms of Use, capitalised terms are as defined below:
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.