TERMS OF USE

 

1. Introduction

The AHCWA Portal, including the Ethics, Clinical Policies and HSIU portals, and the Material available on the AHCWA Portal are provided as a free service available only to AHCWA Members.

IF YOU ARE NOT AN AHCWA MEMBER, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE AHCWA PORTAL OR MATERIAL WITHOUT AHCWA’S WRITTEN PERMISSION.

By using the AHCWA Portal and the Material, the AHCWA Member agrees to be bound by these AHCWA Portal Terms of Use (Portal Terms of Use) and the AHCWA Confidentiality & Privacy of Personal Information Policy & Procedure (as adopted from time to time by AHCWA).

The Portal Terms of Use form a legally binding agreement between the AHCWA Member and AHCWA. By using the AHCWA Portal, the AHCWA Member acknowledges that they have read and agree to abide and be bound by these Portal Terms of Use.

AHCWA may change the Portal Terms of Use at any time without giving the AHCWA Member notice, so please check them each time you visit the AHCWA Portal.

If the AHCWA Member breaches the Portal Terms of Use, the AHCWA Member is prohibited from continuing to use the AHCWA Portal and the Material regardless of whether the AHCWA Member is able to continue to access the AHCWA Portal, the Material or the AHCWA website.

 

Make sure you understand these Portal Terms of Use. If you have questions or wish to provide feedback contact AHCWA on (02) 9227 1631 or via our website: http://www.ahcwa.org.au/contact-us.

 

2. Terminology

AHCWA – means the Aboriginal Health Council of Western Australia (ABN 44 114 220 478).

AHCWA Member – means a member of AHCWA, including its employees, directors, agents and contractors, as users of the AHCWA Portal and the Material.

AHCWA Portal – means collectively the Ethics portal, Clinical Policies portal and HSIU portal accessible at http://www.ahcwa.org.au/portal-login (or any URL replacing it or containing it).

Indigenous Cultural and Intellectual Property (ICIP) means Indigenous peoples rights to their heritage. Heritage comprises all objects, sites, cultural expression and knowledge including language, the nature or use of which has been transmitted or continues to be transmitted from generation to generation, and which is regarded as pertaining to a particular Indigenous group or its territory.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

Material – means any and all material available on the AHCWA Portal including, but not limited to, clinical policies and procedures, PowerPoint displays, documents, reports, papers, articles, brochures, comments, information, webinars, videos, sound files, photos, other images, music, cultural information and ICIP.

3. Registration

In order to access and use the Material on the AHCWA Portal, the AHCWA Member is required to register with AHCWA by providing their full name, email address, member service and agreeing to be bound by these Portal Terms of Use.

All personal information of the AHCWA Member will be managed in accordance with the AHCWA Confidentiality & Privacy of Personal Information Policy & Procedure and these Portal Terms of Use. The AHCWA Member will ensure that any registration information provided to AHCWA is accurate, correct and up to date.

The Portal Terms of Use must be agreed to each time the AHCWA Member wishes to login and access the Material on the AHCWA Portal. 

The AHCWA Member is responsible for maintaining the confidentiality and security of their AHCWA Portal password and is responsible for everything done using this account.

NOTE: AHCWA reserves the right to restrict and/or terminate the AHCWA Member’s registration or access to the AHCWA Portal and the Material at any time without notice.

4. Restricted Use

AHCWA Members that access, view, download or otherwise use the Material available on the AHCWA Portal pursuant to clause 5 below acknowledge and agree that:

the Portal contains Material that is protected by copyright and other Intellectual Property rights, and will respect those rights;

 

(a) the Portal contains Material that is protected by copyright and other Intellectual Property rights, and will respect those rights;

 

(b) the Portal contains Material which is licensed to AHCWA from third parties, including the Material on the Clinical Policies portal which is               licensed to AHCWA by Accreditation Specialists (Aust) Pty Ltd;

 

(c) copyright in the material belongs to AHCWA, Accreditation Specialists (Aust) Pty Ltd or other third parties as indicated in the Material. If            there is no indication as to ownership, the presumption is AHCWA owns any Intellectual Property rights in that material.

 

(d) will only use the Material in the manner specified in the licence that applies to the relevant portal as listed in clause 5 below;

 

(e) won’t change, alter or adapt the Material, or disclose or circulate the altered or adapted Material, beyond the scope of the licence that               applies to the relevant portal as listed in clause 5 below;

 

(f) won’t remove any identifier of ownership or terms of use that relate to the Material;

 

(g) won’t use the Material for commercial purposes under any circumstances without first seeking written permission from AHCWA;

 

(h) will attribute AHCWA, and in relation to Material on the Clinical Policies portal, Accreditation Specialists (Aust) Pty Ltd, in any use of the               Material, including altered or adapted versions of the Material;

 

(i) won’t apply legal terms or technological measures to the Material that legally restrict others from doing anything that the licence that applies      to the relevant portal permits;

 

(j) the Material is provided without any warranty regarding its quality, accuracy, completeness, currency, relevance or suitability for any                   particular purposes and that the AHCWA Member uses the Material at their own risk (see Disclaimer below);

(k) Nothing in these Portal Terms of Use constitutes a transfer of any Intellectual Property ownership rights.

If the AHCWA Member wishes to use the Material otherwise than in accordance with the licence that applies to the relevant portal as listed in clause 5 below, the AHCWA Member must seek AHCWA’s written permission.

NOTE: AHCWA reserves the right to exclude the AHCWA Member from the Portal should the AHCWA Member, its employees, directors, agents, contractors or volunteers breach these Portal Terms of Use, act contrary to the spirit of the Portal, potentially use the Material for commercial gain, or in a manner which could damage AHCWA’s business or reputation.

5. Using the Material on the AHCWA Portal

AHCWA Members wishing to access, view, download or otherwise use the Material available on the AHCWA Portal agree to abide and be bound by the following licence terms:

(a) Ethics Portal Material

The AHCWA Member must be a member of the Western Australian Aboriginal Health Ethics Committee (WAAHEC) to access Material on the Ethics portal. In relation to Material on the Ethics portal, the AHCWA Member is only permitted to:

(i) Access and view the Material;  

(ii) Download and save the Material;

(iii)Use, alter or adapt the Material,

for the purposes of fulfilling the AHCWA Member’s responsibilities in relation to WAAHEC.

The AHCWA Member is not permitted to:

(i) Disclose, circulate, publish, communicate (electronically or otherwise) or sell the Material to any third party without AHCWA’s written                   permission;

(ii)Make copies or reproductions of the Material or change, alter or adapt the Material for any purpose other than in fulfilment of their WAAHEC     responsibilities.

 

(b) Clinical Policies Portal and HSIU Portal Material

In relation to Material on the Clinical Policies portal and the HSIU portal, the AHCWA Member is only permitted to:


(i) Access and view the Material;

(ii) Download and save the Material;

(iii) Use, alter or adapt the Material,

for the purposes of providing the AHCWA Member’s authorised services to the Western Australian Aboriginal Health Services sector. NOTE: The Material on the Clinical Policies portal may not be used outside of Western Australia.

The AHCWA Member is not permitted to:

(i) Disclose, circulate, communicate (electronically or otherwise) or sell the Material to any non-AHCWA Member;

(ii) Disclose, circulate, communicate (electronically or otherwise) or sell the Material outside of Western Australia, including to any interstate            Aboriginal Community Controlled Health Organisation, service or similar body;

(iii) Publish the Material or alterations or adaptions of the Material;

(iv) Copy, reproduce, reuse, disclose, circulate, communicate (electronically or otherwise), alter or adapt the Material for any purpose beyond         the provision of the authorised services of the AHCWA Member to the Western Australian Aboriginal Health Services sector.

6. AHCWA Member warranties and responsibilities

6.1 The AHCWA Member warrants that it:

 

(a) will not infringe the Intellectual Property rights of AHCWA, Accreditation Specialists (Aust) Pty Ltd or any third party in relation to the AHCWA                 Portal and the Material;

 

(b) will not use the Portal or Material for unauthorised or unlawful purposes;

 

(c) will not sell the Material or attempt to benefit in a commercial fashion from the Material available on the Portal or the AHCWA website;

 

(d) will ensure its employees, directors, agents,  contractors and volunteers comply with these Portal Terms of Use and do not in any way use the             Material outside of their association with the AHCWA Member or sell or attempt to benefit in a commercial fashion from the Material;

 

(e) will notify AHCWA immediately it becomes aware that Material has or may have been used, circulated or otherwise in breach of these Portal               Terms of Use;

 

(f) will take all reasonable and necessary action to contain and mitigate damage that may be caused to AHCWA and Accreditation Specialists (Aust)        Pty Ltd as a result of a breach of these Portal Terms of Use;

6.2          The AHCWA Member agrees not to add or transmit any material or content or use the AHCWA Portal or Material in a manner that:

(a) is defamatory, malicious, threatening, offensive, abusive, obscene, or otherwise unlawful or that violates laws regarding harassment,                           discrimination, racial vilification, confidentiality, privacy or contempt;

 

(b) is intentionally false or misleading;

 

(c) is an infringement of copyright, other Intellectual Property rights or ICIP rights;

 

(d) infringes any rights of a third party;

 

(e) would cause the AHCWA Member or AHCWA to breach any law, regulation, rule, code or other legal obligation;

 

(f) seeks to promote or endorse commercial products or services or to solicit business;

 

(g) compromises the AHCWA Member or AHCWA’s privacy or that of other users or that contains inappropriate personal information;

 

(h) compromises sensitive data or confidential information around certain material;

 

(i) has the potential to cause technical damage to the AHCWA Portal, or the equipment of other users of the AHCWA Portal, including without                 limitation viruses, Trojans, worms, corrupted data or other malicious data code;

 

(j) would inhibit or interfere with other users enjoyment and use of the AHCWA Portal;

 

(k) would bring AHCWA into disrepute.

 

The AHCWA Member must not try to circumvent the security features of the AHCWA Portal, or tamper with, hack into, or in some other way disrupt any computer system, server, website, router or other device used to host the AHCWA Portal or make it available.

AHCWA accepts no liability for any interference with or damage to the AHCWA Member’s computer system, software or data occurring in connection with or relating to the AHCWA Portal or its use including the Material provided. The AHCWA Member is encouraged to take appropriate and adequate precautions to ensure that whatever is selected from the AHCWA Portal is free of viruses or other contamination that may interfere with or damage your computer system, software or data.

7. AHCWA Member Indemnity

The AHCWA Member is liable for and agrees to indemnify, defend and hold harmless AHCWA and its employees, directors, agents, contractors and volunteers for and against any and all claims, liabilities, suits, actions, loss, damage and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Portal Terms of Use; (iii) and any misuse of the AHCWA Portal or Material; from or by the AHCWA Member, its employees, directors, agents, contractors or volunteers.

8. ICIP

The Material on the AHCWA Portal may contain ICIP which belongs to the relevant Aboriginal or Torres Strait Islander language owners, custodians, creators and their descendants. In any use of the AHCWA Portal and the Material, the AHCWA Member agrees to:

  • abide and be bound by any cultural or ICIP policy of AHCWA, and

  • respect the traditional knowledge and the rights of the traditional owner or custodians of that knowledge.   

9. Disclaimer

AHCWA makes the AHCWA Portal and the Material available on the understanding that the AHCWA Member uses them at their own risk – the AHCWA Portal and the Material are provided ‘as is’ and ‘as available’ and the AHCWA Member exercises their own skill, judgment and care with respect to their use or reliance on them.

AHCWA gives no warranty regarding the quality, accuracy, completeness, currency, relevance or suitability for any particular purpose of the Material or the AHCWA Portal.

AHCWA may at any time, in its sole discretion:

  • Change, alter or stop the operation of the AHCWA Portal;

  • Remove or modify Material from the AHCWA Portal;

  • Make Material on the AHCWA Portal available under different licence terms.

 

The AHCWA Portal or AHCWA website may not operate on a continuous basis and may be unavailable from time to time. AHCWA is not liable for any loss or damage arising from these circumstances.

To the fullest extent permitted by applicable law, AHCWA (including its employees, directors, agents, contractors and volunteers) excludes all liability to any person for any consequences, including but not limited to all losses, interruption of business or damages (including consequential, special or incidental damage), costs, expenses and any other compensation, arising directly or indirectly from an AHCWA Member’s use of or reliance on the AHCWA Portal or the Material or inability to access the AHCWA Portal or AHCWA website, whether or not caused by any negligent act or omission on the part of AHCWA, its employees, directors, agents, contractors or volunteers.

10. Termination

These Portal Terms of Use terminate automatically if for any reason AHCWA ceases to operate the AHCWA Portal or AHCWA website.

AHCWA may otherwise terminate these Portal Terms of Use immediately, on notice to the AHCWA Member (solely at AHCWA’s option), if the AHCWA Member has, in AHCWA’s reasonable opinion, breached these Portal Terms of Use in any way, and AHCWA may also terminate any licence for use of the Material granted to the AHCWA Member under these Portal Terms of Use.

11. General

The AHCWA Member must not assign, sublicense or otherwise deal in any other way with any rights or obligations under these Portal Terms of Use otherwise than as permitted.

No delay, neglect or forbearance on the part of AHCWA in enforcing these Portal Terms of Use will be, or deemed to be, a waiver. Nor will it prejudice any rights of AHCWA.

These Portal Terms of Use are governed by the law applicable to Western Australia and the parties submit to the exclusive jurisdiction of the courts of that State.

  • LinkedIn - White Circle
  • Facebook - White Circle
  • Twitter - White Circle

Connect With Us

©  2019 - AHCWA. All Rights Reserved