1.1 By registering as a member of the portal, you accept and agree to be bound by these terms and conditions (Terms and Conditions). In these Terms and Conditions:
(a) "you" or "your" is a reference to the user agreeing to these Terms and Conditions, the organisation which the user represents and all parties acting on the user's behalf;
(b) “the agency” is a reference to the Commonwealth of Australia as represented by Services Australia or its successors; and
(c) “the portal”is a reference to the Health Systems Software Developer portal.
2. Login and password details
2.1 You must keep your user ID and password secure at all times. You must not disclose your user ID or password to, or share it with, others.
2.2 You must maintain the confidentiality of your password at all times. You are fully responsible for all activities that occur through use of your password.
2.3 Unauthorised use and allocation of passwords may lead to revocation of access to the portal for you or your organisation.
2.4 You must immediately notify the agency if you become aware that your password details have been compromised or are known by a third party or there has been unauthorised use of your account and login details.
3. Acting on behalf of an organisation
3.1 To use the portal to access data relating to, or to carry out a transaction for your organisation:
(a) you must be currently appointed by that organisation to access that data or carry out that transaction on their behalf, and that appointment must not have been revoked;
(b) if that appointment is based on you holding a certain position within your organisation, you must currently hold that position; and
(c) you are responsible for ensuring any person in your organisation that uses the portal reads and complies with these Terms and Conditions.
4. Registration details
4.1 You warrant that all information provided by you in your registration or otherwise in connection with your use of the portal is complete, current, and accurate and is not misleading, and that you will not misrepresent your identity.
4.2 You warrant that you have authority to bind your organisation and all users acting on your organisation’s behalf.
4.3 You agree that the agency may rely on that information unless and until it receives notice from you of any change or update to the information provided by you. Any such varied information will be covered by this warranty.
5. Access to the portal
5.1 You must not access or use the portal for any purpose that is unlawful or prohibited by these Terms and Conditions.
5.2 You must take your own precautions to ensure that the process which you employ for accessing the portal does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
5.3 The accessibility and operation of the portal relies on internet technologies outside of the agency’s control. The agency does not guarantee continuous accessibility or uninterrupted operation of the portal.
5.4 The agency will not be liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties and malfunctions in equipment or software.
6. Information on the portal
6.1 The information contained on the portal is provided by the agency in good faith on an ‘as is’ basis and all users must verify the information before using the information. The agency does not make any representation or warranty that the information contained on the portal is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. The agency does not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained in the portal.
6.2 You should make your own enquiries and seek advice before acting or relying on any information or material which is made available to you pursuant to the portal
7. Portal security
7.1 The agency does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the portal.
7.2 Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, the agency makes no warranties that the portal is free of infection by computer viruses or other unauthorised software. The agency will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software).
8. Copyright
8.1 The portal and its contents are subject to copyright owned by the agency or a third party.
8.2 You may only make copies of the content contained within this website, including copies for research, study, criticism, review or news reporting, to the extent permitted by the Copyright Act 1968 (Cth). You may not reproduce, adapt, modify, communicate to the public, or otherwise use any part of the portal without written permission from the agency
9.2 You must take active measures to comply with all privacy, security and confidentiality laws, policies and requirements notified by the agency and as amended from time to time.
9.3 You must read all security prompts and notifications and must follow or action any security instructions in a timely manner.
9.4 You must undertake any specific training required by the agency related to any privacy, secrecy or confidentiality obligations so that you are aware of the obligations imposed by relevant laws and policy.
9.5 Unless the agency agrees otherwise in writing:
(a) you are provided with access to the portal for your use or your organisation’s use only; and
(b) you may not on sell information obtained from the portal to any third party.
9.6 These obligations of confidentiality do not apply to any information which is already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body.
9.7 The agency may disclose your information in the portal to the extent that it is:
(a) disclosed to the agency’s internal management personnel, solely to enable effective management of auditing the portal and related activities;
(b) disclosed by the agency in response to a request from a House or a Committee of the Parliament of the Commonwealth;
(c) disclosed because it is authorised or required by law, including under these Terms and Conditions;
(d) disclosed to either or both a Commonwealth minister or the minister’s advisers;
(e) shared by the agency with another Commonwealth agency or agency, if this serves the Commonwealth or the agency’s legitimate interests; or
(f) in the public domain otherwise than due to a breach of these Terms and Conditions.
10. Provision of the portal
10.1 The agency can:
(a) limit your ability to use the portal;
(b) terminate your access to the portal at any time;
(c) control the times and periods during which portal transmissions can take place;
(d) vary these Terms and Conditions for use of the portal (so the terms and conditions applicable when you next use the portal may be different from these Terms and Conditions);
(e) review and monitor the activities of users of the portal to ensure they are meeting these Terms and Conditions;
(f) use your information in the portal to generate reports for the agency; and
(g) conduct audits of your compliance with these Terms and Conditions, which may include requiring access to your premises, records, accounts and data storage facility and copying any records or accounts for such purposes.
10.2 You must cooperate and facilitate any reviews, audits or access referred to in clause 10.1 and required by the agency from time to time.
11. Indemnity
11.1 You will be responsible for (and you indemnify the agency against) any loss or damage to any person arising from any one of the following:
(a) any breach by you of these Terms and Conditions;
(b) your use of the portal; and
(c) any wilful, negligent or unlawful act or omission by you in relation to, or in the course of using, the portal.
12. Limitation of liability
12.1 The agency will not be liable for any loss, damage, cost or expense of any kind resulting from:
(a) the use or inability to use the portal or use of or access to information on the portal;
(b) unauthorised access or alterations of your transmissions to or from the portal;
(c) activities resulting from the loss or misuse of your user ID; password or other access mechanism;
(d) statements or conduct of any third party; or
(e) any other matter relating to the portal.
13. Warranties
13.1 Except as specified in these Terms and Conditions, the agency gives no implied or express warranties in relation to the use of the portal. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.
14. Applicable laws
14.1 Use of the portal and these Terms and Conditions are governed by the laws in force from time to time in the Australian Capital Territory. All parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and courts of appeal from them. Neither party will object to the exercise of jurisdiction by those courts on any basis.
15. General
15.1 The agency accepts no liability for any failure to comply with these Terms and Conditions if such failure is due to circumstance beyond the agency’s reasonable control. If the agency waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions will continue in full force.
15.2 You may not assign your rights or novate your rights and obligations under these Terms and Conditions (in whole or part).
15.3 The agency may assign its rights or novate its rights and obligations under these Terms and Conditions to another Commonwealth agency or agency without obtaining your consent if the agency’s functions in relation to these Terms and Conditions are transferred to another Commonwealth agency or agency as part of a machinery of government change.
