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Terms and Conditions

By clicking to accept or agree to these Terms and Conditions, where this option is made available to you, or by installing, downloading, accessing or otherwise using the Developer Portal, you agree to be bound by these Terms and Conditions.

You represent and warrant to the Licensor that you have the authority to act on behalf of your employer or other entity and to bind your employer or such other entity to the terms of these Terms and Conditions. If you do not have such authority or if you DO NOT agree to the terms of this Agreement, then you MUST NOT use the Developer Portal.

Except as expressly stated, HCN makes no representation about the Developer Portal and suitability for any purpose of the Developer Portal. It is provided ‘as is’ without express or implied warranty of any kind.

HCN does not warrant that the use of the Developer Portal will be uninterrupted or error free.

 

Health Communication Network Limited ABN 76 068 458 515 (HCN) makes the Developer Portal available subject to the following Terms and Conditions.

 

1. Definitions

 

In these Terms and Conditions, words and expressions which are capitalised but which are not defined in this document have the meaning specified in the agreement titled "Developer Agreement" between you and HCN (Developer Agreement).

 

2. Developer Registration

 

2.1 Before you can access the Developer Portal, you must:

  1. have provided registration details to HCN and been provided by HCN with a Developer Portal username and password; and
  2. agree to these Terms and Conditions, which include the terms in the click box above,

 

(Developer Registration).

 

2.2 You represent and warrant to HCN that all information and data provided by you during Developer Registration is true, accurate and up to date and you have the authority to disclose such information

       and data.

 

2.3 After you successfully complete Developer Registration, HCN will provide you with a login and password that will allow you to access the Developer Portal and, subject to the Developer Agreement:

  1. access Support Services in respect of the Software Development Kit;
  2. access Updates and New Releases of the Software Development Kit;
  3. submit (and withdraw with the agreement of HCN) Widgets, Widget Collateral and Widget Documentation to HCN;
  4. view statistics of the number of Approved Widgets downloaded by End-Users using the Widget Store; and
  5. view the current status (including ‘Submitted’, ‘Withdrawn’, ‘In Review’, ‘Approved’, ‘Rejected’, or Disabled’) of their Widgets.

 

3. Your use of the Developer Portal

 

3.1 The Developer Portal is available to you only in Australia, you agree not to use or attempt to use the Developer Portal outside Australia.

 

3.2 It is a condition of your use of the Developer Portal that you do not:

  1. restrict or inhibit any other user from using and enjoying the Developer Portal;
  2. post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
  3. post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade mark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
  4. post or transmit any information, software or other material that contains a virus or other harmful component; or
  5. post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising,
  6. and you agree to pay HCN on demand the amount of any losses, costs, damages, expenses and other liabilities suffered or incurred by HCN, its related bodies corporate or their respective officers, directors or employees arising out of or in connection with a breach by you of this clause 3.2.

 

3.3 You must ensure that if any information or data that you provide to HCN during Developer Registration is amended, updated or is found to no longer be true and correct, that you will provide HCN with

      such updated or corrected information or data in a timely fashion.

 

3.4 You are responsible for:

  1. selecting and acquiring appropriate computer hardware, software and internet access to enable you to use the Developer Portal; and
  2. implementing appropriate security measures on your local computer system including, without limitation, maintaining a virus scanner with up to date virus definitions.

 

4. Suspension or deletion of your account

 

HCN may from time to time and without notice or liability to you:

      1. lock, suspend or delete your account or access to the Developer Portal at any time without prior notice to you; or
      2. cease providing the Developer Portal or any other service that may be available through the Developer Portal at any time,
      3. for any reason, which without limitation includes the following circumstances:
      4. upon the occurrence of an event that is beyond HCN's control, for example an explosion, natural disaster, earthquake, war, act of God or any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency; or
      5. if you fail to comply with any of these Terms and Conditions until the breach (if capable of remedy) is remedied.

 

5. Security

 

5.1 You must:

      1. ensure that your login and password for the Developer Portal are kept in a safe and secure manner; and
      2. notify HCN immediately if you become aware that there is or has been any unauthorised use of your login and password or any other security breach relating to your account on the Developer Portal.

 

5.2 You are responsible and liable for any person that uses your login and password to gain access to the Developer Portal.

 

6. Use of information by HCN

 

6.1 You acknowledge that HCN collects information for the purpose of contacting you regarding the Developer Portal and for any ancillary purpose.

 

6.2 HCN will collect, use and disclose any personal information collected by it during Developer Registration or through the Developer Portal in accordance with the Privacy Act 1988 (Cth) and HCN's

      Privacy Policy located at http://www.hcn.com.au. By agreeing to these Terms and Conditions you consent (for the purposes of the Privacy Act 1988 (Cth) and any other applicable legislation) and will

      procure the relevant consent of any third parties, to HCN collecting, using and disclosing this information in accordance with these Terms and Conditions and HCN's Privacy Policy.

 

6.3 You acknowledge that HCN may monitor your access and use of the Developer Portal.

 

7. Intellectual Property

 

7.1 All information, text, material, graphics, software and advertisements within the Developer Portal (HCN Content) and all parts thereof are the intellectual property of HCN, its suppliers, sponsors

     and/or licensors unless expressly indicated otherwise in the Developer Portal. The HCN Content is protected by Australian and international copyright and trade mark laws. You must not modify, copy,

     reproduce, republish, frame, upload to a third party, post, transmit or distribute the HCN Content in any way except as expressly provided for within these Terms and Conditions or expressly 

     authorised in writing by HCN.

 

7.2 You may store a reproduction of the HCN Content on your local computer for the sole purpose of viewing the Developer Portal but not for any other use, including commercial use.

 

7.3 The Developer Portal contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Developer Portal or HCN's

      name or the names of HCN's related bodies corporate without HCN's prior written consent.

 

7.4 You grant to HCN a perpetual, irrevocable, licence to use, modify and adapt all information (other than Widgets, Widget Collateral and Widget Documentation) submitted by you using the Developer

      Portal. In particular, HCN may include any such material in its databases and other computer systems and use or modify such material in connection with the operation of the business of HCN. HCN

      may sublicense the rights granted to it under this clause 7.4.

 

8. Disclaimer

 

8.1 You acknowledge and agree that the HCN Content does not constitute professional medical or healthcare advice, diagnosis or recommendation of treatment and is not intended to, nor should be used

      to, replace professional medical advice. In no circumstances should the HCN Content be relied upon without independent consideration and confirmation by a qualified medical practitioner.

 

8.2 HCN makes no representations or warranties with respect to any treatment, action, suitability or application of medication or preparation by any person whether in accordance with the HCN Content or

      not. In no circumstances will HCN be liable for any direct, indirect, consequential, special, exemplary or other damages arising therefrom.

 

8.3 Subject to law, HCN excludes all implied terms and warranties whether statutory or otherwise, relating to the Developer Portal and the HCN Content. You acknowledge that the Developer Portal and

      the HCN Content is provided “as is” and in particular, HCN does not warrant that:

      1. the Developer Portal or the HCN Content will be error-free;
      2. your use of the Developer Portal will be uninterrupted;
      3. the Developer Portal and the HCN Content are suitable for any purpose; or
      4. the Developer Portal and the HCN Content will not contain material which you may deem offensive, indecent or objectionable.

 

8.4 HCN may change, suspend, remove or disable access to any Widget at any time without notice to you.

 

9. Liability

 

9.1 Other than as set out in this clause 9 and to the extent permitted by law:

      1. any condition or warranty which would otherwise be implied in this Agreement whether by statute or otherwise is excluded; and
      2. under no circumstances will HCN be liable for any loss, damage or injury (including without limitation any loss of profits, indirect, incidental or consequential loss, damage or injury) arising from the supply or use of the Developer Portal or the HCN Content, any failure by HCN to perform any obligation or observe any term of these Terms and Conditions or any loss of data which you may suffer in connection with use of the Developer Portal or the HCN Content.

 

9.2 To the extent permitted by law and subject to clause 9.3, HCN's liability to you for any non-compliance with a statutory guarantee or loss or damage arising out of or in connection with the supply of

      goods or services under these Terms and Conditions or any breach by HCN of these Terms and Conditions however arising (whether for breach of a term or terms of these Terms and Conditions, tort

     (including negligence), statute, custom, law or on any other basis) is limited to:

      1. in the case of services, at the option of HCN:
        1. the resupply of the services; or
        2. the payment of the cost of resupply; and
      2. in the case of goods, at the option of HCN:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of the goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired.

 

9.3 Clause 9.2 is not intended to have the effect of excluding, restricting or modifying:

      1. the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (ACL);
      2. the exercise of a right conferred by such a provision; or
      3. any liability of HCN in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

 

10. Termination

 

10.1 Without limiting HCN's rights under clause 4, HCN may terminate these Terms and Conditions with immediate effect for any reason.

 

10.2 These Terms and Conditions, and your ability to access the Developer Portal, will terminate immediately upon the termination or expiration of the Developer Agreement for any reason.

 

10.3 You may stop using the Developer Portal at any time and for any reason.

 

11. General

 

11.1 The Developer Portal may contain links to external websites that are not operated by HCN or its related bodies corporate. These links are provided for your convenience only and you agree that:

 

      1. HCN gives no warranty in respect of, nor does it have any responsibility or liability for, those websites; and
      2. these links do not indicate, expressly or impliedly, that HCN endorses the site or the products or services that are provided at those sites.
      3. You agree that the access and use the information and data made available at those websites is solely at your own risk.

 

11.2 HCN may update these Terms and Conditions at any time. If these Terms and Conditions are updated, you will be notified when you next log in to the Developer Portal and you will have an opportunity

        to review and print the updated Terms and Conditions. By continuing to use the Developer Portal after the Terms and Conditions have been updated, you:

      1. agree to be bound by the changes to these Terms and Conditions; and
      2. acknowledge that such updated Terms and Conditions take precedence over any earlier versions of the Terms and Conditions.

 

11.3 These Terms and Conditions are governed by the laws of New South Wales.