PaCSA Service Terms of Use

PaCSA Service Terms of Use

These Terms of Use (Terms) govern your entity’s use of the website and associated resources located at https://palliativecare.org.au (together PaCSA) and form a binding contractual agreement between you, and Palliative Care Australia Limited (ACN 625 082 493) (PCA).

By registering to use and using PaCSA on behalf of your entity (Service) you acknowledge, agree And warrant, that you have authority to act, and agree to these Terms, on behalf of the Service and that these Terms are binding in relation to you and the Service’s use of PaCSA and apply from the time PCA provides you access to PaCSA.

PaCSA may develop over time and PCA reserves the right to change these Terms at any time, effective from the time the modified Terms are posted on the PaCSA website. PCA will endeavour to notify you of any changes to these Terms via email, or a notification on the website.

If at any time you do not agree with these Terms as modified, you must notify PCA and you and the Service must stop using PaCSA.

By registering to use, and by using, PaSCA, you and the Service, acknowledge and agree:

  1. to comply with these Terms as amended from time to time;
  2. to these Terms;
  3. that these Terms may change and that it is your obligation to ensure you have read, understood, and agree to the most recent Terms on behalf of yourself and the Service;
  4. to provide PCA, and keep up to date, personal information about yourself, and the Service, including:
    1. your email address and other contact details; and
    2. the password you choose;

and warrant that this information is accurate, correct and up to date.

If you have any questions relating to these Terms, please contact PCA on pacsa@palliativecare.org.au  before you agree to the Terms and use PaCSA, and if you do not agree to these Terms, you and the Service must not use PaCSA.

 

1. Licence to use Site

1.1  PCA grants you and the Service a non-exclusive, worldwide, non-transferable licence to use PaCSA in accordance with these Terms.

1.2  You may access and use PaCSA (including any incidental copying that occurs as part of that use) in the normal manner.

1.3  You must not add any content to PaCSA:

  1. unless you hold all necessary rights, licences and consents to do so;
  2. that would cause you or PCA to breach any law, regulation, rule, code or other legal obligation;
  3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  4. that contains any personal information as that term is defined by the Privacy Act 1988 (Cth);
  5. that would bring PCA, or PaCSA, into disrepute; or
  6. that infringes the intellectual property or other rights of any person.

1.4  Where PaCSA contains links to other websites as well as content added by people other than PCA, PCA does not endorse, sponsor or approve any such user generated content or any content available on any linked website, unless otherwise indicated on PaCSA.

1.5  You and the Service acknowledge and agree that:

  1. PCA retains complete editorial control over PaCSA and it may alter, amend or cease the operation of PaCSA at any time in its sole discretion; and
  2. PaCSA will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

2. Use of PaCSA

2.1  PCA will only provide access to PaCSA to users who are employed by or affiliated with the Service (Users).

2.2  The Service determines who may use PaCSA under its subscription, and the level of rights and access of each User.

2.3  If there is any dispute between the Service and the User in relation to access to PaCSA, the Service will determine the matter in its sole discretion, and such determination will be binding on the User.

2.4  You and the Service acknowledge and agree that:

  1. the content you upload to PaCSA, and certain other information about you generated by PaCSA, will be accessible by the Service, and by PCA in providing support to you or the Service;
  2. User access is solely determined by the information you upload to PaCSA, PCA accepts no responsibility for any unauthorised User access;
  3. you and the Service remain solely responsible for complying with applicable law, regulations, and standards.

2.5  If the Service’s account is suspended or terminated for any reason, PCA may cease providing you and the Users access to PaCSA.

3. De-Identification of Information

3.1  You warrant that any information added to the PaCSA portal is de-identified. De-identification includes:

  1. removing personal identifiers, such as any individual’s name, address, date of birth or other identifying information; and
  2. removing or altering other information that may allow an individual to be identified, for example, because of a rare characteristic of the individual, or a combination of unique or remarkable characteristics that enable identification.

4. Information Sharing

4.1  If you and the Service elect to share quality improvement stories (Stories) with other palliative care services via PaCSA, the Stories will be published on the PaCSA website and:

  1. will be accessible to all other PaCSA users outside of PaCSA; and
  2. may be used by PCA in further publications.

4.2  If you and the Service do not elect to share Stories with other palliative care services via PaCSA, the Stories will be published on the PaCSA website and will only be accessible to the Service and its Users.

5. Conditions of Access

5.1  You and the Service must:

  1. ensure that the username and password required by you to access PaCSA are kept secure and confidential at all times;
  2. immediately notify PCA if you become aware or, or suspect, your password has been obtained by another person, or that any other breach of PaCSA’s security has occurred;
  3. abide by the Service’s confidentiality policy; and
  4. only use PaCSA:
    1. for your own lawful internal processes;
    2. in accordance with these Terms and any directions PCA notify to you via email, or publish as a notification on the website.

5.2  You must not, or allow any other person to:

  1. copy, download, or further publish any content from PaCSA that has been uploaded to PaCSA by another palliative care service, including without limitation quality improvement stories.
  2. attempt to undermine or compromise the security or integrity of any PCA computer system or network, or any computer system or network of a third party hosting PaCSA;
  3. use or misuse PaCSA in any way that may impair or compromise the functionality of PaCSA, or systems used to deliver PaCSA;
  4. use or misuse PaCSA in a way which impairs the ability of any other user to use PaCSA;
  5. attempt to gain unauthorised access to any information or materials that you have not been given express permission to access;
  6. attempt to gain unauthorised access to any computer system or network hosting PaCSA;
  7. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer PaCSA or any software used to deliver PaCSA;
  8. operate PaCSA in any way that is not necessary to use it for its normal operation; and
  9. use PaCSA to disseminate:
    1. material unrelated to the purpose of PaCSA, including without limitation to offer goods and services;
    2. unsolicited emails;
    3. files that may damage any computer devices or compromise or interfere with any software; or
    4. material, emails, or files that breach any law (including material that is protected by copyright or similar that you do not have permission to use.

5.3  By uploading any content to PaCSA, you and the Service represent to PCA that you are permitted to do so and agree that PCA is under no obligation to ensure the legitimacy, accuracy and authorisation of any content uploaded by you, the Service, or any User.

5.4  PCA reserves the right, at its sole discretion, to modify or remove any content at any time that it deems to be in breach of these Terms.

6. Intellectual Property Rights

6.1  Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you, the Service and PCA, PCA own all intellectual property rights in PaCSA.

6.2  PCA does not own the intellectual property rights in any content you post or add onto PaCSA.

6.3  By posting or adding any content onto PaCSA, you and the Service grant PCA a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the User) and permit PCA to authorise any other person to do the same thing.

6.4  You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you warrant that the third party also consents in the same manner.

6.5  You and the Service represent and warrant to PCA that you have all necessary rights to grant the licences and consents set out in this clause6.

6.6  This clause 6 will survive any termination of these Terms.

7. Privacy

7.1  PCA maintains a privacy policy that sets out how it deals with personal information, available at org.au (PCA Privacy Policy). By accepting these Terms, you and the Service will be deemed to have read and accepted the PCA Privacy Policy.

7.2  You acknowledge and agree that we will only collect, use, store or disclose personal information as required to provide PaSCA in accordance with the Privacy Act 1988 (Cth), Privacy Regulation 2003 (Cth), the Australian Privacy Principles and any other regulations introduced and as amended or varied (the Privacy Laws).

7.3  With respect to your privacy obligations under these Terms, you and the Service warrant:

  1. that no personal information will be uploaded to PaCSA, except for incidental personal information of the Users;
  2. that you and the Service do and will continue to comply with the Privacy Laws, the privacy policy of the Service, and the PCA Privacy Policy, as amended from time to time by publication to the PCA website palliativecare.org.au;
  3. that the collection of any personal information by the Service is in accordance with the Privacy Laws;
  4. that to the extent the provision of the personal information of the Users to us is in accordance with the Privacy Laws;
  5. that you will indemnify us against any reasonable cost resulting from any breach by you of this clause 7 and the Privacy Laws; and
  6. that you will otherwise indemnify us against any breach of this clause 7 and the Privacy Laws by us caused by an act or omission by you.

8. Warranties

8.1  You represent and warrant to PCA that:

  1. you have the legal capacity to enter these Terms on your own behalf and on behalf of the Service; and
  2. the Service maintains adequate backups of all information, data and content that is uploaded or otherwise stored in PaCSA.

8.2  PCA does not warrant or represent that the:

  1. Service is suitable for your intended purpose, or for any particular purpose at all; or
  2. Service will be uninterrupted or error free; or
  3. data stored in PaCSA will be error free.

9. Liability

9.1  PaCSA is provided on an “as is” basis and to the extent permitted by law, use of PaCSA is at your own risk.

9.2  To the full extent permitted by law, PCA excludes all liability in respect of loss of data, interruption of Service or any consequential or incidental damages.

9.3  To the full extent permitted by law, PCA excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

9.4  PCA expressly excludes liability for any loss of data, regardless of the cause.

9.5  These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, PCA limits its liability in respect of any claim to, at its option:

  1. the supply of PaCSAs again; or
  2. the payment of the cost of having PaCSAs supplied again.

10. Termination

10.1  These Terms terminate automatically if, for any reason, PCA ceases to operate PaCSA.

10.2  PCA may otherwise terminate these Terms immediately, or suspend your access to PaCSA, on notice to you, if you have breached these Terms in any way.

10.3  You may terminate these Terms at any time if you are not satisfied with PaCSA by providing written notice to PCA.

10.4  Termination of these Terms does not affect the accrued rights of any party up to the date of termination.

10.5  On termination of these Terms you, the Service, and all the Service’s Users must cease to use PaCSA.

11.Dispute Resolution

11.1  Any Party must attempt to resolve a dispute in accordance with the procedures set down in this clause 11 before commencing legal proceedings against another Party.

11.2  If a dispute arises in relation to these Terms or your use of PaCSA in anyway, either you or PCA, or both, may give written notice to the other (together Disputing Parties) requiring that an attempt be made to resolve the dispute and the Disputing Parties agree to use their best endeavours to first settle the dispute by discussions in good faith between the Disputing Parties (or a person a Disputing Party nominates as its representative).

11.3  If a dispute is not resolved within two weeks (or such period as agreed in writing by the Disputing Parties) after written notice of the dispute has been given, any Disputing Party may give the other a written notice requiring that the dispute be resolved by a mediator appointed jointly by the Disputing Parties (Mediation Notice).

11.4  If the Disputing Parties do not agree on the appointment of a mediator within 1 week after the Mediation Notice is given, the mediator is to be appointed by the Resolution Institute (Institute).

11.5  The mediation is to be conducted in accordance with the Institute’s Rules for the Conduct of Commercial Mediation and those rules are binding on the Disputing Parties.

11.6  The Disputing Parties must co-operate fully with the mediator.

11.7  Any mediation agreement resulting from the mediation shall be binding on the Disputing Parties.

11.8  The Disputing Parties must pay an equal share of the fees and expenses the mediator is entitled to.

11.9  Nothing in this clause 11 prevents a Party from seeking urgent injunctive, declaratory or other interlocutory or equitable relief before an appropriate Court.

12. Interpretation

12.1  In these Terms the following rules of interpretation apply unless the context otherwise requires:

  1. a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
  2. the singular includes the plural and vice versa;
  3. a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
  4. a reference to any gender includes all genders;
  5. a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure, or exhibit of or to these Terms;
  6. a recital, schedule, annexure or a description of the parties forms part of these Terms;
  7. a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;
  8. a reference to any party to these Terms, or any other document or arrangement, includes that party’s executors, administrators, substitutes, successors and permitted assigns;
  9. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
  10. where an expression is defined anywhere in these Terms, it has the same meaning throughout;
  11. a reference to “dollars” or “$” is to an amount in Australian currency;
  12. a reference to a matter being “to the knowledge” of a person means that the matter is to the best of the knowledge and belief of that person after making enquiries reasonable in the circumstances;
  13. mentioning anything after include, includes or including does not limit what else might be included; and
  14. the rule of contra proferentem does not apply to this Agreement.

13. General

13.1  You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

13.2  The non-exercise of or delay in exercising any power or right of PCA does not operate as a waiver of that power or right. A power or right may only be waived in writing by PCA.

13.3  If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

13.4  Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

13.5  These Terms are governed by the laws of the Australian Capital Territory and each party submits to the jurisdiction of the courts of the Australian Capital Territory.

13.6  Except where stated otherwise these Terms represent is the entire agreement of the you and PCA on the subject matter. All representations, communications, prior agreements, statements and understandings, whether verbal or in writing, in relation to the subject matter are merged in and superseded by these

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