PART A: CONSENT PROVISION

By checking this box, I acknowledge and agree to:

1. the Virtual Health Portal Terms of Use; and

2. Telstra Health’s collection and handling of any personal information I provide when registering for and using the Virtual Health Portal, in accordance with its Privacy Policy and the Privacy Collection Notice.

 

PART B: VIRTUAL HEALTH PORTAL TERMS OF USE

1. These Terms of Use

1.1. Telstra Health Pty Ltd ABN 38 163 077 236 (we, our or us) provides the Virtual Health Platform software solution (the Solution) and related services to healthcare providers (Providers).

1.2. The Virtual Health Portal (the Portal) enables individuals who are employed or engaged and specifically authorised by a Provider (Authorised Users) to access the Solution via personal devices.

1.3. Together with the terms of any agreements entered into between us and the relevant Provider regarding the Solution (Customer Contract), these Terms of Use set out the basis on which Authorised Users are permitted to use the Portal. In these Terms of Use, any reference to ‘you’ or ‘your’ is a reference to an Authorised User.

1.4. By using the Portal:

a) you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use then you must not use the Portal; and

b) you acknowledge that we and the Provider are relying on you using the Portal in an appropriate manner and in accordance with these Terms of Use.

1.5. We may revise, change or modify these Terms of Use at any time by making updated terms of use available through the Portal. If this occurs, you will be notified via the Portal which will direct you to the updated terms of use. Continued use of the Portal will be deemed acceptance of the updated terms of use.

2. Your access to the Portal

2.1. Subject to these Terms of Use, Authorised Users will generally have access to the Portal for as long as we agree to provide the Solution to the Provider under a Customer Contract. If the Customer Contract expires or is terminated, we will cease providing the Solution to the Provider and you will no longer have access to the Portal.

2.2. We or the Provider may otherwise change, suspend or discontinue any part of your access to, or use of, the Portal at any time at our or the Provider’s discretion and without any liability to you. If a change is detrimental to you, you can cease using and delete the Portal at any time, and deregister your account by emailing us at vcssupport@health.telstra.com.

3. Fees

3.1. The Portal is provided to you, on behalf of your Provider, under the terms of the Customer Contract. You do not have to pay any fees to us to access and use the Portal.

3.2. However, except when we provide you with a designated data sim solution to use the service and you utilise it to access and use the Portal you are responsible for any charges from your mobile network or internet service provider in relation to your access to and use of the Portal (if you don’t want the Portal to use mobile data, you should switch off mobile data use via your device settings).

4. Security

4.1. Each Authorised User will have one account and we and/or the Provider will provide each Authorised User with unique log-in details to use the Portal.

4.2. You need to take security seriously when using the Portal. As you are responsible for any action performed through the Portal using your log-in details, you must:

a) not allow any other person to access the Portal using your user credentials;

b) keep your username and password (or any other access code) secure at all times.

4.3. If you think someone else may know your password, you should change it immediately. You must notify us and the Provider immediately if you become aware of any unauthorised access to or use of your account.

5. Acceptable use

5.1. In connection with your access to or use of the Portal (including by inputting or recording any information, images or other data to or via the Portal) you must ensure that you do not:

a) breach any laws, or encourage or assist the commission of any illegal act;

b) infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;

c) use or access the Portal for any purpose not permitted or contemplated by these Terms of Use (or otherwise authorised by us) or which is unlawful;

d) include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Portal or any device accessing the Portal;

e) impersonate any other person;

f) negatively impact any other users’ ability to access and use the Portal;

g) publish or link to malicious content; or

h) engage in conduct which is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which will or is reasonably likely to damage our reputation or our services (including the Portal).

5.2. You must not:

a) copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any software, content, technology or intellectual property rights forming part of the Portal;

b) reverse engineer, decompile, modify, translate, use for competitive analysis, create derivate works from, disassemble, disable or tamper with any part of the software forming part of the Portal;

c) rent, lease, lend, resell or sublicense your rights to use the Portal or any content available through the Portal; or

d) provide any third party with access to the Portal without our prior written permission.

5.3. You must only use the Portal with compatible devices, as notified from time to time by us.

5.4. You agree to comply with our reasonable instructions, directions, policies or procedures regarding use of the Portal, including these Terms of Use, as notified to you from time to time by us.

6. Clinical responsibility

6.1. You are solely responsible for your use of the Portal and for the accuracy and suitability of any information, images or data that you upload or input, or request to be uploaded or input, to the Portal for processing.

6.2. You acknowledge and agree that the Portal is:

a) not designed or intended for use (and must not be relied on) in environments requiring fail-safe performance, including without limitation as part of a life support, critical, emergency or acute system, process or service; and

b) not a substitute or replacement for diagnosis, treatment recommendations and other professional and clinical decisions or judgement which you and the Provider are solely responsible for (including verifying and confirming the accuracy of information and critically important results as would be required by generally accepted standards of medical practice), and any reliance on the Portal, information or data generated by the Portal will not diminish yourresponsibility in this regard.

7. Availability and accuracy of information

7.1. While we use our best efforts to make sure that the Portal functions really well, we do not promise that it will always be accurate or defect free, or that it will be compatible with any of your other systems or services. We also don’t promise anything in relation to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via the Portal or that the information collected, displayed or communicated by the Portal is always accurate or complete.

7.2. Since the internet is not a fully secure environment, we cannot guarantee that the Portal is free from viruses or other harmful code, or that any information you transmit to or via the Portal will be fully secure. Access to and use of the Portal is at your own risk.

7.3. We are not under any obligation to you as an individual Authorised User to provide any updates, new releases or maintenance of the Portal.

7.4. If an update or maintenance does occur, this may mean the Portal is temporarily unavailable. Where possible, notification of any planned outages which may materially impact the availability of the Portal will be provided to your Provider.

8. Privacy and data management

8.1. You acknowledge and agree that we will collect, use and handle any personal information that is

provided to us by you or the Provider in accordance with:

a) our Privacy Policy, which is available on our website (see https://www.telstrahealth.com/content/telstrahealth/en/privacy-policy.html); and

b) our Privacy Collection Notice for the Portal (contained below).

8.2. Each time you submit your own personal information via the Portal, you are declaring and agreeing that you consent to the collection, storage and use of that information in accordance with our Privacy Policy and Privacy Collection Notice and as contemplated by these Terms of Use.

8.3. You must only submit or upload, or request another person or entity to submit or upload, the personal information of any patient or any other individual if you or the Provider have first obtained the consent of and provided any notification to that individual in relation to our collection and handling of their personal information, to the extent required by applicable privacy laws.

8.4. We reserve the right to access, maintain, delete or destroy all communications or information uploaded or stored in connection with the Portal at any time and in our sole discretion (including to ensure that information complies with these Terms of Use and any legal requirements).

9. Intellectual Property

9.1. We (or our licensors) retain ownership of all intellectual property rights in and to the Portal, including without limitation the software on which it is based, any documentation regarding its use, text, graphics, video, audio, information, data and the design and layout of the Portal and any messages or content we make available to you, but excluding the content data provided by you or a Provider.

9.2. You (or your Provider) retain ownership of all intellectual property rights in any content and data that you submit to the Portal.

9.3. In terms of licences:

a) we grant you a limited, non-sublicensable and revocable licence to use the Portal subject to these

Terms of Use; and

b) you grant us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any feedback or contributions you make to the Portal’s development or functionality, in connection with our operation and development of the

Portal and/or the Solution.

10. Third Parties

10.1. The Portal may contain information about or links to websites, products and services provided by third parties (Third Party Products and Services).

10.2. Such Third Party Products and Services are not owned, operated, endorsed or maintained by us (or affiliated with us), unless this is expressly indicated within the relevant information or links.

10.3. We are not responsible for any Third Party Products and Services that are linked to or identified within the Portal, and accept no liability or responsibility for your actions or omissions in relation to such Third Party Products and Services.

10.4. You should contact the relevant third party directly if you have any queries or concerns regarding the Third Party Products and Services.

11. Liability

11.1. To the extent permitted by law:

a) neither we nor our licensors, suppliers or any other third party referred to in the Portal are liable for any loss, cost, damage or injury arising out of:

i. the provision of the Portal or any content available on or via the Portal; or

ii. any use or misuse (by you, the Provider, or a third party) of the Portal or any content available on or via the Portal; and

b) all express or implied guarantees, warranties, representations or other terms not contained in these Terms of Use are excluded.

11.2. To the extent permitted by law, we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from access to and use of the Portal.

11.3. Where any guarantee, warranty, term or condition is implied or imposed into these Terms of Use by legislation, and liability for breach cannot be excluded, but can be limited, then our liability for breach of that guarantee, warranty, term or condition is limited to one or more of the following (at our option):

a) in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

b) in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.

12. Indemnity

12.1. You are liable for, and must compensate us on demand for, all losses, costs, expenses (including legal costs on a full indemnity basis), claims or damage suffered or incurred (or that we agree to pay by way of settlement or compromise) in connection with or arising out of:

a) a breach of these Terms of Use by you (including a representation or warranty);

b) fraudulent or dishonest conduct by you;

c) a failure by you to comply with Portal applicable laws, codes or standards;

d) personal injury, death or loss of or damage to real or tangible personal property caused by you;

e) claims, actions or proceedings by a third party and any investigations by a government body in relation to your acts or omissions or the health or other professional services provided by you;

f) failure to comply with any obligations of confidence or privacy under these Terms of Use, arising out of any of your acts or omissions whether accidental or not; and

g) use of your user-name, log-in details or account by any person other than you.

13. Confidentiality

13.1. You agree:

a) to maintain the confidentiality of any information that is confidential or proprietary in nature or is designated as such (including without limitation the software, source code, technology, tools, processes, functional specifications and technical materials on which the Portal is based), and which you access via or in connection with the Portal, at all times; and

b) to not disclose, use, transmit, inform or make available to any person any of that confidentialinformation, except as necessary to perform your obligations or exercise your rights under these Terms of Use.

13.2. Clause 13.1 does not apply to any confidential information which you can demonstrate:

a) is or becomes known to the public through no breach of these Terms of Use;

b) was previously known to you, or subsequently provided to you, without any obligation to hold it

in confidence;

c) is independently developed by you without the use of confidential information; or

d) is approved for release by written authorisation of us, but only to the extent of such authorisation.

13.3. You understand and agree that:

a) we may disclose confidential information that is required by law, regulation or public accountability requirement to be disclosed, but only to the extent and for the purpose of that required disclosure; and

b) we (and our suppliers and licensors) may transfer, or allow access to, your confidentialinformation to a third-party subcontractor for the purposes of providing the Portal, subject to the recipient being bound by appropriate confidentiality obligations. The use of a third-party contractor by us will not relieve us from any obligation or responsibility under these Terms of Use.

14. General

14.1. Entire agreement: These Terms of Use comprise the entire agreement that is specifically between you and us in relation to your access to or use of the Portal.

14.2. Applicable law: These Terms of Use are governed by the laws of the Australian State or Territory in which you principally reside, and we and you each submit to the exclusive jurisdiction of those courts.

14.3. Severability: If any of these Terms of Use are invalid, unenforceable or illegal, the remaining Terms of Use will continue to apply.

14.4. Assignment: You must not assign or novate these Terms of Use or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms of Use, and to the extent necessary you hereby consent to such novation, assignment or transfer.

PART C: PRIVACY COLLECTION NOTICE

TELSTRA HEALTH’S COLLECTION NOTICE FOR AUTHORISED USERS OF THE VIRTUAL HEALTH PORTAL

By signing up to and using the Virtual Health Portal you have provided, and will continue to provide, Telstra Health Pty Ltd (Telstra Health, we, our or us) with your personal information. Our Privacy Policy includes important information about how we will collect, handle and hold this personal information. It also includes our contact details if you have any questions or would like to request access to or correction of your personal information. In addition to our Privacy Policy, this Collection Notice provides further (and more specific) information about our collection and handling of the personal information we receive about you:

What personal information will be collected?

·         We may collect the following types of personal information about you: the information you provided when signing up for the Virtual Health Portal, including your name, email address and other contact details, your position description and/or job title; verification information which relates to your position with the relevant healthcare provider that employs or engages you (Provider);

·         your username(s) and log-in details;

·         your location information (if this is permitted by your device settings);

·         details of how you access and use the Virtual Health Portal ;

·         records of any communications we may have with you.

Why is Telstra Health collecting your personal information?

We’re collecting your personal information for the primary purpose of enabling you to access and use the Virtual Health Portal, as agreed between us and the Provider. We may also use it to provide usage monitoring and reports to the Provider, and for any other secondary purposes set out in our Privacy Policy.

What it means if you don’t provide your personal information to Telstra Health?

If you choose not to provide your personal information, you may be unable to sign-up for or continue to use the Virtual Health Portal.

Who might we disclose this type of personal information to?

In order to fulfil the purposes described above, we may need to share your personal information with certain third parties, such as:

·         the Provider; and

·         our contractors and service providers who help us operate our business, on a need to know basis only (and subject to confidentiality requirements).

We will take reasonable steps to ensure that all recipients of your personal information abide by the Privacy Act and the Australian Privacy Principles.