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STANDARD TERMS AND CONDITIONS FOR SERVICE
1. DEFINITIONS
Application means the application form to which these Terms are attached.
Client means the person or entity specified in the Application who purchases the Services.
HEALTH CONEX means Health Conex Pty Ltd of 136 Mount Street, South Gundagai, NSW 2722.
HEALTH CONEX Material means all resources used in the provision of the Services, including HEALTH CONEX's website.
Fee means the amounts specified in the Application which the Client will pay for the Services.
Reporting Tool means a reporting tool based on survey/questionnaire data.
Services means the HEALTH CONEX services selected by the Client in the Application, including the Report.
Terms means these Terms and Conditions and any special conditions agreed by HEALTH CONEX in writing.
2. GENERAL
2.1. These Terms apply to all contracts for the supply of Services by HEALTH CONEX to the Client and prevail over any other documentation or communication from the Client.
2.2. HEALTH CONEX will not be bound by any variation to these Terms unless expressly agreed in writing.
3. FEE AND PAYMENT
3.1. The Client must pay the Fee to HEALTH CONEX, in the manner specified in the Application, at the time the Application is submitted to HEALTH CONEX.
3.2. HEALTH CONEX may charge additional costs for additional services requested by the Client.
3.3. HEALTH CONEX may change the Fee at any time, if that fee is not applied retrospectively to services already having been provided.
3.4. HEALTH CONEX will not refund any amounts if the Fee for the Services decreases.
3.5. HEALTH CONEX will not issue any report prior to the payment of a minimum 3 months premium subscription.
4. CLIENT'S OBLIGATIONS
So that HEALTH CONEX can provide the Services, the Client must:
4.1. provide HEALTH CONEX with the required minimum number of completed survey/questionnaires;
4.2. provide any information reasonably required by HEALTH CONEX;
4.3. keep HEALTH CONEX notified of their correct name, postal address and any phone and email information;
4.4. comply with any and all statutory requirements relating to the collection and protection of personal information; and
4.5. comply with all other requirements agreed between the parties.
5. PERFORMANCE
5.1. HEALTH CONEX will provide the Services to the Client on a non-exclusive basis.
5.2. HEALTH CONEX will perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.3. HEALTH CONEX will ensure that HEALTH CONEX Material used in the performance of the Services is free from defects at the point of dispatch to the Client.
5.4. Survey questionnaires will be sent to the Client within 5 working days of receipt of the Application and payment of the Fees.
5.5. HEALTH CONEX is primarily a software only service. Where a practice requests data analysis this will be provided for $1 per survey (minimum $350). All completed paper copies of the survey questionnaires will be destroyed after processing and will not be returned to the Client. For further information on the handling of information see HEALTH CONEX's Privacy Policy.
5.6. Data collected from completed survey questionnaires will be stored in perpetuity by HEALTH CONEX and may be used in an anonymised format for research purposes.
5.7. The Client must not provide completed survey questionnaires/data to any third party for analysis.
6. HEALTH CONEX MATERIAL
6.1. HEALTH CONEX owns all intellectual property rights in HEALTH CONEX Material.
6.2. HEALTH CONEX grants the Client a non-exclusive, non-transferable, non-assignable, royalty-free licence to use HEALTH CONEX Material for the sole purpose of completing survey/questionnaires required by HEALTH CONEX to provide the Services. The Client must not:
6.3. copy or reproduce HEALTH CONEX Material except to the extent permitted by the licence in clause 6.2, and must not publish or publicly display the HEALTH CONEX Material (except as is required to administer surveys to the Client's participants or patients) without the express written consent of HEALTH CONEX;
6.4. create derivative works or make alterations to HEALTH CONEX Material; or
6.5. provide access to HEALTH CONEX Material to any person other than the Client's participants or patients.
7. HEALTH CONEX REPORTING TOOL
7.1. The HEALTH CONEX will analyse the data contained in the completed survey/questionnaires and present it to the Client in the form of various charts and graphs.
7.2. The HEALTH CONEX will only make access to the reporting tool available with respect to its paid clients, and reserves the right to revoke access to this feature at any time with respect to non-payment for the service/s.
7.3. The Client will own the Report and may use it freely within its own organisation but cannot supply the Report to any third party without the prior written consent of HEALTH CONEX.
7.4. Where a practice requests that HEALTH CONEX develops a standard online long form survey for accreditation this will be provided at no cost.
8. HEALTH CONEX WEBSITE
If the Client is given access to the HEALTH CONEX website portal, the Client:
8.1. is entirely responsible for its access to, and use of, the HEALTH CONEX website portal;
8.2. must comply with all terms and conditions prescribed by HEALTH CONEX governing access to, and use of, the HEALTH CONEX website portal;
8.3. is entirely responsible for its use of any third-party software, web-based applications or links to other websites that are integrated with the HEALTH CONEX website portal;
8.4. must keep secure all passwords and any confidential user identification used to access the HEALTH CONEX website portal; and
8.5. agrees that HEALTH CONEX will not be liable for any HEALTH CONEX website portal downtime.
9. LIMITATION OF LIABILITY
9.1. To the fullest extent permitted by law, HEALTH CONEX's liability arising out of the Services, whether under common law, the law of contract, tort (including negligence), in equity, pursuant to statute or otherwise, is limited to the Fees payable by the Client for the Services.
9.2. HEALTH CONEX shall not be liable for any failures, errors and malfunctions caused in whole or in a significant part by issues due to general internet latency and connection loss, or issues related to the Client’s inadequate bandwidth, insufficient network, or similar.
9.3. HEALTH CONEX will not be liable to the Client or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Client, however caused.
9.4. The Client may have statutory rights that do not permit HEALTH CONEX to limit its liability to the Client. However, in circumstances where HEALTH CONEX can limit its liability under those statutory rights, the maximum liability of HEALTH CONEX for breach of those statutory rights is limited at HEALTH CONEX’s option, if the breach relates to the Services, to:
9.5. the supply of the Services again; or
9.6. the payment of the cost of having the Services supplied again.
10. INDEMNITY
The Client indemnifies HEALTH CONEX for any claim or proceeding (legal, equitable or statutory):
10.1. by a third party against HEALTH CONEX or against the Client in any way concerning the provision of the Services by HEALTH CONEX to the Client; or
10.2. arising from the Client's breach of these Terms.
11. CANCELLATIONS-RETURNS/REFUNDS
11.1. If the Client fails to complete the survey questionnaires for reasons unrelated to HEALTH CONEX, no refund will be given.
11.2. Both parties must return and/or destroy information received from the other on request.
12. SEVERANCE
If anything in these Terms is unenforceable, illegal or void, then it is severed, and the rest of these Terms remain in force.
13. GOVERNING LAW
These Terms are governed by the laws of Australia.
HARDWARE AGREEMENT