General
Gippsland Pathways is for use by primary care professionals in the Gippsland PHN region, providing information on local referral pathways and access to resources.
These Terms of Use (Terms) apply to your use of the Gippsland Health Network Limited trading as Gippsland Primary Health Network, ABN 52 155 514 702 (we, us or our) websites (Websites). The Websites include https://gphn.org.au/ and Gippsland Pathways, available at https://gippslandpathways.gphn.org.au/.
If you wish to contact us in respect of any issues relating to the Websites or these Terms, you may do so here.
Acceptance of these Terms
If you wish to use a Website, you must accept and comply with these Terms. Please read these Terms carefully before using a Website and, if you do not agree to these Terms, you must not access or use the Websites.
Changes to these Terms
We may need to make changes to these Terms from time to time, to reflect changes to our operations. Every time you wish to use our Websites, please review our Terms of Use to ensure you understand the Terms that apply at that time.
Your rights to use the Websites
All copyright and other intellectual property rights in the Websites, including all trade marks, reports, tools and other content appearing on the Websites (Our Content) are owned by us and/or our licensors.
We grant you a revocable, non-transferable, non-exclusive licence to use the Websites for your own purposes, and to download and print out a copy of Our Content for your non-commercial use. If you are accessing the Websites and/or using Our Content on behalf of a health care provider you may use the Websites and download and print out a copy of Our Content for the internal business purposes of such a health care provider. You must not (and must not attempt to or permit or encourage any other person to):
- except as permitted by the licence set out above, use or copy any part of Our Content without our prior written consent;
- use any text or data mining or web scraping tools in connection with the Websites or Our Content;
- translate, modify or tamper with Our Content or any part of a Website;
- create derivative works of or from any part of a Website or Our Content;
- sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms;
- remove, obscure, obstruct, tamper with or alter any copyright marks, trade marks or other proprietary marks or notices on a Website or any of Our Content;
- knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; or
- attempt to gain unauthorised access to a Website, the server on which a Website is stored or any server, computer or database connected to a Website.
Privacy
We may collect, use and store your personal information in accordance with these Terms, our Privacy Statement and applicable legislation, including for the purposes of making available the Websites, complying with our legal obligations, and improving the user experience in relation to the Websites. If you provide us with any personal information in respect of a Website or Our Content, you represent and warrant to us that:
- you have complied with all applicable privacy laws;
- we are able to use that personal information for the purposes set out in these Terms, our Privacy Statement and applicable legislation; and
- the personal information you provide to us is complete and accurate.
Security
The Websites use the internet to provide services and information. By using the Websites, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your device. We do not warrant or guarantee the security of the Websites. You are solely responsible for the security of your device (including any software or data on that device) and for using appropriate and up-to-date software on your device to detect and manage the threat posed by viruses and other harmful code.
Non Excludable Guarantees
To the extent we are permitted to do so by law, we exclude from these Terms any term (including any representations, conditions and warranties), guarantee or right that may be implied or imposed, whether by statute, general law or custom. This does not apply in respect of any term, guarantee or right implied or imposed by law for which we are not able to exclude or limit our liability (Non Excludable Guarantees), which may include those imposed by the Australian Consumer Law. However, where we are able to limit our liability for breach of any such Non Excludable Guarantee, we limit our liability to the following remedies (the choice of which is will be at our sole discretion):
- in the case of goods: the replacement of the goods or supply of equivalent goods; the repair of the goods; or the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
Websites and Content are provided as is
To the extent permitted by law and subject to any Non Excludable Guarantees, we make no guarantee as to the availability, reliability or other performance of the Websites. We will use reasonable endeavours to generally make the Websites and Our Content available to you. However, the availability and performance of the Websites depends on various factors outside of our control, including your network connection and the functions, capacity and configuration of the device which you use to access the Websites, and as such we cannot guarantee that:
- you will be able to use the Websites and/or Our Content at any time; or
- your use of the Websites will be continuous, uninterrupted, secure or error-free.
Our Content and other information available through the Websites is provided for general information purposes only and you acknowledge that it has not been created specifically for you or your organisation or to provide you or your organisation with health advice or any other specific advice.
The information may also be subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could impact its currency, completeness or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Websites, including Our Content, is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Websites is current, complete and accurate before using it.
Liability
You acknowledge and agree that your access to, and use of, the Websites and Our Content is at your own risk. To the extent permitted by law and subject to any Non Excludable Guarantees, you agree that we are not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss), whether in tort (including negligence) or otherwise arising out of, or in connection with the Websites and/or Our Content, including (without limitation) in connection with
- your use, and the use by anyone else in your organisation, of the Websites or any of Our Content;
- your inability to use a Website or any of Our Content for whatever reason and however arising, including (without limitation) negligence;
- any reliance you have placed on Our Content, including any decisions made by reference to Our Content; and
- any interference with or damage to your device (or any software or data on your device) resulting from your use of the Websites or Our Content.
Third party links
The Websites may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. You acknowledge that you access such links at your own risk and we make no representations or warranties as to, and accept no responsibility or liability for:
- your use of such links; and
- the accuracy of information provided via such links on those websites, nor do we endorse any information, opinions, goods or services referred to on them.
Suspension, withdrawal of or changes to the Websites
We reserve the right to:
- immediately suspend, lock or terminate your access to and/or use of the Websites; and/or
- withdraw, add, change or disable a Website and/or any of its features or components, including any of Our Content,
in each case at any time and for any reason, without notice to you. If requested by us, you must immediately:
- cease your use of the Websites; and/or
- destroy, expunge, disable or restrict access to any of Our Content that you have printed or downloaded, and any information derived or generated from that information.
General
We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy. Any waiver by us must be provided in writing.
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, then the relevant provision may be severed from these Terms and the invalidity of that provision will not affect the validity of the remaining provisions.
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts having appeal from them.