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NCTS Website Terms of Use

The National Clinical Terminology Service (NCTS) website (www.healthterminologies.gov.au) (Website) is owned and operated by the Australian Digital Health Agency (the Agency). By choosing to access the Website or download content (including terminology releases, tools and applications, specifications, any software or other supporting content) from it (Content), you agree to the following Website Terms of Use and the terms of the Agency’s Privacy Policy. If you do not accept these Website Terms of Use and the terms of the Agency’s Privacy Policy, you must not access the Website or download Content.

Other parts of the Website may have specific terms and conditions of use which apply in addition to these Website Terms of Use, including, without limitation, the “Registration Terms” for access to “Registration Content” by registered users of the Website, and other terms for licensing software and other products. By accessing those parts of the Website, you also agree to those additional terms and conditions of use. The Website provides a registration process for users to register to be able to access certain Agency-developed terminology products and tools as well as licensed third party -developed products and related resources. The “Registration Terms” govern this registration process.

The Agency’s products and products developed by third parties that may be downloaded or used from the Website without registration, but which may also be subject to additional terms and conditions, include:

  1. presentations, documentation including specifications, implementation guides and scripts and other material as contained in the document library; and
  2. release notes for terminology products and tools.

The Agency may change these Website Terms of Use at its discretion and without notice. If you continue to access the Website you are deemed to have accepted the Website Terms of Use, as amended.

Purpose of the Website

The Content is provided primarily for the purposes of supporting the understanding, use and adoption of national and international standards-based clinical terminologies by vendors and implementers.

The Website consists of Agency and third party developed Content to provide both basic information and more detailed guidance on the use of terminology. It includes terminology products, resources and tools as well as licensed products developed by third parties and related resources.

Intellectual Property

  1. The Website and Content are the property of the Agency or licensed to the Agency by third parties, and are protected by Australian and international copyright, trademark law and other intellectual property laws. You may not do anything which interferes with or infringes those laws or the intellectual property rights in the Content.
  2. Content is made available subject to the following terms:
    1. the Agency retains its intellectual property rights in the Website and the Agency-owned Content on the Website; and
    2. you may use the Website and the Content to the extent permitted by and provided that you comply with:
      1. these Website Terms of Use;
      2. any applicable additional terms and conditions on the Website; and
      3. any applicable third party licenses or agreements.
  3. In addition to any temporary copy held in your computer’s cache and to facilitate your use of the Website, you may not adapt, reproduce, store, distribute, display, perform, publish, or create derivative works from the Website unless expressly permitted by any additional terms and conditions on the Website.
  4. The Website may refer to trade marks owned by the Agency or third parties. Nothing contained in this Website grants you any licence or right of use of any trade mark displayed on the Website.
  5. The terms of use of the Coat of Arms are available from the Department of Prime Minister and Cabinet website.

Use of Website

In accessing and using the Website and the Content you must not:

  1. violate any applicable laws or access or use the Website for any unlawful purpose;
  2. distribute viruses, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
  3. collect or store personal data about other users of the Website; or
  4. engage in any other conduct that inhibits any other person from accessing the Website.

Content available through the Website

  1. Content is made available subject to the following additional terms:
    1. the Content is made available ‘as is’ and in good faith, subject to any express written agreement between you and the Agency to the contrary;
    2. no representation is made by the Agency or warranty given by the Agency as to the accuracy, adequacy, completeness, merchantability, fitness for a particular purpose of the Content or non-infringement of third party rights by the Content;
    3. you must make your own assessment as to the suitability of the Content, and make your own independent inquiries on the use of the Content for your purposes, and obtain appropriate professional advice;
    4. if you use the Content in a clinical or production environment, you must ensure that you have in place an overall clinical governance process (including procuring appropriate professional advice) to identify and monitor any risks or issues relating to the use of the Content in that environment in any way that may affect the health, safety or integrity of any patient or systems; and
    5. you use the Content at your own risk.
  2. Content may be revised from time to time. The Agency reserves the right to withdraw, replace or modify the Content without having to provide reasons or give prior notice.
  3. Content may be made available subject to further third party terms (including additional ‘click to accept’ licence terms). By accessing such Content, you agree to comply with these additional terms.

Opinions and recommendations

  1. The Website may contain opinions and recommendations of the Agency or third parties.
  2. Any opinions or recommendations given by third parties are not the opinions or recommendations of the Agency. The Agency may moderate opinions and recommendations where they are defamatory, insulting, infringe intellectual property rights or otherwise do not comply with statute or law.
  3. Any opinions and recommendations of the Agency are made in good faith but are not to be read or construed as a warranty or guarantee that such opinions or recommendations:
    1. are or will be adopted by other persons; are or will be endorsed, approved, promoted or mandated by Australian or international governmental health authorities in the future in connection with eHealth initiatives or otherwise; or
    2. will continue to be promoted by them in the future.
  4. In relying on or otherwise using any opinions or recommendations, you:
    1. must make your own independent assessment of the appropriateness of those opinions or recommendations in light of your own particular circumstances;
    2. must not rely on the Agency in deciding whether or not to follow those opinions or recommendations; and
    3. should seek your own professional advice or exercise your own judgement in respect of any decision to rely on those opinions or recommendations.

Linking to this Website

You may link to this Website, but permission is restricted to making a link without any alteration of the Website’s contents. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from this Website on any other website unless express written permission has been obtained from the Agency.

The Agency reserves the right to prevent linking without notice.

Links to third party websites

The Website may contain links to other websites controlled or produced by third parties. The Agency makes no representations about the accuracy of, and takes no responsibility for, the content contained on those websites.

Any references to third parties or third party websites are not an endorsement or recommendation by the Agency and any opinions, statements, services or other information or content available on third party websites are those of the respective author(s) and not of the Agency.

If you use a link from the Website to a third party website, you acknowledge that the Agency has no control over the content of that third party website. The Agency accepts no responsibility for any transaction arising from your link to it, the content or availability of that site.

Disclaimers and limitations of liability

  1. Subject to any express written agreement between you and the Agency to the contrary and to the fullest extent permitted by law:
    1. the Website and the Content are provided on an ‘as is’ basis;
    2. you use them at your own risk; and
    3. the Agency disclaims all express or implied warranties of any kind including, without limitation, as to accuracy, adequacy, completeness, merchantability, fitness for a particular purpose and non-infringement of third party rights.
  2. Where legislation implies any condition or warranty which cannot be excluded, the Agency’s liability under any such condition or warranty will be limited to:
    1. in the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of such 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; and
    2. if the breach relates to services, the supplying of those services or the payment of the cost of having the services re-supplied.
  3. In no event will the Agency be liable for any direct or indirect loss or damage whether through negligence or otherwise (including, without limitation, special, consequential or exemplary damages; damages for loss of profits, goodwill, loss of data; or other intangible losses) suffered by you or any other person as a result of, or in connection with your use of the Website, Content or linked websites, including, without limitation, for any interference with or damage to a your computer, software or data occurring as a result of accessing the Website.

Indemnity

You agree to indemnify and hold the Agency and its related bodies corporate harmless from any claim or demand (including legal fees) made by any third party arising out of, or in connection with, your use of the Website, Content or breach of these Website Terms of Use.

Termination

  1. The Agency reserves the right to, without notice:
    1. terminate your access to the Website;
    2. remove posts, blogs or other Content from the Website;
    3. prevent access to the Website by you or any user or group of users;
    4. intercept, remove or alter any Content stored on the Website.
  2. Exercise of these rights will not prejudice or affect the accrued rights, claims or liabilities of the Agency under these Website Terms of Use. The provisions of these Website Terms of Use dealing with intellectual property, confidentiality and privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.

Governing law

The laws of New South Wales govern these Website Terms of Use.