1 Welcome
1.1. These terms set out your rights and obligations as a user of the CARE Network website and service (the Website) which is owned by the University of New South Wales ABN 57 195 873 179 (UNSW).
1.2. Before using the Website please review these terms carefully and do not use the Website if you do not agree with the terms which explains how UNSW collects, uses and discloses your personal information available at https://www.unsw.edu.au/privacy, and which you should read before agreeing to these terms.
2 How to get access to the Website
2.1. If you need technical assistance, you can always email us from the Website.
3 Acknowledgments and Acceptance
3.1. The Website provides an internet based service owned and operated by UNSW ("we" or “us”). "You" or "your" means a user of the Website.
3.2. If you do not agree with any of these terms, do not use the Website.
3.3. We may alter these terms after providing you at least 7 days’ notice of the proposed alterations. Your continued use after any change indicates your acceptance of that alteration.
3.4. You agree, as a condition of use of the Website, to observe and comply with these terms and conditions.
4 Licence, Permitted Use and Restrictions on Use
4.1. We grant to you a non-exclusive, non-transferrable licence to use the Website.
4.2. You may not assign or grant a sub-licence of or commercially exploit, grant a security interest over, or otherwise transfer, your rights to use the Website.
4.3. You may not, in any form, or by any means:
(a) copy, reproduce, store, transmit, publish, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise create derivate works from any part of the Website or its content;
(b) cause any of the Website to be framed or embedded in another website;
(c) commercialise any content, products or services in the Website; or
(d) distribute any portion of the Website to any third party or make the Website available to any third party in any way other than in a manner specifically authorised under these terms.
4.4. We reserve the right to update and change the Website from time to time.
5 Clinician Obligations and Clinical Responsibility
5.1 In the case of clinician users (Clinicians) of this Website:
(a) In consideration of your agreement to these terms and conditions, the Website may be used (at your election) by you.
(b) You must rely upon your own investigations as to whether the Website will meet your
needs as a Clinician.
(c) If you make any use of any information, material, data or other content available from or
accessible through the Website (collectively: “Website Material”):
(i) you accept clinical responsibility for assessing that application of the Website Material is suitable and appropriate for clinical purposes, including assessment, screening, and diagnosis, monitoring and treatment of patients; and
(ii) you continue to have clinical responsibility for patients and will remain professionally responsible for the overall health and welfare of your patients.
6 Intellectual Property Rights
6.1 All rights (including intellectual property rights such as copyright and trade mark) now existing or in future arising in the Website and its content is owned by or licensed to UNSW.
6.2 You do not obtain any rights in the Website other than the user rights granted in this agreement.
7 Disclaimer and Limitation of Liability
7.1 Subject to clause 7.3:
(a) we do not promise that the Website can be used without interruption or will be
malware free;
(b) we are not responsible for your loss arising out of or referable to:
(i) materials on the Website;
(ii) factors which can reasonably be considered to be outside our control, such as faults in third party equipment;
(iii) loss of data;
(iv) loss of income, loss of actual or anticipated profits, loss of business, loss of reputation, or
(v) loss caused by you acting negligently or in breach of these terms.
7.2 Links provided to other Internet sites are provided for your convenience and do not constitute endorsement of the information at those sites, or any associated person, organisation, product or service.
7.3 You may have rights under Australian Consumer Laws in the form of Consumer Guarantees which cannot be excluded. To the extent permitted by law, UNSW excludes all other conditions and warranties implied by custom, law or statute. For liability that cannot by law be excluded, UNSW's liability is limited to resupplying or paying the cost of resupplying services;
8 Indemnity
8.1 You irrevocably indemnify UNSW and each of UNSW’s, officers, contractors and employees (on whose behalf we accept this promise as their agent) against any liability, claim or proceeding that is made or commenced against us, and against any liability, loss (including consequential loss), damage or expense that is incurred or suffered by us or arising from a breach of these terms by you or as a result of your use of the Website.
9 Termination by Us
9.1 If you fail to comply with these terms, and the failure can be remedied, we may send you a notice electronically requiring you to correct your failure within 7 days
9.2 If you don’t correct your failure within the time provided in the notice under clause 9.1, or if your failure cannot be remedied, we may terminate your access to the Website after sending you 7 days' notice advising of the intended termination
9.3 If we terminate your access to the Website, you must immediately cease to use the Website.
9.4 Should you fail to cease your use of the Website following receipt of notice of termination, we may take steps to prevent you from accessing the Website.
9.5 Without limiting the operation of any other term, we will not be held liable for loss or damage arising from the exercising of these rights.
10 Survival
10.1 If we terminate your access to the Website, the following clauses will still apply:
(a) Clause 4 - Licence, Permitted Use and Restrictions of Use;
(b) Clause 6 - Intellectual Property Rights;
(c) Clause 7 - Disclaimer and Limitation of Liability
11 Applicable Law
11.1 The laws of New South Wales, Australia will apply to these terms.