ManageMyHealth::Empowering for Health & Wellness

ManageMyHealth™

Terms of Use

Last Updated on Thursday, March 15, 2012

About these Terms of Use

1. In consideration for Medtech HealthCare Pty Limited (“Medtech”) allowing you the right to access and use the ManageMyHealth and ortus-ihealth.com service (“ManageMyHealth™”) you agree to be bound by these Terms of Use. This right is non-exclusive and non-transferable and limited by these Terms.

2. These Terms of Use apply to any user of ManageMyHealth™ whether they are a visitor, account holder, health professional or otherwise.

3. By using ManageMyHealth™ you agree to be bound by these Terms of Use, which shall take effect immediately the first time you use ManageMyHealth™. If you do not agree to be bound by all of these Terms of Use please do not access, use and/or contribute to ManageMyHealth™.

4. Medtech may change these Terms of Use from time to time and accordingly you should check these Terms of Use regularly. Your continued use of ManageMyHealth™ will be deemed acceptance of the updated or amended Terms of Use. If you do not agree to the changes, you should cease using ManageMyHealth™.

5. If there is any conflict between these Terms of Use and specific local terms appearing elsewhere on ManageMyHealth™ or terms entered into independently with Medtech, then the specific or independent terms of use shall prevail.

Use of ManageMyHealth™ and your obligations

6. You agree in using ManageMyHealth™ that you will:

     a.   comply with all laws;

     b.   comply with all ManageMyHealth™ policies;

     c.   comply with all ManageMyHealth™ code of conduct;

     d.   keep all access details including passwords and codes secret; and

     e.   notify Medtech if you learn of a security breach related to ManageMyHealth™ by emailing us at support@ortus-ihealth.com.

7. You agree in using ManageMyHealth™ that you will not:

     a.   infringe the privacy rights of any ManageMyHealth™ user;

     b.   use ManageMyHealth™ in a way that harms Medtech or ManageMyHealth™ or our related entities, resellers, distributors, suppliers and/or vendors (each referred to as a "Medtech party"), or any customer of a Medtech party;

     c.   mislead any ManageMyHealth™ user, including supplying data that is falsely made to appear as originating from or being endorsed by ManageMyHealth™ or Medtech;

     d.   use any portion of ManageMyHealth™ as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;

     e.   use any unauthorised means to modify or reroute, or attempt to modify or reroute ManageMyHealth™; damage, disable, overburden, or impair the ManageMyHealth™ (or the network(s) connected to ManageMyHealth™) or interfere with anyone’s use and enjoyment of ManageMyHealth™; or

     f.   resell or redistribute ManageMyHealth™, or any part of the ManageMyHealth™ services.

8. Medtech does not recommend sharing your access details with anyone. If you need someone to access your information they should register as a user within ManageMyHealth™ and when the feature is available provide this person access via a managed trust list.

9. If in an emergency situation you share your access details to help with your care, Medtech recommends you change your password as soon as practical. If you do share your access details you must ensure that the person you share your access details with also adheres to these Terms of Use.

10. If you access someone else’s information, you acknowledge and warrant you have the authority to do so.

11. You authorise Medtech to send emails to your declared email address which is also your user-id/system name. These emails will not contain any of your personal or health information. You must advise your registering Healthcare Provider if you change your email address. All emails sent to your account will be assumed to have been read.

Privacy

12. Medtech considers your use of ManageMyHealth™ to be private. However, Medtech may access or disclose information about you, your account and/or the content of your communications, in order to:

a. comply with the law or legal proceedings served on it;

b. enforce and investigate potential violations of these Terms of Use; including use to participate in, or facilitate, activities that infringe the law; or

c. protect the rights, property, or safety of Medtech, any Medtech party, ManageMyHealth™, their employees, customers or the public.

You consent to the access and disclosures outlined in this section.

13. Medtech may use technology or other means to protect ManageMyHealth™, protect our customers, or stop you from breaching these Terms of Use.

14. In order to provide you with ManageMyHealth™, Medtech may collect certain information about ManageMyHealth™’s performance, your machine and your use of ManageMyHealth™. Medtech may automatically upload this information from your machine. This data will not personally identify you.

15. In addition to the above, the ManageMyHealth™ Privacy Statement and Code of Conduct forms part of these Terms of Use. By agreeing to these Terms of Use you also give your consent to the way we may handle your personal information under that statement. You can access the ManageMyHealth™ Privacy Statement or Code of Conduct by clicking on the links.

Intellectual Property

16. All copyright, trade marks, designs, patents and other intellectual property rights (registered and unregistered) in and on ManageMyHealth™ and all content (including all applications) located on the site shall remain vested in Medtech or its licensors (which includes other users).

17. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use ManageMyHealth™ content in any way except for your own personal, non-commercial use unless otherwise agreed in writing with Medtech.

18. You agree not to adapt, alter or create a derivative work from any ManageMyHealth™ content except for your own personal, non-commercial use. Any other use of ManageMyHealth™ content requires the prior written permission of Medtech.

19. Nothing contained in these terms shall be construed as conferring you any licence or right to use any trade mark, design right or copyright of Medtech or any other third party.

20. You warrant that all content uploaded or shared by you, either from your own computer or another source, are either created or owned by you, or that you have the necessary licences, rights and permissions to use the content uploaded or shared.

21. You acknowledge and agree that upon receipt and notice of any claim from a third party, Medtech may immediately remove any content from ManageMyHealth™ without liability. Any claims of any complaining party shall be referred to you for your attention.

Content

22. You agree in respect of any Content uploaded on the Website that it complies with the ManageMyHealth™ Code of Conduct , and without limiting the Code of Conduct does not:

a. infringe any intellectual property rights of any third party;

b. infringe the privacy rights of any third party;

c. detrimentally affect the brand or reputation of ManageMyHealth™ or any affiliates or partners of ManageMyHealth™;

d. mislead as to the nature, type, service or benefits of the any content;

e. contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out of date information;

f. encourage, counsel, incite or suggest any criminal or unlawful acts;

g. seek to take advantage of any individual or and individual groups by virtue of their circumstances;

h. contain vulgar and/or suggestive languages or images or innuendo or slang of a sexual, immoral, racial or violent nature; and

i. promote or provide inflammatory or demeaning opinions of an individual or group.

23. ManageMyHealth™ does not actively police uploaded content but reserves the right to remove or edit any content uploaded at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, in breach of these Terms of Use. If a user notices any such content, please email us at support@ortus-ihealth.com .

No Warranties

24. ManageMyHealth™ is provided on an "as-is," "with all faults" and "as available" basis.

25. Medtech gives no warranty under this agreement in respect of ManageMyHealth™. To avoid doubt, all implied conditions or warranties are excluded to the extent permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

26. Under Australian Consumer Law (as defined in section 4 of the Competition and Consumer Act 2010 (Cth), or any other similar legislation of a state or territory of Australia), certain statutory guarantees (Consumer Guarantees) are conferred in relation to the supply of goods or services if: the price of the goods or services is 40,000 Australian dollars or less; or the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services). If goods or services supplied to you by ManageMyHealth™ are PDH Goods or Services, the operation of the Consumer Guarantees cannot be, and are not, excluded or limited. If

a. the goods or services supplied to you by ManageMyHealth™ are not PDH Goods or Services; and

b. the price of those goods or services is 40,000 Australian dollars or less

if Medtech is the supplier of those goods or services, Medtech can, and does, limit its liability for breach of any Consumer Guarantee to (at Medtech's option):

a. in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and

b. in the case of services, re-supplying the services or the cost of having the services re-supplied

and Medtech does not exclude or limit the operation of the Consumer Guarantees and you agree it is fair and reasonable in all the circumstances for the liability of Medtech to be so limited.

27. Except for the Consumer Guarantees and the warranties and conditions set out above, Medtech excludes all warranties and conditions implied or imposed by statute, at law, in fact or otherwise.

Limitation of Liability

28. To the maximum extent permitted by law, and subject to the provisions relating to Consumer Guarantees, Medtech excludes all liability and responsibility to you in contract, tort (including negligence), or otherwise, for any loss (including loss of data), unlawful use or disclosure of data or damage resulting, directly or indirectly, from your use of, or reliance on, ManageMyHealth™.

29. Without limitation, and subject to the provisions relating to Consumer Guarantees, the limitation of liability applies to any liability caused by the inaccuracy of data provided by you to ManageMyHealth™, and any liability caused by your or a third party user’s reliance on health information available to it via ManageMyHealth™.

30. Subject to the provisions relating to Consumer Guarantees, if you suffer loss or damage as a result of Medtech's negligence or failure to comply with any independent agreement entered into with Medtech, any claim by you against Medtech arising from Medtech's negligence or failure will be limited to the amount of AU$2,000 in respect of any one incident, or series of connected incidents in any the previous 12 month period.

31. Subject to the provisions relating to Consumer Guarantees, if you are not satisfied with ManageMyHealth™, your sole and exclusive remedy is to terminate any independent agreement with Medtech for the use of ManageMyHealth™ and ceasing using ManageMyHealth™.

Further disclaimers

32. The content information available from or on ManageMyHealth™ is intended to provide general information to the public, and is not intended to address specific circumstances of any particular individual or entity. All reasonable measures have been taken to ensure the quality and accuracy of the information available on this website.

33. The contents of ManageMyHealth™ should not be construed as medical, legal or professional advice and you should take specific advice from qualified professional people before undertaking any action following information received from ManageMyHealth™.

34. Any reference to any specific commercial product, process, or service by trade name, trademark, manufacture, or otherwise does not constitute an endorsement or recommendation by ManageMyHealth™.

Indemnity

35. Subject to the provisions relating to Consumer Guarantees, you will at all times keep Medtech indemnified from and shall defend Medtech against all claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against Medtech or in which Medtech may be involved in as a consequence of your supply, use or disclosure of data supplied to you for uploading to ManageMyHealth™ or accessed by you via ManageMyHealth™. This indemnity extends to all liability, costs, damages and expenses whatsoever incurred by Medtech arising from:

Your supply of data to ManageMyHealth™;
Your use of and access to ManageMyHealth™; and
Your breach (or threatened breach) of any of these Terms of Use or the terms of any independent agreement with Medtech, or your breach of the Privacy Act 1988 or health privacy principles.

Limits on use or services

36. Without limiting any other rights and remedies available to Medtech, Medtech may, at its sole discretion, limit your activities on ManageMyHealth™ or refuse to provide you access to ManageMyHealth™ or any part of it if you:

a. breach these Terms of Use;

b. breach any ManageMyHealth™ policy;

c. breach any code of conduct; or

d. where Medtech considers any of your conduct, in its sole discretion, to be inappropriate.

37. In such an event, your access will be blocked and your information will be removed. You will be given the opportunity to obtain your information that you have provided. Health information received from your Healthcare Provider and other third parties can be obtained from the original source, and not through ManageMyHealth™.

38. Medtech may change the range of ManageMyHealth™ services or remove features at any time and for any reason.

Dispute Resolution

39. You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms of Use ("Dispute") unless you have first complied with this Disputes Resolution section.

40. Where any Dispute arises, you (or your representative) and a representative of Medtech will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.

41. Where the representatives of the parties do not resolve the Dispute within five (5) Business Days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR Australia Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.

42. If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.

43. Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.

General

44. If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country or area in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

45. These Terms of Use, the Privacy Statement and Code of Conduct supersede any and all prior oral or written communication on the subject matter contained in them.

46. Notices under these Terms and Conditions shall be in writing and shall be deemed given when delivered:

a. Personally – when they are received;

b. By email – upon confirmation of receipt;

c. By overnight mail or conventional mail – two business days after sending; and

d. By facsimile – upon receipt of a successful transmission report.

47. Medtech may assign its interest in ManageMyHealth™ at any time and for the purposes of this agreement references to Medtech shall include any person or Clinic to which it has licensed or assigned its rights and obligations.

Minors

48. You are not permitted to use ManageMyHealth™ if you are 15 years of age or younger.

Australia Use Only

49. These terms shall be governed by and interpreted in accordance with the laws of Australia which shall have exclusive jurisdiction over any disputes.

50. ManageMyHealth™ is specifically designed to be used in Australia only. If you choose to use ManageMyHealth™ outside of Australia you are solely responsible for adherence to the laws of the country from which you are accessing ManageMyHealth™.