- Administrator means a portal, service, group or Organisation administrator that has been authorised by the Organisation with some level of responsibility or control in terms of other users of the healthdirect Video Call.
- Approved Purpose means to increase the number of people accessing healthcare services via video consultation.
- Consumers means patients, guests, carers, and other health professionals You invite to use healthdirect Video Call.
- Consumer Video Room means a video room created for each Consumer as they enter a Waiting Area.
- Devolved Local Recording or DLR means a digital recording and stored file copy of an audio or video and audio consultation that has taken place between a clinician and patient on the healthdirect Video Call Management Platform and which is held or stored by the clinician’s Organisation, not by Healthdirect Australia. The recording is recorded live during the consultation and no digital copy of the Devolved Local Recording is available on the platform post-consultation.
- healthdirect Video Call means the suite of services and web-based management software designed to help health care providers offer video call access to their services as part of their day-to-day operations.
- healthdirect Video Call Management Platform means the platform provided by Healthdirect Australia which allows You and Your Users to manage and attend video consultations.
- healthdirect Video Call Material means any resource material and administrator information supplied by Healthdirect Australia that may be provided to You by Your Organisation or by Healthdirect Australia.
- Organisation means, where applicable, the organisation which you are a part of or affiliated with that has authorised You to access the Services as an Account Holder.
- Services means healthdirect Video Call, which includes the healthdirect Video Call Management Platform and the healthdirect Video Call Material.
- Start Video Call Button means the button, if any, You embed on Your Website that enables consumer to enter a Waiting Area.
- Waiting Area means the online space or entity that allows consumers to participate in video consultations with health care services. Consumers enter a Waiting Area, and wait in their own private video room until a health care provider is ready to join them.
- "We" or "Us" means Healthdirect Australia Ltd.
- "You" and "Your" refers to a person who is an account holder and uses the Services, and includes an Administrator.
- "Your Users" or "User" means Consumers, other account holders, Your service providers, and anyone You authorise as an Administrator or otherwise, to use healthdirect Video Call.
- Your Website means the website or other interface that You develop, own, operate or use, to facilitate Consumers' access to healthdirect Video Call.
2. Access to the Services
- healthdirect Video Call is accessible by authorised Organisations and their staff for the Approved Purpose.
- The healthdirect Video Call Management Platform can be embedded into Your intranet or desktop. By entering a unique username and password at https://vcc.healthdirect.org.au, You can login to use healthdirect Video Call.
- healthdirect Video Call is intended to support in-bound video calls from health care Consumers. The maximum number of sites in a single call is 4 to 6 depending on internet connectivity, and the power of the computer at each site. This number is less for smart phones.
- Use of healthdirect Video Call requires the use of a combination of hardware and browsers supported by Healthdirect Australia (Supported Environments). Details of the Supported Environments are set out in the Video Call Technical Guide accessible at: https://vcc.healthdirect.org.au/techguide
- You may invite Consumers to participate in a video call with You using healthdirect Video Call by:
- embedding a Start Video Call Button in to Your Website; or
- providing Consumers with personalised links to healthdirect Video Call via email, SMS or post.
- You may activate the Devolved Local Recording feature which allows your video consultation with a Consumer via healthdirect Video Call to be recorded, subject to the Consumer providing their consent.
- A digital copy of the Devolved Local Recording will not be available to Consumers on the healthdirect Video Call platform post-consultation as this must be stored locally by You.
- You must ensure all Devolved Local Recordings you hold are maintained and protected in accordance with all applicable privacy laws.
- Healthdirect Australia is not responsible:
- if Your Users are unable to access the Services for the Approved Purpose for any reason e.g., failure of internet, hardware, local networks, and human error; or
- for addressing any actions required or changes resulting from changes to any browser or operating system (including those listed as Supported Environments in the Video Call Technical Guide), which may affect use of the Services.
- Use of the Services requires the use of audio-visual peripherals (monitors, web cameras microphones/speakers or headsets) that are fit-for-purpose. Inadequate peripherals can have a major impact on the ability to successfully access and use the Services.
- You can find further information about healthdirect Video Call at https://help.vcc.healthdirect.org.au/
4. Administrator responsibilities
- You may be assigned the role of Administrator by Your Organisation. Where this is the case, You confirm that You will act only as authorised by Your Organisation, and that Your Organisation is responsible for any of your actions as Administrator.
- As Administrator, You are responsible for the establishment and management of all of Your Users for the Organisation that You represent, including obtaining all necessary consents including for disclosure under clause 2(j), facilitating, providing, monitoring, restricting or removing access for Your Users.
- As an Administrator, You must:
- only give account holders access to join Consumer Video Rooms that have been authorised to provide health services on behalf of your Organisation; and
- remove account holders access when they are no longer providing health services on behalf of Your Organisation.
5. Use of the Services
- You may only access Consumer Video Rooms in the online Waiting Areas if You have been provided permission and authorisation by an Administrator.
6. Copyright, trademarks and Licence rights
- healthdirect Video Call and all healthdirect Video Call Material and content available through the Services, including (without limitation) text, graphics, branding, trademarks, information, architecture and coding (including any copyright subsisting in them) is owned by Us or licensed to Us.
- The Services may contain trade marks owned by us and third parties. You may not display or use in any manner any trade marks featured in healthdirect Video Call or healthdirect Video Call Material without the prior written permission of the trade mark owner.
- You must not:
- modify or create any derivative work from or commercialise in any way (including, for example, sell, rent, trade or lease) any part of the Services;
- rearrange or reorganise healthdirect Video Call or healthdirect Video Call Material for Your Website, which has not been approved for this purpose;
- modify, adapt, redistribute, disassemble, decompile, reverse engineer or attempt to discover any source code or other data in healthdirect Video Call to which we do not provide access;
- distribute, publish, or allow access or linking to healthdirect Video Call from an unauthorised location or source, except where you have provided a guest link or "one only" login to a third party joining a healthdirect Video Call;
- use, copy, distribute or modify healthdirect Video Call in any service bureau or time-sharing business;
- combine any part of healthdirect Video Call with other software, or distribute any software or device incorporating any part of healthdirect Video Call;
- represent, communicate or convey the impression that we approve, endorse, recommend or are connected in any way, with You (including your related bodies corporate, personnel or Your Users), Your Website, or any of Your goods or services other than as we have approved in writing; or
- include on Your Website or via Your use of the Services healthdirect Video Call any material that we consider to be discriminatory, unlawful, abusive, malicious, offensive, defamatory, pornographic, obscene, threatening, harassing or otherwise inappropriate, as determined at our sole discretion.
- You acknowledge and agree that we may at our sole discretion terminate the licence granted under section 5(a) and disconnect you from or restrict Your use of the Services if we consider that:
- the healthdirect Video Call Management Platform is being used on any website not owned or operated by You or Your Organisation or authorised for use in conjunction with healthdirect Video Call, even if You did not cause or authorise the use.
- We only provide access to the Services and take no responsibility for any health or other services provided through the use of the Services. We may not monitor or control the services that are provided through healthdirect Video Call. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any information or services provided by third parties via the healthdirect Video Call or endorse any opinions expressed via the healthdirect Video Call. You remain solely liable and responsible for all medical, health or other advice provided through the healthdirect Video Call.
- The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding the Services, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. We further disclaim any warranties regarding the security, reliability, timeliness, availability and performance of the Services. You understand and agree that You will be solely responsible for any damages to any computer system or any loss of data that results from the use of the Services.
- We make no representation or warranty (express or implied) as to the currency, completeness, accuracy, reliability, suitability, availability or relevance of any information provided by us to you in relation to, or as part of the Services. You must exercise Your own judgement with respect to Your use of the Services and You should carefully evaluate the currency, completeness, accuracy, reliability, suitability, availability or relevance of the available information.
- Without limitation to section 8(c), we make no warranty regarding the ownership, continuation, suitability or fitness for use of third party intellectual property used in the Services.
- We do not warrant that you will have continuous and uninterrupted access to healthdirect Video Call or that the Services will conform to any particular service levels or performance specifications.
- We do not warrant that the Services are free of any form of harmful surreptitious code, virus or other contaminants. We do not accept any liability for any interference with, or damage to, your computer systems, infrastructure, software or data occurring in connection with the Services.
- The Services may contain links to other websites. You acknowledge and agree that we have no responsibility for the content or availability of the linked websites and we do not specifically endorse any Organisation, association or entity referred to or linked from the healthdirect Video Call.
- You acknowledge that Your use of the Services is entirely at your own discretion and risk and, to the maximum extent permitted by law, We expressly exclude all liability for any loss, damage, expenses and costs incurred by You in accessing and using the Services, including but not limited to:
- use of the Services for a purpose for which it is not intended;
- all liability arising in connection with You offering Devolved Local Recording to Consumers, including any failure by You to comply with applicable privacy laws in relation to such DLRs;
- the inability to obtain consistent, reliable and uninterrupted access to the Services;
- damage or interference to any piece of hardware, software, equipment or device installed on or used in connection with your use and access to the Services, or your internet data that arises in connection to your use of healthdirect Video Call, its content or any linked website; and
- any errors, omissions or inaccuracies contained in the Services.
9. Governing Law
Your use of the Services, and any dispute arising out of your use of the Services, is subject to the laws of New South Wales