Terms of Service for the Injury Management System (IMS)
Updated May 2022
1. These Terms govern your use of the IMS
1.1 Work Healthy Australia (ABN 54 600 246 820) (WHA, we, us or our) is the owner and operator of the platform known as the ‘Injury Management System’ and its related systems and technologies (IMS).
1.2 Please read through the following terms of service for the IMS (Terms). The Terms will form an agreement between you and us which will govern your use of the IMS.
1.3 Users of the IMS (Users) are individuals who have been authorised to access the IMS by their employer or contracting organisation who is a WHA client (Company). Such access is subject to these Terms.
1.4 Users can access the IMS for the purposes of facilitating onsite injury management by their Company. Access is tailored to meet User needs, and may include:
- Viewing, and in some instances editing patient details (for example: address, phone number, email address).
- Viewing patient treatment history and practitioner notes for the purposes of facilitating an effective treatment, rehabilitation or return to work program.
- Viewing the Company job bank.
- Viewing and downloading reports (for example: patient complaint summaries, pre-employment screens, next appointment lists).
- Viewing and/or managing the appointment schedule for patients and job candidates.
1.6 By accessing and using the IMS, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.
1.7 Failure to comply with these Terms may result in termination, suspension or restriction of your access to the IMS without notice in our absolute discretion.
1.8 If you disagree with any of these Terms, please do not use the IMS.
2. Access and use
2.1 Authorisation from Company
- By using the IMS, you warrant that you have been authorised by your Company to be a User of the IMS in accordance with these Terms.
2.2 Acceptable use of the IMS
- The IMS is made available to Users for the purposes of facilitating onsite injury management by their Company. Such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.
- We reserve the right to audit Users’ system activity to determine if their use of the IMS is in accordance with these Terms.
- We reserve the right to restrict, suspend or cancel User access to the IMS if a system audit reveals that a User has exceeded the scope of use permitted under these Terms.
2.3 Accounts and passwords
- We will grant a User access to the IMS by registering them with an account (Account). Accounts are linked to a specific User email address. Accounts must not be used to access the IMS by any person other than this specific User.
- Group or shared email accounts cannot be assigned to an Account (for example: “firstname.lastname@example.org”).
- If you request an Account on behalf of another individual, you warrant that you have the authority and consent of that individual to bind them to these Terms, and you warrant that you have that individual’s consent to share their personal information via the IMS for this purpose.
- Once you have been registered for an Account, you agree to the following terms:
a) you must provide a valid email address for an Account, and we may use those email details to contact you regarding the administration of your Account (including for security and identity verification purposes);
b) if any of the details you provided when you registered your Account change, you must promptly update your Account details using the Account settings provided in the IMS, or by otherwise contacting us using the contact details provided in these Terms;
c) you are responsible for the use and security of your Account and password, and you must not provide your Account details or password to any other person;
d) you must ensure that your Account is protected at all times from misuse or unauthorised access; and
e) you must notify us immediately if you suspect or become aware of any unauthorised access to your Account or if your Account details or password have become compromised, or if you otherwise believe there has been a breach of these Terms.
2.4 Scope of IMS services
- You acknowledge and agree that:
a) the IMS itself does not provide health advice or health services, is not a diagnostic tool, and is not designed to be used for the specific treatment of any particular condition or issue;
b) the IMS merely facilitates onsite injury management by a Company;
c) any information provided by the IMS should not be used as a substitute for patient assessment, diagnosis and treatment by appropriate health practitioners;
d) you use the information provided by the IMS and any information you share through the IMS at your own risk; and
e) we in our absolute discretion may refuse to allow you access to use the IMS where we consider this poses a safety risk or is otherwise appropriate.
- You must not make any part of the IMS and information provided through the IMS available as part of another application or website or system in any manner without our express written consent.
- We may provide links to or information from third party applications or websites through the IMS (Third Party Information). We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information. Further, we do not claim that any Third Party Information is accurate. You are responsible for assessing the relevance and accuracy of the Third Party Information. Linked third party applications or websites may have their own terms and conditions of use and privacy policies, and you should familiarise yourself with those terms and conditions and privacy policies when using such third party applications or websites.
2.5 Device security
- You must take precautions to ensure that your processes and any devices you use for accessing the IMS do not expose the IMS to the risk of viruses, malicious computer code or other forms of interference in any way.
- You must not use any device, application, software, item or equipment, or take any action, which does or may affect the operation of the IMS.
- It is your responsibility to ensure that any devices and systems you access the IMS with are compatible with the IMS, and suitable for use of the IMS.
- We do not guarantee that the IMS will be error free or that access to it will be uninterrupted.
3.1 We will handle your personal information (and any personal information of patients) in accordance with:
- applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in that Act, and the Health Records Act 2001 (Vic) and the Health Privacy Principles contained in that Act; and
- collect and analyse data relating to the provision, use and performance of various aspects of the IMS, including but not limited to:
a) User activity and behaviour; and
b) technical information about Devices, system and application software and peripherals; and
- collect your personal information (including your contact details and activity in using the IMS) via the IMS; and
- allow the information above to be accessed and shared with your Company where necessary for auditing or compliance purposes regarding use of the IMS; and
- use the information above to improve and enhance the IMS and other systems or to monitor compliance with these Terms.
3.3 You agree to comply with all applicable privacy laws when collecting and handling any personal information (including patient personal information) via the IMS.
3.5 You must not share with any third party, copy or export any other person’s personal information (including health information) externally from the IMS unless this is in accordance with applicable privacy laws, and you have obtained all necessary consents from each such person.
4. User data
4.1 As a User of the IMS, you may be able to enter, upload or otherwise provide personal information, health information, and other information through the IMS (User Data).
4.2 You warrant, in respect of any User Data that you provide through the IMS, that you have the right to provide such User Data, and the provision or use of such User Data does not breach these Terms, applicable privacy laws or other applicable laws, or the intellectual property rights of any third party. Without limiting the remainder of this clause, you also warrant that where you enter, upload or otherwise provide personal information, health information, or other information into or via the IMS, you will only do so where all necessary consents have been obtained and this is otherwise in accordance with applicable privacy laws.
4.3 You agree that you are solely responsible for all User Data that you provide through the IMS.
4.4 We do not endorse any User Data, nor do we claim that any User Data is accurate. We are in no way responsible nor liable for User Data.
4.5 We are not responsible for providing any supervision or monitoring of User Data available through the IMS. However, we reserve the right to restrict or remove access to any User Data at our absolute discretion, including but not limited to circumstances in which the User Data is in breach of these Terms.
5. Intellectual property
5.1 Unless expressly stated otherwise, we are the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with the IMS, whether or not you contribute to such material.
5.2 Except to the extent permitted by the ‘Limited Licence’ referred to in these Terms below, or as required under law, the IMS must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express prior written consent.
5.3 We grant you a limited, revocable, and non-exclusive licence to access and use the IMS (Limited Licence) for the purposes of facilitating onsite injury management by your Company. You must not access or use the IMS for any other purpose, including commercial purposes. The rights granted to you by the Limited Licence are personal, and must not be transferred, assigned or sublicensed to any other person without our express prior written consent.
6. Limitation of liability and indemnity
6.1 While every effort is made to ensure information entered is true and accurate, we do not make any warranties or representations regarding the quality or accuracy of the information provided through the IMS.
6.2 To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with:
- your use of the information provided by the IMS; and
- the deletion or otherwise unavailability of information, services or other functionality contained in or accessed through the IMS.
6.3 To the extent permitted by law, you agree to indemnify us and hold us harmless against any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with:
- any breach by you of these Terms;
- any User Data that you provide through the IMS; and
- any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).
7.1 Without limiting any other rights under these Terms, either party may terminate these Terms by provision of written notice to the other party if:
- the other party breaches any provision of these Terms that is incapable of remedy; or
- the other party breaches any provision of these Terms that is capable of remedy but fails to remedy the breach within 14 days of notice requiring it to do so.
7.2 If these Terms are terminated for any reason, your access to your Account and to IMS will also be terminated. In that case you must not seek to access your Account or the IMS.
7.3 Termination of these Terms or termination of your Account or access to the IMS does not affect any accrued rights of either party.
8. Updates to the IMS and other systems
8.1 We may, from time to time, in our absolute discretion:
- roll out IMS and other system updates to Users;
- withdraw or disable previous versions of the IMS and other systems from being used by Users.
8.2 Updates may include but are not limited to upgrading, adding, removing, modifying features of the IMS.
8.3 We will endeavour to communicate any significant Updates with Users prior to these being made active.
9. Updates to these Terms
9.1 We may from time to time amend or update these Terms at any time by publishing new Terms on the IMS. You are bound by any such new Terms where you continue to use the IMS after any such amendment or update of the Terms. You are responsible for reviewing the IMS when you access it to check for any amendment or update of the Terms.
10.1 Any provision of these Terms which is found to be invalid or unenforceable must be read down, if possible, so far as to be valid and enforceable, and if that is not possible, the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.
10.2 These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
10.3 If you access or use the IMS in the capacity of an authorised representative of another person, you acknowledge and agree that you are legally authorised to bind that other person to these Terms.
11.1 In addition to the definitions provided in these Terms above, the following definitions apply to these Terms (unless the context requires otherwise):
- Device refers to any device owned or controlled by the User, which is used to access the IMS.
- Health information has the same meaning as in the Privacy Act 1988 (Cth).
- IMS refers to the platform known as the ‘Injury Management System’ and its related systems and technologies, which is owned and operated by Work Healthy Australia.
- Patient refers to individuals whose personal information and health information is recorded in the IMS, and who are linked to the User’s Company record.
- Personal information has the same meaning as in the Privacy Act 1988 (Cth).
- Related systems and technologies (in respect of the IMS) refers to:
a) the Work Healthy Australia Portal (whaccess.workhealthyaustralia.com.au); and
b) digital reporting (“Your Reports” and other e-reporting services).
12.1 Questions or enquiries regarding these Terms or the IMS can be directed to:
- Mail: Work Healthy Australia, PO Box 672, Gisborne VIC 3437
- Phone: 1300 734 643
- Email: email@example.com