Terms & Conditions

USER TERMS AND CONDITIONS

This is the Your Health Highway (YHH) User Agreement (Agreement).

The terms and conditions set out in this Agreement govern your (the User) use of the YHH website (Website) which can be accessed at www.yhh.com.au. The Website can be accessed in several ways including but not limited to the web, PDAs, mobile phones and RSS feeds. This Agreement applies whenever the User accesses the Website, regardless of how the User accesses the Website.

You must sign up to be a Subscriber if you wish to upload Content onto the Website, at which time the Subscriber terms and conditions will apply to your use of the Website.

  1. Use of the Website
    1. The Website allows the User to find information about and register their interest in YHH's online medical records filing service.
    2. The User agrees to be bound by the terms and conditions contained in this Agreement, which are subject to change at YHH's discretion. The User's use of and access to the Website indicates their acceptance of this Agreement, as such terms and conditions exist at that time. If the User objects to any changes to the Agreement, the User's only remedy is to immediately discontinue use of the Website.
    3. The User's access to the Website may be suspended at any time without notice. YHH reserves the right to change or discontinue any Website, feature or service at any time without notice to the User.
  2. Content
    1. All information, material and documentation (Content) contained on the Website is given in good faith and has been derived from sources believed to be accurate at the time of uploading or linking. The Content has not been verified by YHH and may not be complete or accurate for the User's purposes. YHH makes no representation or warranty of any kind as to the accuracy or completeness of the Content.
    2. Information contained on the Website is general information only and should not be considered as a comprehensive statement on any matter and should not be relied upon as such.
  3. Third party content
    1. By using the Website, YHH may provide the User with access to view information or view or purchase products or services belonging to third parties.
    2. Third party products, services and information are not provided by YHH. If the User purchases third party products or services it is the User's responsibility to check with the third party provider as to the terms and conditions of their relationship and the accuracy of the third party Content.
    3. YHH makes no representations regarding the accuracy or suitability of the third party Content provided on the Website.
  4. Links to external sites
    1. The Website may contain links to third party websites which are not under the control or maintained by YHH. Links to any such websites are provided for the User's information only.
    2. YHH is not responsible for the content of third party websites linked to the Website and will not be liable, directly or indirectly, for any loss or damage caused or connected with the User's use of such sites.
    3. A link on the Website to a third party website does not imply that YHH endorses or is in any way affiliated with the third party operating that third party website.
  5. Contributing Material
    1. Any information the User provides to us will be collected, used and disclosed in accordance with our Privacy Policy outlined on this Website.
    2. It is the User's responsibility to read the Privacy Policy before providing YHH with any information.
  6. User conduct
    1. The User must not:
      1. use any other person's name or contact details when registering the User's interest on the Website;
      2. provide any information to YHH which is the confidential or proprietary information of any other person;
      3. use the Website in any way that breaches any laws, regulations or rules or infringes any person's rights;
      4. knowingly transmit any virus or take any action which may interfere with the operation of the Website;
      5. use the Website to upload, post, transmit or otherwise make available information that:
        1. is or may be perceived to be defamatory, obscene, racist, profane, indecent or otherwise unlawful, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
        2. contains or promotes unlawful conduct; or
        3. the User knows or suspects is misleading or deceptive, or likely to be misleading or deceptive.
  7. Intellectual property
    1. Except where expressly provided otherwise in this Agreement, the User does not have any right, title or interest in or to any proprietary rights relating to the Website.
    2. The Website contains material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in this Agreement, the User may reproduce and display the material for the User's own personal, non-commercial use only.
    3. The User may not use the logos, trademark or other intellectual property of YHH without the owner's express written consent.
  8. No Warranty
    1. The Website and the content provided on it are provided without any warranty or condition, express or implied. To the extent permitted by law, YHH specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement unless YHH are required to provide such warranties under applicable law.
    2. YHH does not warrant the accuracy of the content on the Website. The content is provided to the User on an “as is” basis and on the condition that the User undertakes all responsibility for assessing the accuracy of the content and rely on it at their own risk. All content on the Website may be changed at YHH's sole discretion and without notice.
    3. YHH does not warrant that functions contained on the Website, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that YHH or the server that makes it available, are free of viruses or bugs.
    4. To the extent that YHH are able to limit the remedies available under this Agreement, YHH expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the supply of any service again or the payment for the cost of having any service supplied again.
  9. Limitation of liability
    1. To the extent permitted by law, YHH disclaims all liability for any loss, expense or any special, incidental or consequential damages arising out of or in connection with the Website.
    2. The User agrees to accept sole responsibility for the legality of their actions under the laws which apply to them. The User agrees that YHH and all related entities of YHH have no responsibility for the legality of their actions.
    3. To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, YHH's liability to the User or any third parties in any circumstance is limited to AUD $1,000.
  10. Indemnity
    1. The User agrees to indemnify YHH and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from the User's use of the Website.
    2. The User agrees to indemnify YHH and YHH's related entities and its respective officers, directors, agents, and employees, against all claims, demands, proceedings, losses and damages arising out of the User's breach of this Agreement or their violation of any law or rights of a third party (whether by act or omission or otherwise).
  11. No Agency
    1. This Agreement does not create any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship.
  12. Notices
    1. Unless otherwise stated, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail to Your Health Highway, PO Box 987, NORTHAM WA 6401, Australia) or by facsimile to +61-8-9621 2274.
  13. Amendments to Agreement
    1. YHH reserves the right to amend this Agreement from time to time without giving notice to the User. If the User continues to use the Website after the amendments have been made, the User will be taken to have accepted the varied terms as part of the Agreement.
  14. General
    1. The Agreement will be governed by the laws of Western Australia and the User irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of Western Australia.
    2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.
    3. This Agreement may be assigned by YHH to a third party in the event of a sale or other transfer of some or all of the assets of YHH. In the event of any sale or transfer the User will remain bound by the Agreement.
    4. This Agreement sets out the entire terms and conditions between YHH and the User.
    5. Sections 2 (Contributing content), 8 (No Warranty), 9 (Limited Liability) and 10 (Indemnity) will survive any termination or expiration of this Agreement.

SUBSCRIBER TERMS AND CONDITIONS

The YHH website (Website) is an online information and communications service provided by Your Health Highway ACN 145 366 187 (YHH). The Website contains medical information about an individual submitted by the individual, medical practitioners or the individual's designee.

These are the YHH Subscriber terms and conditions which govern subscription to the Website. The Website can be accessed at www.yhh.com.au in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These terms and conditions apply whenever Subscribers subscribe to the Website, regardless of how they subscribe to the Website.

In these terms and conditions:

Content means all the content on the Website and Subscriber's Account including but not limited to:

  1. text;
  2. graphics;
  3. images;
  4. information obtained from third parties;
  5. links to other websites; and
  6. all other material.

Health Information Officer means an employee of YHH engaged to manage Subscribers' information for the benefit of the Subscriber.

Medical Supervisor means a Medical Doctor engaged by YHH to supervise YHH information management and content as well as the conduct and performance of Health Information Officers.

Medical Director means a Medical Doctor engaged by YHH to maintain overall responsibility for YHH information management and control as well as the conduct and performance of Medical Supervisors and Health Information Officers.

Medical Doctor means any doctor registered and regulated by the Australian Health Practitioners Regulatory Agency (AHPRA).

Medical Information has the meaning set out in clause 12.1.

Medical Subscriber means any Subscriber who is a medical health practitioner registered and regulated by AHPRA including nurses, Medical Doctors, pharmacists and other health practitioners as nominated by YHH from time to time.

Personal Health Record means a Subscriber's medically supervised and curated health record of clinical information contained in the Subscriber's Account.

Privacy Policy means the privacy policy for Subscribers and users of the Website which can be found on the Website.

Subscriber means any person who has subscribed to the Website and has been issued with a valid user name and password and who has paid the Subscription Fee (if required).

Subscriber's Account means the personal and secure online information storage account established for the Subscriber.

Subscription Fee means the fee payable to access and establish a Subscriber's Account which can be found on the 'Fee' section of the Website.

Third Party Content has the meaning set out in clause 13.1.

User Agreement means the general user agreement which can be found on the Website.

  1. Subscription
    1. The Subscriber agrees to be bound by these terms and conditions which are subject to change at YHH's discretion. Subscription to the Website indicates the Subscriber's acceptance of these terms and conditions, as such terms and conditions exist at that time. If the Subscriber objects to any changes to these terms and conditions, the Subscriber's only remedy is to immediately discontinue their subscription.
    2. The most recent version of these terms and conditions will be accessible on the Website and by accessing the Website the Subscriber agrees to any changes made to these terms and conditions from time to time.
    3. The Subscriber agrees to be bound by the terms and conditions contained in the User Agreement which governs general use of the Website. The User Agreement can be found on the Website homepage.
    4. Only Subscribers may provide Content to be uploaded onto the Website.
  2. Payment for subscription
    1. Subscription to the Website is available on an annual basis.
    2. By subscribing to the Website, each Subscriber authorises YHH to charge the Subscriber's credit card for the amount of the Subscription Fee within 24 hours of registration.
    3. YHH reserves the right to charge an additional amount per quarter of a gigabyte of storage in a Subscriber's Account once the total storage in that account has exceeded half a gigabyte.
    4. YHH may change Subscription Fees, surcharges or other fees at any time upon 30 days written notice.
  3. Term
    1. The Subscriber is entitled to use the Website for an initial term of one year from the date of registration provided the Subscriber complies with the User Agreement and these terms and conditions.
    2. The Subscriber's Account will be automatically renewed for an additional one year at the end of the each term unless the Subscriber's Account is terminated in accordance with clause 19.
  4. Uploading Content
    1. YHH will review Content posted and uploaded onto the Subscriber's Account in order to organise the Content for the benefit of the Subscriber. The information management process is undertaken by the Health Information Officer under the supervision of the Medical Supervisor and achieves a Personal Health Record for use by the Subscriber and any Medical Subscribers to which access is authorised by the Subscriber or as otherwise authorised under these terms and conditions and the Privacy Policy.
    2. Without limitation, this may mean that Content is extracted, edited and sorted into appropriate clinical information sections in the Personal Health Record on the Subscriber’s account.
    3. YHH will not review Content posted or uploaded on the Website for accuracy or completeness.
    4. It is the Subscriber's responsibility to ensure:
      1. the Content being supplied to YHH; and
      2. once uploaded by YHH,
      is accurate, complete and is the Subscriber's own Content.
    5. The Subscriber must notify YHH if the Subscriber becomes aware of Content on the Website which is incorrect, misleading or which is not the Subscriber's own Content.
    6. Without limiting clause 8.1, the Subscriber must not upload Content which is not the Subscribers personal information or which the Subscriber accessed or acquired through improper or illegal means.
    7. YHH reserves the right to remove or refrain from uploading Content which:
      1. is provided by a Subscriber who has not paid the Subscription Fee;
      2. is or may be perceived to be defamatory, obscene, racist, profane, indecent or otherwise unlawful, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      3. contains or promotes unlawful conduct;
      4. the Subscriber knows or suspects is misleading or deceptive, or likely to be misleading or deceptive;
      5. is unclear or damaged;
      6. is unable to be uploaded as a result of excessive file size. Files can only be uploaded with a maximum of 300 dpi and A4 page size; or
      7. in any other way contravenes clause 8.1.
  5. Method of uploading Content
    1. Subscribers may provide Content to YHH, electronically, by facsimile or by post.
    2. YHH strongly recommends Subscribers provide Content to YHH by electronically uploading directly to the Subscriber’s Account. Whilst YHH takes all reasonable steps to ensure Subscriber's Content is secure, Subscribers acknowledge that the provision of Content by email, facsimile or post is not a confidential method.
  6. Privacy Policy
    1. Any Content the Subscriber provides to YHH will be collected, used and disclosed in accordance with the Privacy Policy.
    2. It is the Subscriber's responsibility to read the Privacy Policy before the Subscriber provides YHH with any Content.
  7. YHH rights and obligations
    1. A Health Information Officer, under supervision by a Medical Supervisor will be responsible for uploading the Content onto the Subscriber's account. The Subscriber hereby agrees and acknowledges that the Health Information Officer will review and tabulate the Content in accordance with these terms and conditions and the Privacy Policy when uploading it onto the Subscriber's Account.
    2. YHH has complete and sole control over the operation of the Website. The Subscriber hereby agrees and acknowledges that YHH may:
      1. delete any Content it believes does not comply with these terms and conditions;
      2. delete, archive or render inactive any Content in a Subscriber's Account if the Subscriber fails to pay a Subscription Fee;
      3. delete, archive or render inactive a Subscriber's Account if the Subscriber is under the age of 18 years and is not represented by a parent or guardian who is over the age of 18 years;
      4. make Content available to third parties in accordance with the Privacy Policy as well as aggregate de-identified information about Users and Subscribers; and
      5. add new features to the Website and remove current features from the Website without notice.
    3. YHH must maintain technological systems, policies and procedures to guard against unauthorised access to the Subscriber's Account and loss and damage to Content contained in the Subscriber's Account.
    4. It is the Subscriber's responsibility to keep the password and user name for the Subscriber's Account confidential to ensure the security of the Subscriber's Account is maintained.
  8. Subscribers' conduct
    1. A Subscriber must not:
      1. use any other person's name or contact details when registering the Subscriber's interest on the Website;
      2. provide any Content which is the confidential or proprietary Content of any other person;
      3. use the Website in any way that breaches any laws, regulations or rules or infringes any third party's rights;
      4. knowingly transmit any virus or take any action which may interfere with the operation of the Website;
      5. be under the age of 18 years, unless the Subscriber is represented by a parent or guardian who is over the age of 18 years;
      6. use the Website to upload, post, transmit or otherwise make available information that:
        1. is or may be perceived to be defamatory, obscene, racist, profane, indecent or otherwise unlawful, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
        2. contains or promotes unlawful conduct; or
        3. the Subscriber knows or suspects is misleading or deceptive, or likely to be misleading or deceptive.
  9. Subscribers who are under 18 years of age and represented by a parent or guardian who is over 18 years of age
    1. In accordance with National Privacy Principle 2 of the Privacy Act 1988 (Cth), the Subscriber acknowledges that on their first log in after turning 18, YHH will request that the Subscriber either:
      1. consent to their parent or guardian continuing to have access to their Personal Health Record; or
      2. open a new account and prevent access to their Personal Health Record by their parent or guardian.
  10. Authorisation for Medical Subscribers
    1. It is the Subscriber’s responsibility to provide authorisation for any Medical Subscribers to access the Subscriber’s Account at the Subscriber’s discretion through provision of a Medical Subscriber’s Access Code (Access Code) to that Medical Subscriber.
    2. The Subscriber is responsible for determining the duration of activation of the Medical Subscriber’s Access Code and to maintain confidentiality of that code.
  11. Provision of information via the Website
    1. Information obtained from the Website is intended for personal and educational purposes only and is not medical advice. It is not intended to be a substitute for professional medical advice, diagnosis or treatment. YHH does not provide Subscribers with information which is specific or tailored to their medical or health needs.
    2. Subscribers should never disregard medical treatment or advice from their personal medical practitioner or any other qualified health care practitioner. If Subscribers have medical or health questions about any of the information accessed via the Website, they should contact their personal medical practitioner or any other qualified health care practitioner.
    3. Any information obtained from the Website is general information only and should not be considered as a comprehensive statement on any matter and should not be relied upon as such.
  12. Medical Information
    1. YHH from time to time compiles medical and health related information, materials and advice which is sourced from, owned or developed by a third party (Medical Information). YHH makes no representations as to the effectiveness, accuracy, appropriateness or usability of any Medical Information available via the Website.
    2. YHH may make Medical Information available to Medical Subscribers from time to time. The Medical Subscriber may at their sole discretion provide that Medical Information to a Subscriber. The Medical Subscriber takes sole responsibility for the appropriateness, viability and suitability of any Medical Information which they elect to provide to a Subscriber. The Medical Subscriber is providing Medical Information to a Subscriber as that Subscriber's health care professional.
    3. YHH makes no representations regarding the accuracy or suitability of Medical Information provided to the Subscriber by their Medical Subscriber. It is the Medical Subscriber's sole responsibility to determine the appropriateness or applicability of any Medical Information for a Subscriber. A Subscriber should contact their Medical Subscriber if they have any queries regarding Medical Information linked to or made accessible by them as a result of a link by their Medical Subscriber.
    4. YHH accepts no liability for any injury, medical or health related incident or any other loss or damage (whether health or medical related or not) as a result of a Subscriber, their agents or affiliates or any third party relying on Medical Information.
  13. Third Party Content
    1. YHH may provide Subscribers access to products, services and medical or health related information. These products, services and medical or health related information are sourced from, owned or developed by third parties (Third Party Content). YHH makes no representations as to the accuracy, suitability, effectiveness, appropriateness or usability of any Third Party Content made accessible via the Website.
    2. If the Subscriber relies on, purchases, uses, distributes or makes any other use of the Third Party Content (or fails or omits to do any of the aforementioned), YHH accepts no liability for any loss or damage suffered by the Subscriber. It is the Subscriber's sole responsibility to confirm the terms and conditions of any third party relationship to which the Subscriber may be subjected.
  14. Links to external sites
    1. The Website may contain links to third party websites which are not under the control or maintained by YHH. Links to any such websites are provided for the Subscriber's information only.
    2. To the extent permitted by law, YHH is not responsible for the content of third party websites linked to the Website and will not be liable, directly or indirectly, for any loss or damage caused or connected with the Subscriber's use of such sites.
    3. A link on the Website to a third party website does not imply that YHH endorses or is in any way affiliated with the third party operating that third party website.
  15. Copyright
    1. Subscribers do not have any right, title or interest in or to any proprietary rights relating to the Website.
    2. The Website contains material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in this Agreement, the Subscriber may reproduce and display the material for their own personal, non-commercial use only.
    3. The Subscriber may not use the logos, trademark or other intellectual property of YHH without YHH's express written consent.
    4. The Subscriber warrants that all Content sent to YHH to be uploaded to the Subscriber's Account will be the exclusive property of the Subscriber prior to uploading. Except as otherwise agreed to in writing, when Content is uploaded onto the Subscriber's Account no legal title to that Content will be transferred to YHH.
    5. YHH will have non-exclusive possession of the Content uploaded onto the Subscriber's Account subject to these terms and conditions.
    6. Upon the termination of the Subscriber's Account or if the Subscriber fails to renew their subscription upon expiration of the term of their subscription the Subscriber's Account will be deactivated and the Content will be managed in accordance with clause 19.
  16. No Warranty
    1. The Website and the content provided on it are provided without any warranty or condition, express or implied. To the extent permitted by law, YHH specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement unless YHH are required to provide such warranties under applicable law.
    2. YHH does not warrant the accuracy and completeness of the Content on the Website. The Content is provided to the Subscriber on an “as is” basis and on the condition that the Subscriber undertakes all responsibility for assessing the accuracy of the content and relies on it at their risk. All Content on the Website may be changed at YHH's sole discretion and without notice.
    3. YHH does not warrant the accuracy and completeness of the Content on the Subscriber's Account. The Subscriber should not rely on the Content in their account to give an accurate representation of their past, present or future physical and mental health or condition.
    4. YHH does not warrant the accuracy and completeness of Content uploaded to the Subscriber's Account by Medical Subscribers or the Health Information Officer. The Subscriber should independently verify the accuracy and completeness of Content submitted onto the Subscriber's Account by Medical Subscribers. Any discrepancies, inaccuracies or omissions are to be notified by the Subscriber to YHH as soon as practicable.
    5. YHH does not warrant that functions contained on the Website, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that YHH or the server that makes it available, are free of viruses or bugs.
  17. Limitation of liability
    1. To the extent permitted by law, YHH disclaims all liability for any loss, expense or any special, incidental or consequential damages arising out of or in connection with the Website.
    2. The Subscriber agrees to accept sole responsibility for the legality of the Subscriber's actions under the laws which apply to them. The Subscriber agrees that YHH and all related entities of YHH have no responsibility for the legality of the Subscriber's actions.
    3. To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, YHH's liability to the Subscriber or any third parties in any circumstance is limited to AUD $1,000.
  18. Indemnity
    1. The Subscriber agrees to indemnify YHH and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from the Subscriber's use of the Website.
    2. The Subscriber agrees to indemnify YHH and YHH's related entities and their respective officers, directors, agents, and employees, against all claims, demands, proceedings, losses and damages arising out of the Subscriber's breach of these terms and conditions or the Subscriber's violation of any law or rights of a third party.
  19. Termination
    1. Either party may terminate the Subscriber's Account at any time for any reason, by giving 30 days written notice to the other party.
    2. YHH will not refund, either in part or in whole, any part of the Subscription Fee upon termination of the Subscriber's Account for any reason. For the avoidance of doubt, this means that where the Subscription Fee has been paid by a Subscriber, and the Subscriber subsequently ceases to be a Subscriber, the Subscriber is not entitled to a refund or set-off of the Subscription Fee. No refund will be provided for the year in which the Subscriber's Account is terminated.
    3. After six months lapse of subscription a re-joining fee is payable to re-establish the Subscriber’s Account.
    4. YHH has the right to terminate the Subscriber's Account immediately in the event that YHH determines, in its sole discretion that the Subscriber has breached these terms and conditions.
    5. Upon termination by either party, YHH will retain Content in the Subscriber's Account for at least seven (7) years but such content will be archived and rendered inactive.
  20. No Agency
    1. These terms and conditions do not create any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship.
  21. Notices
    1. Unless otherwise stated, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to Your Health Highway, P O Box 987, NORTHAM WA 6401, or by facsimile to +61-8-9621 2274.
  22. Amendments to Agreement
    1. YHH reserves the right to amend these terms and conditions from time to time without giving notice to the Subscriber. If the Subscriber continues to use the Website after the amendments have been made, the Subscriber will be taken to have accepted the varied terms and conditions.
  23. General
    1. The Subscriber's use of the Website and these terms and conditions will be governed by the laws of Western Australia and the Subscriber irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of Western Australia.
    2. These terms and conditions are severable, and if any term or condition is held to be invalid or unenforceable, such provision may be removed and the remaining terms and conditions will be enforced.
    3. YHH may assign all its rights and obligations under these terms and conditions to a third party in the event of a sale or other transfer of some or all of the assets of YHH. In the event of any sale or transfer the Subscriber will remain bound by these terms and conditions.
    4. These terms and conditions and the terms and conditions contained in the User Agreement are the entire terms and conditions between YHH and Subscribers.
    5. Sections 4 (Uploading Content), 8 (Subscribers' conduct), 16 (No Warranty), 17 (Limitation of liability) and 18 (Indemnity) will survive any termination or expiration of this Agreement.

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