AGREEMENT BETWEEN USER AND GLOBAL HEALTH LIMITED
HotHealth provides a range of e-health services and may comprise software, web services and web pages operated by Global Health Limited (“Global Health”).
HotHealth is offered to users (“you”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of HotHealth or any part thereof constitutes your agreement to all of these Terms and Conditions of Use as may be added to or modified from time to time.
Global Health reserves the right to change these Terms and Conditions of Use under which HotHealth is offered, including but not limited to the charges associated with the use of HotHealth, at its sole and absolute discretion at any time and without prior notice to you. The continued use of HotHealth or any part thereof or the non-termination of an account after changes are posted on the HotHealth web site constitutes acceptance of such changes.
The management of your account is done via Global Health’s account management system. You are responsible for ensuring that the email address(es) and account information provided are correct and up to date. You acknowledge that Global Health is not responsible if you do not receive communications due to the information you or your agents provide being incorrect or out of date.
You agree that Global Health may use your contact details to communicate new product and service offerings unless you advise us that you do not wish to receive such communications.
HOTHEALTH WEB SITE HOSTING
A. HotHealth Web site Builder
You agree that Global Health may impose fees or charges for the use of HotHealth which includes, inter alia, an online website builder tool. Global Health does not offer credits or refunds if you do not commence or complete building your web site or do not publish your web site after completion.
Use of the HotHealth web site builder service may require a certain level of knowledge in the use of the Internet and World Wide Web. This level of knowledge varies depending on the anticipated use and desired contents of your web site. You agree that you have or will acquire the necessary knowledge to create and maintain your web site and that it is not the responsibility of Global Health to provide this knowledge or support outside matters which are specific to Global Health servers.
HotHealth is provided on the basis that you agree to assume the entire risk as to its content, quality and performance.
B. Web Site Content
Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to copyright material, trade marks, trade secrets or other intellectual property rights used without consent or authorisation, and material that is obscene, defamatory, constitutes a threat, or violates any laws.
Global Health does not allow any of the following:
- adult or pornographic content;
- use of HotHealth for the main purpose of remote storage;
- use of robots, spiders or other similar computer code;
- upload of individual files larger than 5MB. This includes, but is not limited to, photos, PDF files, Word Documents, video, audio or any other types of files.
Global Health reserves the right to refuse to host any downloadable files.
You agree to hold Global Health harmless against all actions, claims, liability, consequences or loss howsoever arising in connection with the content or operation of your web site, including but not limited to the quality, legality, reliability, accuracy or otherwise of the information, images, messages, chats or data which you, your servants, agents, assigns, or third parties, upload to or send through your website or related applications.
You agree that Global Health may, in its sole and absolute discretion, ban or remove anything from our servers, including but not limited to applications which allow the dissemination of unsolicited email from our network, or which decrease the performance of our servers, or are in any other way deemed to be undesirable.
Global Health shall be the sole arbiter as to what constitutes a violation of this or any other provision of these Terms and Conditions of Use.
C. Data Security and Back up
You acknowledge that Global Health may and does allow access to HotHealth to anyone who enters a valid HotHealth username and password. Your username and password is merely Global Health’s way of identifying you. It does not offer you any protection or security if your username and password are disclosed (whether deliberately or inadvertently) or used by any party other than yourself. You must keep your personal information secure by ensuring that your username and password are kept strictly confidential, and by always logging off if you are using a shared computer. Please notify us immediately if there is any unauthorised use of your account.
You agree that information, images, marks or other data which you upload to your website through HotHealth becomes available to the public at large and that any use or misuse of such information is entirely at your own risk.
You are responsible for all activity originating from your account unless conclusively proven to be a victim of hacking or address forgery.
You are responsible for ensuring that back ups of your site are regularly performed. If data loss or corruption occurs, you are responsible for data restoration. Global Health shall not be liable for loss of data under any circumstances.
Global Health reserves the right to host HotHealth on servers which are located outside of Australia and in such an event, in addition to Australian laws, the data may be subject to the host country’s laws, inter alia, on privacy and data security. At the time of writing, HotHealth is hosted on US-based servers and is subject to all applicable US laws.
D. Packages and Upgrades
Package costs (where applicable) are payable in advance and renewable prior to the anniversary date each year. At the time of writing, payment may be made by credit card only. You may upgrade your package at any time and your upgraded subscription begins from the date of payment for such upgraded package.
E. Web Site Ownership and Domain Names
Web pages built using our web site builder tools and template(s) remain the property of Global Health and are non-portable.
You do not have any rights to the design, software, content management system, technology or intellectual property used by or in connection with your web site. The only part of your web site which is your property is the content (files, images, text) placed on the web site by you, your delegates/authorised users or your agent(s) and these may be copied by you prior to termination of your HotHealth web site service. Domain names purchased by you remain your property.
Although you are allowed to use the HotHealth design templates, you may not take nor reproduce the web site design upon termination of your HotHealth web site service. Custom-designed and/or customised template designs on HotHealth’s server(s), and web sites converted from an existing design to use HotHealth’s services are subject to the following:
- custom-designed web sites which are not based on HotHealth templates are your property;
- any modification and/or customisation to a web site on HotHealth’s server(s) is done as a modification to that individual web site and is not necessarily applied to any future template or design change done or requested by you;
- any web site converted from HotHealth into a static web site will incur additional costs and will not retain any advanced functions such as content management, enquiry forms, newsletter system, shopping cart, product catalogue, directory listings, search facilities, messaging, chat or other capabilities.
Global Health retains the sole and absolute right to change the universal resource locator (“URL”) of the Global Health-owned domain names at any time. You agree that all costs associated with all and any changes in URL, including but not limited to notifications required to be sent by you to third parties, shall be at your sole cost and expense and you agree that you shall not seek to recover such costs from Global Health and/or its web hosting provider.
Global Health may assist in registering a domain name on your behalf if so requested and at your cost. Domains registered on your behalf are final and cannot be changed. Any changes will require a new domain registration. However, you are solely responsible for renewing your domain name and Global Health does not accept any liability for failure to renew domain names and for all and any consequences resulting therefrom.
Information collected from you for billing and administrative functions is not provided to any outside party for any reason other than as required by law. Global Health and our web hosting provider may at times employ other companies and individuals to perform functions on our behalf. Examples include but are not limited to fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments and providing customer service. These agents may have access to personal information needed to perform their functions, but may not use it for other purposes.
Information collected through your web site will be forwarded to you and will not be used or retained by Global Health for any marketing purposes.
G. Customer Service
If for any reason Global Health’s web hosting provider is unable to provide the web hosting service, you will be notified as soon as practicable after Global Health is notified.
Global Health and/or its web hosting provider do not warrant that the HotHealth service will be error free or uninterrupted and specifically disclaim all warranties of merchantability, fitness for a particular purpose or non-infringement. In no event shall Global Health and/or its web hosting provider be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. By using the HotHealth service you agree that You shall defend, indemnify, save and hold Global Health and/or its web hosting provider harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Global Health and/or its web hosting provider, our/their agents, customers, officers and employees that may arise or result from any service provided or performed or agreed to be performed or any product or service sold, offered or facilitated by you, your agents, employees or assigns. Global Health is not responsible for any service disruption caused by the web hosting provider.
You agree to defend, indemnify and hold harmless Global Health and/or its web hosting provider against liabilities arising out of:
- Any injury to person or property caused by any products or services sold or otherwise distributed or facilitated by the use of HotHealth by you, your authorised users, agents, customers, officers and/or employees;
- Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement;
- Any defective products or services sold to customer from Global Health’s and/or its service provider(s)’s servers.
Global Health cannot guarantee that any file or program available for access, download and/or execution from or via HotHealth is free from viruses or other conditions that could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use and you release Global Health entirely from all responsibility for any consequences of such use.
PRIVACY LAWS AND CONSENTS
You acknowledge that the transmission of personal information and/or patient data may require the informed consent of the persons concerned and that where you are the sending user, the responsibility for obtaining such consents is your sole responsibility. You agree to comply with all applicable laws, rules, regulations and to obtain all consents, approvals, permits and licences required by law or any applicable regulatory body to enable your use of HotHealth and its services and/or any information you upload to your web site. You agree to hold Global Health harmless against all actions, claims, liability or loss howsoever arising from the failure to obtain the required consents, approvals, permits or licences or any other requirements laid down by law or any applicable regulatory body.
Global Health will take all reasonable steps to keep your personal information secure. Only authorised Global Health personnel are provided access to personally identifiable information in order to perform their roles and these employees have agreed to ensure this information is kept strictly confidential.
PUBLIC KEY INFRASTRUCTURE (PKI) CERTIFICATES
At the time of writing, HotHealth utilises a web server PKI certificate issued by a commercial certificate authority in relation to the encryption and decryption of information and data.
Where you utilise your own domain name, you agree and acknowledge that you are solely responsible for supplying Global Health with a current and valid web server PKI certificate at your sole cost and expense and further agree that you will indemnify Global Health against all consequences of your failure to do so.
NO UNLAWFUL OR PROHIBITED USE
HotHealth may only be used for lawful purposes.
As a condition of your use of HotHealth, you warrant to Global Health that you will not use HotHealth for any purpose that is unlawful or prohibited notwithstanding that HotHealth may be capable of being used for such unlawful or prohibited purpose. You may not use HotHealth in any manner which could damage, disable, overburden, or impair HotHealth or interfere with any other party’s use and enjoyment of HotHealth. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through HotHealth notwithstanding that HotHealth may be capable of being used to obtain such materials or information.
FEES AND PAYMENTS
Payment is due on a defined monthly/yearly recurring billing date of each month/year. Credit cards that are declined for any reason are subject to an administration fee, currently $50.00. Payment for recurring services, such as annual web site/web page hosting plans or any product or service that is paid for on a recurring basis, must be paid for in full prior to the anniversary date. Unless written notice cancelling recurring services is received within 90 days prior to the anniversary date of the recurring services, it will be deemed that you have accepted renewal of the services for the period originally purchased.
Accounts that reach 10 days past due may be terminated/restricted/suspended and are subject to a re-activation charge, currently $75. Accounts not paid by due date may be subject to a $10 late fee per month. Accounts that are not collectable may be turned over to an outside agency for collection – in such an event, you agree to pay all outstanding amounts plus the collection agency’s fee and a court rate of interest.
All fees are subject to minimum compounded annual increases equal to the Australian Bureau of Statistics Health Sector Consumer Price Index (CPI) for the preceding 12 months. Global Health reserves the right to vary any or all of the applicable fees in its sole and absolute discretion without prior notice to you.
A. Termination/Restriction of Access by Global Health
You expressly agree that Global Health reserves the right, in its sole and absolute discretion, to terminate your access to HotHealth or any part thereof at any time and without notice to you and to permanently delete your web site and any and all associated services from the server. Grounds for termination/restriction of access include, but are not limited to:
- non-payment of any monies due for any services;
- abuse of service;
- court order;
- violation of any term or condition of use, law or regulation of any governing authority having jurisdiction over the service;
- provision of false or misleading credit and/or contact information.
Termination/restriction of access will not relieve you of responsibility for the payment of all overdue fees and collection charges (if any). Global Health does not issue credits for termination/restriction of access.
If any criminal offence has been committed, Global Health will notify the appropriate law enforcement authorities.
B. Termination by You
You may terminate your subscription at any time. Subscriptions and their associated charges continue on an ongoing basis until they are cancelled. Where your subscription is subject to a minimum contract period, you must pay out the remainder of your contract if you terminate prior to the expiry of your contract. Cancellations must be done at least 90 days prior to the billing anniversary date either:
- in writing on your organisation letterhead signed by a person who is authorised to enter into contracts on behalf of the organization; or
- by email from the billing email address otherwise known as the email address used at the time the account was setup initially.
Where cancellation/termination/restriction of access occurs for whatsoever reason, your account may be de-activated and you agree that Global Health may delete all information stored in your account and/or web site without prior notice and without liability to you.
ADVERTISEMENTS AND LINKS TO THIRD PARTY SITES
The HotHealth Web Site may contain links to other Web Sites (“Linked Sites”) which are not under the control of Global Health. Global Health is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Global Health is not responsible for webcasting or any other form of transmission received from any Linked Site. Global Health is not responsible for and does not endorse the content nor imply any association with the operators of Linked Sites, or sites provided as search results and does not make any representations regarding their content or accuracy.
Use of Communication Services
The HotHealth Web Site may contain bulletin boards, chat areas, forums, news groups, communities, personal web pages, calendars, and/or other messaging or communication facilities which enable you to communicate with the public at large or with a group (collectively, “Communication Services”). Where such Communication Services are available, you agree to use the Communication Services only to post, send and receive messages and material that are appropriate and relevant to the particular Communication Service. As a condition of your use of such Communication Services, you agree that you will not do or assist or facilitate in the doing of any acts which are illegal or may be considered improper, including but not limited to the following:
- abuse, defame, harass, bully, stalk, threaten or otherwise violate the legal or personal rights of others;
- upload, publish, post, distribute or disseminate any inappropriate, infringing, abusive, defamatory, harassing, profane, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or have received all necessary consents and authorisations;
- upload files that contain viruses, corrupted files, or any other similar software, malware or programs that may damage, alter or interfere with the operation of another’s computer or intercept, steal or in any way obtain another’s information by stealth;
- advertise or offer to sell or buy any goods or services for any commercial purpose, except with the prior written consent of Global Health;
- conduct or forward contests, surveys, pyramid schemes or chain letters;
- download any file posted by other users of a Communication Service without their express consent;
- delete, obscure or falsify any copyright, legal, proprietary or other notices or labels of the ownership, origin or source of software or other material which are published or uploaded;
- prevent, restrict or inhibit any other user from using and enjoying the Communication Services;
- use or create a false identity or identities with the intention of deceiving others;
- violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- harvest or collect information about others, including e-mail addresses, without their consent; or
- violate any applicable laws or regulations.
Global Health has no obligation to monitor the Communication Services. However, Global Health reserves the right to review materials posted to a Communication Service and to remove any materials in its sole and absolute discretion. Global Health reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Global Health reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Global Health’s sole and absolute discretion.
Always use caution when giving out any personally identifying information about yourself or your family members in any Communication Service. Global Health does not control or endorse the content, messages or information found in any Communication Service and, therefore, Global Health specifically disclaims any liability with regard to the Communication Services and any actions resulting from your facilitation of or participation in any Communication Service. Managers and employees are not authorised Global Health spokespersons, and their views do not necessarily reflect those of Global Health.
Materials uploaded to a Communication Service may be subject to restrictions on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Global Health or Posted at the HotHealth Website
You agree that Global Health may use your brand, mark, name, logo or any part thereof, solely for promotional and marketing purposes, unless you notify us otherwise in writing.
Global Health does not claim ownership of the materials you provide to Global Health (including feedback and suggestions) or post, upload, input or submit to the HotHealth Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Global Health, its related companies and its sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Global Health is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Global Health’s sole and absolute discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Any and all material and services provided by Global Health is provided “as is” and Global Health disclaims all warranties, to the maximum extent allowed by law, and makes no warranty or representation, either express or implied, with regard to HotHealth, including without limitation to uptime, quality, performance, merchantability, fitness for a particular purpose, title and non-infringement.
The complete responsibility and risk of using HotHealth rests solely on you. To the maximum extent permitted by applicable law, in no event shall Global Health Limited and its affiliates, officers, directors, employees, contractors, agents, distributors, suppliers, sponsors, licensors, and the like (collectively “Associates”), be liable for any direct, indirect, punitive, incidental, special, exemplary, consequential damages or any damages whatsoever including, without limitation, damages for procurement of substitute goods or services, business interruption, increased operating costs, loss of use, data or profits, arising out of or in any way connected with the use or performance of HotHealth or any part thereof, use of the Internet or your breach of the terms and conditions of this agreement even if as a result of negligence on the part of Global Health and/or its Associates, whether from delays, non-deliveries, mis-deliveries, deletion, defect, computer virus, communication line failure, network outages, server failures, theft or destruction or unauthorized access to, alteration of, or use or misuse of information or data, service interruptions or inability to use HotHealth and/or related services, the provision of or failure to provide services, or for any information, software, products and services obtained through HotHealth, or otherwise howsoever arising out of the use of HotHealth or any part thereof, whether based on contract, tort, negligence, strict liability or otherwise, caused by Global Health’s and/or its Associates’ negligence or your errors and/or omissions or any other cause whatsoever, even if Global Health or any of its Associates has been advised of the possibility of damages.
No oral advice or written information given by Global Health and/or its Associates, shall create a warranty or liability. If you are dissatisfied with any part of HotHealth, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using HotHealth.
REMEDY FOR INTELLECTUAL PROPERTY INFRINGEMENT
Should HotHealth become, or in Global Health’s opinion is likely to become, the subject of a claim of infringement of an intellectual property right, you agree to permit Global Health, at its sole option and expense, to do any of the following: (a) procure for you the right to continue using HotHealth; (b) replace or modify HotHealth or any part thereof so that it becomes non-infringing; or (c) cease the provision of HotHealth until the conditions of (a) or (b) can be procured.
Based on express or inferred consent under the Spam Act 2003, Global Health may send you commercial electronic messages. If you do not wish to receive such messages, please notify us. The Australian Communications and Media Authority is responsible for enforcing the provisions of the Spam Act 2003.
To the maximum extent permitted by law, this agreement is governed by the laws of Victoria, Australia and you hereby submit to the non-exclusive jurisdiction and venue of courts in Victoria, Australia, in all disputes arising out of or relating to the use of HotHealth. Use of HotHealth is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Global Health as a result of this agreement or your use of HotHealth.
Global Health’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Global Health’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of HotHealth or information provided to or gathered by Global Health with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
No delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence by Global Health in respect of any breach of your obligations under this agreement is to operate as a waiver of or prevent the subsequent enforcement of that obligation or be deemed a delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence in respect of, or a waiver of, any subsequent or other breach.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Global Health with respect to HotHealth and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Global Health with respect to HotHealth.
Global Health and/or its service providers shall be the sole and absolute judge(s) of what violates these terms and conditions.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADE MARKS
All contents of this web site are protected by copyright law. Copyright resides with Global Health or other rights holders.
The names of actual organisations, products and services mentioned herein may be the trade marks of their respective owners.
Any rights not expressly granted herein are reserved. You agree that violations by you, any other person or entity, of these copyrights, trade marks, trade secrets, patents, other intellectual property protections, or these terms will be prosecuted to the fullest extent of the law in the courts of Victoria, Australia.
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