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  1. Introduction

    These Terms and Conditions describe what you (“the User”) need to know and understand about your rights and responsibilities as a user of the  Knowledge Suite comprising the Project Toolkit, Knowledge Library and Procurement Workshop (“Knowledge Suite”).
  2. Acceptance of these Terms & Conditions

    AUse of the information and materials on the Knowledge Suite will be solely for the purposes of performing any services, undertaking investigations and reviewing material on behalf of Health Infrastructure, in relation to any Health Infrastructure project (“Purposes”). Such use shall be strictly limited to fulfilling any contractual obligations that the User has with Health Infrastructure. Any other use including for commercial use purposes is strictly prohibited.
  3. Purpose

    Use of the information and materials on the Knowledge Suite will be solely for the purposes of performing any services, undertaking investigations and reviewing material on behalf of Health Infrastructure, in relation to any Health Infrastructure project (“Purposes”). Such use shall be strictly limited to fulfilling any contractual obligations that the User has with Health Infrastructure. Any other use including for commercial use purposes is strictly prohibited.
  4. Discretionary rights and reservation of the right to take legal action for misuse

    Health Infrastructure may, at any time, specify or alter the duration and extent of specific access rights as well as the general scope of services offered as part of the Knowledge Suite.

    Health Infrastructure reserves the right to remove your Knowledge Suite registration at any time without notice and without providing reasons, and additionally reserves the right to block access to the Knowledge Suite. Health Infrastructure also reserves the right to take legal action for misuse of the Knowledge Suite.

    Health Infrastructure reserves the right to take legal action for misuse of the Knowledge Suite.
  5. Warranties and liabilities

    Health Infrastructure makes no warranty as to the availability or the functioning of the Knowledge Suite.

    Any information, data, documents, pages and images on the Knowledge Suite (“Information”) is made available on the understanding that Health Infrastructure does not undertake, represent or warrant the accuracy, correctness, reliability, currency or completeness of any Information. This Information may change without notice, and Health Infrastructure is not in any way liable to the User in any way in which the Information is interpreted, used or relied on by the User.

    Health Infrastructure is not liable for any direct, indirect, consequential, incidental or punitive damages or any other losses, costs, charges, expenses or other liabilities whatsoever arising out of or in connection with your use of the Knowledge Suite, and whether in contract, tort, statute or otherwise. Health Infrastructure is also not liable for any delays, interruptions, errors or failures in the provision of the Knowledge Suite services.
  6. Your Responsibility
    1. The User must ensure that the details provided for registration of the Knowledge Suite, are accurate and complete. The User shall not at any time provide us with information which is false, inaccurate, misleading, deceptive or obsolete. Health Infrastructure has no responsibility for the accuracy, veracity and completeness of information and details provided.
    2. All information supplied by the User for use of the Knowledge Suite is to be kept accurate and up to date.
    3. If we have reason to believe that the User has not provided us with accurate information, we may choose not to proceed with the processing of your registration. The User may be contacted to discuss further.
    4. The User must not make copies or allow copies to be made of any part of the Information.
    5. Unless otherwise authorised in writing by Health Infrastructure, the User must not alter the format, meaning or substance of any Information.
    6. The User must not allow any other person to use your Knowledge Suite account. If the User believes that the security of your Knowledge Suite account may have been compromised, the User must immediately notify Health Infrastructure.
    7. When access to use the Knowledge Suite is required by more than one person within the User’s organisation, Health Infrastructure requires each of those persons to be identifiable and Health Infrastructure will therefore provide, on application, a unique user name and confidential password to each of those persons. Sharing of user accounts or disclosure of user names or confidential passwords is prohibited.
    8. The User must ensure the Information is not commercially used or exploited in any manner.
    9. All access data must be secured against the knowledge, access and use by third parties. Without limitation, this applies to associated persons of the User who have not been designated as company administrator or users. All actions and uses of the Information by any associated person or the User will be considered to be those of the User and will be ascribed to him or her.
    10. The User must refrain from abusing the Knowledge Suite. The User must in particular refrain from attempting to access the data on the Knowledge Suite pertaining to other Users or Health Infrastructure, not generally accessible.
    11. The User must not manipulate the services of the Knowledge Suite in any form. In particular the User must not transact any inputs or transmit any data which contains or may contain viruses, Trojan horses or similar executable program codes.
    12. If the employment of a User with an employer ends, Health Infrastructure must be advised by the User or the relevant employer’s management to remove access to the account.
    13. The User shall, in the event of:
      1. expiration or termination of the User’s contractual relationship (including that of their employer) with Health Infrastructure;
      2. Health Infrastructure requesting the User, at any time, to return the Information; or
      3. no longer being a registered User or authorised by Health Infrastructure to access the Knowledge Suite,
      immediately return to Health Infrastructure, all of the Information and any copies made of it in the possession or control of the User. If any part of the Information is in a form that cannot be detached from equipment, the User must erase it and certify to Health Infrastructure its erasure.
  7. Copyright

    The content of the Knowledge Suite is protected by copyright vested in Health Infrastructure or other right holders as indicated, and may not be copied, distributed, modified or made available to third parties without Health Infrastructure’s express written consent.

    The User must not take any action which may infringe the intellectual property rights subsisting in any Information (including without any limitation asserting authorship or attribution with respect to the Information).
  8. Indemnity

    The User agrees to indemnify and hold harmless Health Infrastructure from and against all loss or liability from any action, demand, suit, claim or proceedings by any person or entity arising out of:
    1. any breach of these terms by the User; or 
    2. any infringement of any law or rights of a person or entity by the User (including arising in connection with any infringement of intellectual property rights in any Information).
    The User agrees that Health Infrastructure does not accept any liability for loss caused by:
    1. any suspension or termination of your account;
    2. the use or operation of the Knowledge Suite; or 
    3. the unauthorised access use or loss of data, or any other loss occurring in connection with the use or operation of the Knowledge Suite.
  9. Confidentiality

    The User shall treat all Information in the Knowledge Suite as confidential information and refrain from divulging or disclosing such Information to third parties.

    The User must also:
    1. keep the Information confidential and not make public, disclose, or use it for any purposes other than for the Purposes;
    2. not otherwise:
      1. disclose or permit the disclosure of Information to any unauthorised persons (being any person not registered as a User); or
      2. appropriate or use the Information for the User’s own benefit and gain, or in any manner which is, or may prove to be, detrimental to Health Infrastructure or any other User,
    3. other than for the Purposes, or as expressly authorised in writing by Health Infrastructure;
    4. take all steps and do all things necessary to safeguard the confidentiality of the Information;
    5. promptly notify Health Infrastructure of any facts, matters or circumstances likely to adversely impact on the confidentiality of the Information; and
    6. comply with any specific directions from Health Infrastructure in respect to the Information.
    7. The obligation to maintain confidentiality shall also remain in force after the completion of the business relationship and shall only expire when the Information obtained has become publicly known.
  10. Security

    Whilst all reasonable security precautions have been taken by Health Infrastructure, the nature of communication by the Internet is such that Health Infrastructure cannot guarantee the privacy or confidentiality of communications transmitted via the Internet from interception or interference by third parties.

    The User is responsible for maintaining the confidentiality of your account and password and for any and all activities under your account. Health Infrastructure will not be liable for any losses the User incurs as a result of someone else using your account or password, either with or without your knowledge. Further, the User could be liable for losses incurred by Health Infrastructure or another party as a result of someone else using your account or password.

    Health Infrastructure does not guarantee that access to the Knowledge Suite website will be uninterrupted. All reasonable effort will be made to maintain access 24/7, however service and scheduled maintenance may disrupt services.

    Health Infrastructure does not warrant that the information and data contained on the Knowledge Suite is free from infection by computer viruses.
  11. Privacy Policy

    Health Infrastructure will only collect, use, disclose, secure and provide access to your personal information in accordance with the Information Protection Principles in the Privacy and Personal Information Protection Act 1998 (NSW).
  12. Entire agreement​

    These Terms and Conditions, together with any documents incorporated by reference, contain the entire understanding between the User and Health Infrastructure on this subject matter, with these Terms and Conditions to prevail in the event of any inconsistency, discrepancy or ambiguity between any of them.
  13. Governing law ​

    The use of the Knowledge Suite and these Terms & Conditions are governed by and will be interpreted under the laws of New South Wales. The User submits to the non-exclusive jurisdiction of the courts exerting jurisdiction in New South Wales.