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The Australian Healthcare Messaging Laboratory
(AHML) Message Testing Service (the "Service") is provided
by the Collaborative Centre for eHealth (CCeH), a company owned
by the University of Ballarat, Australia (the "Company").
This is a legal agreement ("Agreement") between you and
the Company. Please read the Agreement carefully before registering
for the Service. By completing your registration, you will become
a registered user of the Service (a "Registered User")
and you agree to be bound by the terms and conditions of this Agreement
(the "Terms") for as long as you continue to be a Registered
User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR
THE SERVICE. The Terms are subject to change by the Company at any
time, effective upon notice to you, any use of the Service after
such notice will constitute acceptance by you of such changes.
- You will not provide inaccurate, misleading or false
information to the Company. If information provided to the Company subsequently
becomes inaccurate, misleading or false, you will promptly notify the
Company of such change.
- The Company owns and retains proprietary rights of the
Service. The Service contains copyrighted material, trademarks, and
other proprietary information of the Company.
- The Company will keep confidential all information supplied
to the Company by you and shall use or disclose such information only
for the purposes for which such information was collected, or as required
by court order or applicable law.
- Any data submitted to the company for testing shall be anonymous and unidentified.
- By using the service, you agree to allow us to use the
information relating to your message testing to generate statistical
reports relating to your usage of the Service.
- The Company provides the Service on an "as is"
basis and grants to warranties of any kind, whether express, implied,
statutory or otherwise with respect to the Service.
- The Company does not warrant that your use of the Service
will be secure, uninterrupted, always available, error-free or will
meet your requirements, or that any defects in the Service will be corrected.
The Company disclaims liability for, and no warranty is made with respect
to, the connectivity and availability of the Service.
- In no event shall the Company be liable for any incidental,
special, consequential or indirect damages arising out of or relating
to the use of or inability to use the service, including, without limitation,
damages for loss or corruption of data or programs, service interruptions
and procurement of substitute services, even if the Company knows or
has been advised of the possibility of such damages.
- You will indemnify and hold harmless the Company, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys' fees)
relating to or arising out of your use of the Service, including any
breach by you of the terms of this Agreement.
- To resolve a complaint regarding the Service, you should
first contact the Company via email at info@ahml.com.au. In Australia,
you may also contact the Australian Competition and Consumer Commission,
contact details for which are available through their web site at http://www.accc.gov.au.
- Either you or the Company may terminate your account
at any time, for any reason, without explanation, effective upon sending
written notice to the other party. The Company reserves the right to
immediately suspend or terminate your access to the Service, without
notice, upon any breach of this Agreement by you which is brought to
the Company's attention.
- You agree that Australian law (regardless of conflicts
of law principles) shall govern this Agreement, and that any dispute
arising out of or relating to this Agreement shall be subject to the
exclusive jurisdiction of the federal and state courts in Australia,
other than for actions to enforce any order or judgment entered by such
courts.
This Agreement, accepted upon registration for the
Service, contains the entire agreement between you and the Company regarding
the use of this Service. Unless otherwise explicitly stated, the terms
will survive termination of your registration to the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.
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