CT Operations Pty Ltd (ACN 606 091 258)—trading as Oculo™
Thank you for your interest in Oculo™, a software platform designed to enable improved digital communication between optometrists, ophthalmologists and other eye care providers (Platform), including the exchange of patient information such as clinical notes and images as well as provider details (Content). The principal purpose of the Platform is to streamline the transfer of such information for patient referrals and to facilitate clinical care.
- You (or another person on Your behalf) pays the then current applicable annual subscription fee in respect of Your access to and use of the Platform (Subscription Fee); or
- where a monthly payment plan has been agreed in respect of Your access to and use of the Platform (Monthly Payment Plan), You (or another person on Your behalf) pays the first monthly instalment of the Subscription Fee.
We will use all reasonable endeavours to ensure that the Platform (including any Content) is maintained in accordance with applicable laws pertaining to privacy and the collection, use, storage, disclosure and disposal of health information relevant to You or Your Location (Privacy Legislation), namely: in Australia: Privacy Act 1988 (Cth), and relevant provisions of Health Records Act 2001 (Vic), Health Records and Information Privacy Act 2002 (NSW) and Health Records (Privacy and Access) Act 1997 (ACT); and in New Zealand: Privacy Act 1993, Health Information Privacy Code 1994, HISO 10029 Health Information Security Framework, HISO 10064:2017 Health Information Governance Guidelines, Retention of Health Information Regulations 1996 and relevant provisions of New Zealand Public Health and Disability Act 2000, Health Act 1956, Health (Retention of Health Information) Regulations 1996, Public Records Act 2005, and Official Information Act 1982.
We will implement such best practice security safeguards as are reasonable in the circumstances to prevent loss, unauthorised access, use, modification or disclosure of the Content and against all other misuse. The safeguards We will implement have been derived from the requirements in the Australian Government Information Security Manual (see http://www.asd.gov.au/infosec/ism/index.htm). While in the first instance the patient should contact You or Your Location to make a request for access to, or correction of, the Content, We will provide access to, and correct, relevant Content upon request of a patient, and We will keep and not destroy Content, where We are required to do so by the Privacy Legislation. We operate using cloud-based servers located within Australia. We will not transfer any Content outside Australia, but We may transfer it interstate within Australia. If You are located in New Zealand, You (and where applicable Your patients) consent to Content being transferred to our cloud-based servers located within Australia.
You must access and use the Platform and any Content in a diligent and professional manner, in good faith and for a proper purpose, and in accordance with the Privacy Legislation, and the following standards, codes and guidelines as may be applicable to Your Location (together, Codes of Conduct), namely:
in Australia: the publications titled Code of Conduct for Optometrists, Policy on Health Records and Guidelines for Use of Scheduled Medicines published by the Optometry Board of Australia (as amended from time to time) available at http://www.optometryboard.gov.au/Policies-Codes-Guidelines.aspx and the publication titled Good Medical Practice: A Code of Conduct for Doctors in Australia (March 2014) published by the Medical Board of Australia (as amended from time to time) available at http://www.medicalboard.gov.au/Codes-Guidelines-Policies/Code-of-conduct.aspx and all other applicable laws, regulations, rules, policies and codes of conduct; and
in New Zealand: the Health Practitioners Competence Assurance Act and the Standards of Clinical Competence, Standards of Cultural Competence, and Standards of Ethical Competence published by the Optometrists and Dispensing Opticians Board from time to time available at https://www.odob.health.nz/standards; the Professional Code of Conduct published by the Royal Australian and New Zealand College of Ophthalmologists available at https://ranzco.edu/about-ranzco/our-organisation/code-of-conduct; the publication titled Good Medical Practice published by the Medical Council of New Zealand (as amended from time to time) available at https://www.mcnz.org.nz/assets/News-and-Publications/good-medical-practice.pdf; and all other applicable laws, regulations, rules, policies and codes of conduct.
Without limiting the preceding paragraph, before using the Platform to upload Content in relation to a patient, You must obtain that patient’s informed consent to do so, including advising the patient that:
the Platform is a computerised system designed to capture, store and facilitate access to eye health medical records (including identifiers, such as Medicare or New Zealand National Health Index numbers) by responsible eye care professionals, and particularly to streamline the transfer of patient information during the patient referral process and to otherwise facilitate clinical care, including clinical communication between optometrists and ophthalmologists, and other relevant medical practitioners and support personnel;
the Content will be collected, stored, accessed, used and disclosed by Oculo for the purposes of providing the Platform. It may be de-identified and used for other purposes. While in the first instance the patient should contact You or Your Location to make a request for access to, or correction of, the Content, the patient may contact Oculo for those purposes by email addressed to firstname.lastname@example.org or email@example.com;
the Content may be transferred interstate within Australia but will not be transferred out of Australia; and if You are located in New Zealand, that the Content will be transferred to cloud-based servers within Australia but will not be transferred out of Australia; and
if the patient does not permit You to provide the Content to Oculo, the consequences of such refusal (i.e. where the patient is being referred to another eye care provider, a possible delay in response or receiving treatment from that other eye care provider due to reliance on hard copy patient referral processes).
Consent to Receive Electronic Referrals
If You are an ophthalmologist or other eye service provider receiving patient referrals via the Platform, You consent to receiving, and agree that a patient referral via the Platform constitutes, a referral for the purposes of the Health Insurance Act 1973 (Cth) and the Health Insurance Regulations 1974 (Cth) and any equivalent New Zealand health codes, legislation or regulations, and, specifically, You agree that such a referral may be communicated electronically and You consent to the referral being signed by the referring eye service provider by way of such referral being submitted under the name of that eye service provider.
Platform Use and Account Maintenance
You may only access and use the Platform via Your unique username and password, and You must keep such username and password, and other account details, safe, secure and secret, and must not share them with anyone else, and must prevent unauthorised use of the Platform. You must comply with all policies of Oculo or its Associates contained in, or referred to on, the Platform or as otherwise communicated to You by or on behalf of Oculo from time to time.
You may only access or use the Platform or any Content for the purpose of providing clinical care to an existing patient or to a patient referred to You (as appropriate), and You must not use the Platform or any Content to solicit any other patient or otherwise to gain an improper advantage for Yourself or someone else.
You further agree not to:
use or attempt to use another's account, service or system without authorisation from Oculo, or create or use a false identity on the Platform;
attempt to obtain unauthorised access to any Content or any aspect of the Platform which is restricted from Your access;
disrupt, modify or interfere with the security of, or otherwise abuse, the Platform, or any Content, services, system resources, software (including source code and object code), accounts, servers or networks connected to or accessible through the Platform;
disrupt or interfere with any other user's enjoyment of the Platform; or upload, post, disseminate or otherwise transmit on or through the Platform any:
unlawful, defamatory, harassing, libelous, tortious, abusive, offensive, threatening, or obscene material of any kind;
Content in respect of a patient other than such Content as may be reasonably necessary to facilitate the clinical care of that patient;
any viruses or other harmful, disruptive or destructive subject matter; or
spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
In addition, You agree that, save in the instance of a material breach of any of the obligations imposed on Us under this Agreement, You are solely responsible for actions and communications undertaken or transmitted under Your account.
In respect of all Content which You contribute to the Platform (Your Content), You warrant that:
is accurate, relevant, up to date and complete and comprises legitimate and original content; and
will not infringe any third party intellectual property rights when used on, or in connection with, the Platform.
Ownership and Licences
So that We can provide Your Content to the eye care providers or medical practitioners to whom You refer a patient or communicate with respect to a patient’s clinical care via the Platform, You must authorise Us to exercise certain intellectual property rights in Your Content. Similarly, so that You are able to receive and use Content provided by other eye care providers or medical practitioners via the Platform, We need to authorise You to exercise certain intellectual property rights in that Content. These authorisations are known as licences, and are granted in the following paragraph. You own all rights in Your Content (as between the parties). To enable Oculo to provide the Platform, You grant to Us a non-exclusive, royalty-free, perpetual licence to exercise all rights in Your Content (including the right to grant sub-licences), which We accept. Other than in respect of Your Content, Oculo grants to You a sub-licence to use the Content to the extent necessary, and only to such an extent, for You to access and use the Platform.
Moral rights etc
Despite any provision to the contrary at law, You consent on behalf of any author to Oculo making, and allowing third parties to make, any use of Your Content that would otherwise infringe any non-assignable personal rights which may subsist in Your Content.
Platform Intellectual Property Rights and Data
All rights in all software, designs, arrangements, layouts, sequences, forms and graphics pertaining to the Platform belong to Oculo. All trademarks, product names, and company names and/or logos displayed on the Platform are either trademarks or registered trademarks of Oculo or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Oculo. All page headers, custom graphics, button icons, and logos are service marks, trademarks and/or trade dress of Oculo or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Oculo.
Notice of Inappropriate Use
Links to Third Party Websites
The Platform may (from time to time) contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Oculo of or affiliation or association of Oculo with or responsibility of Oculo for the linked Web sites or any content or products available on or through such sites. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements.
Suspension and Termination
If You (or another person on Your behalf) fails to make any payment of the applicable Subscription Fee (including under a Monthly Payment Plan), We may suspend Your access and use of the Platform until such outstanding amount is paid. If Your account is suspended for 90 days or more due to non-payment, Oculo may take such action as set out in the following paragraphs.
If You wish to cease using the Platform, You must follow the appropriate administrative procedures at the relevant Location to enable You to do so (e.g. by contacting Your Location’s practice manager or equivalent), or if You are a sole practitioner, You may terminate Your account for any reason at any time by notice in writing to Oculo addressed to firstname.lastname@example.org or email@example.com and We will implement Your request promptly. For security reasons, requests to cancel Your account via phone will not be effective and Oculo will not be liable for any loss arising in connection with such an attempted cancellation.
If Your account is terminated (either by You or Us):
You (or if a person paid on Your behalf, that person) will not be entitled to any refund of any portion of the Subscription Fee and We may recover any amounts owing to Us; and
Disclaimers, Limitations of Liability and Indemnity
Content on the Platform is provided by eye care professionals for use by other eye care providers and medical practitioners. As Content is submitted by individual users (including You), Oculo and its associates (including licensors) (Associates) cannot guarantee its accuracy and assume no legal liability or responsibility for the accuracy, currency or completeness of the information. Eye care professionals, medical practitioners and eye care providers (including You) must make their own independent assessment of the currency, relevance and accuracy of Content relating to a patient before suggesting a diagnosis or recommending or instituting a course of treatment for that patient.
To the maximum extent permitted by law, You expressly agree that:
Your use of the Platform and Content is at Your sole risk;
We rely on You and Your professional skill and judgment in Your access to and use of the Platform, including providing and interpreting any Content;
Except as otherwise expressly agreed in writing, Oculo and its Associates expressly disclaim any implied or express representations or warranties of any kind relating to the use of the Platform;
Without limiting the foregoing, Oculo and its Associates assume no responsibility for, and make no warranty or representation:
as to the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of the Platform (including any advice, opinion, statement or other content or any products or services distributed or made available by third parties through the Platform);
that confidentiality of information transmitted through the Platform will be maintained by users of the Platform (including You);
that the Platform will be of merchantable quality, fit for a particular purpose or meet Your requirements;
that any access to, or use of, the Platform will:
not infringe any rights (including intellectual property rights) of any third party; or
be free of defects, viruses, or anything else (such as worms or trojan horses) that may interfere with or damage the operations of a computer system; or
be uninterrupted or error free, and
Oculo and its Associates are not liable to You or anyone else for any:
interference with or damage to Your computer system that may occur in connection with Your use of the Platform;
acts or omissions of Your or the relevant Location’s internet service provider or any public or private telecommunications networks, including any system error, service outage, slow performance, bandwidth capacity problems, unauthorized access, malware or viruses.
Limitation of liability
To the maximum extent permitted by law Oculo and its Associates exclude all liability to any person for loss or damage of any kind (howsoever caused, including by negligence) arising from or relating in any way to any access to or use, suspension or termination of the Platform (including liability for any special, indirect, consequential or incidental damages, including, damages for personal injury (including vision impairment or loss), death, misdiagnosis, defamation, loss of profits or revenues, business interruption, loss of programs or other data or costs of replacement goods, or otherwise, even if same have been expressly advised of the possibility of such loss or damages).
Governing Law; Venue and Jurisdiction
Effective Date, Amendment and Severability