Terms and Conditions
CT Operations Pty Ltd (ACN 606 091 258)—trading as Oculo™
Updated: 16 October 2018
Optional Trial Period
Access and Registration
To access and use our Services, you will need to create an account with us (Account) complete the registration and log-in process on our Platform – for ophthalmologists http://www.connect.oculo.com.au/ophthalgroup-freetrial/ and for optometrists http://www.connect.oculo.com.au/ophthalgroup-freetrial/ You must be a registered user to access and use our Platform and Services. You acknowledge that Oculo may accept or reject your registration or sign up at its sole discretion. You must provide accurate, current and complete information during the registration process and keep your Account and profile page information up-to-date at all times. You may not assign or otherwise transfer your Account to another party.
We will implement good practice security safeguards that are reasonable in the circumstances in compliance with all applicable laws to prevent loss, unauthorised access, use, modification or disclosure of all Data/ and against all other misuse.
For any Personal Information forming part of Your Data and/or content provided to us or obtained by Us, you acknowledge that:
1. it must be correct, up-to-date and complete. You are responsible for keeping all Data and content, up to date, complete and accurate throughout the term of your registration and at all times when using the Platform and Services; and
We will comply with any reasonable request from You to access any Personal Information forming part of your data on the Platform, subject to compliance with all Privacy Laws and to the extent practicably feasible.
You must access and use the Platform and Services in a diligent and professional manner, in good faith and for a proper purpose, and in accordance with all Applicable Laws, including Privacy Laws. Without limiting the foregoing, in accessing and using the Platform and Services, you warrant that you comply, and maintain compliance with, at a minimum, the following standards, codes and guidelines may be applicable to You (or Your Location), as each of the following may be amended or replaced from time to time) (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.
You acknowledge and agree that Oculo may at its sole discretion enable You through your Account, on or via the Platform, to:
(i) create, upload, post, send and receive and store Data, materials, content and information and (ii) access, browse and view any other Health care Provider user information, including Data and content licensed or authorised by such other Health care Provider users for sharing on or via the Platform.
Without limiting the foregoing or your obligations under all applicable laws (including Privacy Laws), by creating, uploading Data and content and using the Platform and the Services, You acknowledge and agree that:
the Platform is a computerised platform system designed to capture, store and facilitate access to health records (including identifiers, such as Medicare or New Zealand National Health Index numbers) by You and other Health Care Providers, and particularly to streamline the transfer of Patient information during the Patient referral process and you have adequately advised the Patient of the permitted use and purpose of the Platform prior to accessing or uploading or posting any Patient data or Content;
while in the first instance the Patient should contact You or Your Location to make a request for access to, or correction of, Patient Personal Information, the Patient may contact Oculo for those purposes by email addressed to email@example.com or firstname.lastname@example.org;
Where a Patient does not provide consent to permit You to provide Patient Data to Oculo for the above permitted purposes, You must not upload any such Data, content or other information to the Platform.
Consent to Receive Electronic Referrals
If You receive Patient referrals via the Platform, You 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. You agree that such a referral may be communicated electronically and You consent to the receipt of the referral (whether signed electronically or otherwise) once submitted under the name of the relevant Health care Provider.
You may only access or use the Platform and the Services, including Data and content for the purpose of providing clinical care to an existing Patient or to a Patient referred to You (as appropriate). You must not use the Platform or the Services, including Data and content to solicit any Patient directly who has not been the subject to a referral or otherwise to gain an improper advantage or unauthorised Patient access for Yourself or someone else.
Platform Use and Account Maintenance
You may only access and use the Platform via Your unique Account and credentials, including username and password. You must keep your Account details and credentials 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 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 must immediately notify Oculo if you know or have any reason to suspect: (i) that your credentials and passwords have been lost, stolen, misappropriated, or otherwise compromised or (ii) any actual or suspected unauthorized use of your Account. You are solely liable for any and all activities conducted through your Account, whether by your authorised employee, contractors or other permitted user access to the Account (including any content and data posted or uploaded on the Platform). Oculo accepts no responsibility or liability for any activities conducted on or via your Account.
Where You use the Platform or Content to message other service providers it is Your responsibility to ensure that electronic messages sent via the Platform are acknowledged by the recipient. The message delivery process is not complete until You have received a response from the recipient of a message. You agree to re-send any unacknowledged messages via the Platform at regular intervals [for a period of up to one week].
You will not (and will procure that your employees, agents and contractors and related parties and Patients do not):
use or attempt to use another's account, service or system without authorisation from Oculo, or create or use a false identity or account on the Platform;
attempt to obtain unauthorised access to any Data or any aspect of the Platform which is restricted from Your access;
engage in any conduct or activity or allow any activity or conduct that will harm or is likely to harm Oculo's name, reputation or goodwill;
disrupt, modify or interfere with the security of, or otherwise abuse, the Platform, or any Data, 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 (including when submitting any content to the Platform in any format) any:
unlawful, defamatory, harassing, libellous, tortious, abusive, offensive, threatening, or obscene material of any kind;
Content in respect of a Patient other than what is reasonably necessary to facilitate a referral for the clinical care of that Patient and only to the extent authorised by the relevant 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 Patients or entities who have not agreed to be part of such mailings.
You are solely responsible for any actions and communications undertaken or transmitted under Your Account (whether authorised or not).
You acknowledge that the accessibility and functionality of the Platform may require a connection to the internet and may be affected by the strength of the internet connection, browser and computer system. Oculo reserves the right to set a maximum amount of network bandwidth, memory, or other computer storage that You may use, and a maximum amount of Data that You may store, upload, post, disseminate, or otherwise transmit, on or through the Platform. Also, Oculo employs best endeavours to guarantee the security of any Data, materials, information or content transmitted on the Platform.
is accurate, relevant, up to date, complete, and comprises legitimate and original content; and
neither Your Content nor your posting, uploading, publication, submission or transmittal of Your Content or Our use of Your Content (or any portion thereof) infringes or will infringe, misappropriate or violate a third party's will not infringe any third party Intellectual Property Rights or rights of publicity or privacy when used on, or in connection with, the Platform or the Services, or result in the violation of any applicable law or regulation and no proceedings have been instituted by any third party against You in connection with any of Your Content for the infringement of that party’s intellectual property rights or rights of publicity or privacy of any kind.
Subscription Fees and Payment
You (or another person on Your behalf) must pay the Subscription Fees as set out at http://www.connect.oculo.com.au/ophthalmologytrial/ for ophthalmologists and http://www.connect.oculo.com.au/optometrytrial/ for optometrists and at the times set out at http://www.connect.oculo.com.au/ophthalmologytrial/ for ophthalmologists and http://www.connect.oculo.com.au/optometrytrial/ for optometrists or as otherwise specified by Oculo in writing on any invoice or separate terms document.
All amounts payable to Oculo must be paid in Australian dollars, unless otherwise indicated at http://www.connect.oculo.com.au/ophthalmologytrial/ for ophthalmologists and http://www.connect.oculo.com.au/optometrytrial/ for optometrists. You are solely responsible for considering the impact of current currency exchange rates on any payments and for ensuring payment in the required currency in cleared funds.
All Subscription Fees are exclusive of any applicable taxes, including GST. If any amounts are required by law or regulation to be withheld from any payment due to Oculo and paid to a relevant taxation authority, You must remit such amounts to the relevant taxation authority but without reduction in the payment(s) to Oculo.
Ownership and Licences
So that We can provide Your Data and content to the Health care providers to whom You refer a Patient or communicate with respect to a Patient’s clinical care via the Platform, You authorise Us to exercise certain intellectual property rights in Your Data. Similarly, so that You are able to receive and use Data and content provided by other Health care providers via the Platform, We authorise You to exercise certain intellectual property rights in that Data.
We may generate sets of depersonalised, anonymised and aggregated data from the Data that You provide to us (Depersonalised Data). Any Depersonalised Data is and will be anonymised and depersonalised in accordance with all applicable laws and does not and will not contain any Personal Information at any time.
We own, and You assign to Us, any Intellectual Property Rights that may subsist in any Depersonalised Data, and you acknowledge that We may use such Depersonalised Data for marketing, research and other commercial purposes including:
aggregating the Depersonalised Data across all customers for the purpose of analysing the Depersonalised Data in respect of territories, Patient demographics and conditions, and benchmarking; and
where permitted by all applicable laws, artificial intelligence and machine learning purposes [solely for the purposes of improving the Platform and Services provided to You].
Intellectual Property Rights
Notice of Inappropriate Use or Data Breach
Links to Third Party Websites
The Platform may contain links to third party websites and You acknowledge that Oculo does not control any third party website or any products or services offered by third parties through the Platform. These links do not constitute an endorsement, sponsorship, affiliation, association or recommendation by Oculo of the linked websites 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 Oculo reasonably believes You are, or are likely to be, involved in any appropriate use of the Platform, including but not limited to phishing activity, We may suspend Your Account at any time without notice to You.
You may request to cancel your Account during any Trial Period on providing notice to Oculo by email at email@example.com or firstname.lastname@example.org.
If You wish to cease using the Platform and the Services at any time during the Term (other than during a Trial Period), You may do so for any reason at any time. 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, by notice in writing to Oculo addressed to email@example.com or firstname.lastname@example.org and We will implement Your request promptly, within 2 Business Days. 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):
We may recover any amounts owing to Us (without limiting any other rights or remedies we may have in the event of Your breach); and
We will, upon Your request and where legally permitted to do so, provide to You a copy, in portable document format (pdf), of any Data held on the Platform in respect of Your Account. You acknowledge and agree that, under Privacy Laws, We have certain obligations in respect of retention and non-destruction of copies of Personal Information forming part of your Data and we must comply with all such laws in performing our obligations under these terms.
Disclaimers, Limitations of Liability and Indemnity
Data on the Platform is provided by Health Care Providers for use by Health Care Providers. As Data is submitted by Health Care Providers (including You), Oculo cannot guarantee its accuracy and assumes no legal liability or responsibility for the accuracy, currency or completeness of any Data. You must make Your own independent assessment of the currency, relevance and accuracy of any Data relating to a Patient before accessing or using that Data, making any authorised referrals or suggesting a diagnosis or recommending or instituting a course of treatment for that Patient.
The Platform and Services, including all Data, is provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable laws, You expressly agree that:
Your use of the Platform, the Services and Data including Your Content is at Your sole risk;
We rely on You and You will exercise Your professional skill and judgment in Your access to and use of the Platform and the Services, including providing and interpreting any Data;
Except as otherwise expressly agreed in writing, Oculo expressly disclaims any implied or express representations or warranties of any kind relating to the use of the Platform, the Services and Data of any kind;
Without limiting the foregoing, Oculo assumes no responsibility for, and makes no warranty or representation:
as to the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of the Platform and the Services (including any advice, opinion, statement, other content, or any products or services distributed or made available by third parties through the Platform or Services);
that confidentiality of information transmitted through the Platform and Services will be maintained by users of the Platform and the Services (including You);
that the Platform or the Services will meet Your requirements in any way;
that any access to, or use of, the Platform and/or the Services 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 is not liable to You, your Patients or any other third party for any:
interference with or damage to Your computer system that may occur in connection with Your use of the Platform and the Services;
Data uploaded, transferred or shared on the Platform or for any use of the Platform and the Services by You or any Health Care Providers;
interruptions or disruptions in any way on the Platform; or
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, unauthorised access, malware or viruses.
Limitation of liability
To the maximum extent permitted by applicable laws, Oculo excludes and limits its liability:
(i) 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, use, suspension or termination of the Platform and the Services by You, Your Patients, users or any other party;
(ii) for any special, indirect, consequential or incidental damages;
(iii) arising out of or in connection with Your Patient misdiagnosis, defamation, loss of profits or revenues, business interruption, loss of programs, loss of data, content, information, materials, Data (including Personal Information), costs of replacement goods or services, or otherwise,
even if, in each case, we have been expressly advised of the possibility of such liability, loss or damages.
(i) $500; or
(ii) the relevant portion of the most recent Subscription Fee paid by You or on Your behalf, such portion to be calculated by dividing such fee by the number of Patients using the Platform and the Services as at the date of payment of that Subscription Fee.
Governing Law; Venue and Jurisdiction
Amendment and Severability
Account means a Health Care Provider's Account on the Platform which enables them to access the Platform and the Data held on the Platform.
Business Days means a day on which banks are open for business, excluding Saturdays, Sundays and public holidays in Victoria, Australia.
Content means text, graphics, images, scans, pictures, photos, animations, music, software, audio, video, information or other materials in any format.
Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semiconductor or circuit layout rights, trade, business, domain or company names, rights in confidential information, know how or other proprietary rights (whether or not any of these are registered and including any application for registration), and all rights or forms of protection of a similar nature, or having equivalent or similar effect to any of these, which may subsist anywhere in the world.
Location means the “bricks and mortar” premises at which You provide health care services (whether as an employee, contractor, owner or otherwise).
Patient means any individual who is has sought health care treatment or attending as an Patient of You as a Health care Provider.
Personal Information means an opinion or information about an identified or reasonably identifiable individual, whether recorded in material form or not.
Privacy Laws means any legislation (to the extent You or Oculo are subject to it), whether Australian or otherwise, which affects privacy or any Personal Information (including the collection, storage, use or processing of such information), including the Privacy Act 1988 (Cth), and any codes of conduct, recommendations, directives or orders made or issued under such legislation or similar anywhere in the world.