Terms of Use
Home Care Packages
Program Assurance Community of Practice
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- General
- Terminology
- Your responsibilites when using the CoP
- Reporting problems
- IP rights
- Your account
- Privacy
- Collection of personal information
- Liability and indemnity
- Limitation of liability
- Warranties and guarantees
- Ceasing or terminating use
- Amendments to the terms
- Governing law and jurisdiction
1. General
1.1 These Terms of Use (Terms) relate to the use of the Home Care Packages (HCP) Program Assurance Community of Practice (CoP).
1.2 These Terms explain our obligations and your obligations when using the CoP.
1.3 You must agree to these Terms before you begin using the CoP.
1.4 By registering for, accessing or using the CoP, you acknowledge that you have read, understood and agreed to be legally bound by these Terms, as they may be updated from time to time.
1.5 The purpose of the CoP is to support HCP approved providers and the Department to engage with each other about assurance reviews to share findings, lessons learnt and better practices to improve the HCP Program.
2. Terminology
In these Terms:
Harmful Code means any form of harmful surreptitious code or other contaminants, including viruses, bugs, trojan horses, spyware or adware.
Department – means the Australian Government Department of Health and Aged Care.
Privacy Policy means the privacy policy at https://www.health.gov.au/resources/publications/privacy-policy as updated from time to time.
we, us and our refers to the Commonwealth of Australia, as represented by the Department of Health and Aged Care.
you refers to you and your organisation, as applicable.
3. Your responsibilities when using the CoP
You agree to comply with the following rules when you register an account to use the CoP and when you access or use the CoP:
3.1 To use the CoP, you must be employed by a HCP approved provider or a peak body for approved providers or care recipients.
3.2 You must not create more than one account for the CoP.
3.3 When registering, please consider using an alias username to minimise the amount of personal information handled by the Department.
3.4 You must not use the CoP to disclose information that you do not have the right to disclose, such as other people’s confidential or personal information.
3.5 You must only use the CoP for its intended purpose, for lawful purposes, and in a manner that is not contrary to the rights of, or that will restrict or inhibit the use of, the CoP by us or any third party.
3.6 You must not impersonate any person or falsely represent your authority or association with any person or organisation. You may not falsely imply that you’re affiliated with or endorsed by the Department.
3.7 You must not submit content to the CoP that is illegal, offensive or otherwise harmful to others. This includes content that is harassing, inappropriate or abusive.
3.8 You must not try to use another person’s account on the CoP.
3.9 You must monitor, control and take responsibility for all activities occurring by use of your account, username, login and password, including taking responsibility for any activities which may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. You must not disable, avoid or circumvent any security or access restrictions of the CoP.
3.10 You must promptly report to us any suspicious or unauthorised conduct concerning your account, username, login, password, or security questions and answers as soon as you become aware of any such conduct.
3.11 You must not transmit any message, data, image or program that would violate the property rights of others, including unauthorised use of text, images or programs that are protected by copyright, or unauthorised use of trade secrets or other confidential proprietary information.
3.12 You must not provide false or misleading information in connection with the CoP.
3.13 You must not buy, sell, or otherwise trade in usernames or other unique identifiers on the CoP.
3.14 You must not send advertisements, chain letters or other solicitations through the CoP.
3.15 You must not use the CoP to send emails to distribution lists, news groups or group email aliases.
3.16 You must not show any part of the CoP on other websites.
3.17 You must not interfere with the rights of others to use the CoP.
3.18 You must not disrupt or impair the functionality of the CoP.
3.19 You must not modify or copy the layout of the CoP, or any computer software and code contained in or forming part of the CoP.
3.20 You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the CoP, including through the use of automated tools.
3.21 You must not use any scripts or processes on the CoP nor any data scraping or data mining tools.
3.22 You must not transmit any Harmful Code into, or from the CoP.
3.23 You must not encourage or help anyone in violation of these Terms.
4. Reporting problems
4.1 Please use the flag icon located at the end of posts to alert the moderators of any unsolicited shared personal information.
4.2 To access the flag icon, click on the ‘…’ next to the Reply button at the bottom of a post.
5. IP Rights
5.1 You license the Department to provide content that you submit to the CoP to other users of the CoP, to use it for Commonwealth purposes (including auditing, reporting and archiving purposes) and as required by law. You also license the Department to copy, publish and analyse de-identified content submitted to the CoP.
5.2 All intellectual property comprised in or derived from this CoP, including copyright comprised in this CoP, is owned by us, or another third party owner.
5.3 All logos, icons, brand names or service names that identify us are owned by and remain the property of the Commonwealth of Australia. All other trademarks or service marks on this CoP are the property of their respective owners.
5.4 You must not make any unauthorised use of any material appearing on this CoP (and must not breach the intellectual property rights in respect of that material). If you do so you may become liable for a breach of the intellectual property rights of the Commonwealth or third parties.
6. Your Account
You agree to the following rules about suspension or termination of your access to the CoP:
6.1 We may immediately suspend or terminate your registration, access or use of the CoP if we determine that you have, or may have, breached any of these Terms.
6.2 We may suspend your registration, access to, or use of the CoP if we consider it necessary to protect our interests or those of any other person, including while we investigate any technical or operational issue, breach of security or possible breach of these Terms.
6.3 We reserve the right to report to the proper authorities any offence which may occur in respect of the use of the CoP.
7. Privacy
All personal information submitted in the CoP is governed by our Privacy Policy available at https://www.health.gov.au/resources/publications/privacy-policy.
7.1 You must comply with the Privacy Act 1988 (Cth) and the Aged Care Act 1997 (Cth) when dealing with personal information or ‘protected information’ as described in those acts.
7.2 You must not do any act or engage in any practice that if done or engaged in by an agency would be a breach of the Privacy Act 1988 (Cth).
8. Collection of personal information
Your personal information is protected by law, including the Privacy Act 1988 and the Australian Privacy Principles.
Your personal information, including your work email address and CoP username is being collected by the Department for the primary purpose of facilitating your use of the CoP. Your information may also be used for purposes of analysis of user interactions with the CoP, including determining the number of users, the number of times users log into the CoP, or the time users spent reading posts on the CoP.
If you do not provide this information, the Department will be unable to register you to use CoP.
The Department is unlikely to disclose your personal information to any overseas recipients.
You can get more information about the way in which the Department of Health and Aged Care will manage your personal information, including our privacy policy, here: https://www.hcpcommunity.com.au/privacy.
9. Liability and indemnity
You agree that we will not be liable to you for any loss or damage whatsoever that you suffer or may suffer that arises directly or indirectly from any of the following things:
9.1 Your use of, or inability to use, the CoP.
9.2 Any unauthorised access to, or alterations of, your transmissions or data.
9.3 Any inappropriate activities resulting from the loss, or misuse of your username and password.
9.4 Any attempt by you, or by a person on your behalf, to use the CoP without authorisation.
9.5 Any other loss or damage arising from your use of the CoP.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the CoP.
You agree to indemnify us and hold us harmless from and against (that means you must meet our costs and expenses arising from) any loss, damage, cost, expense, claim, proceeding or liability of any kind that we may incur, or that may be brought by any person against us, that arises directly or indirectly from either of the following things:
9.6 Your breach of these Terms.
9.7 Your use of the CoP and your activities in connection with the CoP.
10. Limitation of liability
You agree that, to the extent permitted by law, we are not liable to you for any of the following things:
10.1 Any errors or omissions in the CoP, or linked sites on the internet.
10.2 The CoP not being available or operative.
10.3 Any defamatory, offensive or illegal conduct by any user of the CoP, whether caused through our negligence or the negligence of our employees, independent contractors or agents, or by any other cause.
In using the CoP, you agree that we are not liable to you for any direct or indirect loss or damage that you may suffer as a result of, or in connection with any of the following things:
10.4 Your use of the CoP (including any statements of or conduct by any third parties on the CoP).
10.5 Your use of any links and linked websites made available through the CoP.
11. Warranties and guarantees
We do not warrant, guarantee or make any representation in respect of the following matters:
11.1 That the CoP, or the servers that make the CoP available on the internet, are or will remain free of software viruses.
11.2 That any software contained on the CoP, or the functions provided by that software, will operate in an uninterrupted or error-free way.
11.3 That any errors and defects in the CoP will be corrected.
12. Ceasing or terminating use
12.1 If you would like to disable or cancel your account you must make a request via email at HCPProviderEducation@health.gov.au to have access to the account removed or disabled.
12.2 You agree that we may cancel or disable your account at any time.
12.3 We reserve the right to report to the proper authorities any offence which may occur in respect of the use of the CoP.
13. Amendments to the terms
13.1 We may amend these Terms at any time.
13.2 You will need to accept any updated Terms if you want to continue using the CoP.
14. Governing law and jurisdiction
14.1 These Terms are governed by the laws of the Australian Capital Territory.
14.2 You agree to submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.