1. General

Healthmap (“Healthmap” ), published by Healthdirect Australia Ltd (ABN: 28 118 291 044) (”Healthdirect”, ”us”, ”our” or ”we”), is a searchable online database of data sets provided through configurable web interfaces including a mapping tool. Some data sets are available for download by Your Authorised Users.
These Terms of Use apply to the access or use of:
1. Healthmap;
2. Our Website (including the information contained on Our Website);
3. Healthmap Program Tools;
4. Healthmap Content accessed via the Healthmap Program Tools; and
5. Healthmap Content downloaded by Your Authorised Users.
In these Terms of Use, unless the context otherwise requires:
1. Approved Purpose means the purpose described in clause 2.a;
2. Healthmap Content means data sets stored in and retrieved from Healthmap including health, population, demographic, institutional and location data as may be updated from time to time. Healthmap Content does not include data sets that You obtain independently of Healthmap;
3. Healthmap Program Tool means any widget or other tool provided by us which allows Your Users to access the Healthmap Content from Your Website;
4. Our Website means http://www.healthmap.com.au;
5. Service means Healthmap, Our Website, or the Healthmap Program Tools;
6. You or Your refers to a person who uses the Services;
7. Your Authorised User means an end-user authorised by Healthdirect by way of account registration on Our Website to download Healthmap Content via the Service;
8. Your User means an end-user of Your Website, Your Authorised User, or your service provider; and
9. Your Website means the website or other interface that You develop, own or operate and from which access is provided to the Healthmap using the Healthmap Program Tools.

2. What is Healthmap?

Subject to clause 2.b, the purpose of the Healthmap is to provide:
1. Australian health consumers, health service providers, government decision-makers and commissioners (including federal, state, and territory governmental agencies) and researchers with information for use in health service gap analysis, needs assessment, research and planning; and
2. consistent, authoritative, and reliable information about health services and health related services.
Healthmap is only intended for, and must only be used for:
1. personal and non-commercial use; and
2. use in Australia.
Healthmap is accessible at Our Website and from third party websites installing and using the Healthmap Program Tools.

3. Your Acceptance of these Terms of Use

These Terms of Use are legally binding on You and us.
By using or accessing any part of the Services or the Healthmap Content, You are deemed to accept these Terms of Use which govern our relationship with You in relation to the Services and the Healthmap Content.

4. Variation

We may amend these Terms of Use at our discretion by including the amended version of these Terms of Use on Our Website or a Healthmap Program Tool. You will be deemed to have agreed to such amended Terms of Use by Your use or access of the Services or the Healthmap Content.

5. Termination

We may, at any time, at our discretion, without notice, and with immediate effect terminate:
1. these Terms of Use; or
2. the Services.
At any time, we may, at our sole discretion, terminate the licence granted under clause 6.b or clause 7.b and disconnect You from, or restrict Your use of, any Healthmap Program Tool or Healthmap Content, if we consider that:
1. the Healthmap Program Tool or Healthmap Content is being used by You for a purpose other than as permitted under these Terms of Use; or
2. You or Your Users have breached these Terms of Use; or
3. the Healthmap Program Tools are being used on any website not owned by You, even if You did not cause or authorise the use.
Our right to terminate is in addition to any other remedy available at law or in equity.
If we exercise any of our termination rights, You must and You must ensure Your Users immediately:
1. stop accessing or using the Healthmap Content;
2. uninstall the Healthmap Program Tools;
3. take down the Healthmap Program Tools from Your Website; and
4. return to us or erase all copies of the Healthmap Content in Your or Your Users’ possession.

6. Use of Healthmap Program Tools

The Healthmap Program Tools are owned by us or licensed to us.
Subject to Your compliance with these Terms of Use, we grant to You a non-exclusive, non-transferable, non-sub-licensable, and revocable licence to use the Healthmap Program Tools so as to enable Your Website to interact with the Healthmap to retrieve Healthmap Content for Your own or Your Users use as permitted by these Terms of Use, and for the Approved Purpose.
The Healthmap Program Tools are provided on an “as-is” and “as available” basis.
We disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding any Healthmap Program Tool, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. We further disclaim any warranties regarding the security, reliability, timeliness, availability and performance of the Healthmap Program Tools. You understand and agree that Your use of the Healthmap Program Tools are at Your own discretion and risk, and that You will be solely responsible for any damages to any computer system or any loss of data that results from the use of the Healthmap Program Tools.
You agree that Your use of the Google Maps or Google Earth mapping tool function of the Services is subject to “Google Maps/Google Earth APIs Terms of Services” and that by using the Services You agree to these terms and to enter into such agreements required by Google to enable You to use the Service. In certain circumstances (including the use of Healthmap Program Tools on Your Website), depending on the scope and nature of Your use of the Services, Google may require You to enter into a “Google Maps API for Business” licence agreement. If this is required by Google, You will be liable for entering into such agreement at Your own expense and we will not be liable to You or Google for any fees or expenses incurred by You or Google in entering into this arrangement.

7. Use of Healthmap Content

All Healthmap Content and content available through the Services, including (without limitation) text, graphics, information architecture and coding (including any copyright subsisting in them), is owned by us or licensed to us
Subject to Your compliance with these Terms of Use, Healthdirect grants You a non-exclusive, non-transferable, non-sub-licensable, revocable licence for:
1. You to access the Healthmap Content for Your own use; and
2. Your Authorised Users to download and use Healthmap Content for Your Authorised Users’; own use as permitted by these Terms of Use, and for the Approved Purpose.
The Healthmap Content is provided on an “as-is” and “as available” basis.
You understand and agree that Your access or use of the Healthmap Content is at Your own discretion and risk, and that You will be solely responsible for any damages that results from the access or use of the Healthmap Content.
If Your Authorised Users download Healthmap Content, You must ensure that:
1. Your Authorised User’s network, operating system, and the software of Your Authorised User’s web servers, databases and computer systems is configured to securely protect the Healthmap Content from misuse, interference, loss, and unauthorised access, destruction, damage, modification or disclosure;
2. Your Authorised User’s retain the Healthmap Content under Your Authorised User’s effective control; and
3. Your Authorised User uses the Healthmap Content for the Approved Purpose only, and in accordance with these Terms of Use.
Healthdirect is under no obligation to provide updates to the Healthmap Content.
You acknowledge that the Healthmap Content may contain personal information. You must comply, and must ensure Your Users comply, with:
1. The Privacy Act 1988 (Cth) and any other laws relating to privacy which may be in force from time to time; and
2. any security requirements in relation to the Healthmap Content which Healthdirect may notify You of from time to time.
For the avoidance of doubt, You must not:
1. transfer Healthmap Content outside of Australia;
2. use or disclose Healthmap Content for the purpose of direct marketing.

8. Limitations on use

Your use and display of Healthmap and Healthmap Program Tools must be consistent with our Healthmap usage policy (as may be amended from time to time).
You may only save to cache or other temporary storage Healthmap Content only as necessary to perform an activity permitted under these Terms of Use.
If Your User is Your Authorised User, Your Authorised User may only download Healthmap Content in the manner permitted by Healthdirect.
You must, and You must ensure Your Users delete all cached Healthmap Content and downloaded Healthmap Content, as applicable, when it is no longer required for the purpose for which it was created or downloaded.
Except to the extent approved in writing by Healthdirect, You must not, You must ensure Your Users do not, and You must not facilitate or enable others to:
1. enable or permit the use or disclosure of, install, implement, copy (except for backup purposes), or modify, the Healthmap Content or Healthmap Program Tool other than as permitted and in accordance with these Terms of Use;
2. give the Healthmap Program Tools to other people to place on their or other third-party sites, and nothing in these Terms of Use will be deemed to grant You any right, title or interest in the Healthmap Program Tools;
3. access or store any Healthmap Content indefinitely;
4. adapt, redistribute, decompile, reverse engineer, disassemble, create derivative works, or attempt to discover any source code or other data of, or in, the Healthmap Program Tools or the Healthmap Content;
5. distribute, publish or allow access or linking to Healthmap from any location or source other than Your Website or as otherwise expressly permitted under these Terms of Use;
6. frame (divide the browser display area into separate sections, each of which constitutes a different web page) any web page served by Healthdirect servers;
7. rearrange or reorganise Healthmap Content within Your Website;
8. combine any part of the Healthmap Program Tools with other software, or distribute any software or device incorporating a part of the Healthmap Program Tools;
9. use any Healthmap Program Tools on Your Website in a way that changes, obstructs or otherwise prevents the display of any content of Our Website to which the Healthmap Program Tools is linked;
10. display any Healthmap Program Tools or Healthmap Content on Your Website in a way that makes the information displayed on Our Website or provided to You appear to be part of Your Website, or attempt to depict any of Our Website content as Your own content;
11. commercialise (including, for example, sell, rent, trade, or lease) Healthmap Content or the Healthmap Program Tool;
12. use, copy, distribute or modify the Healthmap Content in any service bureau or timesharing business;
13. publish statistics, records, information from the Healthmap Content;
14. allow Your Website or access or use of the Healthmap Content or the Healthdirect Program Tools to:
  - (A)be false, inaccurate or misleading;
  - (B)infringe any third party’s Intellectual Property Rights, secret or other property rights or rights of publicity or privacy;
  - (C)violate any Law, contract, or generally accepted practice in all relevant jurisdictions (including without limitation those governing trade and export, financial services, consumer protection, unfair competition, antidiscrimination or false advertising);
  - (D)be defamatory, threatening or harassing; or
  - (E)contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data.
You must not:
1. represent, communicate or convey the impression that we approve, endorse, recommend or are connected in any way, with You (including Your related bodies corporate or personnel), Your Website, or any of Your goods or services; or
2. include on Your Website any material that we consider to be discriminatory, unlawful, abusive, malicious, offensive, defamatory, pornographic, obscene, threatening, harassing or otherwise inappropriate, in each case as determined at our sole discretion;
Nothing in these Terms of Use gives You a right to use any of Healthdirect’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You agree that You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Healthdirect Program Tools or Healthmap Content.

9. Disclaimers

Information entered, reviewed and updated in the Healthmap (including for example Healthmap Content) is provided by third parties. While this information is subject to quality assurance processes, we make no representation or warranty (express or implied) as to the currency, completeness, accuracy, reliability, suitability, availability or relevance of the information.
You must exercise Your own judgment with respect to Your use of the Healthmap Content and the Services. You must also carefully evaluate the currency, completeness, accuracy, reliability, suitability, availability or relevance of the available information.
We make no warranty regarding the ownership, continuation, suitability or fitness for use of third party intellectual property used on Our Website or in the Services, nor do we make any warranty over the veracity or accuracy of Google Maps or that the Google Maps licensing conditions or that Google’s ownership of Google Maps will not change or be challenged by third parties.
We do not warrant that You will have continuous and uninterrupted access to the Services or that the Services will conform to any particular service levels or performance specifications.
We do not warrant that the Services are free of any form of harmful surreptitious code, virus or other contaminants. We do not accept any liability for any interference with, or damage to, Your computer systems, software or data occurring in connection with the Services.
The Services may contain links to websites other than Our Website. You acknowledge and agree that we have no responsibility for the content or availability of the linked websites and we do not specifically endorse any organisation, association or entity referred to or linked from Our Website.
You acknowledge that Your use of the Services is entirely at Your own risk and, to the extent permitted by law, we expressly exclude all liability for any loss, damage, expenses and costs incurred by You in accessing and using the Services, including but not limited to:
1. use of the Services for a purpose for which it is not intended;
2. the inability to obtain consistent, reliable and uninterrupted access to the Services;
3. damage or interference to Your mobile device, any other piece of hardware, software, equipment or device installed on or used in connection with Your mobile device, or Your mobile data that arises in connection to Your download or use of the Our Website, its content or any linked website;
4. any errors, omissions or inaccuracies contained in the Services; and
5. any default, act or omission of any person other than us.

10. Governing Law

Your use of the Services, and any dispute arising out of Your use of the Services, is subject to the laws of New South Wales, Australia.

Healthmap

Terms and Conditions