Terms and Conditions

1. General

  1. The Healthmap (”Healthmap”), published by the National Health Call Centre Network Limited (ABN: 28 118 291 044) trading as Healthdirect (”Healthdirect”, ”us”, ”our” or ”we”), is a searchable online database of data sets provided through configurable web interfaces including a mapping tool.

  2. These Terms of Use apply to the use of the Healthmap and Our Website (including the information contained on Our Website) and the use of the Healthmap Program Tools (including data accessed via the Healthmap Program Tools).

  3. In these Terms of Use:

    1. you” and ”your” refers to a person who uses the Services.

    2. Approved Purpose is as described in section 2(b).

    3. Healthmap Content means all of the information stored in and retrieved from the Healthmap. Healthmap Content does not include information that you obtain independently of Healthdirect and the Healthmap Program Tools.

    4. Healthmap Program Tools means any widget or other tool provided by us which allows Your Users to access the Healthmap Content from Your Website.

    5. Our Website means http://www.healthmap.com.au.

    6. Services means the Healthmap, Our Website, and the Healthmap Program Tools.

    7. Your Users means end-users of Your Website, your service providers, and anyone who sublicenses Your Website.

    8. 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 the Healthmap?

  1. The Healthmap data sets currently include health, population, demographic, institutional and location data, and may in the future include revisions to existing content or new data as updated by us from time to time.

  2. The purpose of the Healthmap is to provide Australian health consumer and health service providers including federal, state and territory governmental agencies with information for use in health planning. The Healthmap is also intended to provide consistent, authoritative and reliable information about health services and health related services. The Healthmap is intended for use in Australia only.

  3. The 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

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

  2. We may modify or amend these Terms of Use by including a modified or amended version in the “Terms of Use” link within our website or widget. You will be deemed to have agreed to any such modification or amendment by your use of the Services following the date in which the modified or amended Terms of Use are posted in the “Terms of Use” link.

  3. At any time, we may terminate these Terms of Use, and the Services, with immediate effect at our discretion and without notice.

4. Use of the Services

  1. Subject to these Terms of Use, you are permitted to use and display Healthmap Content and the Healthmap Program Tools for the Approved Purpose. 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).

  2. You may save to cache or other temporary storage Healthmap Content only as necessary to perform an activity permitted under these Terms of Use. You must delete all cached content when it is no longer required for the purpose for which it was created.

  3. You agree that your use of the Services is for non-commercial purposes, and relates to planning for the delivery of services in the Australian health sector, and is at all times in accordance with the Approved Purpose.

5. Healthmap Content

  1. Except to the extent approved in writing by Healthdirect, you must not and you must not facilitate or enable others to:

    1. store any Healthmap Content indefinitely;

    2. copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Healthmap Content;

    3. frame (divide the browser display area into separate sections, each of which constitutes a different web page) any web page served by Healthdirect servers;

    4. rearrange or reorganise Healthmap Content within Your Website;

    5. enable or permit the disclosure of Healthmap Content other than as authorised under these Terms of Use;

    6. commercialise (including, for example, sell, rent, trade or lease), copy or store the Healthmap Content, other than for the intermediate purposes allowed by these Terms of Use; or

    7. use, copy, distribute or modify the Healthmap Content in any service bureau or timesharing business.

6. Use of Healthmap Program Tools

  1. 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, 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.

  2. You must not:

    1. use the Healthmap Program Tools for any other purpose or give the Healthmap Program Tools to other people to place on their or other third party sites, and nothing in these Terms of Use shall be deemed to grant you any right, title or interest in the Healthmap Program Tools;

    2. install, implement, copy or use any Healthmap Program Tools for any purpose except as permitted under these Terms of Use;

    3. modify or create any derivative work from or commercialise in any way (including, for example, sell, rent, trade or lease) any Healthmap Program Tools;

    4. decompile, reverse engineer or attempt to discover any source code or other data in the Healthmap Program Tools to which we do not provide access;

    5. 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;

    6. 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;

    7. display any Healthmap Program Tools on Your Website in a way that makes the information displayed on Our Website appear to be part of Your Website, or attempt to depict any of Our Website content as your own content;

    8. 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

    9. 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.

  3. 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.

  4. You acknowledge and agree that we may at our sole discretion terminate the licence granted under section 6(a) and disconnect you from or restrict your use of any Healthmap Program Tools if we consider that:

    1. the Healthmap Program Tools are being used by you for a purpose other than as permitted under these Terms of Use; or

    2. the Healthmap Program Tools are being used on any website not owned by you, even if you did not cause or authorise the use.

      Such remedy will be in addition to any other remedy available at law or in equity to us.

  5. If your licence to use any Healthmap Program Tool is terminated by us, you must immediately:

    1. uninstall the Healthmap Program Tools and take down the Healthmap Program Tools from Your Website.
  6. 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. Disclaimers

  1. 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 Services and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability, availability or relevance of the available information.

  2. Without limitation to section 7(a), 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

8. Copyright and Trademarks

  1. 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.

  2. You may access and download the Healthmap Content, and the Healthmap Program Tools where available, but may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of Our Website or Healthmap Content in whole or in part without the prior written permission of the owner of the material.

  3. The Healthmap Content and Our Website may contain trademarks owned by us and third parties. You may not display or use in any manner any trade marks featured in the Healthmap Content or on Our Website without the prior written permission of the trade mark owner.

9. Governing Law

  1. 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.