Terms of Use - Support at Home Community of Practice

Terms of Use
Support at Home 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 Support at Home Community of Practice (CoP), being an online forum that is intended to support registered providers (Providers) delivering funded aged care services under the Aged Care Act 2024 (Cth) (the Act) through the Support at Home program. In particular, the CoP is intended to support Providers to:

(a) share best practice;

(b) discuss operational challenges;

(d) keep up to date on SaH implementation and events; and

(e) explore previous questions and responses posted on the platform.

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.

2. Terminology

In these Terms:

Act means the Aged Care Act 2024 (Cth).

Aged Care Worker has the meaning given in the Act.

CoP means the Support at Home Community of Practice.

Department means the Commonwealth of Australia as represented by the Department of Health, Disability and Ageing.

Harmful Code means any software or code or any other thing that is designed to infiltrate or otherwise disrupt a computer, system, network or other infrastructure without an end user’s informed consent, such as an attack of any kind including distributed denial of service, malware, virus, worm, trojan, time bomb, spam, phishing email, backdoors, bots, spyware, adware, diallers, toolkits, key loggers, hijackers, web bug, exploits, cracking and hacking tools.

Privacy Policy means the privacy policy at https://www.health.gov.au/resources/publications/privacy-policy as updated from time to time.

Provider means a registered provider delivering funded aged care services under the Act through the Support at Home program.

Support at Home program or SaH means the Commonwealth program of that name that provides for the delivery of home support, assistive technology and home modifications under the Act and related rules.

Terms means these Terms of Use.

we, us and our refers to the Department.

you refers to the person using the CoP.

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:

Eligibility

3.1 To use the CoP, you must be an Aged Care Worker or otherwise employed by a Provider or a peak body for Providers.

Registering, and responsibility for, your account

3.2 You must register an account to use the CoP.

3.3 You must not try to use another person’s account to use the CoP.

3.4 You must not disable, avoid or circumvent any security or access restrictions of the CoP.

3.5 When registering to use the CoP, please ensure you use an alias username to minimise the amount of personal information handled by us.

3.6 You must not create more than one account for the CoP.

3.7 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.

3.8 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.

Restriction on the type of information that you share on the CoP

3.9 You must only use the CoP for its intended purpose and for lawful purposes.

3.10 You must not use the CoP to:

(a) disclose information that you do not have the right to disclose, such as other people’s confidential or personal information;

(b) transmit any message, data, image or program that would violate the property rights of others, including that would involve the unauthorised use of text, images or programs that are protected by copyright, or the unauthorised use of trade secrets or other confidential proprietary information;

(d) impersonate any person or falsely represent your authority or association with any person or organisation, including us;

(e) submit content that is illegal, offensive or otherwise harmful to others. This includes content that is harassing, inappropriate or abusive;

(f) buy, sell, or otherwise trade in usernames or other unique identifiers;

(g) send advertisements, chain letters or other solicitations; or

(h) send emails to distribution lists, news groups or group email aliases.

Restriction on sharing content

3.11 You must not share any content of the CoP (including the Department’s posts) outside the CoP. Note also your obligation regarding material appearing on the CoP as referred to in clause 5.4.

Interfering with the functionality, or others’ use of, the CoP

3.12 You must not use the CoP in a manner that will restrict or inhibit the use of, the CoP by us or any third party.

3.13 You must not interfere with the rights of others to use the CoP.

3.14 You must not disrupt or impair the functionality of the CoP.

3.15 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.

3.16 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.

3.17 You must not use any scripts or processes on the CoP nor any data scraping or data mining tools.

3.18 You must not transmit any Harmful Code into, or from the CoP.

Our right to modify or remove content

3.19 We reserve the right to modify or remove any content that violates 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 By posting or sharing content on the CoP, you grant to (or will procure for) us a perpetual, irrevocable, royalty-free, world-wide, non-exclusive licence (including a right of sub-licence) to use, reproduce, adapt, modify, perform, distribute, communicate and exploit any such content.

5.2 All intellectual property comprised in or derived from the CoP, including copyright comprised in the 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 the CoP are the property of their respective owners.

5.4 You must not make any unauthorised use of any material appearing on the CoP (and must not breach the intellectual property rights in respect of that material), such as by reproducing, distributing, modifying, or create derivative works of, any content on the CoP without prior written consent from the Department. 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

6.1 We have absolute discretion to decide whether to allow any person to access or use the CoP.

6.1 You agree that:

(a) we may immediately suspend or terminate your registration for, your access to, or your use of, the CoP for any reason, including if we determine that you have, or may have, breached any of these Terms; and

(b) we may suspend your registration for, your access to, or your use of, the CoP for any reason, including 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; and

(c) 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) when dealing with personal information.

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).

7.3 You must comply with all relevant obligations in the Aged Care Act 2024 (Cth).

8. Collection of personal information

8.1 Your personal information is protected by law, including the Privacy Act 1988 and the Australian Privacy Principles.

8.2 Your personal information, including your work email address and CoP username, is being collected by us for the primary purpose of facilitating your use of the CoP. Your personal 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, we will be unable to register you to use CoP.

8.4 We are unlikely to disclose your personal information to any overseas recipients.

8.5 You can get more information about the way in which we will manage your personal information, including our privacy policy, here: http://supportathomecommunityofpractice.com.au/privacy.

9. Liability and indemnity

9.1 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:

(a) your use of, or inability to use, the CoP;

(b) your use of any links or linked websites made available through the CoP;

(d) any inappropriate activities resulting from the loss or misuse of your username and password; and/or

(e) any attempt by you, or by a person on your behalf, to use the CoP without authorisation.

9.2 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.

9.3 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:

(a) your breach of these Terms and/or

(b) your use of the CoP and/or 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:

(a) any errors or omissions in the CoP, or linked sites on the internet;

(b) the CoP not being available or operative; and/or

(c) 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.

11. Warranties and guarantees

We do not warrant, guarantee or make any representation in respect of the following matters:

(a) that the CoP, or the servers that make the CoP available on the internet, are or will remain free of software viruses;

(b) that any software contained on the CoP, or the functions provided by that software, will operate in an uninterrupted or error-free way; or