Introduction

Welcome to the National Diabetes Services Scheme (NDSS), My NDSS Portal (the Portal).

The Commonwealth of Australia, as represented by the Department of Health and Aged Care (the Department), has contracted Diabetes Australia ABN 47 008 528 461 (Diabetes Australia) to administer the NDSS and the Portal.

Where these Terms of Use refer to the Department, where the context permits, this is also taken to include a reference to Diabetes Australia acting as the Department’s contracted service provider for the purposes of the Privacy Act 1988 (Cth) (Privacy Act).

Definitions

In these Terms of Use:

1. Intellectual Property Rights includes:
   1. all copyright (including rights in relation to phonograms and broadcasts);
   2. all rights in relation to inventions, plant varieties, trademarks (including service marks), designs and circuit layouts; and
   3. all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
      but does not include:
   4. moral rights under Part IX of the Copyright Act 1968 (Cth); or
   5. rights in relation to confidential information.
2. Material means anything:
   1. input or transmitted by You into the Portal; or
   2. communicated by the Department via the Portal to You; and
      includes any such thing in which Intellectual Property Rights subsist.
3. Personal Information has the same meaning as that given in the Privacy Act.
4. Profile means the account of a Registrant on the Portal.
5. Registrant means an individual registered with the NDSS.
6. You and Your refers to the user of the Portal who may either be:
   1. the individual to which the Profile relates (or will relate); or
   2. the carer or guardian acting on behalf of the individual to which the Profile relates (or will relate).

The Portal

The Portal is an online tool allowing You to (among others):

1. create, view and update Your Profile;
2. update Your personal details, e.g. address, phone and email address;
3. view information in relation to NDSS programs, services and events;
4. view Your access to NDSS products; and
5. update Your communication preferences for how the NDSS contacts You e.g. email, SMS, or phone.

Terms and Conditions

You must agree to these Terms of Use as a condition of Your usage of the Portal.

By continuing to use the Portal You accept these Terms of Use and acknowledge that You have an ongoing need to access the Portal. The Department may at its absolute discretion update these Terms of Use. Diabetes Australia will provide You with notice of any update to these Terms of Use via the Portal.

Your Obligations

You must:

1. only use the Portal for lawful purposes, in accordance with these Terms of Use or any other condition posted by the Department on the Portal, and in a manner that does not infringe the Intellectual Property Rights of, or restrict or inhibit the use of the Portal by, any third party;
2. only access the Portal using Your Profile;
3. not circumvent, override or undermine (or attempt to circumvent, override or undermine) the security or integrity of the Portal;
4. not access (or attempt access) any Materials on the Portal which you are unauthorised to have access to;
5. take all reasonable precautions to prevent loss, disclosure and unauthorised use of Your Profile;
6. immediately notify Diabetes Australia of any unauthorised use of Your profile or any other breach of security and take all other actions that the Department (through Diabetes Australia) reasonably deems necessary to maintain or enhance the security of the Portal;
7. maintain and ensure Your profile registration and authentication details are true, current and correct;
8. not use or misuse the Portal in any way which may disrupt or impair the functionality of the Portal or other systems used for the Portal; and
9. not transmit, or input via the Portal, any:
1. harmful code or malware;
2. unlawful, defamatory, obscene, offensive or scandalous Material, or any Material that constitutes or encourages conduct that would contravene any law or which may harass or cause distress or inconvenience to any person; or
3. Material in violation of any Intellectual Property Rights or any laws that You do not have the right to use or transmit or input into the Portal.

You acknowledge that Your access to, and use of, the Portal is subject to applicable Commonwealth legislation (including the Crimes Act 1914 (Cth), the Criminal Code Act 1995 (Cth), and the Privacy Act), and that penalties may apply for misuse of information obtained from the Portal or disclosure of information contrary to law.

Collection of Your personal information

Diabetes Australia needs to collect Personal Information about You to create Your Profile and for the purposes of administering the Portal.

If You do not provide this information, Diabetes Australia will not be able to register You for the Portal and You will not be able to access the services and information contained within the Portal Diabetes Australia is bound by the Privacy Act and the Australian Privacy Principles (APPs). Diabetes Australia may collect, use and disclose Personal Information about You or about third parties that You input or transmit via the Portal. Diabetes Australia has an NDSS privacy policy in regard to the administration of the NDSS. You can obtain a copy of the NDSS privacy policy by visiting the NDSS website at https://www.ndss.com.au/privacy-policy/.

These privacy policies contain information about:

1. how You may access the Personal Information that either Diabetes Australia or the Department holds about You and how You can seek correction of it; and
2. how You may lodge a complaint about a breach of
• the APPs
• the Australian Government Agencies Privacy Code that binds the Department and Diabetes Australia; and
• how either Diabetes Australia or the Department will deal with such a complaint.

Indemnification, liability and termination

You remain solely responsible for complying with all applicable laws in connection to Your use of the Portal and all Materials. You indemnify the Department for any loss or expense incurred by the Department in dealing with any claim against it, including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid by the Department, arising from either:

1. a breach by You of these Terms of Use; or
2. an act or omission involving fault on Your part in connection with these Terms of Use.

Your liability to indemnify the Department under these Terms of Use will be reduced proportionately to the extent that any negligent or other tortious act or omission of the Department contributed to the relevant loss or damage.

If You:

1. breach any of these Terms of Use or any other conditions notified by the Department on the Portal; or
2. engage in misleading, deceptive, fraudulent, immoral or illegal conduct,

the Department may, without limiting its rights, terminate Your access to the Portal or suspend for any period of time Your use of the Portal. The Department reserves the right to pursue any legal action. The Department may at any time and without notice, in its sole discretion and without cause, discontinue or vary any aspect of the Portal, its functionality, services or Material. In such event, to the maximum extent permitted by law, the Department will not be liable to You for any costs, loss, damage, expense or other liability that you may incur, however so caused.

Security

The Portal is hosted in a cloud environment and has been designed to meet relevant security requirements.

The Department and Diabetes Australia applies a range of security controls to protect this Portal from unauthorised access.

Where connection to a system or website outside Diabetes Australia’s control compromises the objectives of the Portal, Diabetes Australia may sever links to that website or system.

Your use of the Portal will be logged for the purpose of security, usage monitoring and audit purposes.

Exclusions and Disclaimers

You agree that Your use of the Portal is entirely at Your own risk, and You have made Your own assessment on the risk of use of the Portal and any Materials on the Portal.

You agree that any information or Material You input or transmit into or via the Portal may be accessed by other users who are permitted access by the Department for the purposes of administering the NDSS and the Portal.

The Department may at any time change the content of the Portal, including removal of any Materials on the Portal, in its sole and absolute discretion and without notice to You.

To the maximum extent permitted by law, the Department excludes all liability and responsibility to You (or any other person) for any loss (including loss of information, data, profits and savings) or damage, whether direct or indirect, suffered or incurred in connection with Your (or any other person’s) use of or reliance on, the Portal or any Materials on the Portal.

The Department gives no warranty in connection with the Portal and any Materials on the Portal and cannot guarantee that the use of the Portal and any Materials on the Portal will not breach Intellectual Property Rights of any party, that use will be uninterrupted or error free, that defects will be corrected, or that the Portal is free of harmful code.

You acknowledge that the Department does not give any representation or warranty that the Portal or any underlying environment or platform is secure or meets a particular security standard except for those specifically listed in these Terms of Use.

Where liability under any condition, guarantee or warranty cannot legally be excluded but can be validly limited, such liability is limited in the Department’s discretion to re-supplying access to the Portal or paying the cost of having the access supplied again.

General

These Terms of Use are governed by the laws of the Australian Capital Territory, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

If either party waives any breach of these Terms of Use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

If You are a carer or guardian you warrant that you:

1. have received consent from the individual to which the Profile relates (or will relate); or
2. are legally entitled;

to access the Portal for and on behalf of the individual to which the Profile relates (or will relate).