1. Background

1.1   My Occ Health Record Pty Ltd ACN 627 619 701 and Healthbook Pty Ltd ACN 630 277 860 (MOHR, We, Us, Our) operate the MOHR Platform — software that supports occupational health assessments. The Platform is made available to commercial subscribers (employers, health providers and clinicians) under a Master Services Agreement.

1.2   These Terms apply to You as an individual who has been granted access to the Platform by a commercial subscriber. You may be a clinician, a provider staff member, or an employer/client staff member.

1.3   By accessing and using the Platform, You agree to be bound by these Terms. If You do not agree, You must not access the Platform.

1.4   Other capitalised terms are defined in section 10.

2. Your access to the Platform

2.1   Your access to the Platform is granted by the commercial subscriber that employs or engages You. We grant You a limited, non-exclusive and revocable licence to access and use the Platform solely:

(a)  within the scope of Your role as authorised by that subscriber; and

(b)  in accordance with these Terms and any reasonable directions We or the subscriber give You from time to time.

2.2   Your licence is personal to You and cannot be transferred to anyone else, including to your work collegues employed by the subscriber.

2.3   We may monitor use of the Platform to identify technical problems, respond to complaints, monitor security and verify compliance with these Terms.

3. Acceptable use

3.1     In accessing or using the Platform, You must not:

(a)  access, view or use any personal information or health information on the Platform other than as necessary for Your authorised role in connection with a specific assessment or engagement;

(b)  disclose or share any personal information or health information You access through the Platform to any person or system outside the Platform, except as required or authorised by law or expressly permitted under the relevant subscriber’s arrangement with MOHR;

(c)  share Your login credentials with any other person;

(d)  attempt to access data, accounts or parts of the Platform beyond the scope of Your authorised access;

(e)  upload or transmit any material that contains viruses or harmful code;

(f)  reverse engineer, decompile, copy or make derivative works from the Platform;

(g)  use the Platform for any purpose other than Your authorised role; or

(h)  engage in conduct that is unlawful, or that is reasonably likely to damage MOHR’s reputation or services.

3.2    You must keep confidential all personal information and health information You access through the Platform. This obligation continues after Your access to the Platform ends.

4. Clinician-specific obligations

This section applies to You if You are a Clinician.

4.1   You warrant that throughout the period You use the Platform You hold all licences, registrations and qualifications required by law to provide the relevant health services in the jurisdiction in which You operate.

4.2   You acknowledge that:

(a)  the Platform is a record-keeping and information-exchange tool. It does not provide clinical advice and should not be relied on as such, and is not a substitute for Your professional judgment;

(b)  You are solely responsible for all clinical decisions You make in connection with any assessment conducted using the Platform; and

(c)  MOHR is the operator of the Platform only and bears no responsibility or liability for any clinical decision, assessment outcome or advice You provide.

4.3   You must maintain professional indemnity insurance appropriate to Your role and the services You provide.

5. Privacy and data handling

5.1   You must handle all personal information and health information. You access through the Platform in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (in Australia), the Privacy Act 2020 (NZ), the Information Privacy Principles and the Health Information Privacy Code 2020 (in New Zealand), and any other applicable privacy or health records legislation.

5.2   Where Your use of the Platform involves collecting personal or health information from an individual, You warrant that all necessary disclosures have been made and all required consents have been obtained from that individual.

5.3   You must notify MOHR immediately if You become aware, or have reasonable grounds to suspect, that a data breach has occurred in connection with information You have accessed through the Platform. Notification must be made using the contact details in section 9.

6. Security

6.1   You are responsible for keeping Your login credentials secure. You must not share them with any other person.

6.2   You will notify MOHR immediately if You become aware of any unauthorised access to the Platform using Your credentials.

6.3   You must not do anything to prejudice the security or integrity of the Platform or the information held on it.

7. Intellectual property

7.1   MOHR and its licensors retain all intellectual property rights in and to the Platform, including its software, content and design. Nothing in these Terms transfers any of those rights to You.

7.2   You must not copy, reproduce, distribute or make derivative works from the Platform or any content accessed through it.

8. Liability and indemnity

8.1   To the extent permitted by law:

(a)  MOHR makes no representation or warranty that the Platform will be uninterrupted or error-free;

(b)  MOHR is not responsible for any clinical decision, assessment outcome or advice made by You or any other user of the Platform; and

(c)  MOHR will not be liable for any indirect, incidental or consequential loss arising from Your use of the Platform.

8.2   You agree to indemnify MOHR against any loss, damage or claim arising directly from:

(a)  Your breach of these Terms;

(b)  any clinical decision or care (or failure to provide care) in connection with Your use of the Platform; or

(c)  Your non-compliance with applicable privacy or health records legislation.

8.3   Nothing in these Terms excludes, restricts or modifies any right or remedy You may have under the Australian Consumer Law, or (where You are in New Zealand) under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ), that cannot be excluded by agreement.

9. Contacting MOHR

For questions about these Terms or to notify MOHR of a data breach or security incident:

Email:   privacy@myocchealthrecord.com

Post:  Privacy Officer, My Occ Health Record Pty Ltd, Level 5/50-56 York St,
South Melbourne VIC 3205

10. Definitions

Clinician: a medical practitioner, health professional or other individual who conducts or supports an occupational health assessment using the Platform.

Health Information: has the same meaning as in the Privacy Act.

Personal Information: has the meaning given in the Privacy Act.

Platform: the MOHR occupational health software platform, including all updates and enhancements made available by MOHR from time to time.

Privacy Act: Privacy Act 1988 (Cth) (for Australia) and the Privacy Act 2020 (NZ) (for New Zealand). In these Terms, a reference to the Privacy Act includes the Australian Privacy Principles, the New Zealand Information Privacy Principles and the Health Information Privacy Code 2020, as applicable.

Terms: these Business User Terms of Use.

Interpretation: headings are for convenience only; singular includes plural; references to legislation include amendments; “includes” is not limiting.

11. General

11.1  These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria for any disputes arising from these Terms.

11.2  If any provision of these Terms is invalid or unenforceable, it is ineffective to that extent without affecting the remaining provisions.

11.3  MOHR may update these Terms at any time by publishing the updated version on the Platform or by notifying You. Continued use of the Platform after an update constitutes acceptance of the updated Terms.

11.4   MOHR may use artificial intelligence, machine learning and similar technologies as part of, or to support, the Platform and our services. Such usage may be to assist with data processing, quality assurance, security and fraud monitoring, and/or to otherwise improve the Platform. Where these technologies process personal information (including health information), we handle that information in accordance with our Privacy Policy and applicable law.

Privacy Officer
My Occ Health Record
Email: security@myocchealthrecord.com or Telephone: 1300 734 600