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) provide the MOHR Platform – software that supports occupational health assessments for employers, health providers, clinicians and the individuals they direct to the Platform (Platform).

1.2 You and Your refer to an individual end user who accesses the Platform to complete a pre-employment, in-employment or other occupational health assessment, access the platform to make and manage bookings or access assessment results, or an Authorised Person acting on their behalf. Other capitalised terms used in these Terms are defined in section 14.

1.3 These Terms set out the basis on which We permit You to access the Platform. By accessing and using the Platform, You agree to be bound by these Terms.

1.4 We may amend these Terms at any time by publishing the updated version on Our website or by notifying You (for example, by email or by notification in the Platform). Continued use of the Platform after any amendment constitutes acceptance of the updated Terms.

2. Your access to the Platform

2.1 We grant You a limited, non-exclusive and revocable licence to access and use the Platform, subject to these Terms and any reasonable directions We give You from time to time.

2.2 Your licence is personal to You and cannot be transferred to anyone else, including any of your work colleagues.

2.3 We may monitor Your use of the Platform to identify and resolve technical problems, respond to complaints, monitor security and verify compliance with these Terms. We may remove, or ask You to remove, any content uploaded to the Platform in breach of these Terms.

3. How you access the Platform

3.1 You access the Platform by accepting an invitation sent to You by the health provider or employer who has arranged Your assessment. If self-booking through the Employee Booking System, You access the platform by registering an account.

3.2 You agree and acknowledge that:

(a) You must be at least 16 years of age to access the Platform. If You are under 16, an Authorised Person must accept these Terms and access the Platform on Your behalf;

(b) an Authorised Person who accesses the Platform on behalf of an individual warrants that they have the authority to do so and to bind the individual to these Terms;

(c) You are responsible for keeping Your access credentials (including any invitation link or login details) confidential and must not share them with anyone else;

(d) You must notify Us promptly if You become aware of any unauthorised use of Your access to the Platform; and

(e) You are responsible for ensuring that the information You enter into the Platform is accurate and complete.

4. Acceptable use and Your obligations

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

(a) breach any laws, or encourage or assist the commission of any illegal act;

(b) infringe any person’s rights, including intellectual property rights, rights of privacy, confidentiality or contractual rights;

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

(d) impersonate any other person or provide false identity information;

(e) attempt to access data, accounts or parts of the Platform that are not accessible to You;

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

(g) engage in conduct that is unlawful, defamatory, threatening or harassing, or that is reasonably likely to damage Our reputation or services.

4.2 By using the Platform to complete a health assessment, You acknowledge and agree that:

(a) all information You provide through the Platform must be accurate, current and complete. Assessment outcomes may be relied on by Your clinician, health provider and employer to make decisions about Your fitness for work or suitability for a role – it is therefore important that the information You provide is truthful;

(b) if You become aware that information You have submitted is incorrect or out of date, You should update it through the Platform or contact Your clinician or health provider as soon as possible;

(c) the Platform must not be used in any emergency or life-threatening situation – if You need immediate help, please call 000;

(d) MOHR does not provide health services. We provide the Platform only – a tool that enables You to provide information to Your clinician and health provider. Your clinician is solely responsible for any clinical assessment, advice or decisions made about Your health; and

(e) Your health information and assessment outcomes may be shared with the clinician, health provider and, where applicable, your employer in accordance with the scope of Your assessment and Our Privacy Policy.

4.3 Use of artificial intelligence: 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.

5. No fees

Accessing the Platform to complete Your assessment is free of charge to You. The costs of using the Platform are borne by the employer or health provider who arranged Your assessment.

6. Availability of the Platform

6.1 While We take reasonable steps to limit interruptions, You acknowledge and agree that:

(a) access to the Platform may be affected by issues outside Our control;

(b) We do not promise continuous or error-free access to the Platform; and

(c) the functionality of the Platform may change or be updated from time to time.

6.2 If the Platform is unavailable, You should contact Your employer, health provider or clinician directly.

7. Third party information

7.1 You acknowledge and agree that:

(a) the Platform may contain links to, or operate alongside, systems or services provided by third parties (including Your employer’s or health provider’s systems);

(b) We are not responsible for the content, accuracy or privacy practices of those third-party services; and

(c) We are not responsible for, and make no representations about, the clinical decisions, assessments or advice that Your clinician or health provider makes using information provided through the Platform.

8. Data and security

8.1 You agree that:

(a) You will not do anything to prejudice the security or privacy of Our systems or the information held on them;

(b) You are responsible for the security of Your login details and access to the Platform; and

(c) You will notify Us immediately if You become aware of any unauthorised access to the Platform using Your credentials.

8.2 We will take all reasonable steps to protect the security of the Platform and of the information You submit. However, You accept that the internet is not a fully secure environment and We cannot accept responsibility for loss or unauthorised access to information where the security of that information is not within Our control. If You provide information via the internet, You do so accepting this risk.

8.3 We will store Your information in a secure, encrypted electronic format in Australia in accordance with Our Privacy Policy.

9. Privacy

9.1 By using the Platform, You acknowledge and agree that:

(a) We will collect any Personal Information (including Health Information) You provide to Us or Your clinician or health provider via the Platform, and We will handle that information in accordance with Our Privacy Policy at https://www.myocchealthrecord.com/privacy/, as updated from time to time;

(b) We may share Your Personal Information and Health Information with the clinician, health provider and employer involved in Your assessment, in accordance with the scope of the assessment;

(c) Your clinician and health provider may have their own policies governing how they handle Your information – Our Privacy Policy does not cover their practices and You should direct any questions about those practices to them directly;

(d) any consent given by You through the Platform is valid and binding unless and until You revoke it by contacting us; and

(e) We may send You marketing communications from time to time by email, SMS or other electronic means. You may withdraw Your consent to receive marketing communications at any time using the unsubscribe link in any communication or by contacting Us. Withdrawing consent for marketing does not affect service or transactional communications.

9.2 If You provide information about another person via the Platform, You warrant that You have that person’s consent to do so.

10. Suspension or termination of access

10.1 We may, in Our sole discretion, suspend or terminate Your access to the Platform at any time. We will ordinarily notify You of such a suspension or termination, but are not obliged to do so.

10.2 If Your access ends, information We hold about You may be deleted, de-identified or retained in accordance with applicable law and Our Privacy Policy.

10.3 Termination does not affect any accrued rights or provisions of these Terms that are intended to survive termination.

11. Intellectual property

11.1 We (and Our licensors) retain all intellectual property rights in and to the Platform, including its content, software and design.

11.2 Nothing in these Terms transfers any intellectual property rights in the Platform to You.

11.3 You retain ownership of the information You provide through the Platform. You grant Us a licence to use that information for the purposes set out in Our Privacy Policy and to provide the Platform to You.

11.4 You must not copy, reproduce, distribute, reverse engineer or make derivative works from the Platform or any of its content.

11.5 You acknowledge that de-identified and aggregated data generated from Your use of the Platform may be used by Us to improve the Platform, perform industry analysis and analytics, otherwise conduct Our business, and for such other uses that we may otherwise determine from time to time. This data will not identify You personally.

12. Liability and indemnity

12.1 To the extent permitted by law, You acknowledge and agree that:

(a) Your use of the Platform is at Your own risk;

(b) We make no representation or warranty that the Platform will be uninterrupted, error-free or fit for any particular purpose;

(c) We are not responsible for any clinical decisions, assessments or advice made by Your clinician, health provider or employer based on information submitted through the Platform;

(d) the Platform must not be relied on in any emergency or acute care situation; and

(e) under no circumstances will We be liable for any indirect, incidental or consequential loss or damage (including loss of data, loss of opportunity or loss of profits) arising from Your use of, or inability to use, the Platform.

12.2 You agree to indemnify Us for any loss, damage or claim We suffer as a direct result of Your breach of these Terms.

12.3 Certain rights and remedies may be available to You under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or, where You are in New Zealand, under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ) or similar legislation, and may not be excluded, restricted or modified. Apart from those that cannot be excluded, We exclude all conditions and warranties that may be implied by law.

13. General

13.1 You have not relied on any representation or statement made by Us other than as set out in these Terms or Our Privacy Policy.

13.2 No waiver of any right under these Terms is effective unless given in writing.

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

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

13.5 You may not assign your rights under these Terms without Our prior written consent. We may assign Our rights by written notice to You.

14. Interpretation – Defined terms

14.1 The following terms have the meanings set out below:

Authorised Person: a person who has authority to act on behalf of an individual end user, including a parent or legal guardian of a person under 15 years of age.

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

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

Health Provider: a health provider, occupational health clinic, or other organisation that engages a Clinician and has subscriber access to the Platform.

Personal Information: has the meaning given in the Privacy Act 1988 (Cth).

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

Privacy Act: the Privacy Act 1988 (Cth).

Privacy Policy: Our privacy policy, as updated from time to time, available at https://www.myocchealthrecord.com/privacy/.

Terms: these End User Terms of Use.

14.2 In these Terms, unless the context otherwise requires:

(a) headings are for convenience only and do not affect interpretation;

(b) the singular includes the plural and vice versa;

(c) references to legislation include all amendments, re-enactments and replacements; and

(d) “includes” and similar expressions are not words of limitation.

15. Contacting us

All questions, concerns or complaints about these Terms can be directed to:

Email: privacy@myocchealthrecord.com
Post: Privacy Officer, My Occ Health Record Pty Ltd, Level 5/50-56 York St, South Melbourne VIC 3205

We will aim to resolve any issue raised with You directly and promptly.
For privacy-specific queries or complaints, please refer to the contact details in Our Privacy Policy.