1. Background

1.1 This website located at www.myocchealthrecord.com (Website) is operated by My Occ Health Record Pty Ltd ACN 627 619 701 and Healthbook Pty Ltd ACN 630 277 860 (MOHR, We, Us, Our).

1.2 These website terms of use (Terms) govern Your access to and use of the Website. The Website provides general information about MOHR and the MOHR occupational health software platform (Platform). The Website does not itself provide access to the Platform.

1.3 These Terms are different from, and sit alongside, the terms that apply if You are granted access to use the Platform. If You access the Platform as an individual end user, the MOHR End User Terms apply to that access. If You access the Platform as a clinician, provider staff member or employer/client staff member on behalf of a commercial subscriber, the MOHR Business User Terms of Use apply to that access. See section 9 for links to those documents.

1.4 By accessing or using the Website, You agree to be bound by these Terms. If You do not agree to these Terms, You must not use the Website.

1.5 We may amend these Terms at any time by publishing an updated version on the Website. Your continued use of the Website after an update constitutes acceptance of the updated Terms.

2. Who these Terms apply to

2.1 These Terms apply to any person who accesses or browses the Website, including prospective customers, partners, candidates and members of the public (You, Your).

2.2 The Website does not require login or registration and does not process any transactions. Where You submit information to Us through a contact or enquiry form on the Website, that information is handled in accordance with Our Privacy Policy (see section 8).

3. Acceptable use

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

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

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

(c) upload, transmit or introduce any virus, malware or other harmful code;

(d) use any automated system, script, bot or scraping tool to extract data or content from the Website without Our prior written consent;

(e) attempt to gain unauthorised access to the Website, its servers, or any system or network connected to the Website;

(f) interfere with or disrupt the operation, security or integrity of the Website; or

(g) impersonate any person or misrepresent Your affiliation with any person.

3.2 We may restrict, suspend or terminate Your access to the Website at any time, without notice, if We reasonably consider You have breached these Terms.

4. Intellectual property

4.1 We (and Our licensors) own all intellectual property rights in the Website and its content, including text, graphics, logos, trademarks, images, video and the design and layout of the Website (Content).

4.2 You may view, download and print extracts of the Content for Your own personal or internal business use only (for example, to evaluate MOHR’s services). You must not otherwise copy, reproduce, republish, distribute, modify or create derivative works from any Content without Our prior written consent.

4.3 Nothing in these Terms grants You any licence or right to use MOHR’s or Healthbook’s trademarks, trade names or logos.

5. No advice; accuracy of content

5.1 The Content is provided for general informational purposes only. It does not constitute clinical, medical, legal, financial or other professional advice, and must not be relied on as such. Any decision to use the Platform or MOHR’s services should be based on the applicable contractual terms, not on marketing statements on the Website.

5.2 We take reasonable care to ensure the Content is accurate and up to date, but We do not warrant or represent that the Content is complete, accurate, or current at all times, and We may change the Content at any time without notice.

6. Third-party links

6.1 The Website may contain links to third-party websites or content (for example, partner or supplier websites). Those links are provided for convenience only. We do not endorse, and are not responsible for, the content, accuracy or privacy practices of any third-party website, and We encourage You to review the terms and privacy policy of any third-party website before providing any information to it.

7. Availability, disclaimers and liability

7.1 The Website is provided on an “as is” and “as available” basis. To the extent permitted by law, We do not warrant that the Website will be uninterrupted, secure or error-free.

7.2 To the extent permitted by law, We exclude all conditions, warranties and representations, express or implied, in connection with the Website and its Content.

7.3 To the extent permitted by law, We will not be liable for any indirect, incidental, special or consequential loss or damage (including loss of data, loss of opportunity or loss of profits) arising out of or in connection with Your access to or use of, or inability to access or use, the Website.

7.4 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, the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ)) that cannot be excluded, restricted or modified by agreement.

8. Privacy

8.1 Our Privacy Policy explains how We collect, use, store and disclose personal information through the Website (for example, information You submit via an enquiry or contact form, and information collected through cookies and analytics tools) and through the Platform. Our Privacy Policy is available at https://www.myocchealthrecord.com/privacy/.

8.2 By using the Website, You acknowledge that Your personal information will be handled in accordance with Our Privacy Policy.

9. Platform terms

9.1 These Terms govern Your use of the Website only. They do not apply to, and are not a substitute for, the terms that govern access to and use of the Platform itself.

9.2 If You are, or become, an individual end user of the Platform, Your access is governed by the MOHR End User Terms, available at https://www.myocchealthrecord.com/end-user-terms/.

9.3 If You are, or become, a clinician, health provider or employer/client staff member granted access to the Platform by a commercial subscriber, Your access is governed by the MOHR Business User Terms of Use, available at https://www.myocchealthrecord.com/business-user-terms/.

9.4 If there is any inconsistency between these Terms and the End User Terms or Business User Terms of Use in respect of Your use of the Platform, the End User Terms or Business User Terms of Use (as applicable) prevail to the extent of the inconsistency.

10. General

10.1 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 out of these Terms.

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

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

10.4 You must not assign or transfer any rights under these Terms without Our prior written consent.

11. Definitions

Content: has the meaning given in clause 4.1.

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

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

Terms: these Website Terms of Use.

Website: the website located at www.myocchealthrecord.com.

In these Terms, unless the context otherwise requires: headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; references to legislation include all amendments, re-enactments and replacements; and “includes” and similar expressions are not words of limitation.

12. Contact 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