GOSHARE HEALTHCARE & GOSHARE PSI LICENSE AGREEMENT
By clicking on “Install” you acknowledge that you have read and understood this document and agree to abide by and be bound to the terms and conditions of this Agreement.
The GoShare Healthcare and GoShare PSI web applications are owned and operated by Healthily Pty Ltd ACN 78 613 342 635 (Healthily, We or Us). GoShare is a platform for the distribution of health and wellness resources. GoShare PSI is the integration of GoShare with General Practice clinical software.
Healthily Pty Ltd (HLY) consults with subject matter experts and reasonable care is taken to ensure that the health resources made available on GoShare Healthcare and GoShare PSI are accurate, up to date and credible. The health resources are not a substitute for diagnosis, treatment or medical advice by a health care professional. HLY disclaims all liability (including for negligence) for any loss, damage or injury resulting from reliance on or use of any information from GoShare Healthcare and GoShare PSI software.
“Agreement” means this license agreement between HLY and Authorised Users relating to the use of the GoShare application by health professionals, and all schedules and annexures;
“Authorised User” means GPs, Practice Managers, Practice Nurses and other health professionals in General Practices provided with access to GoShare Healthcare and GoShare PSI;
“Commencement Date” means the date this agreement is accepted;
“Eligible End User” means the Authorised User’s patients, clients, their family and carers;
“Funding Organisation” means the organisation funding licensed access to GoShare Healthcare or GoShare PSI by Authorised Users.
“GoShare Healthcare” means HLY’s web application that enables the distribution of health content to individuals;
“GoShare PSI” means the integration of GoShare Healthcare with General Practice clinical software.
“Intellectual Property Rights” means all copyright (including rights in relation to phonograms and broadcasts), all rights in relation to inventions (including patent rights), plant varieties, registered and unregistered trade marks (including service marks), registered and unregistered designs, circuit layouts, know-how and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
“Licence Term” means the duration of this agreement as determined in accordance with the commercial agreement between HLY and the Funding Organisation;
- Initial term:
commences on the Commencement Date; and
expires according to the terms of the commercial agreement between HLY and the Funding Organisation.
- All rights granted to the Authorised User herein are non-exclusive and HLY retains sole ownership and all of the Intellectual Property Rights associated with GoShare Healthcare, and all rights not expressly granted to the Authorised User herein are reserved to HLY.
- HLY hereby grants to the Authorised User a non-exclusive, non-transferrable licence to use GoShare, within the territory of Australia only, for the Licence Term, in accordance with the terms of this Agreement.
- The Authorised User may not sublicense, copy, modify or otherwise alter GoShare or any content hosted on GoShare without the prior written permission of HLY.
- Authorised Users may use GoShare for the purpose of sending health content hosted on GoShare to Eligible End Users who agree to receive the health content.
- HLY may immediately terminate this Agreement by notice in writing if the Authorised User commits any breach of this Agreement and fails to remedy same within 30 (thirty) days of service of a notice in writing on the Authorised User by HLY.
- Upon expiration or termination of this Agreement, Authorised User shall cease all usage of GoShare Healthcare and the content hosted on GoShare Healthcare.
- Confidentiality & Data Security
Healthily does not rent, sell, or share Authorised User’s or Eligible End User’s data with third parties or non-affiliated companies, except to provide the services requested by an Authorised User and otherwise in accordance with this Agreement.
GoShare Healthcare and GoShare PSI have been built with modern, best-practice web development methods, with security a foremost consideration. All data collected is stored on secure servers in Australia.
HLY takes all reasonable steps to manage data stored on our servers to ensure data security.
The personal information collected by GoShare Healthcare is limited to the name, email address, phone number and health organisation
Physical, electronic, and procedural safeguards have been implemented in order to protect data, and although HLY takes all care to respect and protect Personal Information:
- HLY will not accept any responsibility for any unauthorized use of Authorised Users’ accounts or of GoShare Healthcare or GoShare PSI generally;
- HLY cannot ensure the security or privacy of transactions that do not occur within GoShare Healthcare or GoShare PSI; and
- Authorised Users are responsible for the content of account information and are responsible for the security of any password and details needed to access GoShare Healthcare or GoShare PSI at all times.
- HLY warrants, undertakes and agrees with Authorised Users:
- that HLY has the authority to grant the rights hereby granted to Authorised User;
- that the health content owned by HLY or hosted by agreement on GoShare is not defamatory of any third party nor will the exercise of any right granted to the Authorised User hereunder violate or infringe upon the trademark, trade name, copyright, literary, dramatic, musical, artistic, personal, civil or private right or rights or privacy, or any other right of any party; and
- that HLY has obtained all rights clearances from contributors to the content owned by HLY or hosted by agreement on GoShare and for the use and exploitation of any music, video footage, images, logos, and any other components of the content.
- HLY undertakes to use its best endeavours to provide the service without interruption for the term of this agreement but does not guarantee freedom from such interruption and specifically absolves itself from liability in the event of such interruption.
- This Agreement is governed by the laws of the State of the Victoria, Australia. The parties submit themselves to the jurisdiction of the courts of that State.