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HL7Connect Website Terms of Use

Introduction

Welcome to www.hl7connect.com. This website is best viewed using a contemporary web browser.

This website is owned and operated by:

Kestral Computing Pty Ltd
ABN 26 009 376 069
of Suite 8a, 17 Burgundy Street, Heidelberg, Victoria, Australia, 3084
Tel: +61 3 9450 2222
Fax: +61 3 9450 2299
("Kestral")

under the domain name "hl7connect.com",

(the "HL7Connect Website").

Your use of the HL7Connect Website, its associated services, and the information, graphics, materials, documentation or any software on or available via the HL7Connect Website ("Material on this Website") is offered to you on your acceptance of and is governed by these Terms of Use and our Privacy Policy (link to privacy policy).

In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of this HL7Connect Website, parts of this HL7Connect Website, or to products and services offered via this HL7Connect Website. You will be bound by these additional terms, as applicable.

If you are not prepared to agree to these Terms of Use then you must immediately leave this website. By using this website you agree to be bound by these Terms of Use.

If you have any queries regarding these Terms of Use please contact info@hl7connect.com.

Links to other websites

The HL7 Connect Website may contain links to websites which are owned or operated by third parties independent of Kestral ("Third Party Websites"). Kestral does not sponsor, endorse, or approve of the operators of Third Party Websites, or the material included on Third Party Websites, including information, graphics and other materials ("Third Party Material").

Subject to any applicable law which cannot be excluded, Kestral makes no warranties or representations:

  1. regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Websites; or

  2. that Third Party Material does not infringe the intellectual property rights of any person. Kestral is not authorising the reproduction of Third Party Material by linking Material on this Website to Third Party Material.

When following a link on the Kestral Website, material at a Third Party Website may be displayed in your browser framed by Material on this Website. This material is also Third Party Material for the purpose of these Terms of Use.

Kestral products and services

The HL7Connect Website contains both information of a general nature about Kestral, and Kestral's products and services.

The HL7Connect Website may contain software, documentation, or other information available for download ("Download Material"). Specific terms and conditions or other requirements or restrictions may be imposed on Download Material, including a requirement to pay for Download Material. Additional terms and conditions or license conditions may apply to the use you may make of any Dowload Material. Any such additional terms and conditions or restrictions and requirements will apply to your use of the Download Material.

You must ensure that you have the required hardware and operating environment to use any Download Material, and ensure that the Download Material is suitable for your use. You must read any information provided about any Download Material to ensure the Download Material is appropriate for your requirements. If you are in any doubt, do not access, download, install or use the Download Material.

You acknowledge that any information you send to the HL7Connect Website may not correctly reach Kestral or the HL7Connect Website, for a variety of reasons, including, but not limited to, mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, Kestral is not responsible for any loss or damage caused by such a failure.

Information from third parties

Any information obtained via email lists hosted on the HL7Connect Website, email list archives or the script repository, may be provided by a third party organization or individual that is registered as a subscribing member of the HL7Connect Website, or who is registered as a developer on the HL7Connect Website.

Kestral has not verified any of the information provided by such third parties. Kestral does not warrant the quality, accuracy, adequacy, completeness of such information, its suitability for any particular purpose, or that the information is free from virus.

Any opinions or information provided by a third party via the members' email lists, developer email lists, email list archives or the script repository, reflect the judgement of that individual or organization and not Kestral.

You are prohibited from posting, sending or uploading to any part of the HL7Connect Website any material which in any way whatsoever is illegal, racial, offensive, discriminatory, defamatory or associated with pornography or any other category determined to be inappropriate by Kestral at any time.

Whilst under no obligation to do so, Kestral retains the right to review, edit and remove any information whatsoever from any part of the HL7Connect Website at any time and without notice to you.

Examples and illustrations

From time to time Kestral may use and the HL7Connect Website may contain examples and illustrations demonstrating interface scenarios with health organizations.

These examples are purely for explanatory purposes. Kestral does not intend them to refer to or portray (in name or substance) any actual names, organizations, companies, businesses, entities or institutions. Any resemblance to any real person, organization, company, business, entities or institutions is purely coincidental. Furthermore, Kestral does not warrant that any such examples or interface scenarios will be suitable for your requirements.

Email correspondence with Kestral

If you send unencrypted emails to Kestral or the HL7Connect Website, there is a risk that others might be able to read or capture the contents of your email.

If you send unencrypted emails to Kestral or the HL7Connect Website or utilise the email link on the HL7Connect Website, then you consent to Kestral replying to you by means of unencrypted email.

If you contact Kestral or the HL7Connect Website by means of a form on this website and you provide Kestral with your email address, then you consent to Kestral contacting you by means of unencrypted email.

Payments

All payments for any Download Material, software, products or other services purchased via the HL7Connect Website must be paid in full by clear funds before the software, product or service will be made available.

Unless provided for otherwise, all such payments are to be made via a credit card processing company called WorldPay. You must therefore provide to Worldpay details of your credit card, including:

  1. Credit card type;

  2. Name on credit card;

  3. Credit card number; and

  4. Expiry date.

Third party providers

Parts of the HL7Connect Website, or the provision of payment processing or other services offered via this HL7Connect Website, may be outsourced to third party providers. These Terms of Use apply to any outsourced services, unless you are otherwise notified of any alternate terms of use.

No warranty as to accuracy of information

Whilst every effort has been made to ensure that information is free from error, Kestral does not warrant the accuracy, adequacy or completeness of Material on this Website, or its suitability for any particular purpose. All information is subject to change without notice.

Kestral does not guarantee that the HL7Connect Website, Material on the Website, or Third Party Websites will be free from viruses, or that access to the HL7Connect Website or Third Party Websites will be uninterrupted. All terms implied by law, except those that can not be lawfully excluded, are excluded.

Material on this Website is subject to change by Kestral without notice.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, Kestral, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Material on this Website, to Third Party Material, or to access of the HL7Connect Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

Indemnity

You indemnify Kestral in respect of any liability incurred by Kestral for any loss or damage, howsoever caused, suffered by Kestral as a result of your breach of these Website Terms of Use, or your use of the HL7Connect Website.

Availability of the HL7Connect Website

As electronic services are subject to interruption or breakdown, access to the HL7Connect Website is offered on an "as is" and "as available" basis only.

You are responsible for ensuring that you have alternate contingency plans in place should the HL7Connect Website be unavailable.

Kestral may impose limits or restrictions on the use you may make of the HL7Connect Website. Kestral may withdraw the HL7Connect Website at any time and without notice to you.

Copyright

Copyright in any Material on this Website, including all information, text, data, programs, graphics, materials, software and any other content located on or as part of the HL7Connect Website, is owned or licensed by Kestral.

Except where necessary for and incidental to viewing the Material on this Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this Website may be reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of Kestral.

Kestral permits you to download or print pages from the HL7Connect Website for your own personal use without modification.

Kestral permits you to copy, extract or forward pages from the HL7Connect Website to a third party for their personal use only, provided:

  1. you do not make any modifications to the extract, pages or graphics before re-copying, extracting or forwarding;

  2. you acknowledge that the extract is from the HL7Connect Website;

  3. you include the URL address of the HL7Connect Website on the extract; and

  4. you notify the third party that use and further copying of the extract by them is subject to the terms of these Terms of Use.

Trademarks

"HL7Connect" and "hl7connect.com" are trademarks of Kestral Computing Pty Ltd.

Third party trademarks are trademarks of the respective third parties.

Termination

These Terms of Use and your access to the HL7Connect Website may be terminated at any time by Kestral without notice to you. All restrictions, licenses granted to you and all disclaimers and limitations of liability by Kestral will survive termination. However, upon termination, you will no longer be authorised to access the HL7Connect Website.

Acceptance and changes to Terms of Use

You acknowledge and accept that your use of the HL7Connect Website indicates your acceptance of these Terms of Use and the Privacy Policy. These are the current Terms of Use. They replace any other terms of use for the HL7Connect Website published on the HL7Connect Website to date.

Kestral may at any time vary the Terms of Use by publishing the varied Terms of Use on the HL7Connect Website. Kestral is under no obligation to specifically notify you of any variation to these Terms of Use. By your use of the HL7Connect Website after any variation, You are taken to have accepted the new Terms of Use.

General

The law applicable to the HL7Connect Website and to disputes arising out of the HL7Connect Website is the law of the State of Victoria, Australia.

All monetary amounts shown on the HL7Connect Website are in Australian dollars, unless otherwise stated.

Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.

Linking to the HL7Connect Website and feedback

Please contact Kestral if you would like to link to any part of the HL7Connect Website. Kestral welcomes any feedback or suggestions about this website.

Version

This is Version 1.01-010 of the HL7Connect Website Terms of Use, current as of 1 February, 2005 at 12:33 pm Australian Eastern Standard time.