Partner with Queensland Health: Terms and conditions
Formation and Acceptance
The use of the “Partner with Queensland Health” web pages (http://www.health.qld.gov.au/partners), (the “PQH Pages”) is governed by the following Terms and Conditions, which when accepted constitutes an agreement between the person who wants to use the PQH Pages ('you' and 'your') and the Queensland Government (including its agents, employees and subcontractors) ('we', 'us' and 'our').
Your use of the PQH Pages indicates acceptance of the following Terms and Conditions. If you do not agree to these Terms and Conditions you should not use the PQH Pages.
We may amend the Terms and Conditions at any time. You agree to check them every time you access the PQH Pages and your continued use of the PQH Pages signifies your acceptance of any changed terms or conditions. If you are dissatisfied with the terms and conditions, your sole and exclusive remedy is to discontinue the use of the PQH Pages.
Using the Partner with Queensland Health web pages
You agree that you are solely responsible for the accuracy and completeness of all the information and documentation you provide us using the PQH Pages and the Form.
You agree to grant to us, solely for the purpose of administering the PQH Pages a royalty-free, fee-free, worldwide, perpetual licence to use, record, copy and communicate, by any means, any information and documentation provided by you using the PQH Pages. Please note however, the PQH Page is not an invitation to tender, offer, an expression of interest. Please also note that the granting of the licence for such limited purpose does not transfer ownership of the Intellectual Property in such information and documentation to us.
You acknowledge that we are not responsible for:
- loss of any responses, documents and/or other information in transit from you to us utilising the PQH Pages;
- loss of your responses, documents and/or other information distributed to other parties by us;
- any error or delay in the assessment of your registration of interest;
- any failure to assess your registration of interest;
- any loss of documents or information provided by you;
- incorrectly assessing a registration of interest due to inaccurate or incomplete documentation or information provided by you.
You acknowledge that the electronic lodgement of your information is not received by us until you receive an electronic mail notification from us.
You acknowledge that the Crown in right of the State of Queensland owns the copyright in the PQH Pages.
Service Provider Details Form
These terms and conditions govern your submission of the Form and your access to and use of the Form and related web pages. By using or submitting this form you agree to be bound by these terms and conditions when you register your information.
By submitting the Form you are indicating to us that you are interested in being considered for any future potential contract or partnership.
You must complete all sections of the Form. If you do not complete the Form the full potential of your information may not be realised.
We make no representation at the time the Form is submitted or any time in the future, that there is an opportunity, contract or partnership available to you, or that you will be considered for a contract or partnership that becomes available with us. We make no representation that by submitting your Form you will be notified of any or all appropriate opportunities for contracts or partnerships; offered an interview in relation to a contract or partnership; or be offered a contract or partnership with us, nor are you a “Partner.”
You warrant that the information you submit on this Form is accurate and complete at the time of submission. You also warrant that you have not submitted the Form on behalf of any other person.
Submitting a Form will not automatically entitle you to be considered for an advertised contract or partnership. If you wish to be considered for a specific advertised partnership or contract you will need to ensure you complete the relevant application form and submit your application for the relevant contract or partnership, and otherwise comply with the process outlined for that contract or partnership.
Links
Links are provided from the PQH Pages to external Internet websites operated by other government bodies, non-government organisations and individuals. These external information sources are outside our control. We are not responsible for the contents of any external Internet site or any link contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and any link does not imply endorsement by us of the site. These linked sites will have their own terms and conditions of use and you should familiarise yourself with them.
Security
While we endeavour to ensure that the online transmission of the Form, containing your information, over the internet is secure, the inherent nature of the internet means that there is a potential risk that your information may be viewed or intercepted by third parties. Accordingly, submission through the online Form shall be at your own risk and we do not accept any responsibility or liability for any unauthorised access to your information contained in the Form when it is submitted online over the internet. Individuals who submit the Form online should receive an acknowledgement from us that the Form has been sent, on the screen, following submission. We do not accept any liability or responsibility if this acknowledgement does not appear or we do not receive your online submission.
We may issue instructions from time to time intended to ensure the security of the PQH Pages. You agree to comply with those instructions.
Warranty
You acknowledge that access to the PQH Pages may not be continuous, uninterrupted or secure at all times and that access may be subject to factors or circumstances outside of our control.
You acknowledge that the PQH Pages are not error free and electronic information provided by you or us may be lost or corrupted. We do not warrant the accuracy, adequacy or completeness of any material on the PQH Pages.
Liability
Subject to any responsibilities implied by law that cannot be excluded, we are not liable to you for any loss, damage, claims, liabilities, expenses (including without limitation legal costs and settlement costs) whatsoever arising out of or attributable to any content, or other material or loss or corruption of documents or information provided by us, any third party or by you using the PQH Pages whether in contract, tort (including negligence), statute or otherwise.
If the law implies any condition or warranty liability for breach of which cannot be excluded, our liability is limited to providing you with the opportunity to register re-register your interest by completing and submitting the Form again.
Without limiting our rights referred to in the preceding subclauses, we will not be liable for any failure to perform our obligations if such failure arises from such circumstances reasonably beyond our control. These circumstances include fire, flood, earthquake, elements of nature, acts of God, malicious damage, explosion, sabotage, riot, civil disorder, rebellion or revolution in Australia, any change of law which makes compliance with the affected party's obligations under these Terms and Conditions illegal, communication line failures, power failures, interruptions or shortages, computer processing systems failure.
Indemnity
You agree to indemnify and to hold us harmless from any claim or demand, made by any third party due to, or arising out of or in connection with, your breach of these Terms and Conditions or your infringement of any rights of a third party.
Privacy
Queensland Health is subject to the Information Privacy Act 2009 regarding the handling of personal information held by the department.
Personal information you provide in this form will be used by us to determine your suitability for a potential contract or partnership with the public health system in Queensland. In addition, we may use your information for statistical purposes, however any information will be de-identified for this purpose. We reserve the right to use and disclose the information provided by you in the Form to verify your solvency, qualifications and / or standing, including disclosing your information to professional and / or regulatory bodies. We will not disclose your information for any other purpose unless we obtain your consent, or we are required or permitted to do so by law (for example, under the Right to Information Act 2009).
You can apply for access to information submitted to the Partner with Queensland web pages (see “Right to Information” section below).
Please note that “personal information” is a defined term in the Information Privacy Act 2009 and essentially means information that would identify an individual. It does not extend to business or organisational information.
Right to Information
The Right to Information Act 2009 (the RTI Act) provides members of the public with a legally enforceable right to access documents held by Queensland Government agencies.
The RTI Act contains clear statements of intent regarding a pro-disclosure bias for information held by Queensland government. If a person applies to Queensland Health, under the RTI Act, for access to information concerning a registration of interest, Queensland Health is required to grant access, unless the document is exempt, or on balance, disclosure is contrary to the public interest.
Information released under the RTI Act is potentially subject to disclosure to third parties, via a disclosure log on Queensland Health’s website, maintained under the RTI Act.
We may give any notice or other type of communication to you:
- by electronic mail to the most recent email address that you have notified to us;
- by making the notice available for access on the PQH Pages; or
- by ordinary prepaid mail to your last notified address given to us.
Any notice given by us is deemed given:
- at the time when an electronic mail is sent by us;
- on making the notice available for access on the PQH Pages for display to you; and
- two (2) business days (i.e. any day that is not a Saturday or Sunday or a public holiday in Brisbane) after we post the notification to you.
General
You acknowledge that all information contained in the PQH Pages is subject to change without notice.
You will comply with all laws that apply to you in relation to your use of the PQH Pages.
You acknowledge that these Terms and Conditions are governed by, and are to be construed in accordance with, the laws of the State of Queensland. You submit to the non-exclusive jurisdiction of the State of Queensland.
If any provision of these Terms and Conditions are held to be invalid or unenforceable that provision:-
- may be read down to the extent necessary to make it valid and enforceable; or
- may be severed and the remaining provisions of the Terms and Conditions enforced.
The headings in these Terms and Conditions are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any provision of these terms and conditions.
These Terms and Conditions comprise the entire understanding and agreement between you and us with respect to its subject matter.