Terms of use

Please read the Terms of Use (Terms) below carefully before using the ADAPT Portal as use of the ADAPT Portal is acceptance of these Terms.  Do not use the ADAPT Portal if you do not agree with these Terms.

 

About the ADAPT Portal

The ADAPT Portal (Portal) is owned and operated by the University of Sydney (ABN 15 211 513 464) through its Psycho-Oncology Co-operative Research Group (PoCoG).  Development of the Portal has been undertaken with funding provided by the Cancer Institute of New South Wales. 

 

The Portal is a web-based system to assist with the screening, identification, referral and follow-up of cancer patients with anxiety/depression.  Purpose-built, the system assists health professionals to identify, manage and provide information to cancer patients with varying levels of anxiety and/or depression in accordance with the Australian Clinical Pathway for the Identification and Management of Anxiety and Depression in Adult Cancer Patients.

 

The Portal contains resources on anxiety and depression both for patients and health professionals through information, data, documents, procedures, guidelines and general health promotion material prepared by and on behalf of PoCoG. We wish to make the information available to health professionals and patients in New South Wales to convey evidence-based care practices in the identification and management of anxiety and depression in cancer patients.

 

Acceptance of Terms

Your use of the Portal (whether by browsing or downloading Material) is your binding acceptance of these Terms. We may amend these Terms from time to time and You will be deemed to have accepted any amendments once those amendments have been published on the Portal.   If the new Terms substantially affect Your use of the Portal, You may terminate your use of the Portal via email to pocog.adapt@sydney.edu.au but such termination shall not entitle You to any refunds of any payments that may have been made for use of the Portal.

 

Information and Content

Information and Material made available on and through the Portal is for general information purposes only and is not intended as a substitute for professional advice.  Information on the Portal is generic, and not necessarily relevant to Your particular situation. Clinicians should rely on their own professional skill, care and inquiries in the context of the clinical circumstances for each patient. Patients must always seek personal medical advice and not delay seeking medical advice because of information on the Portal.  Patients should not use information or Material on the Portal to diagnose or treat anxiety/depression or any other medical condition and should not ignore medical advice from a qualified health professional.

 

No warranty

We do not warrant that the Material contained in the Portal is accurate, current or complete. To the maximum extent permitted by law, we provide the Material on the Portal on an as is basis, without warranties of any kind, either express or implied.  In particular, We do not warrant that the Material is fit for any particular purpose. Where any legislation implies any term, representation or warranty and that legislation prohibits exclusion of that term, then that term is included in these terms but to the extent permitted by that legislation, Our liability for any breach of that term is limited to supplying the Material or products or services again. 

 

Opinions not those of the University

The Material on the Portal may include views and opinions of third parties which are personal to the individuals providing such opinions and do not necessarily reflect Our views.

 

No warranty re downloads and links

Links and frames connecting the Portal with other websites are for convenience only and do not necessarily mean that We are associated with, endorse, recommend or approve those other websites, their content, their operators or any associated organisation, product or service. We do not warrant the accuracy of any hypertext links provided on the Portal, nor the suitability or accuracy of any content accessible via those links. Use or reliance on the content of those websites is at Your own risk.

 

We do not represent or warrant that any files displayed or available for downloading through the Portal, or through any Third Party Website, are free from viruses or other defects. You assume all responsibility for any loss or damage resulting directly or indirectly from access to or use of those files. Neither We nor our content providers shall be liable for any direct, indirect, or consequential losses arising from the use of the Portal or an inability to use the Portal.

 

Copyright

Materials on this Portal are subject to copyright under Australian law, through international treaties and applicable law in other countries. You acknowledge that the Portal contains text, images, audio and video, information, graphics, software, links to other websites and other material (Material) that are our intellectual property or the intellectual property of third parties and are protected by proprietary rights, including but not limited to copyright and trademark law. You agree to comply with any additional copyright notices or conditions contained in any Material available on or accessed through the Portal.

 

You must not copy, republish, sell, redistribute or otherwise exploit the contents of the Portal without the prior written consent of the University of Sydney. The University of Sydney holds copyright in the Material (apart from third party content We use with permission), structure, formatting, layout and presentation of the Portal.

 

Permitted use

If You are a health professional, You agree to use the Material for research and education and only in treatment of Your patients. If You are a patient or a carer or a member of the public seeking guidance, You agree to use the Material for Your own personal, non-commercial use. Unless otherwise stated, We grant You a non-exclusive license to download and view the Material electronically via the internet or print one copy of an article for Yourself or on behalf of another person, provided that You include any copyright notices which are contained in such Material.

 

In using the Portal, You agree not to:

  • use the Portal other than in accordance with these Terms;
  • hinder the operation of the Portal;
  • breach the any laws or infringe the Intellectual Property Rights of a third party;
  • upload, post, transmit, share, store or otherwise make available any content that
    • is obscene, indecent, or pornographic; or
    • that threatens, is defamatory, abusive, harassing, discriminatory or which deters any person from using the Portal,
    • is fraudulent, or
    • breaches any law;
  • decipher, decompile, disassemble, or reverse engineer any of the software on the Portal;
  • use any robot, spider, or similar mechanism to retrieve or index any portion of the Portal;
  • modify, adapt or translate any portion of the Portal;
  • knowingly transmit any viruses, worms, defects, trojan horses or similar malicious code to the Portal;
  • use the Portal in the course of engaging in illegal conduct or violate the security of any computer or other network;
  • use another person’s details without their permission or impersonate another person when using the Portal;
  • share Your password;
  • create accounts by automated means or under false pretences;
  • remove any copyright, trade mark or other proprietary rights notices contained in or on the Portal;
  • breach the Intellectual Property Rights of a third party.

We accept no liability for any loss or damage that You may suffer as a consequence of any such information being posted. You agree to indemnify Us in respect of any loss or damage that We may incur as a result of Your breach of these conditions.

 

Compliance with Third Party Website Terms

If you download material from a Third Party Website linked to the Portal, You agree to comply with the terms and conditions published on those Third Party Websites and You hereby indemnify Us in respect of all losses, costs and damages We may suffer arising from or in connection with any non-compliance by You.

 

Privacy and Security

Personal information you enter into the Portal is governed by the ADAPT Portal Privacy Statement.  Use of the Portal implies your acceptance of the terms of the ADAPT Portal Privacy Statement.

 

As a user of the Portal, you are responsible for ensuring your username, password and other sensitive information remains confidential to ensure no unauthorised access to your account.  Your account should not be accessed by anyone other than you as all activity within the Portal under your account is your sole responsibility.  In the event, of unauthorised use of your account you must inform us immediately by email to pocog.adapt@sydney.edu.au.  You also agree not to intentionally distribute viruses or any other technologies that may damage the Portal or the interests or property of the portal’s users.

 

Should your account be disabled you agree not to create another account and will not provide any false information. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your account, or otherwise.

 

Collection of personal and other information

We may collect personal information and other data about You from Your computer as you browse or otherwise interact with the Portal. The various mechanisms used include server logs, proxy logs, and cookies. A cookie is a package of data which a website requests be stored temporarily on Your computer (or in memory) to identify You as a visitor to the Portal. You can choose to disallow cookies by changing settings on your web browser. However, if You reject all cookies you may not be able to use some of the features on the Portal.

 

The information collected by these various mechanisms includes:

  • the IP (Internet Protocol) address of the machine which has accessed the Portal;
  • the dates and times of each interaction on the Portal;
  • the pages accessed and documents downloaded;
  • sometimes, the previous site visited and the type of browser used.

Cookies may also store the following information: session (numbered key) and duration. A numbered key is a unique server-generated number used to identify the current session. The session key can be linked back to your unique identifier.

 

If You use Your username and password or email to access certain features on the Portal, Your unique identifier may be collected to verify Your identity. Unique identifiers are also used to store information about your preferences, to enable the dynamic display of the Portal according to Your preferences when You return.

 

We use the data collected for statistical and business purposes such as diagnosing a fault and improving our services. Information which is automatically collected may be published as aggregated (de-identified) information to assist with improving the services offered by Us through the Portal.

 

We may use and disclose your Personal Information as follows:

  • Provide customer support and to support and improve the Portal.
  • To communicate with you about your account with us for informational purposes.  
  • Enforce compliance with the Terms and applicable law.
  • Protect Our rights as well as those of third parties.
  • Meet legal requirements such as complying with a court order and to prosecute and defend a court, arbitration, or similar proceeding.

Storage and security of information

Information automatically collected by us through the Portal is held primarily by Us but we also use third party service providers to store information in their systems. We have in place security measures based on a risk assessment process to protect against the loss, misuse, and alteration of the information. We also encrypt some information.

 

Where you can access the Portal only by using the secure login issued to You, the information about You which is held, or you add or amend, on the Portal, is protected by restricting access through that login. You must ensure that your password is not disclosed or made available to others.

 

Our technical staff are able to access the logs created by servers for the purposes of collecting statistics, dealing with faults and improving the services offered by the Portal.

 

Use and disclosure

Information collected by Us through automated mechanisms will only be used for the purpose for which it was collected in accordance with these Terms. We may provide your personal information to businesses both in Australia and overseas that assist us to manage the Portal and your use of the Portal (Service Providers). Use by Service Providers of your personal information is limited to purposes which enable Your use of the Portal. Your personal information may be used by those Service Providers in Australia and overseas to enable or improve the provision of services to Us. You hereby consent to such use of your personal information.

 

We will not disclose information concerning You other than to our Service Providers, except with your consent, or where required or authorised by law.  Personal information collected through the Portal and which is no longer required by Us, nor required by law to be retained, will be destroyed in accordance with applicable laws.

 

Access to and correction of personal information

You have a right to request access to, and correction of, Your personal information held by the University. Full details are set out in the University's Privacy Management Plan. The University’s privacy website includes forms to seek access and correct personal information. If you require more information about privacy in the University, please contact the University’s Privacy Officer. If you wish to make a complaint about the way the University has handled Your personal information, please contact the University’s Privacy Officer. You are able to make a formal complaint under the Privacy Legislation.

 

Liability

To the maximum extent permitted by law, You assume full responsibility for any loss that results from Your use of the Portal and any printing or downloads from the Portal. We are not liable for any loss, claim, expense or injury or any damages, whether direct or indirect special or consequential (including loss of profits) under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages.

 

Indemnity

You agree to indemnify and hold us harmless from and against any and all claims, liability, losses, costs and expenses (including solicitor’s fees on a solicitor own client basis) incurred by Us [or any third parties claiming through us] in connection with any use or alleged use of the Portal by You or through the use of your password by any person, whether or not you authorised the use by that person.

 

Communications from the ADAPT Portal

The Portal distributes specific communications such as technical service announcements, administrative messages, screening questions, referral and treatment outcome documentation via Portal notifications, email, SMS or post to registered users.  We assume all communications sent to Your registered contact information (email, address, mobile number, phone number) recorded in the Portal have been received.  Communications containing personal health information will only be disclosed to the health care team directly involved with Your care and information in accordance with Australian privacy standards (Privacy Act 1988 (Cth)).

 

Account Suspension

In the event of any suspicion that the safety and integrity of Your account has been compromised by a third party, extended periods of inactivity, requests by law enforcement or other government agencies or if You have violated these Terms , Your account may be suspended by Us without notice.  Prior to suspension of your account a notification will be sent to Your registered email and You will have 30 days in which to raise any objections via email to pocog.adapt@sydney.edu.au to such suspension and/or request reinstatement.  You may request your account be suspended at any time which will cease access to and communications from the Portal.

 

Definitions

The words in these Terms have have the defined meaning below:

 

We Us and Our means The University of Sydney

 

You and Your means the persons using the Portal.

 

Intellectual Property Rights means all registered and unregistered rights in relation to present and future copyright, trademarks, designs, know-how, patents, confidential information and all other intellectual property as defined in article 2 of the Convention establishing the World Intellectual Property Organisation 1967.

 

Third Party Website means a website which is not under the control of The University of Sydney but which links to the Portal.

 

Feedback

The University of Sydney is committed to keeping the Portal working properly and the community safe. Please report problems, offensive content and policy breaches via the ADAPT Portal contact page located within the site.

 

If you have any questions or concerns regarding this agreement, please contact us at pocog.adapt@sydney.edu.au.

 

 

Last Updated: 17 January 2017