Acceptable Use Policy
1. Summary
This Acceptable Use Policy (this “policy”, or “AUP”) establishes the acceptable use requirements for products and services of EMed HealthTech. EMed HealthTech may revise this policy from time to time at its sole discretion, and any revisions will be posted at www.emedhealthtech.com. Notice of any revision will be made in accordance with the agreement under which EMed HealthTech provides you with such products or services. By continuing to use the services or access your account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP.
2. Scope and Application
This policy applies to all users. Any person who accesses or uses the technology infrastructure made available by the EMed HealthTech, including any product or service, is a “user”.
A “user” includes any individual, person, estate, trust, firm, partnership or corporation, government or any agency or ministry of any government, and includes any successor to any of the foregoing.
Where the word “including” or “includes” are used it means including but not limited to or including without limitation.
The terms below are incorporated into, and form an integral part of, the EMed HealthTech Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.
3. Accountability
Each organisation that has entered into an agreement with EMed HealthTech to access and use the products, services or technology infrastructure made available is a “client” and is responsible for:
- Any access or use of such products, services or technology infrastructure made by any user that has obtained passwords, secure tokens, digital certificates and any other identifiers (“credentials”) to access or use such products, services or technology infrastructure from or through that client or at the direction of that client;
- Reviewing all active accounts and enrollments of its users with access to the products, services or technology infrastructure at least annually; and
- Maintaining (update/suspend/revoke/reinstate) its users’ access to the products, services or technology infrastructure in alignment with current circumstances, e.g. revoking access when it is no longer required or authorised for a user.
4. Acceptable Use
Users are permitted to use the products, services and technology infrastructure of EMed HealthTech solely for the purposes authorised in the applicable agreement under which EMed HealthTech provides the client with such products, services and technology infrastructure.
5. Inappropriate and Unacceptable Uses
Users must not use the products, services or technology infrastructure made available by EMed HealthTech in any manner that constitutes an inappropriate or unacceptable use, including:
- The creation, collection, transmission, storage or exchange of any material in violation of applicable laws;
- Defaming other persons (e.g. spreading false allegations or rumours about others);
- Accessing, using, collecting, destroying, encrypting, altering or disposing of information including unauthorised access to Personal Health Information (PHI) in violation of any applicable laws;
- Selling substandard or Counterfeit Medicines or other healthcare services
- Selling Schedule X and other government-banned drugs or medicines
- Making, possessing or distributing computer programs that are designed to assist in obtaining access to computer systems in violation of applicable laws;
- Promoting hatred against any identifiable group, religion or individual by communicating such statements in violation of applicable laws;
- Any activities against national interest of any countries in violation of applicable laws
- Harassing other persons electronically (e.g. making threats to a person’s safety or property);
- Possessing, viewing, downloading, transmitting or storing any pornography, or any involvement whatsoever with the traffic of such material;
- Using another user’s credentials to engage in any activity in violation of applicable laws;
- Violation or encouragement of violation of copyright, rights of privacy, rights of publicity, or other legal rights of any third party (e.g. breaching software licences);
- Wilfully bypassing or subverting any physical, logical or procedural safeguards used by EMed HealthTech or any other person, such as firewalls, web-filtering software or other access controls;
- Vandalism, which is defined as any malicious attempt to harm or destroy the information of another user, the Internet or other networks;
- Harassment, including persistent non-work related contact with another person when such a contact is unwelcome or may be deemed to create a poisoned work environment by accessing, displaying, storing, downloading or transmitting any content which is offensive;
- The sending of unwanted email or unsolicited commercial or advertising material to any other person;
- Deliberate unauthorised access to information, facilities or services accessible through the EMed HealthTech infrastructure;
- Unauthorised use, collection, disposal, destruction, encryption, alteration or disclosure of any personal information, personal health information, business trade secrets, or sensitive information;
- Sending anonymous messages or impersonating any other person;
- Selling, sharing or otherwise redistributing EMed HealthTech products or services without written authorization from EMed HealthTech;
- Any other activity that may expose EMed HealthTech to civil liability.
- Engaging in any activity that, in EMed HealthTech’s discretion, actually or potentially disrupts, interferes with, competes with, or is harmful to the Website or Services, EMed HealthTech’s business, reputation, goodwill, customers and/or customer relations, or the ability of EMed HealthTech’s customers to effectively use the Website or Services, is prohibited.
6. Security
- Each user must ensure that any credentials issued to that user are kept confidential and protected from unauthorised use or disclosure.
- Each user that has obtained credentials from or through a client must immediately notify that client’s help desk or system administrator if they suspect or know that any credentials have been, or may be, breached or compromised.
- Clients that suspect or know that any credentials have been or may be breached or compromised must immediately notify EMed HealthTech.
7. Violations of this Policy
- Users and clients must report all breaches of this policy of which they are aware to EMed HealthTech. Each user must do so through the help desk from which they receive technical support, and clients must contact EMed HealthTech directly.
- EMed HealthTech reserves the right to investigate suspected breaches of this policy, and all users and clients will cooperate when asked to assist in any such investigation.
- EMed HealthTech may, in its sole discretion, suspend or revoke a user’s access to the products, services, or technology infrastructure of EMed HealthTech, should such user engage in activities that violate the letter or spirit of this AUP, including activities outside of use of the Services.
- Clients will cooperate with EMed HealthTech in the management of breaches of this policy. This responsibility includes assisting with the development and distribution of communications regarding breaches or incidents.
- Breaches of this policy may result in criminal prosecution or civil liability.
- Although EMed HealthTech is not obligated to monitor content, and assumes no responsibility for any information or material that is transmitted by users of the products, services or technology infrastructure made available by EMed HealthTech, or the Internet, EMed HealthTech reserves the right, subject to all applicable laws relating to the protection of personal information and personal health information, to investigate content posted to or transmitted over its technology infrastructure, and may block access to, refuse to post, or remove any information or material that it deems to be in breach of this policy. The determination reached by EMed HealthTech whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at sole discretion of EMed HealthTech.
- EMed HealthTech may report breaches of this policy committed by any user to the client responsible for that user’s actions.
- EMed HealthTech assumes no liability for enforcing or not enforcing this policy, and any failure by clients or users to enforce any part of this policy will not constitute a waiver by EMed HealthTech to enforce any right or obligation in this policy at any time.
- If any provision of this policy is found to be invalid or unenforceable, then that provision will be enforced to the extent permissible, and all other provisions will remain in full force and effect.
