SmartHealth terms of use

Agreement

1. This document sets out SmartHealth’s terms of use. Please read and understand these terms. If you choose to register with and use SmartHealth, these terms of use will form an agreement between you and us for the use of the SmartHealth service. We may amend these terms at any time.
2. In this document:

• “HealthTap” means HealthTap, Inc;
• “includes” means including without limitation to the generality of the surrounding words;
• “we”, “us” or “our” refers to Waikato DHB;
• “Professional Users” means those registered doctors, registered nurses or other clinicians who are approved and registered by us to use SmartHealth as a health provider;
• “Patient Users” means those individuals who have registered with SmartHealth to receive the benefits of SmartHealth in their personal capacity as health consumers;
• a reference to an enactment is a reference to that enactment as amended, or to any enactment that has been substituted for that enactment.

Privacy

1. The SmartHealth Privacy Statement applies to your personal information. By registering with the SmartHealth service, you will be taken to have read and agreed to the terms of that privacy statement. Please ensure you have read and are comfortable with it before signing up to SmartHealth.

Security

1. You agree to protect your SmartHealth username and password.
2. You agree that you will notify the SmartHealth Help Desk (phone 0800 222 551 or email smarthealth@spark.co.nz) immediately if you know or have reason to believe that there has been or is about to be fraudulent or other unlawful use of any of your SmartHealth login information.
3. You must immediately change your password and notify the SmartHealth Help Desk if:

• you believe that the security of your password you created has been compromised; or
• you become aware of any unauthorised use of your SmartHealth account.

• not use an email address that is shared with other people (as it is this email address that will be your username and a temporary password or other information will be sent to this email address when you request support);
• choose a password that is a secret known only to you which cannot be easily guessed by anyone else;
• not disclose your password to anyone, including our services personnel (please note that SmartHealth personnel will never ask you for your password);
• keep your password safe from being discovered by others if you write your password down or store it electronically (unencrypted files on a computer or notes on your monitor are not safe options);
• not allow anyone to see your password; and
• keep your SmartHealth contact details up-to-date, including your email address.

Protective action

1. For the protection of users, other people or the SmartHealth service, we may suspend or disable your account with or without notice to you if we consider that:

• suspending or disabling your account is necessary to maintain the integrity or security of the SmartHealth service or other service provider's service or any person;
• the login is being misused or has otherwise been compromised; or
• you breach these terms of use.

Do not use SmartHealth in an emergency

1. Do not use SmartHealth to treat serious or acute medical problems or in an emergency. In an emergency you should ring 111 and ask for an ambulance.

SmartHealth not a substitute for seeking professional medical advice

1. SmartHealth contains articles, medical information and comments and opinions from medical experts (“Information”). The Information is informative only and is not intended to be a substitute for medical advice, diagnosis, treatment, or care from your doctor or other health professional. Any Information inputted into SmartHealth by Professional Users or by users will become part of the knowledge repository of Information on SmartHealth. HealthTap will retain an unrestricted right, without limitation, to use, reproduce, extract data from or add data to, publish and post any such Information.
2. If you are a Patient User, you should seek the advice of your GP, or your other qualified healthcare provider whenever you have a personal question about a medical condition or system.
3. You should never disregard professional medical advice or delay seeking medical advice or treatment because of something you read or learned on SmartHealth. You should not use the Information to diagnose or treat a medical condition.

Accuracy of information

1. All opinions and statements expressed by SmartHealth medical experts or any third parties on or through SmartHealth are solely the individual and independent opinions and statements of such individuals and do not necessarily reflect our opinions.
2. While every attempt has been made to ensure the accuracy and validity of the Information, we do not accept responsibility for events arising from the use of the Information.  

Patient user etiquette

1. If you are a Patient User consulting with health professionals on SmartHealth, you agree to engage with the health professional in a respectful and appropriate manner. You agree to refrain from using inappropriate language and/or behaviour.
2. If you are a Patient User using virtual consults, you agree to be appropriately dressed and to only show personal or private body parts when it is of medical relevance to do so.

Prohibited use

1. SmartHealth is for personal use only and cannot be used by Patient Users for any commercial gain.
2. You must not knowingly access or use or attempt to access or use any SmartHealth service for an unlawful purpose, including but not limited to:

• fraud or attempted fraud or hacking or attempted hacking;
• breaching any intellectual property rights;
• breaching any person’s privacy.

• incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, discrimination or gratuitous violence;
• misrepresents the source of anything posted, including impersonation of another individual or entity;
• provides or create links to external sites that violate these terms of use;
• is intended to harm or exploit minors (anyone under 18 years old) in any way;
• is designed to solicit, or collect personally identifiable information of any minor including, but not limited to: name, email address, home address, phone number, or the name of their school;
• invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
• intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites, or servers, including but not limited to spamming.

Professional users

1. If you are a Professional User:

• You must ensure that you comply with your professional legal and ethical obligations at all times while using SmartHealth, including the Privacy Act 1993, the Health Practitioners Competence Assurance Act 2003 and the Code of Health and Disability Services Consumers' Rights 1996.
• You must register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your public profile.
• If you are not an employee or contractor of Waikato DHB, you must make clear, through your profile settings and other communications on SmartHealth, that you are not an employee, contractor or any other representative of Waikato DHB.
• You must immediately notify the SmartHealth Help Desk if your employer or other professional circumstances changes, including if you change roles within your organisation.
• You must not use SmartHealth (including uploading content) if you are not professionally registered and hold a current practising certificate relevant for your professional capacity. If your registration or certificate becomes suspended or revoked you must immediately notify the SmartHealth Help Desk and immediately desist from using SmartHealth. 
• You must ensure that any conflict or potential conflict of interest does not affect or appear to affect your contributions of any content on SmartHealth.

Mobile devices

1. If you use SmartHealth on your mobile device, standard messaging, data and other fees may be charged by your mobile provider.
2. SmartHealth may request permission for the collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device, however this will limit your ability to use certain features of the SmartHealth service. If you permit the apps to access location services, we may also collect your device location when the app is running in the foreground or background. Disabling the SmartHealth app’s collection of precise location from your device will not limit SmartHealth’s ability to derive approximate location from your IP address. SmartHealth may use location information to help provide you with more relevant, personalised services. You may also change your location in the app settings.

 Contact

1. When you register with SmartHealth, you agree that we may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, phone, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account Settings. You can opt out of communications and control your communications preferences through your Account Settings.

 No warranty

1. We give no warranty about SmartHealth. SmartHealth is provided on an “as-is” basis. Without limiting these statements, we do not warrant that SmartHealth will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title, accuracy, timeliness and non-infringement. We do not warrant that functions available on SmartHealth will be uninterrupted or error free, that defects will be corrected, or that SmartHealth is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Protection of software

1. SmartHealth uses software owned by or licensed to us. You agree to:

• refrain from tampering with, reverse engineering, hindering the operation of, or making unauthorised modifications to the SmartHealth software;
• refrain from introducing any virus to or from the SmartHealth software;
• refrain from attempting to gain unauthorised access to data or information on the SmartHealth software;
• refrain from using the SmartHealth software in any way that infringes the intellectual property rights of any person or entity.

Liability

1. The liability of SmartHealth and HealthTap to you under these terms of use is excluded to the fullest extent permitted by law. This exclusion includes, without limitation, any liability for any loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, or any indirect, consequential, special or exemplary damages arising from the use of SmartHeath regardless of the form of action. To the extent that SmartHealth and HealthTap’s liability cannot be excluded, the maximum amount that SmartHealth or HealthTap will have to each pay will be $100 for any event or series of related events.

Indemnity

1. You agree to release, indemnify and keep indemnified SmartHealth and HealthTap from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us from any person arising out of or in connection with your failure to comply with these terms of use or your use of SmartHealth.

Disputes

1. If you have a dispute with us in connection with these terms of use or any SmartHealth service you must first contact the SmartHealth Help Desk. Both you and the SmartHealth Help Desk will use all reasonable efforts in good faith to resolve the dispute. If you and the SmartHealth Help Desk are unable to resolve the dispute to your satisfaction, you may ask SmartHealth Help Desk to escalate the dispute to our appropriate representative.
2. We will then promptly contact you and will endeavour to resolve the dispute with you in good faith.
3. If you have a dispute with HealthTap in relation to your use of SmartHealth, you must notify HealthTap of that dispute in writing. On receipt of such notification, you and HealthTap will work together in good faith to resolve that dispute. If you and HealthTap cannot resolve the dispute by negotiation within 15 working days of a dispute being notified under this clause, the matter will be submitted to mediation in Hamilton. The mediation will be conducted in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Incorporated (AMINZ). If the Parties cannot resolve the dispute within 20 working days after the commencement of mediation, then the dispute will, at either your or HealthTap’s election, be determined by a single arbitrator in accordance with the AMINZ Arbitration Protocol under the Arbitration Act 1996. The decision of the arbitrator will be final and binding.
4. Nothing in these terms of use prevents either Party, at any time, from seeking urgent interlocutory relief from a court of competent jurisdiction in relation to any matter that arises under these terms of use.   

Invalidity or unenforceability

1. If any of these terms of use or their application to any person or circumstances is, to any extent, held to be invalid or unenforceable:

• the remainder of these terms of use or the application of such terms of use to any other person or circumstances shall not be affected;
• each term shall be valid and enforceable to the extent permitted by law; and
• the invalid or unenforceable term will be deemed to be amended to reflect, as nearly as possible, the original intention (as determined from this website).

Minors' Contracts Act 1969

1. If, under the Minors' Contracts Act 1969, any of these terms of use is held not to be fair and reasonable, then that term or condition will be deemed to be amended in relation to the relevant user to reflect the original intention (as determined from this website) as nearly as possible, but so as to be fair and reasonable and, in any case, in accordance with applicable law.

Privity

1. You acknowledge that HealthTap has the benefit of promises made under clauses 30 (liability), 31 (indemnity) and 34 (disputes) and may enforce the promises made in these clauses directly against you under the Contracts (Privity) Act 1982. Except as provided in this clause, nothing in these terms of use confers or will be construed as conferring any benefit on any person who is not party to these terms of use, or creates an obligation enforceable by a person who is not a party to these terms whether under the Contracts (Privity) Act 1982 or otherwise.

New Zealand Law

1. These terms shall be governed by and interpreted in accordance with the laws of New Zealand and the Courts of New Zealand shall have exclusive jurisdiction over any disputes.