Workplace Terms of Use

RACGP Workplace Terms of Use

Created on 17/06/2019

Welcome to the Royal Australian College of General Practitioners Ltd (RACGP) employee collaboration tool, Workplace (Platform). RACGP Workplace is an online platform that aims to enable collaboration, information, knowledge exchange and idea sharing within the RACGP.

These Terms of Use govern the use of the services and facilities connected with Workplace. Please read them carefully before registering to use the Platform. By accessing the Platform the User agrees to the Workplace Premium Privacy, Acceptable Use, and Cookies policies. The User also agrees to comply with these Terms of Use. The User understands that the Workplace Administrator is responsible for managing User data, content and security on Workplace. If the User does not agree to these Terms of Use, the User must not use or access the Platform.

By agreeing to these Terms of Use, the User understands the Platform is hosted on the platform of the provider, Facebook, whose servers are based in the United States of America. The User acknowledges that any personal information the User discloses on the Platform may be sent offshore. The User acknowledges that the RACGP is responsible for, and owns all content posted on the Platform.

These Terms of Use may be varied by the RACGP at any time by giving notice to Users. The User must ensure that they have understood and agree to the most recent version of the Terms of Use as notified by the RACGP.

1. Definitions

In these Terms of Use:

1. User means any individual using the Platform.
2. User Content means any data, links, posts, information, text, photos, graphics, audio, video or any other material generated, inputted, posted and/or otherwise submitted a User to the Platform.
3. RACGP's Content means the Platform itself, its services and facilities, any data, documentation, material, information made available and downloadable to Users by the RACGP.
4. Intellectual Property Rights means all existing and future intellectual property rights throughout the world whether protected by statute or not, including rights in relation to any copyright, trademarks, designs, inventions (including patents), discoveries, algorithms or formulae, know-how, trade secrets, trade dress and get-up and domain names, semiconductor or circuit layout rights whether or not registrable, registered or patentable, including any right to apply for grant or registration of any such rights and all renewals and extensions of these rights.
5. Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth) and means information or an opinion, whether true or not, and whether recorded or not in a material form or not, about an individual, or an individual who is reasonably identifiable.

2. Access to the Platform

Access to the Platform is by invitation only. The RACGP is responsible for making all arrangements necessary for Users to access the Platform. Users must always use their own username/login code and password when accessing the Platform. User login details must remain confidential, and Users must never transfer login details to any other person or let any other person access the Platform through their User account.

The Platform will be accessible during and after normal business hours.

The RACGP may:

1. restrict access to some parts of the Platform from time to time.
2. withdraw or amend any of the services available on the Platform
3. suspend or disconnect a User’s access to all or part of the Platform for technical or maintenance purposes.

3. User Content

Users are solely responsible for their own User Content. The RACGP does not represent or guarantee the validity, accuracy, or reliability of User Content, nor does it necessarily endorse any opinions expressed, and release the RACGP of any such claim.

The RACGP may remove any User Content from the Platform if the User Content breaches these Terms of Use.

The RACGP may archive User Content for the purpose of:

1. ensuring that the information is recoverable if the Platform fails or there is a loss of data; and
2. monitoring compliance with section 5 of these Terms of Use.

The RACGP may disclose User’s Content to third parties engaged by the RACGP in relation to its business, such as service providers/suppliers engaged to provide archival services in connection with the Platform.

4. Intellectual Property Rights

The RACGP owns or licences all relevant rights associated with the Platform and RACGP Content. Users must not:

1. make any alterations, amendments, changes or edits to RACGP Content part;
2. use or reproduce any materials which are identical with or deceptively similar to RACGP Content;
3. use RACGP Content outside of the Platform;
4. use RACGP Content in any manner that may damage the RACGP’s reputation.

Nothing in these Terms of Use grants Users a licence or right to use any RACGP Intellectual Property Right without the RACGP's prior written consent.

Users grant a non-exclusive, irrevocable, perpetual and royalty free licence to the RACGP:

1. to host and publish their User's Content, and
2. to use their Intellectual Property Rights in connection with User's Content for any purpose.

5. Acceptable use

You must only use the Platform for lawful purposes. You must only use the Platform for civil, constructive and respectful discussion, directly relevant with the vision and objectives of the Platform and the RACGP, namely promoting collaboration between RACGP employees.

You must not use the Platform for any of the following purposes:

1. Transmission, distribution, retrieval or storage of User Content in violation of any applicable law or regulation. This prohibition includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email (UBE) or any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
3. Solicitation of another User from, or to collect replies to messages sent from, another internet service provider where those messages violate these Terms of Use or terms of service of any such provider.
4. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited.

Users must not use the Platform to violate system or network security. Users must not engage in the following activities:

1. Gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information.
2. Activities or behaviour that may interfere with the ability of others to access or use the Platform, services or the internet or that is likely to result in retaliation against the Platform, the RACGP, its subcontractors and their employees, including anything that results in any server being the target of a denial of service attack.
3. Monitoring any data, information or communications on any network or system not owned by the User without authorization.
4. Gaining unauthorized access to the User accounts or passwords of other Users of any system or network.
5. Attempting to intercept, redirect or otherwise interfere with communications intended for others.
6. Intentionally transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or "spyware" programs.
7. Uploading and storing any personal or patient information, health information or other sensitive information as protected under the Privacy Act or any health record obligations.
8. Uploading driver license numbers, passport numbers, social security, tax ID or similar numbers, bank, checking, credit card, debit card, financial, or other personal account numbers, and financial or health information.
9. Unauthorized attempts to gain access to an account or computer not belonging to the User, or purposely altering or forging the User’s identity to gain such access. Sending any message or transmitting any electronic communication using a name or address other than your own for purposes of deception is prohibited. Impersonating someone else by altering the User’s source IP address or by using forged headers or other identity information is prohibited. Fraudulently concealing, forging or otherwise falsifying the User’s identity in connection with any use of the Solution or Services.
10. Load testing, probing, scanning, penetration or vulnerability testing of the Services or environment, including without limitation the Hosting Services, to test scalability.
11. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).

Users must not, without consent, post or provide individuals' Personal Information to the Platform (including name, contacts details, email address, Facebook or other online social network name, phone number, place of work etc).

Users may access Personal Information of others in the course of using the Platform. It is critically important this Personal Information remains in the strictest confidence. An infringement of an individual's privacy may incur significant statutory penalties on RACGP's behalf.

Users must handle all such Personal Information in accordance with all privacy principles and guidelines governing the handling of that Personal Information. This includes all applicable provisions under the:

1. RACGP's Privacy Statement;
2. Privacy Act 1988 (Cth);
3. Health Records Act 2001 (Vic), and its equivalent in each State or Territory (as relevant).

6. Moderation Process for User content

The RACGP may monitor, moderate or exercise editorial control over User Content and reserves the right but not the obligation to assess or examine User Content after it is submitted or after it is posted on the Platform.

Users are encouraged to report any breaches of these Terms to the RACGP directly via the Platform by clicking the down arrow in the top right corner of a post, then "Report post". The RAGCP will do its best to assess User risks and User Content on the Platform and will decide in each case whether it is appropriate to moderate the relevant service in light of those risks.

The RACGP expressly excludes liability for any loss or damage arising from Users' use of the Platform in breach of these Terms of Use, whether or not the Platform is moderated.

7. Cookies

Cookies are pieces of information that a website transfers to a User’s computer's hard disk for record-keeping purposes, website usage statistics or to provide enhanced functionality on the site. Our cookies may do some or all of these depending on the particular functionality. Generally, the information obtained by cookies is de- identified and does not constitute personal information, but may include the User’s computer's IP address. We may use this information for additional functionality or to analyse usage patterns.

Users are ultimately in control of their browser's dealings with cookies. Most browsers are by default set to accept cookies, but have the capacity to block or delete them. However, if a User does not wish to receive any cookies they should set their browser to refuse cookies. In some instances this may mean the User will not be able to take full advantage of parts of the RACGP's website. By using the Platform, the User accepts the use and installation of these cookies.

8. Disclaimers

The RACGP:

1. does not warrant or guarantee the quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of any User Content on the Platform
2. provides the Platform on an 'as is' basis
3. does not guarantee the Community is error free, free from viruses, that defects will be corrected or that access will function as intended or be uninterrupted, or
4. is not obliged to update the Platform or correct any inaccuracy which may become known.

The RACGP excludes, to the maximum extent permitted by law, all warranties (whether express, implied, statutory or otherwise, and specifically any implied warranties or conditions of merchantability, fitness for purpose, title and non-infringement) in relation to the Platform or any User Content referring to external sites accessed via or posted on the Platform.

The RACGP's liability in respect of any non-excludable warranty or condition is limited at the RACGP's option and to the maximum extent legally permitted, to the resupply of any services (including providing information), or the cost of having a third party provide the same.

The RACGP is not liable to Users to the maximum extent permitted by law for any expenses, losses, costs (including but not limited to legal costs), damages or liabilities (whether direct, indirect or consequential) connected with the Platform or User access to any part of the Platform, whether in contract, tort (including negligence), statute or otherwise.

9. Indemnity

Users indemnify, defend and hold harmless the RACGP from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings arising, resulting from or in connection with any violation by the User of these Terms of Use.

10. Confidentiality

Confidential information includes all information that is by its nature confidential or is designated confidential by the RACGP, or which the User knows or ought to know is confidential. It includes all RACGP's Content, but not that already in the public domain. However, User's Content will be deemed non-confidential and the RACGP has no obligation of any kind with respect to it.

The RACGP places great importance on the protection of its confidential information. You will be given access to confidential information in the course of the User’s activities on the Platform. Given the nature of this material, it is critically important it remains in the strictest confidence.

You must not copy or reproduce any confidential information other than as necessary for Platform purposes. A breach of any the User’s confidentiality obligations may irreversibly harm the RACGP, Users, RACGP members or any mentioned individual.

11. Privacy

In accessing and registering to this Platform, the RACGP may collect or have access to User Personal Information and the User consents to this collection, and to its subsequent use in connection with these Terms of Use or any of the activities envisaged by it, as are reasonably necessary. The User acknowledges the RACGP may disclose to our sub-contractors, engaged to act for the RACGP or on the RACGP's behalf, data pertaining to the User’s use of the Platform, provided that any such data collected will be anonymous without reference to a particular User.

The RACGP handles Personal Information in accordance with its Privacy statement, available at RACGP - Privacy statement.

The RACGP acknowledges that User’s accounts on the Platform are not connected to personal Facebook accounts in any way.

12. Suspension and termination

The RACGP may take action against a User it reasonably considers that the User:

1. has breached of these Terms of use, or
2. has used the Platform is such a way as the RACGP considers is reasonably likely to damage the RACGP's reputation.

Such action may include any of the following:

1. issuing a warning,
2. immediate, temporary or permanent withdrawal of the User’s Platform access rights,
3. immediate, temporary or permanent withdrawal of any the User’s Content,
4. commencing proceedings against the User; or
5. disclosing materials to law enforcement agencies if required to do so by law.

If the User ceases employment with the RACGP, the User will not be able to access the Platform and the User’s account will be deleted.

13. Miscellaneous

Any provision in these Terms of Use that is illegal or unenforceable may be severed to the extent of that illegality or unenforceability, and the remaining terms or parts of the terms continue in force. No right under these Terms is waived or deemed to be waived except by written notice signed by the party waiving the right. A party does not waive its rights by granting an extension or forbearance to the other party. A waiver by one party does not prejudice that party's rights in respect of any subsequent breach by the other party. These terms are governed by the law of the State of Victoria and each party submits to the exclusive jurisdiction of the courts of that State.

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