The application (Platform) which powers the GEM website (Site) is owned and operated by Workstar and provided solely for the purposes of allowing NSW Health to provide training and other services.

If you do not agree to these Terms you must not use, or continue to use, the Site. Amendments to the Terms are effective when they are posted on the Site.

Workstar does not own, operate or control any content or applications included on the Site or on any linked websites and accepts no responsibility for these.

Your Responsibilities

You must:

• use the Site in a manner that does not interfere with or harm other users of the Site, other users of the internet, the Platform or the hosting infrastructure for the Site;
• use a commercially available anti-virus service on the device that connects to the Site to prevent any damage that could be caused if a virus or other harmful code is introduced by any means and attacks your device or your applications;

You must not:

• copy, adapt, modify, translate, publish, communicate to the public, or create any adaptation, translation or derivative of the Platform;
• reverse engineer, reverse compile, de-compile or disassemble the object code of any part of the Platform or otherwise attempt to derive the source code of the Platform, except to the extent permitted by law;
• otherwise infringe, violate or misappropriate Workstar’s or a third person’s intellectual property rights including copyright, moral rights, trade mark, design, patent or other proprietary rights, or any rights of registration of such rights in Australia or other countries;
• disclose information that is confidential to another person without consent;
• place excessive demands on the network bandwidth or hosting environment which are inconsistent with reasonably accepted normal use of the Site;
• engage in any act which, in Workstar’s unfettered opinion is hacking or facilitates hacking (including the illegal or unauthorised access to any computer, application including the Platform, the hosting infrastructure, network or system through the internet);
• engage in any act which, in Workstar’s unfettered opinion is unlawful and/or contravenes the Terms.

Workstar reserves the right to, without notice:

• remove posts, blogs or other content from the Site;
• terminate your account;
• prevent access to you or any user or group of users;
• intercept, remove or alter any content stored in the Site or the Platform;
• take any action that it is instructed to take by NSW Health or any other applicable organisation.

Access

If you want to access the personal information that Workstar holds about you contact Workstar on 02 8302 6300.

Disclaimers and Liability

The Platform, and therefore the Site, may not be available on an uninterrupted or error free basis. It is provided “as is”.

Workstar and NSW Health are not liable for any liability, costs, expenses, loss or damage, however caused (including through negligence), which you, or any person, may directly or indirectly suffer, incur or become liable for in connection with or arising from:

(a) use of the Site;
(b) use of or reliance on any content contained on or accessed through the Site;
(c) the unavailability of the Site, the Platform or any content;
(d) any defect in the Platform;
(e) any virus or other harmful code;
(f) any lost data; or
(g) Workstar taking any action in accordance with these Terms.

To the extent permitted by law, any term, condition or warranty which would otherwise be implied into these Terms is excluded.

If a statutory guarantee (including an express warranty which cannot be excluded) is given by Workstar or NSW Health in relation to any goods or services, or if Workstar or NSW Health are in any way liable to you notwithstanding the above exclusions of liability then to the extent permitted by law, Workstar’s or NSW Health’s liability is limited to one or more of the following (at its option):

(a) if the liability relates to goods:

1. the replacement of the goods or the supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; and

(b) if the liability relates to services:

1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

Further terms may be accessed at:
http://www.health.nsw.gov.au/pages/disclaimer.aspx
http://www.health.nsw.gov.au/pages/copyright.aspx

Exception to disclaimer The above disclaimers are not intended to exclude, modify or restrict rights or liabilities arising under statute if, and to the extent, such rights or liabilities cannot be lawfully excluded, modified or restricted.

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force and effect.