Terms of Use of Services for General Practitioners
Konnect Net Limited (company number 2116027) (KNL, we, us) provides KNL Services. These terms of use of services (Terms) apply when a Healthcare Provider (you, your) receives a request from a Requesting Third Party to carry out Healthcare Provider Services and/or a request for information and you choose to use the KNL Services to supply information to the Requesting Third Party. By using the KNL Services you agree to these Terms. You must immediately give us written notice if you become aware of a breach of these Terms.
1. Application
(a) Application: These Terms apply when you use the KNL Services. This includes when you (i) access the KNL Services via a Practice Management System or the KNL Portal; (ii) upload Supplied Information using a System; or (iii) email, post or courier to us Supplied Information.
(b) Conflict of terms: If there is a conflict between these Terms and the licence terms of the Practice Management System, these Terms will apply.
(c) Relationship: You hereby acknowledge and agree that: (i) you are not a subcontractor, agent or contractor of KNL; (ii) you are providing Healthcare Provider Services and/or Supplied Information to the Requesting Third Party in response to a Request; and (iii) KNL is providing the KNL Services to facilitate the provision of Requests from a Requesting Third Party to you, the supply of Supplied Information from you to a Requesting Third Party and the payment of fees to you.
2. Use of Services
(a) Right to use the KNL Services: During the term of this agreement, subject to your compliance with these Terms, we grant to you (and Users) a revokable, non-exclusive, non-transferable, limited right to access and use the KNL Services for your normal internal business operations in the provision of healthcare services and ancillary services (at the date of these Terms) in accordance with these Terms.
(b) Users may access: Subject to the terms hereof, you may allow Users to access and use the KNL Services. You undertake and acknowledge that you are at all times responsible for each User’s compliance with these Terms and any act or omission of a User. You must ensure all Users are aware of and comply with these Terms. You shall maintain an up to date list of current Users and provide such list to KNL within 3 Business Days of KNL’s request for that list.
(c) Acceptable Use: You (and you shall procure that Users) must undertake to only use the KNL Services to receive and/or respond to a Request (as applicable) and in accordance with all applicable laws. You may use and save the SureMed Forms but only as necessary to carry out the Healthcare Provider Service (where applicable), complete or otherwise provide Supplied Information and for internal use only. You acknowledge and agree that KNL and/or its licensors own all intellectual property rights in the SureMed Forms (and Content). Except as expressly stated herein, these Terms do not grant you (or any User or third party) any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the SureMed Forms. You acknowledge and agree that all copyright and other proprietary notices, symbols and clauses on the SureMed Forms must be affixed to any form, reproduced, copied or re-used, whether in printed form, magnetic or any other media.
(d) Suspension: We may immediately suspend (or terminate) your access, without notice, to the KNL Services where we reasonably believe or suspect that you (or your Users):
(i) are (or have been) in breach of these Terms;
(ii) are accessing or using the KNL Services in an unauthorised, inappropriate or unacceptable manner (or otherwise not in accordance with these Terms);
(iii) use of the KNL Services may undermine the security or integrity of the KNL Services or any System, or result in a Privacy Breach or breach of any applicable laws; or
(iv) use of the KNL Services is an infringement of our (or a third party’s) intellectual property rights.
(e) Support: We will provide a KNL Services support help desk between 8.30am and 5.30pm on Business Days (with the ability to log voice and email messages outside these hours) or such other support desk hours as may be notified to you from time to time. If we are required to instruct one of your third party providers to provide support to resolve an issue, you acknowledge and agree that you will be responsible for any charges incurred by the third party provider.
(f) Upgrades: We may upgrade or update or perform maintenance on or to the KNL Platform or the KNL Services at any time. You undertake and agree to install or otherwise utilise (as the case may be) all new upgrades and updates of the KNL Services.
3. Restrictions on use of the KNL Services
(a) General Restrictions: You undertake and agree that you (and shall procure that your Users) will not cause or permit others to (or attempt to): (i) modify, make derivative works of, disassemble, decompile or reverse engineer any part of the KNL Services; (ii) reproduce, republish, download, adapt, make error corrections or copy any part of the KNL Services (or part thereof) (except as expressly permitted in these Terms) or any (or any part of) System ; (iii) access or use the KNL Services to build or support products or services that compete with the KNL Services; (iv) license, sublicence, sell, transfer, assign, distribute, outsource, permit timesharing or service bureau use of, commercially exploit, or make available the KNL Services to any third party; (v) use the KNL Services in a manner likely to cause excessive load or otherwise interfere with the delivery of the KNL Services to other users; (vi) input into the KNL Services any content that may be offensive or material or data in breach of any applicable law (including credit card details and data or other material protected by intellectual property rights which you do not have the right to use); (vii) undermine the security or integrity of a System; (viii) gain unauthorised access to any materials other than those to which you have been given express permission to access; (ix) transmit or input into the KNL Services any files that may damage any System or data (including by introducing any malicious software or code); (x) collect any information or communication about any other users of the KNL Services including by monitoring or by intercepting any process or communication initiated by the Service.
(b) Warranties: You warrant to us that:
(i) your access to, or use of, the KNL Services will not introduce anything, including any virus, trojan horse or computer programming code, which would have the effect of disrupting, impairing, disabling or otherwise prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or otherwise affecting or shutting down the KNL Services or a System, or denying access to any other user of the KNL Services.
(ii) you shall ensure that no third party or person in your organisation or any third party appointed by or on your behalf shall service or attempt to remedy any defect or in any way interfere with the KNL Platform or the KNL Services.
(c) Integrations: You undertake not to conduct, facilitate, authorise or permit any text or data mining or software scraping in relation to the KNL Platform, the KNL Services or any services provided via, or in relation to, the KNL Platform. This includes using (or permitting, authorising or attempting the use of):
(i) any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the KNL Platform or any data, content, information or services accessed via the KNL Platform; and
(ii) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
4. Users and Security of Access to KNL Services
(a) User Login: You shall ensure that only Users properly authorised by you have access to the KNL Services. If we provide you with a username, password or other identifier to access the KNL Services (User Login) you (and you shall procure that Users) must keep this confidential and secure and only use it in accordance with these Terms. A User must not be under the age of 16.
(b) Unauthorised access: If you know or suspect any User Login information has or is likely to become used in any unauthorised way, you undertake to immediately: (i) change the password; (ii) notify us; and (iii) comply with KNL’s directions in respect of such unauthorised access/use. We may, in addition to other measures required by KNL remedy the unauthorised access, request you or a specific User (as the case may be) to change User Login details at any time and you (and Users) must promptly comply with any such request.
(c) Safeguard measures: You undertake to take appropriate measures to safeguard against improper access to the KNL Services, including (without limitation): (i) developing written policies and procedures to be followed by you and Users; (ii) notifying us in writing of any unauthorised access to or use of the KNL Services, and compromises in the security relating to any of those matters; (iii) providing information and training to Users to ensure compliance with the policies and controls; (iv) monitoring usage and regularly checking compliance with the policies and controls; (v) taking appropriate action in relation to identified breaches of policies and controls; (vi) securely configuring your network, operating systems and the software of your webservers, databases and computer systems; and (vii) any other safeguard and security measures as reasonably required by us. You will take reasonable precautions to ensure your system is protected from viruses by using anti-virus software and that any anti-virus software is updated, as specified, to ensure the latest protection technology is used.
(d) Personnel availability: You shall make available your personnel and provide information, facilities, services and equipment to us as and when necessary so that KNL can fulfil its obligations under these Terms at no cost to us.
5. Data Protection
(a) Compliance with Data Protection Laws: Both parties will process any Personal Information in the Supplied Information in accordance with applicable Data Protection Laws. Except as expressly set out in these Terms, KNL will only use the Supplied Information for the purposes of responding to the relevant Request and providing the KNL Services.
(b) Privacy Notice: You undertake and warrant that you shall ensure that your privacy notice informs the Relevant Individual of the purposes of collection and the uses and disclosure of Personal Information when using the KNL Services. You warrant and undertake to KNL that you have and will maintain all necessary licences, consents, and permissions necessary for the performance of KNL’s obligations under these Terms.
(c) Consent: Before you provide us with any Supplied Information or you access the KNL Services, you warrant and represent that the Relevant Individual has consented to all uses and disclosures of Personal Information that may occur as a result of your use of the KNL Services, including disclosure to the Requesting Third Party. You confirm and warrant that all consents shall be obtained in accordance with applicable Data Protection Laws. You must keep a record of all consents and when requested by us, promptly provide us with a copy of such consents. You agree that we may, if requested to do so, provide the consents to any relevant Requesting Third Party or any regulatory body.
(d) Accuracy of Supplied Information: Before you provide the Requested Third Party via the KNL Services with any Supplied Information you must take reasonable steps to ensure that the information is accurate, up to date, complete, relevant and not misleading. You agree and acknowledge that you shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all Supplied Information. KNL does not and shall not have any liability (whatsoever or howsoever so arising) for your failure to check or otherwise verify the legality, reliability, integrity, accuracy and quality of all Supplied Information. KNL shall have no liability for any damage caused by errors or omissions in any Supplied Information provided to KNL by you, a User (or any party on your behalf) in connection with the KNL Services, or any actions taken by KNL at your direction.
6. Use of Supplied Information
(a) Receipt of Supplied Information as agent: You hereby acknowledge and agree that KNL: (i) receives Supplied Information as agent of the Requesting Third Party for the sole purpose of providing the Supplied Information and KNL Services to the Requesting Third Party; and (ii) is authorised by you and will disclose Supplied Information to the Requesting Third Party; and (iii) to avoid doubt, KNL is not an agent of the Requesting Third Party for any other purposes (such as the administration of insurance applications or the management of claims).
(b) Right to receive and disclose the Supplied Information: You agree and acknowledge that you have sole responsibility for obtaining all authorisations, consents and rights required for us to receive the Supplied Information from you for the purpose of responding to the Request and to disclose the Supplied Information to the Requesting Third Party.
(c) Deletion: To the extent technically practicable, we will securely delete Supplied Information in accordance with the instructions of the Requesting Third Party or otherwise in accordance with our standard data retention policy (as updated and amended from time to time).
(d) Service Analysis: You agree and acknowledge that we may compile statistical and other information related to the performance, operation and use of the KNl Services, (including your use of the KNL Services) (Service Analysis) and use for security and operations management, statistical analysis and research and development. We may use Service Analysis for our business purposes and where any information is disclosed to third parties or made public, you will not be identified. We retain all intellectual property rights in the Service Analysis. KNL (and its affiliates) shall have the right to use anonymised, aggregated information processed by it on behalf of you and you hereby grant KNL (and its affiliates) the rights and/or licence to utilise such data to the extent that such usage shall not be in contravention of any applicable Data Protection Laws in effect at the time.
(e) Network connections: You shall be solely responsible for procuring, maintaining and securing all network connections and telecommunications links from your systems to the KNL Services, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
7. Fees and Invoicing
(a) Fees: In recognition of your time to respond to the Request and provide the Supplied Information, subject to a Request being confirmed by a Requesting Third Party as being completed, your compliance with these Terms and our receipt of the corresponding fees from the Requesting Third Party, we will pay you fees at the rate current at the time of the relevant Service. You agree that we may change the fees from time to time. You agree no fees are payable to you by a Requesting Third Party.
(b) Invoice: You will issue us with a valid GST invoice that meets the requirements of the Goods and Services Tax Act 1985. If we dispute the invoice, we will let you know as soon as reasonably practicable following receipt of the invoice.
(c) Payment: We aim to pay all undisputed valid GST invoices: (i) for Requests completed via a Practice Management System or the KNL Portal, within 10 Business Day of receipt of the invoice; and (ii) for all other Requests within 15 Business Days of receipt of the invoice. All payments shall be made by electronic transfer to the bank account or financial institution as notified in writing by you to KNL. You warrant and represent to us that such bank account(s) is a business bank account operated for the purpose of your business. KNL shall have no liability for inaccurate details (including account details) submitted in an invoice.
(d) Set off: KNL shall be entitled to retain or set-off any amount due to KNL by you against any amounts due to you by KNL. You shall not be entitled to retain or set-off any amount due to you by KNL under these Terms unless otherwise agreed to in advance by KNL.
(e) Inaccurate Supplied Information: Without prejudice to any other claims that KNL may have, in circumstances whereby a Request is completed, and it subsequently comes to KNL’s attention that the Supplied Information was false, inaccurate, misleading or fraudulent, you undertake to repay in full to us any and all such fees paid to you in respect of that relevant Request within 5 Business Days of being notified to do so.
8. Confidentiality
(a) Confidential Information: Without prejudice to clause 8(d) below, the parties agree that where Confidential Information is disclosed by a party (Disclosing Party) to the other party (Receiving Party), whether before or after the start of these Terms, the Confidential Information: (i) is strictly confidential; (ii) will be used by the Receiving Party only for the purposes of these Terms and the provision of the KNL Services; (iii) will not be disclosed to any third party without the prior written consent of the other party, except where required by law or otherwise as provided in these Terms. If a Receiving Party is required by law to disclose Confidential Information, it will (unless prohibited by law) promptly provide the Disclosing Party notice of the requirement to allow the Disclosing Party to take steps to prevent any disclosure.
(b) Keep secure: The Receiving Party will take the same measures (being not less than reasonable measures) to protect the Disclosing Party’s Confidential Information in its possession, as it takes to protect the confidentiality of its own information.
(c) Return: At any time, a Disclosing Party may give notice to the Receiving Party requiring its Confidential information to be securely, to the extent technically possible or practicable, destroyed or returned. The Receiving Party must comply with this notice within 10 Business Days of receiving the notice provided however Receiving Party may keep Confidential Information of the Disclosing Party if required by applicable law, or to enforce its rights under these Terms.
(d) KNL’s representatives: KNL may disclose your Confidential Information to those of its representatives and/or a Requesting Third Party who need to know such Confidential Information for the provision of the KNL Services.
9. Intellectual Property
(a) Intellectual property rights in the KNL Services: You acknowledge and agree that all intellectual property rights in relation to the KNL Services and any derivative works of them or otherwise created in providing the KNL Services to you is and remains KNL’s exclusive property (or our third party suppliers, licensors or vendors, as the case may be). You agree that you have no claim or rights to any part of such intellectual property rights and you will take whatever steps necessary to ensure that ownership rights in relation to such intellectual property remains with us (or our third party suppliers, licensors or vendors, as the case may be).
(b) Feedback: You hereby grant to us a royalty free, worldwide, perpetual, irrevocable, transferable right to use, modify, distribute and incorporate into the KNL Services (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, correction or other feedback or information provided by you or any Users related to the operation or functionality of the KNL Services.
10. Termination
(a) Termination for Convenience: You may terminate these Terms on 60 days written notice to us. Without prejudice to KNL’s other rights to terminate these Terms, KNL may terminate these Terms one 1 Business Days written notice to you.
(b) KNL’s rights of termination: Without prejudice to our other rights and remedies, KNL’s obligations under these Terms shall cease immediately in the event that: (i) adjustments to the KNL Platform or the KNL Services (as the case may be) are required because of your neglect, misuse or cause other than ordinary use; (ii) you (or a party acting on your behalf or on your instructions) attempt to fix or service KNL Platform or the KNL Services (as the case may be); (iii) you (or a User) infringes (or we reasonably suspect may be infringing) any intellectual property rights in the KNL Platform or the KNL Services; (iv) you breach or we suspect a breach of these Terms by you.
(c) Termination for breach: You may terminate these Terms on written notice to us if KNL (i) is in material breach of a Term that is capable of being remedied, the breach is not remedied within 60 days of you notifying us specifying the material breach and requiring it to be remedied; or (ii) suffers an insolvency event.
(c) Rights not affected: Termination in any manner shall not affect any rights or obligations properly accrued to either party prior to termination.
(d) Cease using KNL Services: On termination you (and your Users) must immediately cease using the KNL Services and comply with clause 8(c) of these Terms.
(e) Survival: Termination of these Terms will not extinguish or otherwise affect the obligations under these Terms which by their nature are intended to survive termination.
11. Disclaimers
(a) You acknowledge and agree that:
i. KNL, its officers, directors, employees, contractors and agents exclude all liability and responsibility for any loss, damage, costs and expenses that may result to you, your Users or any other person as a result of using or accessing the KNL Services or providing the Supplied Information to KNL.
ii. KNL, its officers, directors, employees, contractors and agents will have no liability whatsoever to you or any other person in relation to any error, misdescription or omission in any Supplied Information.
iii. KNL does not warrant or guarantee that the KNL Services will always be available or any of the functions contained in the KNL Services or your access will be uninterrupted or error-free.
iv. The KNL Services are provided on an “as is” basis.
(b) No implied warranties: Except as expressly set out in these Terms, and to the extent permitted by law, all other conditions, guarantees or warranties whether expressed or implied by statute (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) in respect of us or the KNL Services are expressly excluded. You agree that you are acquiring the KNL Services for the purposes of a business and that the provisions of the Consumer Guarantees Act 1993 do not apply. You agree this clause is fair and reasonable in the circumstances.
(c) Selection of KNL Services: You accept responsibility for the selection of the KNL Platform and KNL Services to achieve its intended purpose and acknowledge that KNL Platform and/or KNL Services has not been developed to meet your individual requirements.
(d) Back up: You are responsible for backing up your data and the Supplied Information. KNL shall not in any circumstances be liable for the loss or corruption of data (including Supplied Information).
12. Liability
(a) Law: Nothing in these Terms is intended to limit or exclude any loss that cannot be limited or excluded by law.
(b) Indemnity: You agree to indemnify, defend and hold KNL, and its officers, directors, employees and agents, harmless from and against all claims (including third party claims), liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, or your access to, or use of, the KNL Services, or the access to, or use of, the KNL Services by any other person using your (or a User’s) username or password or otherwise accessing or using the KNL Services as a result of any act or omission by you and for the accuracy of Supplied Information.
(c) Data Protection Indemnity: You agree to indemnify, defend and hold KNL, its officers, directors, employees and agents harmless from and against all claims, costs (including without limitation court costs and legal fees), charges, damages (direct or indirect), losses or expenses suffered or incurred by us or for which we may become liable as a result of your and/or a User’s use or transfer of the Personal Information or Supplied Information which is not in compliance with applicable law or any other breach by you of the Data Protection Laws.
(e) Liability: To the extent permitted by law, in no circumstances will KNL, its officers, directors, employees and agents be liable to you for any matter relating to or arising in connection with these Terms (or otherwise the use of the KNL Services and KNL Platform), whether based on an action or claim in contract, equity, negligence, tort or otherwise.
(d) No consequential loss: To the extent permitted by law, we will not be liable (whether in contract, tort, misrepresentation, restitution, including negligence, statute or otherwise) for any indirect, incidental, special or consequential losses or damages, loss of profit, revenue, business, goodwill, anticipated savings, or loss of information or data.
(e) No liability for other party’s failure: No party will be responsible, liable or held to be in breach of these Terms or otherwise to the extent that the failure is caused by the other party’s breach of these Terms, or by the negligence or misconduct of the other party or its officers, directors, employees, contractors and agents.
(f) Internet and networks: You acknowledge that the KNL Services are dependent on your maintenance of sufficient Internet access, networks and power and KNL will not be responsible for any deficiencies in the provision of the KNL Services due to any deficiencies in your internet access, networks and/or power.
(g) Mitigation: You must take reasonable steps to mitigate any loss, or damage, cost or expense that you may suffer or incur arising out of anything done or not done by KNL in connection with these Terms.
(h) Unforeseen Events: Neither party hereto will be liable for any amounts or default to the extent they are directly attributable to an Unforeseen Event. If an Unforeseen Event occurs, the affected party will promptly notify the other party. To the extent commercially practicable, the party affected by the Unforeseen Event will continue to comply with these Terms.
(i) Anti Bribery and Corruption: You shall not engage in any activity, practice or conduct which would constitute an offence under the Crimes Act 1961. If required, you must establish, maintain and enforce your own policies and procedures, including but not limited to adequate procedures under that Act, to ensure compliance with the requirements thereof.
13. General
(a) Amendment: We may amend these Terms by giving you no less than 10 days written notice. If you do not accept the amendments notified to you, you must immediately cease using the Services. Your continued use of the KNL Services will be deemed to be acceptance of the terms (as amended).
(b) No prejudice: No rights will be prejudiced or restricted by any indulgence or forbearance given by one party to the other and no waiver concerning any breach will operate as a waiver concerning any subsequent breach.
(c) Entire Agreement: These Terms form the entire agreement between us concerning the supply of the KNL Services to you and supersedes all prior arrangements and agreements.
(d) Assignment: You must not assign these Terms without our prior written consent, which will not be unreasonably withheld or delayed.
(e) Law: These Terms will be governed by New Zealand laws and the parties submit to the non-exclusive jurisdiction of the New Zealand Courts.
(f) Severance: A determination that any provision of these Terms is illegal, void or unenforceable will not affect any other part of these Terms.
(g) Notices: All notices and invoices to you will be sent to your last postal address or email address you have provided. All notices to us are to be sent to the address set out below, or such other address as most recently notified by us:
To: Konnect Net Limited
13-15 Teed Street, Newmarket, Auckland, 1023, New Zealand
Email: info@konnectnet.com
14. Definitions
(a) Unless the context otherwise requires:
Business Day means any day other than a Saturday, Sunday or public holiday when the banks in Auckland, New Zealand are open for business.
Confidential Information means any information and all other knowledge at any time disclosed (whether in writing or orally) to a Receiving Party by the other party, or acquired by the Receiving Party under these Terms which:
a) is by its nature confidential;
b) is marked by the disclosing party as “confidential”, in “confidence”, “commercial in confidence” or similar terms;
c) the Receiving Party knows or ought to know is confidential;
d) any note, calculation, conclusion, summary, record or other information generated that is based on, incorporated in or derived from or arising out of any of the information referred to in paragraphs (a) to (c) above;
e) all copies of information and material referred to in paragraphs (a) to (d) above;
but excludes information:
i. provided for in clause 6(d);
ii. created by or known to the Receiving Party independently (and provided the party can produce documentary evidence or other competent evidence to show that); or
iii. that is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or its representatives) in breach of this these terms);
iv. was available to the receiving party on a non-confidential basis before disclosure by the Disclosing Party;
v. was, is or becomes available to the Receiving Party on a non-confidential basis from a person who, to the Receiving Party’s actual knowledge, is not bound by a confidentiality agreement with the Disclosing Party or otherwise prohibited from disclosing the information to the receiving party; or
vi. the parties agree in writing is not confidential or may be disclosed or is provided for in these Terms;
Content includes all material and information displayed on the Suremed Forms, including real time or other information, notices, data, text, materials, graphics, software, tools, results, names, logos and trade marks on the Suremed Forms, and includes Supplied Information.
Data Protection Laws means the Privacy Act 2020 (NZ) and any applicable codes, including the Health Information Privacy Act 2020 and regulations and any replacement statutes.
Healthcare Provider means a general practice, hospital, specialists practice, allied health practice or any other organisation providing health care.
Healthcare Provider Services means the services and advice provided by a Healthcare Provider to the Requesting Third Party relating to the Relevant Individual.
KNL Platform means KNL’s internet-based data interface including all Systems, the KNL Portal and SureMed Forms where Healthcare Providers upload Supplied Information in response to a Request, and Requesting Third Party manage and complete Requests, including all upgrades and updates from time to time.
KNL Portal means KNL’s internet based data interface that allows the Requesting Third Parties and Healthcare Providers to manage Requests and provide Supplied Information.
KNL Services means the services provided by KNL in the management and completion of Requests including the transfer of Supplied Information from a Healthcare Provider to a Requesting Third Party that includes the utilisation of SureMed Forms, the KNL Platform and other Systems. The Supplied Information may be provided to KNL by any of the following means: a Practice Management System integrated with the KNL Platform, the KNL Portal, a KNL web page, email, courier or post or other means notified to you by KNL.
Personal Information has the meaning given in the Privacy Act 2020.
Practice Management System means an electronic practice and patient management system that allows Healthcare Providers to manage clinical information and records relating to their patients.
Privacy Breach has the meaning given in the Privacy Act 2020.
Relevant Individual means an individual who is the subject of a Request.
Request means a request by a Requesting Third Party to a Healthcare Provider for Healthcare Provider Services and/or information about a Relevant Individual.
Requesting Third Party means a third party who has entered into an agreement with KNL who uses the KNL Services to manage and complete Requests and receive Supplied Information.
Supplied Information means all information supplied to KNL via use of the KNL Services and includes any information, documentation or data (on any media and in any form), which may be: (i) supplied or made available by the Healthcare Provider (or any of its Users) to KNL; (ii) all data and other information (in any form) created from the Supplied Information for the purposes of providing to the Requesting Third Party.
SureMed Forms means KNL proprietary forms, which may be in electronic or paper based form.
System means any system, hardware, software, firmware and networking or telecommunications equipment, including any information, communications or technology, infrastructure or network used by to provide the KNL Services.
Users means personnel authorised by a Healthcare Provider to use the KNL Services.
15. Interpretation:
Unless the context otherwise requires:
(a) words in the singular shall include the plural and in the plural shall include the singular.
(b) any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative.
(c) a reference to a statue or statutory provision is a reference to it as amended, extended or re- enacted from time to time.
(d) A reference to a party to these Terms includes that party’s personal representatives, successors and permitted assigns;
(e) Clause, Schedule and paragraph headings shall not affect the interpretation of these Terms.