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CHAT-GP End User Licence Agreement

1. CHAT-GP is a bookmark which is available through the software known as Topbar, or such other successor title as is produced by Pen CS Pty Ltd. CHAT-GP has been developed by the University of Sydney (University) as a tool to help healthcare professionals make decisions about the diagnosis and treatment of their patients. It effectively functions like a calculator, taking a set of information entered into the system and rendering a set of metrics which may be of use to healthcare professionals.
2. CHAT-GP is provided by the University and is subject to these terms and conditions. In these terms, a reference to us, we or our is a reference to the University of Sydney.
3. By using CHAT-GP, you agree to these terms. If you do not agree to these terms, do not use CHAT-GP.

Privacy

4. We comply with our legal obligations under Australian law in relation to privacy, including the Commonwealth Privacy Act and the NSW Government Information Public Access Act.
5. The use of CHAT-GP may require you to enter information about your patients, including a combination of age, gender, whether a patient is a smoker, blood pressure, cholesterol levels, HDL cholesterol, whether or not a patient is diabetic, whether the patient identifies as an Aboriginal or Torres Strait Islander person, ECG LVH, Familial hypercholesterolaemia, Chronic kidney disease, Family history of CVD, High risk ethnicity, Alcohol (Audit-C), and details about Physical Activity (Patient Data).
6. We do not collect, share or store the Patient Data. All calculations performed by CHAT-GP based on the Patient Data are stored within the Topbar service, your use of which is subject to separate agreements that you have with third parties. We do not accept any responsibility for the conduct of those third parties or the use of the systems they may provide to you.
7. When you use CHAT-GP, we collect the following information; number of displays on Topbar, number of times App notified provider on Topbar, number of times the App was viewed/opened on Topbar, number of unique users, number of sessions, conversion rates, user role, usage by state/location, stickiness, retention rate and churn rate. Absolutely no general practice data, including data about General Practitioners or patients is collected or stored.
   
8. The Transferrable Information does not include any Personal Information.
9. We may use the Transferrable Information for any lawful purpose, including for conducting research ourselves or in collaboration with third parties.
10. In addition to the Transferrable Information, we reserve the right to collect anonymous information about your use of CHAT-GP, solely for the purpose of improving CHAT-GP. This may include information about crashes, compatibility with various devices or pauses in the application.
11. More information about our approach to and management of personal information is available at http://sydney.edu.au/privacy.shtml 

Changes to these Terms

12. We may update these terms at any time by updating the website at https://auscvdrisk.com.au/
13. Amendments to the terms will be effective as soon as they are published at the location in clause 12. By using CHAT-GP after these terms are amended, you are agreeing to the amended terms.

Intellectual Property Rights

14. All intellectual property rights in CHAT-GP (including software, design, text, data, icons etc) are owned by us and/or our licensors.
15. Materials procured from a third party (such as the Topbar software) may be the subject of a copyright owned by that third party.
16. We grant you a non-transferrable, non-exclusive licence to use CHAT-GP for personal, non-commercial use.
17. You must not distribute, reverse engineer, make any attempt to access the source code of, or in any way alter CHAT-GP without written permission from us.

No warranty

18. We take all reasonable care in developing and providing CHAT-GP. However, CHAT-GP is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.
19. CHAT-GP is designed to provide healthcare professionals with an additional service through which to assess risks to their patients and to make diagnoses and consider treatment options accordingly. If you are not a healthcare professional, you are not authorised or permitted to use CHAT-GP. CHAT-GP does not provide medical or healthcare advice and is not a substitute for advice provided by healthcare professionals.
20. We endeavour to perform our obligations under these terms with reasonable care and skill and endeavour to ensure availability of CHAT-GP. However, the availability of CHAT-GP may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that access to CHAT-GP will be continuous, uninterrupted, timely, free from errors, faults or viruses, or completely secure.
21. All express or implied guarantees, warranties, representations or other terms and conditions not contained in these terms are excluded to the extent permitted by law.

Our liability to You

22. CHAT-GP is provided free of charge to you and as such you use it at your own risk and without warranty as set out in the above clauses 19 and 21.  
23. We do not accept any liability to you for any losses (whether direct or otherwise) that result from your use of CHAT-GP, except that we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to the extent permitted by that legislation (including, for example, resupply of goods or services).
24. Our liability is reduced to the extent that the relevant loss or liability is caused or contributed to by you or a third party.
25. We are not responsible or liable for events or circumstances beyond our reasonable control.

Your obligations to us

26. You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by our negligence.
27. You warrant and represent that you have obtained all necessary consents to transfer to us and to permit us to use the Transferrable Information.

Rights to terminate

28. We may suspend, terminate or limit your access to CHAT-GP or to remove CHAT-GP from any associated software platform at any time including (without limitation) for maintenance of systems, if CHAT-GP is no longer cost effective to maintain, if the law requires us to do so, or if we believe that there is a real risk of loss or damage to us by continuing to provide CHAT-GP.
29. You may terminate this EULA by ceasing to use CHAT-GP. If you do so, any obligations or liabilities you accrued to us prior to your termination will survive termination of this Agreement.

General

30. These terms are governed by the laws of New South Wales. You and we submit to the exclusive jurisdiction of the courts of New South Wales.  If any part of these terms is invalid or unenforceable, that portion is to be read down or severed to the extent necessary without affecting the validity or enforceability of remaining provisions. The words "including", "such as", "for example" and similar expressions are not words of limitation. In the absence of manifest error, our records are conclusive.
31. We may assign or novate all or any part of our rights, remedies, powers or obligations under these terms to a third party without your consent, for example if a third party will operate CHAT-GP.  You may not assign, sublicense or otherwise deal with any of your rights under these terms.

Contacting us

32. For enquiries, please email carissa.bonner@sydney.edu.au
33. You can find out more about us by visiting https://askshareknow.com.au/